SB-0968, As Passed Senate, December 3, 2009

SUBSTITUTE FOR

SENATE BILL NO. 968

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16401, 16423, and 16431 (MCL 333.16401,

333.16423, and 333.16431), section 16401 as amended by 2002 PA 734

and section 16431 as amended by 1994 PA 234.

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) "Joint dysfunction" means a joint that is impaired so that

it does not function properly.

     (c) "Musculoskeletal system" means the system of muscles,

tendons, ligaments, bones, joints, and associated tissues that

moves the body and maintains its form.

(d) (b) "Practice of chiropractic" means that discipline

within the healing arts which that deals with the human nervous

system and its relationship to the spinal column and its the

musculoskeletal system and their interrelationship with other body

systems. Practice of chiropractic includes the following:

     (i) Diagnosis, including spinal analysis, to determine the

existence of spinal subluxations or misalignments that produce

nerve interference, indicating the necessity for chiropractic care.

The diagnosis of human conditions and human nervous system and

musculoskeletal disorders related to subluxations, misalignments,

and joint dysfunctions for the purpose of detecting and correcting

those 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) (ii) A The chiropractic adjustment of spinal subluxations,

or misalignments, and joint dysfunction and the treatment of

related bones and tissues for the establishment of neural integrity

utilizing the inherent recuperative powers of the body for

restoration and maintenance of health and structural stability.

(iv) (iii) The use of physical measures, analytical instruments,

nutritional advice, rehabilitative exercise, and adjustment

apparatus regulated by rules promulgated by the board pursuant to

under section 16423. , and the use of x-ray machines in the

examination of patients for the purpose of locating spinal

subluxations or misaligned vertebrae of the human spine.

     (2) The practice of chiropractic does not include the any of

the following:

     (a) The performance of incisive surgical procedures, the

performance of an invasive procedure requiring instrumentation, or

the 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.

     (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) (2) In addition to the definitions in this part, article 1

contains general definitions and principles of construction

applicable to all articles in this code act and part 161 contains

definitions applicable to this part.

     Sec. 16423. (1) The department, in consultation with the

board, shall promulgate rules to establish criteria for the

performance and ordering of tests and the approval of analytical

instruments and adjustment apparatus to be used for the purpose of

examining and treating patients in locating spinal for subluxations

and misalignments of the human spine that produce nerve

interference or joint dysfunction. The criteria established shall

be substantially equivalent to nationally recognized standards in

the profession for the performance and ordering of tests and the

use and operation of the instruments and apparatus. The board may

approve types and makes of analytical instruments and adjustment

apparatus that meet these criteria.

     (2) An individual shall not perform or order tests or use

analytical instruments or adjustment apparatus which does that do

not meet nationally recognized standards or which is that are not

approved by the board.

     Sec. 16431. (1) Notwithstanding the requirements of part 161,

the board may require a licensee seeking renewal of a license to

furnish the board with satisfactory evidence that during the 2

years immediately preceding the application for renewal the

applicant has attended not less than two 2-day educational

conferences approved by the board, in subjects related to the

practice of chiropractic and designed to further educate licensees.

     (2) As required under section 16204, the department, in

consultation with the board, shall promulgate rules requiring each

applicant for license renewal to complete as part of the

educational conferences required under subsection (1) an

appropriate number of hours or courses in pain and symptom

management.

     (3) The department, in consultation with the board, shall

promulgate rules requiring each applicant for license renewal to

complete as part of the educational conferences required under

subsection (1) an appropriate number of hours or courses concerning

the provisions of section 16401(1).

     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. 969.

     (b) Senate Bill No. 970.

     (c) Senate Bill No. 971.

     (d) Senate Bill No. 972.

     (e) Senate Bill No. 973.