Georgia House of Representatives - 1995/1996 Sessions

HB 81 - Chiropractors; amend provisions

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 43-9-16

1. Simpson  101st         2. Orrock  56th            3. Wall  82nd
4. Lifsey  6th


House Comm: H&E        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
              ----------------------------------------                                              
Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 43-9-1, 43-9-16                                                              


HB 81                                           LC 11 8436/1






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 9 of Title 43 of the Official Code of
  1- 2  Georgia Annotated, relating to chiropractors, so as to
  1- 3  change the provisions relating to definitions, scope of
  1- 4  practice, standards of care, and permissible titles; to
  1- 5  repeal conflicting laws; and for other purposes.

  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 7  Chapter 9 of Title 43 of the Official Code of Georgia
  1- 8  Annotated, relating to chiropractors, is amended by striking
  1- 9  paragraph (2) of Code Section 43-9-1, relating to
  1-10  definitions, and inserting in its place the following:

  1-11      "(2) 'Chiropractic' means includes the detection of
  1-12      vertebral and other subluxation complexes, the
  1-13      adjustment of the articulation articulations of the
  1-14      human body, including ilium, sacrum, and coccyx, and the
  1-15      use of electric X-ray photography, diagnostic
  1-16      procedures, X-ray, and other imaging procedures,
  1-17      provided that the X-ray shall not be used for
  1-18      therapeutical purposes. The term 'chiropractic' shall
  1-19      also mean that separate and distinct, portal of entry
  1-20      branch of the healing arts whose science and art utilize
  1-21      the inherent recuperative powers of the body and the
  1-22      relationship between the musculoskeletal structures and
  1-23      functions of the body, particularly of the spinal column
  1-24      and the nervous system, in the restoration and
  1-25      maintenance of health. Chiropractic is a learned
  1-26      profession which teaches that the relationship between
  1-27      structure and function in the human body is a
  1-28      significant health factor and that such relationships
  1-29      between the spinal column and the nervous system are
  1-30      most significant, since the normal transmission and
  1-31      expression of nerve energy are essential to the
  1-32      restoration and maintenance of health.  However, the
  1-33      term 'chiropractic' shall not include the use of drugs
  1-34      or surgery."


                                 -1- (Index)

                                                LC 11 8436/1

                         SECTION 2.

  2- 1  Said chapter is further amended by striking Code Section
  2- 2  43-9-16, relating to scope of practice, and inserting in its
  2- 3  place the following:

  2- 4    "43-9-16. (Index)

  2- 5    (a) Chiropractors who have complied with this chapter
  2- 6    shall have the right to practice chiropractic as defined
  2- 7    in paragraph (2) of Code Section 43-9-1 and to examine,
  2- 8    diagnose, adjust, and treat patients according to specific
  2- 9    chiropractic methods.  Chiropractors shall observe public
  2-10    health regulations.

  2-11    (b) The chiropractic adjustment of the articulations of
  2-12    the human body may include manual adjustments and
  2-13    adjustments by means of electrical and mechanical devices
  2-14    which produce traction or vibration.  Chiropractors who
  2-15    have complied with this chapter may also use in
  2-16    conjunction with adjustments of the spinal structures
  2-17    electrical therapeutic modalities which induce heat or
  2-18    electrical current beneath the skin, including therapeutic
  2-19    ultrasound, galvanism, microwave, diathermy, and
  2-20    electromuscular stimulation.  Chiropractors who have
  2-21    complied with this chapter may utilize and recommend hot
  2-22    and cold packs and nonprescription, over-the-counter
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  2-24    body which are commonly available through retail pharmacy
  2-25    outlets; provided, however, the same shall not be
  2-26    construed to allow chiropractors to treat patients outside
  2-27    the scope of practice of chiropractic as set forth in this
  2-28    chapter.

  2-29    (c) Chiropractors who have complied with this chapter may
  2-30    utilize those electric therapeutic modalities described in
  2-31    subsection (b) of this Code section, provided the
  2-32    chiropractor shall have completed a course of study
  2-33    containing a minimum of 120 hours of instruction in the
  2-34    proper utilization of those procedures in accordance with
  2-35    the guidelines set forth by the Council on Chiropractic
  2-36    Education or its successor and is qualified and so
  2-37    certified in that proper utilization.

  2-38    (d) Chiropractors who have complied with this chapter
  2-39    shall have the right to sign health certificates, which
  2-40    includes physical examination forms, reporting to the
  2-41    proper health officers the same as other practitioners.



                                 -2- (Index)

                                                LC 11 8436/1

  3- 1    (e) Chiropractors shall not prescribe or administer
  3- 2    medicine to patients, perform surgery, or practice
  3- 3    obstetrics or osteopathy.

  3- 4    (f) Chiropractors shall not use venipuncture, capillary
  3- 5    puncture, acupuncture, or any other technique which is
  3- 6    invasive of the human body either by penetrating the skin
  3- 7    or treating through any of the orifices of the body or
  3- 8    through the use of colonics.

  3- 9    (g) A person professing to practice chiropractic for
  3-10    compensation must bring to the exercise of that person's
  3-11    profession a reasonable degree of care and skill.  Any
  3-12    injury resulting from a want of such care and skill shall
  3-13    be a tort for which a recovery may be had.  If a
  3-14    chiropractor performs upon a patient any act authorized to
  3-15    be so performed under this chapter but which act also
  3-16    constitutes a standard procedure of the practice of
  3-17    medicine, including but not limited to the use of
  3-18    modalities such as X-rays as well as those modalities
  3-19    described in subsection (b) of this Code section and
  3-20    X-rays, under similar circumstances the chiropractor shall
  3-21    be held to the same standard of care as would licensed
  3-22    doctors of medicine who are qualified to and who actually
  3-23    perform those acts under similar conditions and like
  3-24    circumstances.

  3-25    (h) A licensed practitioner of chiropractic is a physician
  3-26    and may use only the title 'chiropractor,' or 'doctor of
  3-27    chiropractic,' or 'D.C.'

  3-28    (i) Chiropractors who have complied with this chapter may
  3-29    recommend the use of vitamins, minerals, or food
  3-30    supplements. Any such recommendation of vitamins,
  3-31    minerals, or food supplements shall not be construed to
  3-32    allow chiropractors to treat patients outside the scope of
  3-33    the practice of chiropractic as set forth in this chapter
  3-34    nor shall this subsection be construed to allow
  3-35    chiropractors to sell at a profit any such vitamins,
  3-36    minerals, or food supplements nor receive any profits from
  3-37    the sale of any such vitamins, minerals, or food
  3-38    supplements without providing their generic names.
  3-39    Nothing in this subsection shall preclude compliance with
  3-40    Chapter 8 of Title 48, relating to the collection of sales
  3-41    and use taxes.

  3-42    (j) Doctors of chiropractic may utilize and refer for
  3-43    X-rays and diagnostic imaging procedures taught in Council



                                 -3- (Index)

                                                LC 11 8436/1

  4- 1    on Chiropractic Education accredited schools and colleges
  4- 2    and approved by the board."

                         SECTION 3.

  4- 3  All laws and parts of laws in conflict with this Act are
  4- 4  repealed.










































                                 -4- (Index)