PRINTER'S NO. 2152
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 630
Session of
2023
INTRODUCED BY LAWRENCE, OCTOBER 17, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 17, 2023
AN ACT
1 Amending the act of December 16, 1986 (P.L.1646, No.188),
2 entitled "An act providing for the licensing of chiropractors
3 and the regulation of the practice of chiropractic;
4 establishing the State Board of Chiropractic in the
5 Department of State and providing for its powers and duties;
6 providing for the supervision of colleges of chiropractic,
7 for the examination of applicants, for enforcement and for
8 disciplinary actions; providing penalties; and making
9 repeals," providing for certified chiropractic assistants; in
10 supportive personnel, further providing for supportive
11 personnel; and making an editorial change.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of December 16, 1986 (P.L.1646, No.188),
15 known as the Chiropractic Practice Act, is amended by adding a
16 chapter to read:
17 CHAPTER 5-A
18 CERTIFIED CHIROPRACTIC ASSISTANTS
19 Section 501-A. Chiropractic assistant certifications.
20 (a) Eligibility.--To be eligible for certification by the
21 board as a chiropractic assistant, an applicant shall:
22 (1) be at least 18 years of age unless otherwise
1 determined by the board;
2 (2) possess a high school diploma or its equivalent;
3 (3) prove to the satisfaction of the board that the
4 individual is of good moral character and is not unfit or
5 unable to practice as a chiropractic assistant by reason of
6 physical or mental impairment. In assessing the moral
7 character of an individual with a criminal conviction, the
8 board shall conduct an individualized assessment in
9 accordance with 63 Pa.C.S. ยง 3113 (relating to consideration
10 of criminal convictions);
11 (4) successfully complete a 100-hour course of
12 instruction from a board-approved program. An applicant who
13 has received a degree from an accredited institution of
14 higher education in exercise physiology, sport and exercise
15 science, kinesiology or other similar degree approved by the
16 board shall be deemed to satisfy the 100-hour course of
17 instruction requirement under this paragraph; and
18 (5) successfully pass an examination approved by the
19 board, subject to rules and regulations established by the
20 board and administered in accordance with section 812.1 of
21 the act of April 9, 1929 (P.L.177, No.175), known as The
22 Administrative Code of 1929. An applicant may not be
23 certified as a certified chiropractic assistant unless the
24 applicant has attained passing scores on the examination
25 under this paragraph as published prior to the administration
26 of the examination.
27 (b) Temporary certification.--Upon the submission of an
28 application for certification as a chiropractic assistant as
29 provided by the board, the board shall issue a temporary
30 certificate to the applicant who meets the requirements under
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1 subsection (a)(1) and (4) and is eligible to take the
2 examination under subsection (a)(5). The board shall issue only
3 one temporary certificate under this subsection to an applicant.
4 A temporary certificate under this subsection shall expire upon
5 the applicant's failure of the first examination under
6 subsection (a)(5), or six months after the date of issuance of
7 the temporary certificate, whichever occurs first. Issuance of a
8 temporary certificate under this subsection shall permit the
9 applicant to engage in the practice of chiropractic assistance
10 only while under the direct on-premises supervision of a
11 licensed chiropractor. Upon the expiration of a temporary
12 certificate under this subsection, the applicant shall promptly
13 return the temporary certificate to the board.
14 (c) Second examination.--If an applicant fails the first
15 examination under subsection (a)(5), the applicant for
16 certification, after the expiration of 60 days from the date of
17 the first examination and no later than one year after the first
18 examination, shall have the opportunity to take the examination
19 a second time. The board may adopt regulations governing the
20 eligibility of applicants who have failed to pass two
21 examinations under subsection (a)(5) in order to be admitted to
22 subsequent examinations.
23 (d) Use of title.--Only an individual who has been properly
24 certified as a chiropractic assistant with the board, in
25 accordance with this chapter and the rules and regulations
26 promulgated by the board, shall assist a licensed chiropractor
27 as a certified chiropractic assistant and use the title
28 "certified chiropractic assistant" and the abbreviation "CCA."
