Bill Summary – FastDemocracy

PRINTER'S NO.   1231
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1106
                                                Session of
                                                  2025
     INTRODUCED BY BOROWSKI, BRENNAN, CERRATO, FREEMAN, GIRAL, HILL-
        EVANS, JAMES, LAWRENCE, MADDEN, MALAGARI, MALONEY, MULLINS,
        O'MARA, PIELLI, SANCHEZ, RADER, SCHMITT, STRUZZI, PICKETT,
        BENNINGHOFF, KAUFFMAN, E. NELSON, GILLEN AND WEBSTER,
        APRIL 3, 2025
     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 3, 2025
                                    AN ACT
 Amending the act of December 16, 1986 (P.L.1646, No.188),
    entitled "An act providing for the licensing of chiropractors
    and the regulation of the practice of chiropractic;
    establishing the State Board of Chiropractic in the
    Department of State and providing for its powers and duties;
    providing for the supervision of colleges of chiropractic,
    for the examination of applicants, for enforcement and for
    disciplinary actions; providing penalties; and making
    repeals," providing for certified chiropractic assistants; in
    supportive personnel, further providing for supportive
    personnel; and making an editorial change.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The act of December 16, 1986 (P.L.1646, No.188),
 known as the Chiropractic Practice Act, is amended by adding a
 chapter to read:
                              CHAPTER 5-A
                   CERTIFIED CHIROPRACTIC ASSISTANTS
 Section 501-A.    Chiropractic assistant certifications.
    (a)   Eligibility.--To be eligible for certification by the
 board as a chiropractic assistant, an applicant shall:
          (1)   be at least 18 years of age unless otherwise
    determined by the board;
          (2)   possess a high school diploma or its equivalent;
          (3)   prove to the satisfaction of the board that the
    individual is of good moral character and is not unfit or
    unable to practice as a chiropractic assistant by reason of
    physical or mental impairment. In assessing the moral
    character of an individual with a criminal conviction, the
    board shall conduct an individualized assessment in
    accordance with 63 Pa.C.S. § 3113 (relating to consideration
    of criminal convictions);
          (4)   be a graduate of a nationally recognized
    chiropractic assistant program approved by the board; and
          (5)   successfully pass an examination approved by the
    board, subject to rules and regulations established by the
    board and administered in accordance with section 812.1 of
    the act of April 9, 1929 (P.L.177, No.175), known as The
    Administrative Code of 1929. An applicant may not be
    certified as a certified chiropractic assistant unless the
    applicant has attained passing scores on the examination
    under this paragraph as published prior to the administration
    of the examination.
    (b)   Temporary certification.--Upon the submission of an
 application for certification as a chiropractic assistant as
 provided by the board, the board shall issue a temporary
 certificate to the applicant who meets the requirements under
 subsection (a)(1) and (4) and is eligible to take the
 examination under subsection (a)(5). The board shall issue only
 one temporary certificate under this subsection to an applicant.
 A temporary certificate under this subsection shall expire upon
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 the applicant's failure of the first examination under
 subsection (a)(5), or six months after the date of issuance of
 the temporary certificate, whichever occurs first. Issuance of a
 temporary certificate under this subsection shall permit the
 applicant to engage in the practice of chiropractic assistance
 only while under the direct on-premises supervision of a
 licensed chiropractor. Upon the expiration of a temporary
 certificate under this subsection, the applicant shall promptly
 return the temporary certificate to the board.
    (c)   Second examination.--If an applicant fails the first
 examination under subsection (a)(5), the applicant for
 certification, after the expiration of 60 days from the date of
 the first examination and no later than one year after the first
 examination, shall have the opportunity to take the examination
 a second time. The board may adopt regulations governing the
 eligibility of applicants who have failed to pass two
 examinations under subsection (a)(5) in order to be admitted to
 subsequent examinations.
    (d)   Use of title.--Only an individual who has been properly
 certified as a chiropractic assistant with the board, in
 accordance with this chapter and the rules and regulations
 promulgated by the board, shall assist a licensed chiropractor
 as a certified chiropractic assistant and use the title
 "certified chiropractic assistant" and the abbreviation "CCA."
