SENATE BILL REPORT

SB 5969

BYSenators Kreidler, Kiskaddon and Zimmerman

Establishing the chiropractic practice board.

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 4, 1987

Senate Staff:Barbara Howard (786-7410); Walt Corneille (786-7452)

AS OF MARCH 3, 1987

BACKGROUND:

Under the Washington Sunset Act, the Chiropractic Disciplinary Board is scheduled for termination June 30, 1987.  As required, the Legislative Budget Committee (LBC) conducted a review of the need for continued licensure of chiropractors, with emphasis on the structure and operations of chiropractic regulation, complaint process, and public and professional participation, as well as the need for continuing the Chiropractic Disciplinary Board as an entity separate from the Chiropractic Examining Board.

LBC concluded that there is little justification for the continued separation of chiropractic regulatory functions between two boards, and recommended that the Legislature consider merging the two entities.  The Department of Licensing (DOL) concurred with that recommendation.  In its review, the Office of Financial Management (OFM) specifically recommended merger.

SUMMARY:

The Chiropractic Practice Board is created, consisting of 13 practicing doctors of chiropractic and two members of the public. Members are appointed by the Director of Licensing.  Each professional chiropractic members must hold a bachelor's degree, and have graduated from an accredited chiropractic college, as well as having passed the national examiners boards I and II and been engaged in active licensed practice for at least three years.  Members from the public may not practice an occupation in the field of health administration or providing health services, may not have a fiduciary obligation to any health agency, nor have any material financial interest in rendering health services.  Members are appointed for three-year terms.  The Director of DOL may appoint temporary members to serve with the Board in the absence of regular board members or in the case of increased workload.

The Board must divide itself into at least three subcommittees: (1) the Disciplinary Subcommittee, whose responsibility is to administer the disciplinary functions for the profession and the provisions of the Uniform Disciplinary Act; (2) the Examining and Education Subcommittee, which is responsible for the licensing, examination and education duties with respect to chiropractic; and (3) the Peer Review and Utilization Subcommittee.  Each subcommittee consists of four chiropractor members and one public member of the Board.  All final decisions shall be made by the full Board, but seven members constitute a quorum for conducting business.

Among the responsibilities of the Peer Review Subcommittee are reviewing the fees of licensed doctors of chiropractic to regulate the cost of chiropractic health care, and, if requested by the Board, to advise the Board as to the appropriateness of services and fees rendered by chiropractors.  The Subcommittee is authorized to charge a fee of not more than $50 for each review. The Board establishes criteria for screening requests for peer review upon an inquiry from a patient, the patient's representative or another chiropractor, regarding whether services rendered or whether the cost of treatment were appropriate.

The Director of DOL, members of the Board, and individuals acting on their behalf are immune from suit in any civil or criminal action based upon acts performed in the course of their duties.  Several other provisions of the laws relating to chiropractic are amended to conform.  The Chiropractic Disciplinary Board is abolished, and the sunset provisions relating to it are repealed.

Fiscal Note:      requested

Effective Date:The bill contains an emergency clause and takes effect June 30, 1987.