29 (e) Actions.--The board shall issue, renew, revoke or
30 suspend the certification of a chiropractic assistant in
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1 accordance with the rules and regulations promulgated by the
2 board. All actions of the board under this subsection shall be
3 taken subject to the right of notice, hearing and adjudication
4 and the right of appeal in accordance with 2 Pa.C.S. (relating
5 to administrative law and procedure).
6 (f) Reinstatement.--Unless ordered by a court of competent
7 jurisdiction, the board shall not reinstate the certification of
8 an individual to practice as a chiropractic assistant that has
9 been revoked under subsection (e). The individual may apply for
10 certification as a chiropractic assistant after five years have
11 elapsed since the date of revocation in accordance with this
12 chapter.
13 (g) Renewals.--For each certificate renewal, a chiropractic
14 assistant shall complete within the preceding two-year period at
15 least 16 hours of continuing chiropractic education, including
16 eight hours of in-person learning, as approved by the board in
17 accordance with standards and criteria established by the board
18 by rules and regulations. A certified chiropractic assistant
19 shall provide the board with evidence of the completion of the
20 continuing chiropractic education under this subsection. The
21 board's rules and regulations shall remain in effect until such
22 time as the board establishes by regulations, standards and
23 criteria relating to continuing chiropractic education for
24 certified chiropractic assistants.
25 Section 502-A. Performance of chiropractic acts and services.
26 (a) Supervision.--While providing assistance to a licensed
27 chiropractor, a certified chiropractic assistant shall only
28 perform patient-related chiropractic acts and services that are
29 assigned or delegated by and under the direct on-premises
30 supervision of a licensed chiropractor.
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1 (b) Scope.--A certified chiropractic assistant may provide,
2 demonstrate, administer or observe therapeutic exercise under
3 the direct on-premises supervision of a licensed chiropractor. A
4 certified chiropractic assistant may not perform evaluations,
5 adjustments, test interpretations, other therapeutic procedures
6 or the planning or modification of a plan of care for a patient.
7 (c) Responsibility.--A licensed chiropractor shall be
8 responsible for the performance of acts and services by a
9 certified chiropractic assistant. In all practice settings, the
10 initial patient contact shall be made by a licensed chiropractor
11 for evaluation of the patient and establishment of a plan of
12 care.
13 (d) Consultation.--A certified chiropractic assistant shall
14 consult with the supervising licensed chiropractor in the event
15 of a change in the patient's condition that may require the
16 assessment of a licensed chiropractor.
17 (e) Limitation.--A licensed chiropractor shall not supervise
18 more than three certified chiropractic assistants at any time.
19 If there is a change of the licensed chiropractor supervising a
20 certified chiropractic assistant, the succeeding licensed
21 chiropractor shall be responsible for the ongoing supervision of
22 the certified chiropractic assistant and shall be considered the
23 supervising licensed chiropractor for the purpose of this
24 section.
25 (f) Definitions.--As used in this section, the term
26 "therapeutic exercise" means a therapeutic procedure of using
27 exercise to develop strength, endurance, range of motion and
28 flexibility.
29 Section 2. Chapter 6 heading and section 601 of the act are
30 amended to read:
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1 CHAPTER 6
2 UNLICENSED OR UNCERTIFIED SUPPORTIVE PERSONNEL
3 Section 601. Supportive personnel.
4 (a) Construction.--Nothing in this act shall prohibit a
5 licensed chiropractor from utilizing the assistance of
6 unlicensed or uncertified supportive personnel performing under
7 the direct on-premises supervision of a licensed chiropractor,
8 provided that a chiropractor may not delegate any activity or
9 duty to such unlicensed or uncertified individuals which
10 requires formal education or training in the practice of
11 chiropractic or the knowledge and skill of a licensed
12 chiropractor.
13 (b) Definitions.--As used in this section, the term "direct
14 on-premises supervision" means supervision conducted while being
15 physically present in the office suite or facility, but not
16 necessarily in the same room and immediately available.
17 Section 3. This act shall take effect in 60 days.
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Statutes/Laws affected: Printer's No. 2152: P.L.1646, No.188