STAND. COM. REP. NO.867
Honolulu, Hawaii
, 2003
RE: S.B. No. 1582
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 1582 entitled:
"A BILL FOR AN ACT RELATING TO CHIROPRACTIC,"
begs leave to report as follows:
The purpose of this measure is to clarify allowable workers' compensation reimbursements for chiropractic, the definition of "chiropractic", the scope of chiropractic practice, and acts that constitute violations of the chiropractic licensing law.
The Board of Chiropractic Examiners, Hawaii State Chiropractic Association, and Massage Therapists Association of Hawaii testified in support of this measure. The Chamber of Commerce of Hawaii, State Farm Insurance Companies, Hawaii Insurers Council, Hawaii Medical Association, ILWU Local 142, and Hawaii Employers' Mutual Insurance Company opposed the measure. The Department of Commerce and Consumer Affairs and Department of Labor and Industrial Relations commented on the measure.
This measure:
(1) Limits workers' compensation reimbursement for chiropractic to treatment of the human spinal column;
(2) Defines chiropractic as the science of palpating and adjusting the articulations and adjacent tissues of the human body, limited to the spinal column, head, lower and upper extremities, and rib cage;
(3) Requires a further definition of chiropractic practice in administrative rules, includes the referral of a specimen for laboratory examination within the scope of practice, and excludes therefrom chiropractic extraspinal manipulative treatment not based on generally accepted professional chiropractic standards and not included in accredited educational programs; and
(4) Clarifies acts that constitute a violation of the chiropractic licensing law, including the use of certain professional titles by unlicensed persons, but allows licensees to use the title "chiropractic physician".
Your Committee heard concerns that this measure expands the scope of chiropractic practice, allows chiropractors to prescribe physical therapy and massage therapy, and effectively raises the thirty-visit limitation on chiropractic treatments in the motor vehicle insurance law, and in turn, the cost of insurance.
By approving this measure, your Committee proposes to update and make more current the definition of "chiropractic". It is not your Committee's intent to expand the scope of chiropractic practice or to effect increases in the costs of providing workers' compensation and motor vehicle insurance benefits. Therefore, your Committee has amended this measure to include language that expressly disclaims any such intent in order to preclude applications of the law that may result in increased utilization, such as the recoding of chiropractic visits based on the amended definition of "chiropractic". In addition, your Committee made a technical amendment to reflect preferred drafting style.
Finally, your Committee notes that the Insurance Division has prepared an expedited economic impact analysis to determine the likely effects of expanded chiropractic treatment on the costs of motor vehicle, workers' compensation, and health insurance. Your Committee respectfully proposes that future discussions and review of this issue include the consideration of this analysis.
As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1582, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1582, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,
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____________________________ RON MENOR, Chair |
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