By Jackson S.B. No. 330
77R1032 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the training required for a health care professional to
1-3 safely perform spinal manipulation; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 201, Occupations Code, is
1-6 amended by adding Section 201.3035 to read as follows:
1-7 Sec. 201.3035. REQUIREMENTS TO PERFORM SPINAL MANIPULATION
1-8 OR ADJUSTMENT. (a) In this section:
1-9 (1) "License as a health care provider" has the
1-10 meaning assigned by Section 201.606.
1-11 (2) "Spinal manipulation or adjustment" means the use
1-12 by a person of direct thrust or leverage to move a joint of a
1-13 patient's spine beyond its normal range of motion, but without
1-14 exceeding the limits of anatomical integrity.
1-15 (b) A person may not perform spinal manipulation or
1-16 adjustment unless the person has the legal authority to
1-17 differentially diagnose and has received:
1-18 (1) at least 400 hours of classroom instruction in
1-19 spinal manipulation or adjustment; and
1-20 (2) at least 800 hours of supervised clinical training
1-21 at an institution or facility in which spinal manipulation or
1-22 adjustment is the primary method of patient treatment.
1-23 (c) The requirements of Subsection (b) are in addition to
1-24 the other requirements for a license under this subchapter. A
2-1 person who violates this section engages in the unlawful practice
2-2 of chiropractic and is subject to disciplinary action under
2-3 Subchapter K.
2-4 (d) A person who holds a license as a health care provider,
2-5 other than a license under this chapter, may not perform spinal
2-6 manipulation or adjustment unless the person meets the requirements
2-7 of Subsection (b) and the performance of spinal manipulation or
2-8 adjustment is within the scope of practice under the person's
2-9 license. A person subject to this subsection who violates this
2-10 section engages in the unlawful practice of the profession for
2-11 which the person is licensed and is subject to disciplinary action
2-12 as provided by the law governing the person's license.
2-13 (e) This section does not restrict the practice of medicine
2-14 by a physician licensed under Subtitle B.
2-15 SECTION 2. Section 201.604, Occupations Code, is amended to
2-16 read as follows:
2-17 Sec. 201.604. GENERAL CRIMINAL PENALTY. Except as provided
2-18 by Sections [Section] 201.605 and 201.606, a person commits an
2-19 offense if the person violates this chapter. An offense under this
2-20 section is a misdemeanor punishable by a fine of not less than $50
2-21 or more than $500 or by confinement in the county jail for not more
2-22 than 30 days.
2-23 SECTION 3. Subchapter M, Chapter 201, Occupations Code, is
2-24 amended by adding Section 201.606 to read as follows:
2-25 Sec. 201.606. CRIMINAL PENALTY: PERFORMANCE OF SPINAL
2-26 MANIPULATION WITHOUT LICENSE. (a) In this section, "license as a
2-27 health care provider" means a license, certificate, registration,
3-1 permit, or other form of authorization issued under this title.
3-2 (b) A person commits an offense if the person violates
3-3 Section 201.3035 and the person does not hold a license as a health
3-4 care provider.
3-5 (c) An offense under this section is a felony of the third
3-6 degree.
3-7 SECTION 4. This Act takes effect immediately if it receives
3-8 a vote of two-thirds of all the members elected to each house, as
3-9 provided by Section 39, Article III, Texas Constitution. If this
3-10 Act does not receive the vote necessary for immediate effect, this
3-11 Act takes effect September 1, 2001.