STAND. COM. REP. NO.1136-02
Honolulu, Hawaii
, 2002
RE: S.B. No. 233
S.D. 2
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 233, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHIROPRACTIC,"
beg leave to report as follows:
The purpose of this bill is to update and clarify the chiropractor licensing law by:
(1) Including within the definition of "chiropractic," physical therapy, massage therapy, and referrals of specimens for laboratory tests;
(2) Providing that chiropractic diagnosis and treatment, including articulations and manipulative therapies, concern the whole body, and not just the spinal column;
(3) Defining "extraspinal" as articulation of the extremities of the human body;
(4) Redrafting the section of the law controlling prohibited practices and penalties to increase clarity; and
(5) Specifying that in addition to authorized titles such as "doctor of chiropractic," licensed chiropractors may use the title "chiropractic physician."
The Massage Therapists Association and one individual testified in support of the bill. The Board of Chiropractic Examiners, Hawaii Chapter American Physical Therapy Association, and the Hawaii State Chiropractic Association supported the intent of the bill and suggested amendments. The Hawaii Medical Association, Chamber of Commerce of Hawaii, State Farm Insurance Companies, and the Hawaii Insurers Council opposed the measure.
Your Committees find that state law regarding chiropractic scope of practice was enacted approximately 77 years ago, rendering some of its language obsolete. This bill will revise current state chiropractic laws to conform to standards set forth by the United States Department of Education and followed by accredited chiropractic colleges in the United States. The proposed changes in this bill also clarify the practice of chiropractic in accordance with national accreditation standards of the Council of Chiropractic Education.
Your Committees recognize, however, the concerns of no-fault industry representatives who believe that this bill, as drafted, may affect the no-fault personal injury protection benefits law by expanding the number of referrals for physical therapy and massage therapy beyond the 30-visit limit.
Therefore, your Committees have amended this measure by:
(1) Deleting references to physical therapy and massage therapy from the definition of "chiropractic";
(2) Amending the personal injury protection benefit law to define "chiropractic," and clarify that "chiropractic treatment" counting towards the 30-visit limit includes referrals for physical therapy and massage therapy; and
(3) Making technical, nonsubstantive amendments for purposes of style and clarity.
As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 233, S.D. 2, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 233, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ KENNETH T. HIRAKI, Chair |
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