Date: 01/28/2009

Final
Sunset Review of the Bd. of Chiropractic Examiners

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment C), as
Amend prepared amendment L.001 (Attachment C), pag
Amend the draft bill, page 6, lines 9 through 22,
Amend the draft bill, pages 4 and 5, strike sectio
Having voted on the prevailing side, Senator Mitch
Introduce the draft bill (Attachment B), as amende
PASS
Pass Without Objection
Pass Without Objection
Pass Without Objection
TIE
PASS



09:36 AM -- Sunset Review of the Bd. of Chiropractic Examiners

Bruce Harrelson, Department of Regulatory Agencies (DORA), reviewed the DORA sunset review of the Board of Chiropractic Examiners (Attachment A). He discussed the practice of chiropractic and the regulation of the practice by DORA. He reviewed the recommendations of the DORA sunset review, which include:

09SenateHHS0128AttachA.pdf

He stated that there have been discussions related to provisions of the bill that modify the definition of acupuncture and stated there may be an amendment to address these concerns. A draft bill containing the DORA recommendations was distributed to the committee (Attachment B), as well as amendment L.001 (Attachment C).

09SenateHHS0128AttachB.pdf 09SenateHHS0128AttachC.pdf

09:47 AM --
Leo Boyle, Colorado Veterinary Medical Association and Acupuncture Association of Colorado, testified regarding amendment L.001 (Attachment C), stating that the amendment represents a compromise between both groups he represents and the Colorado Chiropractic Association. Mr. Boyle discussed the requirements for individuals who practice acupuncture. He stated that there is a difference in requirements for chiropractors who practice acupuncture and acupuncturists who practice oriental medicine, but that the definition contained in the bill does not make a distinction. He stated that the amendment will remove that definition in favor of the definition which currently is contained in the chiropractic act which does make the appropriate distinction between the different types of acupuncture. Mr. Boyle noted that the amendment also contains language related to the use of chiropractic techniques on animals.

09:51 AM --
Dr. Jed Rogers, Colorado Veterinary Medical Association, stated that there are chiropractors practicing on animals, and that there are not enough veterinarians to meet the demand. He stated that the Veterinary Medical Association would like to collaborate with chiropractors to ensure that the demand is met in an appropriate manner. He testified in support of amendment L.001, stating the amendment was a result of collaboration between chiropractors and veterinarians. He noted that currently when nonveterinarians engage in the treatment of animals, they are breaking the law. He stated that the two associations worked together to create education, scope of practice, and disciplinary requirements for chiropractors to treat animals, which are specified in amendment L.001. Dr. Rogers responded to questions from Senator Schultheis regarding certain practices that were not included in the definition of animal chiropractic. He responded to additional questions from Senator Tochtrop regarding whether the practice of animal chiropractic was limited to horses and dogs, stating that it is limited because the animal chiropractic training currently available is only for horses and dogs.

09:59 AM --
Ralph Johnson, Colorado Veterinary Medical Association, offered to respond to committee questions.

09:59 AM --
Leo Boyle, responded to questions from Senator Newell regarding the required number of training hours for acupuncturists. Senator Newell and Mr. Boyle discussed the definition of acupuncture contained in the amendment. Senator Boyd clarified that the amendment returns the definition of acupuncture to the one that currently exists in the statutes governing chiropractors. Senator Lundberg asked for clarification regarding the list of exclusions from the list of animal chiropractic, and how the amendment interacts with the veterinary practice act. Dr. Rogers responded to questions from Senator Mitchell regarding whether consumers will face more barriers seeking chiropractic care for their animals as a result of the amendment. A letter was distributed to the committee (Attachment D).

09SenateHHS0128AttachD.pdf

10:12 AM --
Terry Snyder, Colorado Chiropractic Association, testified that the Colorado Chiropractic Association is satisfied with the compromise represented in L.001.

10:16 AM --
Dr. Ben Vernon, Colorado Medical Association, testified regarding the portion of the bill that the removes statutory language specifying that chiropractic does not include colonic irrigation. A copy of his testimony was distributed to the committee (Attachment E). Senator Mitchell and Dr. Vernon discussed medical problems associated with colonic irrigation. Senator Carroll suggested that some of the existing statutory language regarding colonic irrigation be restored in the draft bill.

10:25 AM --
Mr. Harrelson returned to the table to address Senator Carroll's suggested amendment to the draft bill, stating that the suggestion was a reasonable compromise. He stated that he didn't know of any problems with chiropractors practicing colonic irrigation, and that the practice of colonic irrigation is unregulated. He responded to questions from Senator Schultheis regarding amendment L.001 and whether or not the language of the amendment would allow for insurance coverage of chiropractic care for animals. Mr. Harrelson stated that DORA had just received the amendment and couldn't comment on that issue at this time.


10:31 AM

Tom Morris, Office of Legislative Legal Services, discussed an amendment to L.001 (Attachment C). He stated that the amendment inadvertently applied the requirement that a chiropractor receive veterinary medical clearance prior to performing animal chiropractic to only chiropractors who have not registered pursuant to the bill. He stated that the intent was that the requirement for veterinary medical clearance apply to both registered and unregistered chiropractors. He walked the committee through the amendment.
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:32:59 AM
MOVED:Tochtrop
MOTION:Amend prepared amendment L.001 (Attachment C), page 4, line 19, to clarify that both registered and unregistered chiropractors must receive veterinary medical clearance to perform animal chiropractic. The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:35:35 AM
MOVED:Tochtrop
MOTION:Adopt prepared amendment L.001 (Attachment C), as amended. The motion passed on a 6-2 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Not Final YES: 6 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:38 AM

Senator Carroll moved to restore the language of the bill that provides that treating a patient by colonic irrigation is grounds for discipline of a chiropractor. Tom Morris, Office of Legislative Legal Services, returned to the table to clarify Senator Carroll's motion.
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:37:36 AM
MOVED:Carroll M.
MOTION:Amend the draft bill, pages 4 and 5, strike section 6 of the bill. The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


10:41 AM

Tom Morris, Office of Legislative Legal Services, responded to committee questions regarding an amendment to clarify the levels of fines that may be assessed by the Board of Chiropractic Examiners.
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:42:07 AM
MOVED:Boyd
MOTION:Amend the draft bill, page 6, lines 9 through 22, allowing the drafter to draft language to set floor of $1,000 and a ceiling of $5,000 for fines assessed by the Board of Chiropractic Examiners, with a graduated schedule for subsequent violations, specified in statute, with the specific fine levels to be determined by DORA. The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:46:29 AM
MOVED:Boyd
MOTION:Introduce the draft bill (Attachment B), as amended. The motion passed on a 7-1 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Not Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:47 AM

Senator Boyd noted that she will be the prime sponsor of the bill. Senator Tochtrop and Senator Newell were added as cosponsors. Senator Lundberg asked to change his vote on the bill. Senator Boyd noted that a motion to reconsider was necessary. Senator Lundberg stated that wasn't necessary, and his vote could stand as originally recorded.
BILL:Sunset Review of the Bd. of Chiropractic Examiners
TIME: 10:47:53 AM
MOVED:Mitchell
MOTION:Having voted on the prevailing side, Senator Mitchell moved to reconsider the previous vote to recommend that the draft bill be introduced, as amended. The motion was withdrawn.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn