Report Title:

Chiropractic; Laboratory Tests; Physical Therapy

 

Description:

Clarifies that chiropractic includes referrals for laboratory tests and diagnosis and treatment of neuromuscular conditions, and articulation and palpitation of the body; defines "extraspinal;" amends no-Fault personal injury protection benefits law by defining "chiropractic" and including referrals to physical and massage therapists within "chiropractic treatment." (SB233 HD2)

 

THE SENATE

S.B. NO.

233

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

STATE OF HAWAII

H.D. 2


 

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; and

(L) Referral of a specimen for laboratory examination,

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) No person shall:

(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 chiropractic activity unless the person is licensed to do so in this State.

(b) No person who is licensed under this chapter shall:

(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. Section 431:10C-103.6, Hawaii Revised Statutes, is amended to read as follows:

"431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only. (a) The benefits provided under section 431:10C-103.5 shall be substantially comparable to the requirements for prepaid health care plans, as provided in chapter 393 and rules of the department of labor and industrial relations, pertaining to the Prepaid Health Care Act. The reference to the Prepaid Health Care Act is only for purposes of describing the coverages and exclusions, without regard to any specific insurer or plan, and shall not be construed to transfer coverage to the prepaid health care plans. The precise charges and utilization rates shall be as contained in the workers' compensation schedules as provided under section 431:10C-308.5, unless modified by the commissioner by rule under chapter 91.

(b) Chiropractic treatments shall be allowed for not more than the lesser of the following:

(1) Thirty visits at no more than $75 a visit, plus no more than five x-rays at no more than $50 each; or

(2) Treatment as defined by the Hawaii State Chiropractic Association guidelines in effect on January 25, 1997.

(c) Acupuncture treatments shall be allowed for no more than thirty visits at no more than $75 a visit.

(d) The combined total of chiropractic and acupuncture treatments may not exceed thirty visits.

(e) The benefits under section 431:10C-103.5 may be with copayment, and shall be subject to and apply the utilization requirements applicable under prepaid health care plans, under chapter 393.

(f) As used in this section:

"Chiropractic" shall have the same meaning as in section 442-1.

"Chiropractic treatment" shall include referrals by a chiropractor to any other provider for physical therapy and massage therapy."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.