H. B. 4554
(By Mr. Speaker, Mr. Kiss, and Delegates
Cann, Compton and Leach)
[Introduced February 16, 2000; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eighteen, article sixteen,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
chiropractor scope of practice.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article sixteen, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 16. CHIROPRACTORS.
§30-16-18. Scope of practice; chiropractic assistants; expert
testimony.
(a) Any chiropractor who has complied with the provisions of
this article may use any instrument or procedure, for the purpose of diagnosis and analysis of disease or abnormalities: Provided,
That the person is trained to perform the procedures and use the
instruments through a chiropractic college approved by the
counsel on chiropractic education or its successor. Any
chiropractor properly qualified under this article may engage in
the use of physiotherapeutic devices and physiotherapeutic
modalities physical therapy and physical therapy techniques.
Licensed chiropractors may also employ properly trained
chiropractic assistants to perform duties under supervision that
are generally conducted by chiropractic assistants which are not
otherwise prohibited by the board. The board shall propose and
promulgate rules in accordance with the provisions governing
legislative rules, contained in article three, chapter
twenty-nine-a of this code governing chiropractic assistants,
including, but not limited to, minimum qualifications, scope of
practice, and supervision requirements. A licensed chiropractor
may not engage in conduct outside this scope and beyond his or
her training and knowledge.
(b) A doctor of chiropractic duly licensed under this
article is presumed to be competent to testify before the circuit
courts of this state or in any other state administrative proceeding as an expert witness.
NOTE: The purpose of this bill is to remove physical therapy
as a technique authorized under chiropractic licensure.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.