HB 415 – Update Chiropractic Laws

HB 415 – Update Chiropractic Laws

Primary House Sponsors: Rep. Mitchell Setzer (R-Catawba); Rep. Donny Lambeth (R-Forsyth); Rep. Terence Everitt (D-Wake); Rep. Timothy Moffitt (R-Henderson)

Summary

This bill makes several changes to the statutes regulating chiropractic licensure, including the following:

  • Adds new powers and duties of the NC State Board of Chiropractic Examiners.
  • Requires licensure applicants to comply with GS 90-143, which provides definitions of chiropractic and examinations and sets out educational requirements.
  • Authorizes the Board to order that any records concerning the practice of chiropractic and relevant to a Board complaint, inquiry, or investigation be produced by the custodian of the records to the Board for inspection.
  • Requires chiropractors/establishments employing licensed chiropractors to maintain records for at least 7 years from the date the chiropractor terminates services to the patient.
  • Requires cooperation with the Board’s inquiries or record investigations.
  • Deems all records collected and compiled by or on behalf of the board public records, with redaction or patient information as appropriate.
  • Deems records connected with certification, licensure, or disciplinary matters to not be public records.
  • Adds civil penalties to authorized sanctions the Board can impose.
  • Modifies disciplinary grounds to include engaging in any act or practice violative of the statutes governing licensed chiropractors or rules and regulations adopted by the Board, or aiding, abetting, or assisting another in the violation of the same.
  • Removes the following from grounds for discipline: (1) advertising services in a false or misleading manner; (2) unethical conduct; (3) not rendering acceptable care in the practice; (4) offering to waive a patient’s obligation to pay any insurer required deductible or copayment; (5) failing to honor a patient’s request for a copy of any claim form submitted to an insurer; (6) rebating funds received from the patient’s insurer; (7) advertising any free or reduced rate service without stating the usual service fee; (8) charging an insurer or third party a fee greater than the fee charged directly to patients or a fee greater than the advertised fee; (9) violating statutory law concerning collection or prohibited fees and/or statutory law concerning licensure limitations; and (10) committing an act demonstrating a lack of good moral character which would have been the basis of denying a license if committed before licensed.
  • Repeals GS 90-154.1, which governs prohibited practices related to fee collection.
  • Repeals GS 90-154.4, which prohibits chiropractors from offering enticements under certain conditions and prohibits certain specified marketing practices.
  • Modifies GS 90-154.3, which concerns the acceptable care in the practice of chiropractic, by removing the parameters provided for the Board in adopting rules that establish and define standards of acceptable care. Removed parameters include: (1) examination and diagnosis; (2) the use of chiropractic adjustive procedures; (3) physiological therapeutic agents; (4) diagnostic radiology; (5) the maintenance of patient records and (6) sanitation, safety, and the adequacy of clinical equipment.
  • Removes language stating that the standard of acceptable care shall be the usual and customary method as taught in the majority of recognized chiropractic colleges if the Board has not defined a standard of acceptable care by rule.

Movement

Filed – 3/25/2021

 
 

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