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PRINTER'S NO. 3387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2272
Session of
2018
INTRODUCED BY BARRAR, MICCARELLI AND READSHAW, APRIL 18, 2018
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 18, 2018
AN ACT
Amending the act of December 16, 1986 (P.L.1646, No.188),
entitled "An act providing for the licensing of chiropractors
and the regulation of the practice of chiropractic;
establishing the State Board of Chiropractic in the
Department of State and providing for its powers and duties;
providing for the supervision of colleges of chiropractic,
for the examination of applicants, for enforcement and for
disciplinary actions; providing penalties; and making
repeals," in preliminary provisions, further providing for
definitions; in licensure and regulation, further providing
for refusal, suspension or revocation of license; and, in
supportive personnel, further providing for supportive
personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of December 16, 1986
(P.L.1646, No.188), known as the Chiropractic Practice Act, is
amended by adding a definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Direct on-premises supervision." Oversight and personal
direction of, and responsibility for, the activities and duties
of the unlicensed supportive personnel by a licensed
chiropractor who is physically present in the facility and
immediately able to intervene personally when necessary. The
licensed chiropractor does not need to be present in the room
when the delegated activity or duty is performed.
* * *
Section 2. Section 506(a) of the act is amended by adding
paragraphs to read:
Section 506. Refusal, suspension or revocation of license.
(a) Reasons enumerated.--The board may refuse to issue a
license or may suspend or revoke a license for any of the
following reasons:
* * *
(20) Delegating an activity or duty to unlicensed
supportive personnel who is not qualified by documented
training, education or experience to perform the activity or
duty.
(21) Failing to exercise direct on-premises supervision
of unlicensed supportive personnel to whom the chiropractor
has delegated an activity or duty under section 601.
* * *
Section 3. Section 601 of the act is amended to read:
Section 601. Supportive personnel.
(a) General rule.--Nothing in this act shall prohibit a
licensed chiropractor from utilizing the assistance of
unlicensed supportive personnel performing under the direct on-
premises supervision of a licensed chiropractor, provided that a
chiropractor may not delegate any activity or duty to such
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unlicensed individuals which requires formal education or
training in the practice of chiropractic or the knowledge and
skill of a licensed chiropractor.
(b) Delegation.--A licensed chiropractor may not delegate to
unlicensed supportive personnel an activity or duty unless the
chiropractor is assured through personal observation and
documented training that the unlicensed supportive personnel is
competent and qualified to perform the delegated activity or
duty.
(c) Adjunctive procedures.--A licensed chiropractor who is
certified to use adjunctive procedures may delegate to
unlicensed supportive personnel the performance of adjunctive
procedures, including therapeutic exercises, provided the
performance:
(1) is under the direct on-premises supervision of the
chiropractor; and
(2) is pursuant to an order from the chiropractor. The
order for therapeutic exercises shall be in writing and shall
define the exercises and activities and how they are to be
performed.
Section 4. This act shall take effect in 60 days.
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