H. B. 3054


(By Mr. Speaker, Mr. Kiss, and Delegates

Beane, Kuhn, Long, Mahan and G. White)

[Introduced February 19, 2003 ; referred to the

Committee on Health and Human Resources then 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 allowing properly qualified chiropractors to engage in rehabilitative therapy.

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, physiotherapeutic rehabilitative modalities, physical therapy and physical therapy rehabilitative procedures and rehabilitative 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 allow properly qualified chiropractors to engage in the use of rehabilitative therapies, procedures, techniques and devices.

 Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.