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Current Status Bill Number:View additional legislative information at the LPITS web site.4272 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990630 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:l:\council\bills\nbd\11492som99.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Health care providers, Chiropractors, spinal manipulation or adjustments; Medical requirements History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990630 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-120 SO AS TO PROHIBIT A HEALTH CARE PROVIDER FROM PERFORMING A SPINAL ADJUSTMENT OR MANIPULATION UNLESS THE HEALTH CARE PROVIDER HAS MET THE MINIMUM REQUIREMENTS OF CLINICAL TRAINING AND CLASSROOM INSTRUCTION AS REQUIRED BY A CHIROPRACTIC ACCREDITING AGENCY, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-9-120. (A) A health care provider may not perform a spinal adjustment or spinal manipulation or permit, direct, or authorize any person under the health care provider's direct supervision to perform a spinal adjustment or spinal manipulation unless the health care provider has met the minimum requirements of clinical training and classroom instruction in spinal adjusting or spinal manipulation as required by a chiropractic accrediting agency.
(B) A health care provider who performs a spinal adjustment or spinal manipulation, without the training described in subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than five years, or both.
(C) For the purposes of this section, 'adjustment' refers to a wide variety of specific manual and mechanical interventions which may be high or low velocity, short or long lever, high or low amplitude, or with or without recoil. Procedures are directed at specific joints or anatomic regions. An adjustment may or may not involve cavitation or gapping of a joint. The common denominator for the various adjustive interventions is the reduction or correction of the vertebral subluxation. A vertebral subluxation is a loss of the proper juxtaposition of one or more articulations of the spinal column or its immediate weight-bearing articulations, to a degree less than a luxation, which causes an alteration of nerve function and interference to the transmission of mental and sensory impulses. The use of the phrase 'vertebral subluxation' must not be confused with the term's anatomic usage which considers only anatomic relationships.
(D) For purposes of this section, 'manipulation' means a passive movement of low amplitude and high velocity which moves the joint into the paraphysiologic range. This is accompanied by cavitation or gapping of a joint which results in an intrasynovial vacuum phenomenon thought to involve gas separation from fluid. Usually accompanied by an audible noise, manipulation has been shown to result in increased joint motion compared to mobilization alone. This increase in motion has a refractory period during which an additional cavitation of the same joint will not occur. Manipulation is a passive dynamic thrust that causes cavitation and increases the joint's range of motion, or a maneuver employing long levers for the active, passive, and resistive movement of the body without the use of a dynamic thrust. Manipulation does not include the orthopedic reduction of fractures and dislocations or joint mobilization in which no dynamic thrust is used and the patient's joint is not moved into the paraphysiologic range."
SECTION 2. This act takes effect upon approval by the Governor.
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