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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of chiropractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.002, Occupations Code, is amended by |
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amending Subsections (a) and (b) to read as follows: |
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(a) In this section: |
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(1) "Controlled substance" has the meaning assigned to |
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that term by Section 481.002, Health and Safety Code. |
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(2) "Dangerous drug" has the meaning assigned to that |
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term by Section 483.001, Health and Safety Code. |
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(2-a) "Diagnose" means to analyze, examine, or |
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evaluate a condition or system of the human body. |
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(3) "Incisive or surgical procedure" includes making |
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an incision into any tissue, cavity, or organ by any person or |
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implement. The term does not include the use of a needle for: |
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(A) the purpose of drawing blood for diagnostic |
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testing; |
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(B) acupuncture to the extent authorized by rules |
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adopted by the board; |
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(C) electromyography for diagnostic testing, if |
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the procedure is performed by a licensee who has been trained as |
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required by rules adopted by the board and who is certified or |
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accredited by a nationally-recognized organization approved by the |
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board that provides such certification or accreditation; or |
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nationally-recognized organization approved by the board that |
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provides such certification or accreditation; or |
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(D) manipulation under anesthesia, if: |
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(i) the anesthesia is administered by a |
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physician whose education, training, and licensing authorize the |
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physician to administer that type of anesthesia; |
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(ii) the anesthesia is administered in a |
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facility in which it may be lawfully administered; and |
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(iii) the manipulation is performed by a |
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chiropractor whose education, training, and licensing authorize |
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the chiropractor to perform the type of manipulation performed. |
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(4) "Surgical procedure" includes a procedure |
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described in the surgery section of the common procedure coding |
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system as adopted by the Centers for Medicare and Medicaid Services |
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of the United States Department of Health and Human Services and in |
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effect on January 1, 2010. |
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(b) A person practices chiropractic under this chapter if |
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the person: |
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(1) uses objective or subjective means to diagnose |
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[analyze, examine, or evaluate] the biomechanical condition of the |
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spine and musculoskeletal system of the human body; |
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(2) performs nonsurgical, nonincisive procedures, |
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including adjustment and manipulation, to improve the subluxation |
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complex or the biomechanical condition of the spine or |
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[biomechanics of the] musculoskeletal system; |
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(3) represents to the public that the person is a |
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chiropractor; or |
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(4) uses the term "chiropractor," "chiropractic," |
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"doctor of chiropractic," "D.C.," or any derivative of those terms |
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or initials in connection with the person's name. |
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SECTION 2. Subchapter J, Chapter 201, Occupations Code, is |
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amended by adding Section 201.454 to read as follows: |
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Sec. 201.454. PATIENT REFERRAL. A chiropractor who |
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determines, or in the exercise of reasonable care should determine, |
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that a condition of a patient is one for which chiropractic |
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treatment is contraindicated or otherwise inappropriate shall |
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inform the patient of the determination and, with the patient's |
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consent, refer the patient to an appropriate health care provider |
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considering the patient's condition. |
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SECTION 3. This Act takes effect September 1, 2011. |