BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1353

80R8164 BEF-D                                                                                                     By: Uresti, Janek

                                                                                                                  Health & Human Services

                                                                                                                                            4/21/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits chiropractors from performing surgery, from performing any invasive procedure, and from diagnosing physical diseases, disorders, deformities, or injuries.  However, the Texas Board of Chiropractic Examiners has passed rules that would permit chiropractors to perform clinical needle electromyography, which is an invasive diagnostic procedure, and spinal manipulation under anesthesia, which is a surgical procedure.  These procedures constitute the clinical practice of medicine and may cause serious injuries to patients if performed improperly.

 

As proposed, S.B. 1353 requires both clinical needle electromyography and spinal manipulation under anesthesia to be performed only by or under the delegation and supervision of a physician.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 151, Occupations Code, by adding Section 151.057, as follows:

 

Sec. 151.057.  APPLICATION TO CERTAIN PROCEDURES.  Provides that the performance of manipulation under anesthesia or needle electromyography constitutes the practice of medicine and is only authorized to be performed by or under the delegation and supervision of a physician. 

 

SECTION 2.  Effective date: upon passage or September 1, 2007.