    (e)   Actions.--The board shall issue, renew, revoke or
 suspend the certification of a chiropractic assistant in
 accordance with the rules and regulations promulgated by the
 board. All actions of the board under this subsection shall be
 taken subject to the right of notice, hearing and adjudication
 and the right of appeal in accordance with 2 Pa.C.S. (relating
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 to administrative law and procedure).
    (f)     Reinstatement.--Unless ordered by a court of competent
 jurisdiction, the board shall not reinstate the certification of
 an individual to practice as a chiropractic assistant that has
 been revoked under subsection (e). The individual may apply for
 certification as a chiropractic assistant after five years have
 elapsed since the date of revocation in accordance with this
 chapter.
    (g)     Renewals.--For each certificate renewal, a chiropractic
 assistant shall complete within the preceding two-year period at
 least 16 hours of continuing chiropractic education, including
 eight hours of in-person learning, as approved by the board in
 accordance with standards and criteria established by the board
 by rules and regulations. A certified chiropractic assistant
 shall provide the board with evidence of the completion of the
 continuing chiropractic education under this subsection. The
 board's rules and regulations shall remain in effect until such
 time as the board establishes by regulations, standards and
 criteria relating to continuing chiropractic education for
 certified chiropractic assistants.
 Section 502-A.    Performance of chiropractic acts and services.
    (a)     Supervision.--While providing assistance to a licensed
 chiropractor, a certified chiropractic assistant shall only
 perform patient-related chiropractic acts and services that are
 assigned or delegated by and under the direct on-premises
 supervision of a licensed chiropractor.
    (b)     Scope.--A certified chiropractic assistant may provide,
 demonstrate, administer or observe therapeutic exercise under
 the direct on-premises supervision of a licensed chiropractor. A
 certified chiropractic assistant may not perform evaluations,
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 adjustments, test interpretations, other therapeutic procedures
 or the planning or modification of a plan of care for a patient.
    (c)     Responsibility.--A licensed chiropractor shall be
 responsible for the performance of acts and services by a
 certified chiropractic assistant. In all practice settings, the
 initial patient contact shall be made by a licensed chiropractor
 for evaluation of the patient and establishment of a plan of
 care.
    (d)     Consultation.--A certified chiropractic assistant shall
 consult with the supervising licensed chiropractor in the event
 of a change in the patient's condition that may require the
 assessment of a licensed chiropractor.
    (e)     Limitation.--A licensed chiropractor shall not supervise
 more than three certified chiropractic assistants at any time.
 If there is a change of the licensed chiropractor supervising a
 certified chiropractic assistant, the succeeding licensed
 chiropractor shall be responsible for the ongoing supervision of
 the certified chiropractic assistant and shall be considered the
 supervising licensed chiropractor for the purpose of this
 section.
    (f)     Definitions.--As used in this section, the term
 "therapeutic exercise" shall mean a therapeutic procedure of
 using exercise to develop strength, endurance, range of motion
 and flexibility.
    Section 2.    Chapter 6 heading and section 601 of the act are
 amended to read:
                               CHAPTER 6
             UNLICENSED OR UNCERTIFIED SUPPORTIVE PERSONNEL
 Section 601.    Supportive personnel.
    (a)     Construction.--Nothing in this act shall prohibit a
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 licensed chiropractor from utilizing the assistance of
 unlicensed or uncertified supportive personnel performing under
 the direct on-premises supervision of a licensed chiropractor,
 provided that a chiropractor may not delegate any activity or
 duty to such unlicensed or uncertified individuals which
 requires formal education or training in the practice of
 chiropractic or the knowledge and skill of a licensed
 chiropractor.
    (b)   Definitions.--As used in this section, the term "direct
 on-premises supervision" shall mean supervision conducted while
 being physically present in the office suite or facility, but
 not necessarily in the same room and immediately available.
    Section 3.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 1231: P.L.1646, No.188