Bill Text: MI SB0968 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Occupations; chiropractors; definitions regarding scope of practice for chiropractors; revise. Amends sec. 16401 of 1978 PA 368 (MCL 333.16401). TIE BAR WITH: HB 5091'09, HB 5105'09, SB 0970'09, SB 0971'09, SB 0972'09, SB 0973'09
Spectrum: Bipartisan Bill
Status: (Passed) 2009-12-31 - Assigned Pa 0223'09 With Immediate Effect [SB0968 Detail]
Download: Michigan-2009-SB0968-Chaptered.html
Act No. 223
Public Acts of 2009
Approved by the Governor
January 5, 2010
Filed with the Secretary of State
January 5, 2010
EFFECTIVE DATE: January 5, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2009
Introduced by Senators Kuipers, Van Woerkom, Cropsey, Gilbert, Jansen, Jelinek, Garcia, McManus, Allen, Sanborn, Barcia, Cherry, Clarke, Jacobs, Gleason, Basham, Thomas, Hunter, Scott and Olshove
ENROLLED SENATE BILL No. 968
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 16401 (MCL 333.16401), as amended by 2002 PA 734.
The People of the State of Michigan enact:
Sec. 16401. (1) As used in this part:
(a) “Chiropractor”, “chiropractic physician”, “doctor of chiropractic”, or “d.c.” means an individual licensed under this article to engage in the practice of chiropractic.
(b) “Dislocation” means complete disruption in the normal relationship of 2 bones forming a joint resulting in no contact of the articular surfaces. A dislocation does not include a subluxation.
(c) “Joint dysfunction” means a joint that is impaired so that it does not function properly.
(d) “Musculoskeletal system” means the system of muscles, tendons, ligaments, bones, joints, and associated tissues that moves the body and maintains its form.
(e) “Practice of chiropractic” means that discipline within the healing arts that deals with the human nervous system and the musculoskeletal system and their interrelationship with other body systems. Practice of chiropractic includes the following:
(i) The diagnosis of human conditions and disorders of the human musculoskeletal and nervous systems as they relate to subluxations, misalignments, and joint dysfunctions. These diagnoses shall be for the purpose of detecting and correcting those conditions and disorders or offering advice to seek treatment from other health professionals in order to restore and maintain health.
(ii) The evaluation of conditions or symptoms related to subluxations, misalignments, and joint dysfunction through any of the following:
(A) Physical examination.
(B) The taking and reviewing of patient health information.
(C) The performance, ordering, or use of tests. The performance, ordering, or use of tests in the practice of chiropractic is regulated by rules promulgated under section 16423.
(D) The performance, ordering, or use of x-ray.
(E) The performance, ordering, or use of tests that were allowed under section 16423 as of December 1, 2009.
(iii) The chiropractic adjustment of subluxations, misalignments, and joint dysfunction and the treatment of related bones and tissues for the establishment of neural integrity and structural stability.
(iv) The use of physical measures, analytical instruments, nutritional advice, rehabilitative exercise, and adjustment apparatus regulated by rules promulgated under section 16423.
(2) The practice of chiropractic does not include any of the following:
(a) The performance of any procedure that cuts or punctures the skin.
(b) The dispensing or prescribing of drugs or medicine.
(c) Except for diagnostic purposes only, the use of x-ray.
(d) The performance of an invasive procedure involving a body orifice or cavity unless allowed by rules promulgated under section 16423 and limited to examinations involving the ears, nose, and throat.
(e) The treatment of fractures or dislocations.
(f) The performance or ordering of non-x-ray diagnostic imaging tests that were not allowed under section 16423 as of December 1, 2009.
(3) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this act and part 161 contains definitions applicable to this part.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:
(a) Senate Bill No. 970.
(b) Senate Bill No. 971.
(c) Senate Bill No. 972.
(d) Senate Bill No. 973.
(e) House Bill No. 5091.
(f) House Bill No. 5105.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
