78R6039 JMM-F

By:  Jackson                                                      S.B. No. 1757



A BILL TO BE ENTITLED

AN ACT

relating to the training required for a health care professional to 
safely perform spinal manipulation; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter G, Chapter 201, Occupations Code, is 
amended by adding Section 201.3035 to read as follows:
	Sec. 201.3035.  REQUIREMENTS TO PERFORM SPINAL MANIPULATION 
OR ADJUSTMENT.  (a)  In this section:
		(1)  "License as a health care provider" has the 
meaning assigned by Section 201.606.
		(2)  "Spinal manipulation or adjustment" means the use 
by a person of direct thrust or leverage to move a joint of a 
patient's spine beyond its normal range of motion, but without 
exceeding the limits of anatomical integrity.
	(b)  A person may not perform spinal manipulation or 
adjustment unless the person has the legal authority to 
differentially diagnose and has received:
		(1)  at least 400 hours of classroom instruction in 
spinal manipulation or adjustment; and
		(2)  at least 800 hours of supervised clinical training 
at an institution or facility in which spinal manipulation or 
adjustment is the primary method of patient treatment.
	(c)  The requirements of Subsection (b) are in addition to 
the other requirements for a license under this subchapter.  A 
person who violates this section engages in the unlawful practice 
of chiropractic and is subject to disciplinary action under 
Subchapter K.
	(d)  A person who holds a license as a health care provider, 
other than a license under this chapter, may not perform spinal 
manipulation or adjustment unless the person meets the requirements 
of Subsection (b) and the performance of spinal manipulation or 
adjustment is within the scope of practice under the person's 
license.  A person subject to this subsection who violates this 
section engages in the unlawful practice of the profession for 
which the person is licensed and is subject to disciplinary action 
as provided by the law governing the person's license.
	(e)  This section does not restrict the practice of medicine 
by a physician licensed under Subtitle B.
	SECTION 2.   Section 201.604, Occupations Code, is amended 
to read as follows:
	Sec. 201.604.  GENERAL CRIMINAL PENALTY.  Except as 
provided by Sections [Section] 201.605 and 201.606, a person 
commits an offense if the person violates this chapter. An offense 
under this section is a misdemeanor punishable by a fine of not less 
than $50 or more than $500 or by confinement in the county jail for 
not more than 30 days.
	SECTION 3.   Subchapter M, Chapter 201, Occupations Code, is 
amended by adding Section 201.606 to read as follows:
	Sec. 201.606.  CRIMINAL PENALTY:  PERFORMANCE OF SPINAL 
MANIPULATION WITHOUT LICENSE.  (a)  In this section, "license as a 
health care provider" means a license, certificate, registration, 
permit, or other form of authorization issued under this title.
	(b)  A person commits an offense if the person violates 
Section 201.3035 and the person does not hold a license as a health 
care provider.
	(c)  An offense under this section is a felony of the third 
degree.   
	SECTION 4.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.