STAND. COM. REP. NO.1177

Honolulu, Hawaii

, 2003

RE: H.B. No. 1510

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 1510, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHIROPRACTIC,"

begs leave to report as follows:

The purpose of this measure is to update the definition of chiropractic and the scope of the practice of chiropractic.

This measure also restricts reimbursement for chiropractic treatment under workers' compensation law to only chiropractic treatment of the human spinal column and clarifies that only a licensed chiropractor is allowed to use the term "doctor of chiropractic" or "chiropractic physician."

The Board of Chiropractic Examiners and the Hawaii State Chiropractic Association submitted testimony in support of this measure.

The Chamber of Commerce of Hawaii, ILWU Local 142, the Hawaii Insurers Council, State Farm Insurance Companies, and the Hawaii Medical Association submitted testimony in opposition to this measure.

The Department of Commerce and Consumer Affairs submitted comments on the measure.

Your Committee finds that the definition of the practice of chiropractic was drafted in 1925. Over the past 77 years, the practice of chiropractic has advanced and has surpassed the current written law. This measure provides a definition encompassing the current educational curriculum taught in accredited chiropractic colleges throughout the country. The current chiropractic law is antiquated and does not recognize the current skills or practice of licensed doctors of chiropractic.

Your Committee has considered the concerns that this measure expands the scope of chiropractic practice, allows chiropractors to prescribe physical therapy and massage therapy, and effectively raises the thirty-visit limitation on chiropractic treatments in the motor vehicle insurance law, and in turn, the cost of insurance.

Your Committee determines that although the definition of "chiropractic" must be updated, the scope of practice should not; therefore, the effect of this measure should not be construed so as to increase the costs of providing workers' compensation insurance or motor vehicle insurance.

Your Committee has, therefore, amended the measure to clarify the intent by including language that expressly disclaims any intent to expand the scope of chiropractic practice in order to preclude applications of the law that may result in increased utilization, such as the recoding of chiropractic visits based on the amended definition of "chiropractic".

Your Committee has retained the delayed effective date of July 1, 2050, to facilitate further discussion on the issue.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1510, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1510, H.D. 1, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection and Housing.

 

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

BRIAN KANNO, Chair