H.B. 313 Enrolled

CHIROPRACTIC PHYSICIAN PRACTICE ACT AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: J. Brent Haymond
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE SCOPE
OF PRACTICE OF A CHIROPRACTOR; ESTABLISHING CRIMINAL PENALTIES; AND
PERMITTING A CHIROPRACTIC ASSISTANT TO PERFORM SERVICES UNDER THE
SUPERVISION OF A LICENSED CHIROPRACTIC PHYSICIAN.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-73-102, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-73-301, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-73-304, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-73-601, as last amended by Chapters 247, 248 and renumbered and amended by Chapter
253 and last amended by Chapter 282, Laws of Utah 1996
ENACTS:
58-73-502, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-73-102 is amended to read:
58-73-102. Definitions.
(1) "Adjustment of the articulation of the spinal column" means performance by a
chiropractic physician by the use of passive movements directed toward the goal of restoring joints
to their proper physiological relationship of motion and related function, releasing adhesions, or
stimulating joint receptors using one or more of the following techniques:
(a) impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a nature
that the patient cannot prevent the motion, commencing where the motion encounters the elastic
barrier of resistance and ends at the limit of anatomical integrity;
(b) instrument adjusting, utilizing instruments specifically designed to deliver sudden, high
velocity, short amplitude thrust;

(c) light force adjusting utilizing sustained joint traction or applied directional pressure, or
both, which may be combined with passive motion to restore joint mobility; and
(d) long distance lever adjusting utilizing forces delivered at some distance from the
dysfunctional site and aimed at transmission through connected structures to accomplish joint
mobility.
(2) "Board" means the Chiropractic Physician Licensing Board created in Section 58-73-201 .
(3) "Chiropractic assistant" means a person who performs activities related to the practice
of chiropractic under the supervision of a licensed chiropractic physician in accordance with division
rule established in collaboration with the board.
(4) "Chiropractic physician" means a person who has been licensed under this chapter to
practice chiropractic.
(5) "Diagnosis of the articulation of the spinal column" means to examine the articulations
of the spinal column of another human to determine the source, nature, kind, or extent of a disease,
vertebral sublixation, or other physical condition, and to make a determination of the source, nature,
kind, or extent of a disease or other physical condition.
(6) "Elastic barrier" means the point at which the patient cannot move a joint by his own
means and through which movement is obtained or caused by a practitioner's skillful treatment using
the practitioner's hands in a manipulation of a joint by thrust of sudden, high velocity, short
amplitude so the patient cannot prevent the motion.
(7) "Incisive surgery" means any procedure having the power or quality of cutting of a
patient for the purpose of treating disease, injury, or deformity, and includes the use of laser.
(8) (a) "Manipulate the articulation of the spinal column" means use by a practitioner of a
skillful treatment using the practitioner's hands in a manipulation of a joint by thrust of sudden, high
velocity, short amplitude so the patient cannot prevent the motion. Movement of the joint is by force
beyond its active limit of motion.
(b) This manipulation commences where mobilization ends and specifically begins when
the elastic barrier of resistance is encountered and ends at the limit of anatomical integrity.
(c) Manipulation as described in this definition is directed to the goal of restoring joints to

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their proper physiological relationship of motion and related function, releasing adhesions, or
stimulating joint receptors.
[(3)] (9) "[Chiropractic] Practice of chiropractic" means a practice of a branch of the healing
arts:
(a) the purpose of which is to restore or maintain human health, in which patient care or first
aid, hygienic, nutritional, or rehabilitative procedures are administered; [and]
(b) which places emphasis upon specific vertebral adjustment, manipulation, and treatment
of the articulation and adjacent tissues of the spinal column, musculoskeletal structure of the body,
and nervous system;
(c) that involves examining, diagnosing, treating, correcting, or prescribing treatment for any
human disease, ailment, injury, infirmity, deformity, pain, or other condition, or the attempt to do
so, in accordance with Section 58-73-601 ; and
(d) that involves diagnosing, prescribing treatment, or making a determination of treatment
necessity for another person's condition by means of:
(i) a physical examination of the person; or
(ii) a determination based upon or derived from information supplied directly or indirectly
by a third person.
[(9)] (10) "Therapeutically position the articulation of the spinal column" means to adjust
or manipulate the articulation of the spinal column.
Section 2. Section 58-73-301 is amended to read:
58-73-301. Licensure required -- License classifications.
(1) A license is required to engage in the practice of chiropractic, except as specifically
provided in Section [ 58-1-307 or] 58-73-304 .
(2) The division shall issue to a person who qualifies under this chapter a license in the
classification of chiropractic physician.
Section 3. Section 58-73-304 is amended to read:
58-73-304. Exemptions from licensure.
[In addition to the exemptions from licensure in Section 58-1-307 , an intern-in-training in

