Report Title:

Chiropractic; Laboratory Tests; Physical Therapy

 

Description:

Clarifies the practice of chiropractic to include referrals for laboratory tests, physical therapy, and massage therapy; clarifies articulations and manipulative therapies; defines "extraspinal"; and clarifies violations and penalties. (SB233 HD1)

 

THE SENATE

S.B. NO.

233

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to chiropractic.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 442-1, Hawaii Revised Statutes, is amended to read as follows:

"§442-1 Chiropractic defined. [Chiropractic is defined to be] (a) As used in this chapter, "chiropractic" means the science of palpating and adjusting the articulations of the human [spinal column by hand;] body; provided that [the]:

(1) The practice of chiropractic as contemplated and set forth in this chapter may include [the use]:

(A) Use of necessary patient evaluation and management procedures of the human [spinal column, hot] body;

(B) Hot or cold packs[, whirlpool, therapeutic];

(C) Whirlpool;

(D) Therapeutic and rehabilitative exercise[, traction, electrical];

(E) Traction;

(F) Electrical and electromechanical stimulation[, therapeutic];

(G) Therapeutic ultrasound[, myofascial];

(H) Myofascial release[, diathermy, infrared, and chiropractic];

(I) Diathermy;

(J) Infrared;

(K) Chiropractic spinal and extraspinal manipulative treatment and [extraspinal] evaluations;

(L) Referral for laboratory examination of a specimen;

(M) Physical therapy;

(N) Massage therapy,

for the diagnosis and treatment of neuromusculoskeletal conditions related to the human [spinal column,] body, subject to the restrictions contained in this chapter; and [provided further that the]

(2) The practice of chiropractic as contemplated and set forth in this chapter shall not include the practice of lomilomi or massage.

(b) For the purposes of this section[, spinal refers to]:

"Extraspinal" means articulations of the extremities of the human body.

"Spinal" means the five spinal regions: cervical region (includes atlanto-occipital joint); thoracic region (includes costovertebral and costotransverse joint); lumbar region; sacral region; and pelvic (sacro-iliac joint) region."

SECTION 2. Section 442-19, Hawaii Revised Statutes, is amended to read as follows:

"§442-19 Violations, penalty. [Any person who practices or attempts to practice chiropractic, or any person who buys, sells, or fraudulently obtains a license to practice chiropractic, whether recorded or not, or who uses the title "chiropractor" or "D.C.", or any word or title to induce, or tending to induce belief that the person is engaged in the practice of chiropractic, without first complying with this chapter; or any licensee under this chapter who uses the word "doctor" or the prefix "Dr." without the word "chiropractor" or "D.C." immediately following the licensee's name, or uses the letters "M.D." or the words "doctor of medicine", or the term "surgeon", or the term "physician", or the word "osteopath", or the letters "D.O.", or any other letters, prefixes, or suffixes, the use of which would indicate that the licensee is practicing a profession for which the licensee holds no license from the State, or any person who violates any of the provisions of this chapter, shall be fined not more than $1,000, or imprisoned not more than ninety days, or both."]

(a) It shall be a violation for a person to:

(1) Practice or attempt to practice chiropractic without being licensed or maintaining a license in accordance with this chapter; or

(2) Use the title "chiropractor", or "doctor of chiropractic", "D.C.", "chiropractic physician", or any word or title to induce or tend to induce the belief that the person is licensed to engage in the activity unless the person is licensed to do so in the state.

(b) It shall be a violation for any person who is licensed

under this chapter to:

(1) Use the title "doctor" or "Dr." without the word "chiropractor" or "D.C." immediately following the licensee's name;

(2) Use the title "physician" without the word "chiropractic" immediately prior to it; or

(3) Use the titles "M.D.", "doctor of medicine", "surgeon", "osteopath", "D.O.", or any other titles, letters, prefixes, or suffixes that would induce or tend to induce the belief that the chiropractor is licensed to engage in the activity unless licensed to do so in the state.

(c) Any person who violates any of the provisions of this chapter shall be fined not more than $1,000 or imprisoned not more than ninety days, or both."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.