New York A 4405: Relates to modernizing the chiropractic scope of practice; repealer

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4405
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to modernizing the
chiropractic scope of practice; and to repeal certain provisions of
such law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 6551 of the education law, as added by chapter 987
2 of the laws of 1971, paragraphs a and b of subdivision 2 as amended by
3 chapter 450 of the laws of 1983, and subdivision 3 as amended by chapter
4 683 of the laws of 1991, is amended to read as follows:
5 § 6551. Definition of practice of chiropractic. 1. The practice of
6 the profession of chiropractic is defined as [detecting and correcting
7 by manual or mechanical means structural imbalance, distortion, or
8 subluxations in the human body for the purpose of removing nerve inter-
9 ference and the effects thereof, where such interference is the result
10 of or related to distortion, misalignment or subluxation of or in the
11 ] vertebral column. 2. the examination, evaluation, detection, diagnosis
12 of the human body and/or treatment or correction of: subluxations in the
13 vertebral column or other articular segments by manual or mechanical
14 means, neuromusculoskeletal conditions, structural imbalance,
15 distortion, and/or dysfunction of the human body and the effects there-
16 of; including restoring nervous system integrity, structural balance
17 and/or function; as it may relate to any human disease, pain, injury,
18 deformity or physical condition.
19 2. a. The practice of chiropractic may include, but not be limited to,
20 physical and functional examination of patients, health assessment, work
21 capability assessment, handicap eligibility assessment, school and other
22 sports assessment, school attendance assessment, spinal health assess-
23 ment, analysis, or to give consultation, advice, recommendations and
24 counseling regarding anatomy, physiology, neurology, general health
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD08239-01-9

A. 4405 2
1 matters, wellness and health optimization by any means of communication,
2 the use of imaging studies using ionizing and non-ionizing imaging meth-
3 ods, adjustment, mobilization, manipulation, traction, and decom-
4 pression, and ancillary procedures consisting of but not limited to,
5 heat, cold, light, air, water, sound, electricity, massage, manual ther-
6 apies, therapeutic exercise with or without assistive devices and clin-
7 ical laboratory testing methods approved by the department as being
8 appropriate to the practice of chiropractic.
9 b. Chiropractic examination, diagnostic and treatment methods may also
10 include electrodiagnostic testing and manipulation under anesthesia when
11 appropriate education standards have been met and as approved by the
12 department as being appropriate to the practice of chiropractic.
13 c. The practice of the profession of chiropractic allows a licensed
14 chiropractor who has successfully completed a registered doctoral, post-
15 doctoral or continuing education certification program of a higher
16 education credential by an accrediting agency, which contains courses of
17 study in wellness care methods, nutrition, and dietary advice satisfac-
18 tory to the department; use of wellness care methods and the ability to
19 engage in nutritional counseling and dietary advice, including the
20 dispensing of food concentrates, food extracts, nutraceuticals, vita-
21 mins, minerals, and other nutritional supplements approved by the
22 department as being appropriate to, and as a part of, the practice of
23 chiropractic.
24 a. A license to practice as a chiropractor shall not permit the3.
25 holder thereof to use [radio-therapy, fluoroscopy, or any form of ioniz-
26 ing radiation except X-ray which shall be used for the detection of
27 ]structural imbalance, distortion, or subluxations in the human body
28 .ionizing radiation sources for the purposes of radiotherapy
29 b. The requirements and limitations with respect to the use of [ ]X-ray
30 by chiropractors shall be enforced by thediagnostic imaging studies
31 state commissioner of health and [ ] is authorized tohe the commissioner
32 promulgate rules and regulations after conferring with the [ ]board
33 to carry out the purposes of this subdivision.department
34 c. Chiropractors shall retain for a period of three years all [X-ray
35 ] taken in the course of their practice, togetherfilms diagnostic images
36 with the records pertaining thereto, and shall make such [ ] films images
37 and records available to the state commissioner of health or his or her
38 representative on demand.
39 4. Chiropractors may use diagnostic cl