SENATE BILL REPORT

SHB 1958

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

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):March 29, 1989; March 30, 1989

Majority Report:  Do pass as amended.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Kreidler, Niemi.

Senate Staff:Scott Plack (786-7409)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, MARCH 30, 1989

BACKGROUND:

The State Board of Chiropractic Examiners and the Chiropractic Disciplinary Board regulate the practice of chiropractic in the state.

The 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, 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.  Applicants must have an average score of 75 percent on all subjects to pass.  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 three 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.

Compensation for members' travel expenses is to be paid from the health professions account instead of the state general fund.

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENTS: 

It is clarified that board members may not serve more than two full terms.  Reimbursement for travel is increased from $50 to $100 per day for board members attending board meetings.

Statutory language is changed to make subject areas in the practical examination consistent with subjected areas mandated by the statutes.  Language is removed pertaining to allowing the examining board to permit other organizations to administer the competency examination.  It is replaced with language allowing the board to enact requirements for testing administered by the National Board of Chiropractic Examiners.  Passage of the exam requires a score of 75 percent on each subject area.  Language is removed allowing chiropractors to list their specialities when advertising.  Outdated language is removed.

The position of secretary of the Disciplinary Board is removed from the board.

Senate Committee - Testified: Marc Graham, D.C., FSCO of Washington (con); William H. Lucas, D.C., Chiropractor Society of Washington (pro); Thomas Cays, D/D.C., RAC-PAC/WCA (pro); Laurin McElheran, D.C., WCA (pro)