Texas 2021 - 87th Regular

Texas House Bill HB1270 Latest Draft

Bill / Introduced Version Filed 01/21/2021

                            87R2554 KKR-F
 By: Stephenson H.B. No. 1270


 A BILL TO BE ENTITLED
 AN ACT
 relating to the practice of chiropractic.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 201.002(a), Occupations Code, is amended
 by adding Subdivision (3-a) to read as follows:
 (3-a)  "Neuromusculoskeletal system" means the
 musculoskeletal and nervous systems in relation to disorders that
 manifest in both systems, including disorders of a biomechanical or
 functional nature.
 SECTION 2.  Section 201.002(b), Occupations Code, is amended
 to read as follows:
 (b)  A person practices chiropractic under this chapter if
 the person:
 (1)  uses objective or subjective means to diagnose,
 analyze, examine, or evaluate the biomechanical condition of the
 spine and neuromusculoskeletal [musculoskeletal] system of the
 human body;
 (2)  performs nonsurgical, nonincisive procedures,
 including adjustment and manipulation, to improve the subluxation
 complex or the biomechanics of the neuromusculoskeletal
 [musculoskeletal] system;
 (3)  represents to the public that the person is a
 chiropractor; or
 (4)  uses the term "chiropractor," "chiropractic,"
 "doctor of chiropractic," "D.C.," or any derivative of those terms
 or initials in connection with the person's name.
 SECTION 3.  Section 201.003, Occupations Code, is amended by
 adding Subsection (b-1) to read as follows:
 (b-1)  This chapter does not permit the unauthorized
 practice of medicine.
 SECTION 4.  The amendments made by this Act are a
 clarification of existing law in light of ongoing litigation over
 whether any part of the nervous system is within the scope of
 chiropractic and do not imply that existing law may be construed as
 inconsistent with the law as amended by this Act.
 SECTION 5.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2021.