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a chiropractic college or university may]
(1) Except as provided in Subsection (2), the exemptions from licensure set forth in Section
58-1-307 apply.
(2) With regard to Subsections 58-1-307 (1)(b) and (c), the only exemption from licensure
permitted is a preceptorship which may permit a student to engage in acts or practices included
within the definition of the practice of chiropractic, while:
[(1)] (a) performing the duties and activities which are part of the approved program of
education and training of [the] a college or university accredited by the Council on Chiropractic
Education; and
[(2)] (b) under a form of supervision approved by the division.
(3) In addition to the exemptions provided in Subsections (1) and (2), a chiropractic assistant
while working under the supervision of a licensed chiropractic physician is exempt from licensure
under this chapter to the extent the chiropractic assistant is engaged in tasks appropriately delegated
by the supervisor in accordance with the standards and ethics of the practice of chiropractic and
division rule established in collaboration with the board.
Section 4. Section 58-73-502 is enacted to read:
58-73-502. Unlawful conduct -- Penalties.
(1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
(a) buying, selling, or fraudulently obtaining any chiropractic diploma, license, certificate,
or registration;
(b) aiding or abetting the buying, selling, or fraudulently obtaining of any chiropractic
diploma, license, certificate, or registration; and
(c) substantially interfering with a licensee's lawful and competent practice of chiropractic
in accordance with this chapter.
(2) Any person who violates any provision of Subsection (1) is guilty of a third degree
felony.
Section 5. Section 58-73-601 is amended to read:
58-73-601. Scope of practice for a chiropractic physician.

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(1) A chiropractic physician licensed under this chapter may engage in the practice of
chiropractic as defined in Section 58-73-102 in accordance with the following standards.
(2) A chiropractic physician may:
(a) examine, diagnose, and treat only within the scope of chiropractic as described in this
Subsection (2);
(b) use x-ray for diagnostic purposes only;
(c) administer:
(i) physical agents, including light, heat, cold, water, air, sound, compression, electricity,
and electromagnetic radiation except gamma radiation; and
(ii) physical activities and devices, including:
(A) exercise with and without devices;
(B) joint mobilization;
(C) mechanical stimulation;
(D) postural drainage;
(E) traction;
(F) positioning;
(G) wound debridement, cleansing, and dressing changes;
(H) splinting;
(I) training in locomotion and other functional activities with and without assistance devices;
and
(J) correction of posture, body mechanics, and gait;
(d) administer the following topically applied medicinal agents, including steroids,
anesthetics, coolants, and analgesics for wound care and for musculoskeletal treatment, including
their use by iontophoresis or phonophoresis;
(e) treat pain incident to major or minor surgery, cancer, obstetrics, or x-ray therapy;
(f) utilize immobilizing appliances, casts, and supports for support purposes, but may not
set displaced bone fractures;
(g) inform the patient of possible side effects of medication and recommend referral to the

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prescribing practitioner;
(h) provide instruction in the use of physical measures, activities, and devices for preventive
and therapeutic purposes;
(i) provide consulting, educational, and other advisory services for the purposes of reducing
the incidence and severity of physical disability, movement dysfunctions, bodily malfunction, and
pain;
(j) treat a human being to assess, prevent, correct, alleviate, and limit physical disability,
movement dysfunction, bodily malfunction, and pain resulting from disorders, congenital and aging
conditions, injury, and disease; and
(k) administer, interpret, and evaluate tests.
(3) A chiropractic physician may not:
(a) perform incisive surgery;
(b) administer drugs or medicines for which an authorized prescription is required by law
except as provided in Subsection (2)(d);
(c) treat cancer;
(d) practice obstetrics;
(e) prescribe or administer x-ray therapy; or
(f) set displaced fractures.
(4) A chiropractic physician shall assume responsibility for his examinations, diagnoses, and
treatment.
(5) Nothing in this section authorizes a chiropractic physician to prescribe, possess for
dispensing, dispense, purchase without a prescription written by a licensed and authorized
practitioner, or administer, except under Subsection (2)(d), a drug requiring a prescription to
dispense, under Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter [17] 17a,
Pharmacy Practice Act.
(6) Only primary health care providers licensed under this title as osteopathic physicians,
physicians and surgeons, naturopaths, and chiropractic physicians, may diagnose, adjust, manipulate,
or therapeutically position the articulation of the spinal column to the extent permitted by their

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scopes of practice.

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