HOUSE BILL REPORT

SHB 1958

As Amended by the Senate

BYHouse Committee on State Government (originally sponsored by Representatives R. Fisher, Hankins, Anderson, R. King, McLean, Sayan and Morris)

Specifying chiropractic board membership requirements and clarifying the duties of board members.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, Rector, Sayan and Silver.

House Staff:Barbara McLain (786-7135)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

All chiropractors must be licensed to practice in Washington State.  The State Board of Chiropractic Examiners and the Chiropractic Disciplinary Board administer state requirements for the regulation of chiropractors.

The State Board of Chiropractic Examiners consists of five practicing chiropractors and one consumer member, all appointed by the Governor for three-year terms.  Board members must be residents of Washington State for at least five years prior to membership.  The Board of Examiners prepares and grades examinations for licensing, administers the continuing education requirement for license renewal, and grants accreditation to schools and colleges of chiropractic.

The Chiropractic Disciplinary Board consists of six practicing chiropractors and one member of the general public, appointed by the Governor for five-year terms.  The Disciplinary Board receives and investigates complaints on alleged violations of the Uniform Disciplinary Act for Health Professionals, reviews the complaints and investigations to determine probable cause, and determines disciplinary action.

SUMMARY:

The statutes defining the structure and responsibilities of the two state boards responsible for the state regulation of chiropractors are amended.

The State Board of Chiropractic Examiners.  Board members must be engaged in active, licensed practice of chiropractic in the state for five years prior to membership.  The term served by members is lengthened from three to five years, and they are not to serve more than two consecutive terms.  A quorum is defined as a simple majority of the Board.

Board members may be removed by the Governor for neglect of duty, misconduct, misfeasance or malfeasance.  Prior to removal, members must be notified of the charges, and must be given time for appeal.

The examination for a chiropractic license is expanded to include a practical examination in addition to the required written examination.  Also, the Board may authorize a qualified organization to administer the licensing examination.

For license renewal, proof is required of attending at least 25 hours of chiropractic symposia during the preceding 12-month period (changed from a three-year period).

The Board no longer approves all chiropractic symposia.  Instead, the Board is to set criteria for the course context of educational symposia, and the licensee must determine if the course content meets the criteria.

A license renewal fee is to be paid by the licensee's birth date, rather than September 1 each year.  Failure to pay the annual license renewal fee within 30 days of the due date will result in the forfeiture of the license.

Re-examination of licensees whose licenses have lapsed for over five years is now at the discretion of the Board.

Under current law, all licensed practitioners are to identify themselves with the title of "chiropractor" or "D.C.Ph.C."  Chiropractors may now list "other specialties recognized by national chiropractic accrediting agencies."

Inactive status for chiropractic licenses is created.  Chiropractors may put their license on inactive status, and are not to practice chiropractic unless the license is reactivated by rules developed by the Board.

The Chiropractic Disciplinary Board.  Members of the Chiropractic Disciplinary Board must now be Washington residents and licensed, practicing chiropractors in the state for at least five years prior to serving on the Board and during their tenure on the Board.  Board members are not to serve more than two consecutive terms.

A quorum is re-defined from five members to a simple majority.

EFFECT OF SENATE AMENDMENTS:  Technical changes:  (1) Board members may not serve more than two full terms; (2) oversight duties of the Examining Board for National Board testing are clarified; 93) subjects tested in the practical examination are made consistent with National Board requirements; (4) obsolete language is removed.

Policy changes:  (1) licensees must pass each subject tested by 75 percent (not 70 percent); (2) new language allowing chiropractors to list specialties after their title is removed; and (3) the compensation level of both Boards is increased from $50 per day to $100 per day.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Thomas Campbell, Doctor of Chiropractic; and Steven Bartusch, Board of Chiropractic Examiners.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The changes to the laws regulating chiropractors will enable the chiropractic boards to work more effectively and better protect the public well-being.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 91; Absent 4; Excused 3

Absent:     Representatives Jacobsen, P. King, R. King and Vekich.

Excused:    Representatives Brough, Holland and Wineberry.