HBA-MPM H.B. 455 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 455
By: Goolsby
Public Health
2/8/2001
Introduced



BACKGROUND AND PURPOSE 

Spinal manipulation or adjustment performed by person who does not have
adequate training may pose a health risk to an injured patient.  House Bill
455 requires a health care provider to receive additional hours of
classroom training and supervised clinical instruction in spinal
manipulation or adjustment in order to perform these techniques on a
patient. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 455 amends the Occupations Code to prohibit a person from
performing spinal manipulation or adjustment unless the person has the
legal authority to make a differential diagnosis and has also received 400
hours of classroom instruction and 800 hours of supervised clinical
training, in addition to meeting the other requirements for a license to
practice chiropractic.  A person in violation of this provision is subject
to disciplinary action by the Texas Board of Chiropractic Examiners.
Additionally, the bill prohibits a licensed health care provider, other
than a licensed chiropractor, from performing spinal manipulation or
adjustment unless the person has received the above instruction and
training and the performance of spinal manipulation or adjustment is within
the scope of practice under the person's license.  A licensed healthcare
provider who violates this provision engages in the unlawful practice of
the profession for which the person is licensed and is subject to
disciplinary action as provided by the law governing the person's license.
The bill provides that a person not licensed as a healthcare professional
commits a third degree felony if the person practices spinal manipulation
or adjustment without the required instruction and training. 

EFFECTIVE DATE

On passage, of if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2001.