HB-5759, As Passed House, December 3, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5759

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 16401 (MCL 333.16401), as amended by 2002 PA

734.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16401. (1) As used in this part:

     (a) "Chiropractor", "chiropractic physician", "doctor of

chiropractic", or "d.c." means an individual licensed under this

article to engage in the practice of chiropractic.

     (b) "Musculoskeletal system" means the system of muscles,

tendons, ligaments, bones, joints, and associated tissues that

moves the body and maintains its form.

(c) (b) "Practice of chiropractic" means that discipline

within the healing arts which that deals with the human nervous

system and its relationship to the spinal column and its the

musculoskeletal system and their interrelationship with other body

systems. Practice of chiropractic includes the following:

     (i) Diagnosis, including spinal analysis, to determine the

existence of spinal subluxations or misalignments that produce

nerve interference, indicating the necessity for chiropractic care.

The diagnosis of human conditions and neuromuscular and skeletal

disorders related to subluxations, misalignments, and joint

dysfunctions for the purpose of detecting and correcting those

disorders or offering advice to seek treatment from other health

professionals in order to restore and maintain health.

     (ii) The evaluation of conditions or symptoms related to

misalignments, subluxations, and joint dysfunction through physical

examination, the taking and reviewing of patient health

information, the performance or ordering of tests, and the use of

x-ray or other imaging technology. The performance or ordering of

tests and the use of x-ray or other imaging technology in the

practice of chiropractic is regulated by rules promulgated under

section 16423.

(iii) (ii) A The chiropractic adjustment of spinal subluxations,

or misalignments, and joint dysfunction and the treatment of

related bones and tissues for the establishment of neural integrity

utilizing the inherent recuperative powers of the body for

restoration and maintenance of health and structural stability.

(iv) (iii) The use of physical measures, analytical instruments,

nutritional advice, rehabilitative exercise, and adjustment

apparatus regulated by rules promulgated by the board pursuant to

House Bill No. 5759 (H-3) as amended December 3, 2008

under section 16423. , and the use of x-ray machines in the

examination of patients for the purpose of locating spinal

subluxations or misaligned vertebrae of the human spine.

     (2) The practice of chiropractic does not include the any of

the following:

     (i) The performance of incisive surgical procedures, the

performance of an invasive procedure requiring instrumentation, or

the any procedure that cuts or punctures the skin.

     (ii) The dispensing or prescribing of drugs or medicine.

     (iii) Except for diagnostic purposes only, the use of x-ray.

[(iv) THE PERFORMANCE OF AN INVASIVE PROCEDURE INVOLVING A BODY ORIFICE OR CAVITY THAT IS NOT PART OF OR RELATED TO A PROCEDURE OR TEST ALLOWED BY RULES PROMULGATED UNDER SECTION 16423.]

(3) (2) In addition to the definitions in this part, article 1

contains general definitions and principles of construction

applicable to all articles in this code and part 161 contains

definitions applicable to this part.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) House Bill No. 6201.

     (b) House Bill No. 6407.

     (c) House Bill No. 6408.

     (d) House Bill No. 6409.

     (e) House Bill No. 6410.

     (f) House Bill No. 6411.