2001 Montana Legislature

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SENATE BILL NO. 202

INTRODUCED BY E. BUTCHER



A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING LICENSED CHIROPRACTORS TO PRACTICE ANIMAL CHIROPRACTICS; REQUIRING A CHIROPRACTOR WHO WISHES TO PROVIDE CHIROPRACTIC SERVICES TO ANIMALS TO COMPLETE A RECOGNIZED ANIMAL CHIROPRACTIC CERTIFICATION PROGRAM; REQUIRING A CHIROPRACTOR TO INFORM THE BOARD OF CHIROPRACTORS AND THE BOARD OF VETERINARY MEDICINE OF THE CHIROPRACTOR'S INTENT TO PRACTICE ANIMAL CHIROPRACTIC SERVICES; AMENDING SECTIONS 37-12-104 AND 37-18-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 37-12-104, MCA, is amended to read:

     "37-12-104.  Rights and limitations governing practice. (1) Chiropractors licensed under this chapter shall have the right to practice that science defined as chiropractic under 37-12-101 in accordance with the method, thought, and practice of chiropractors, and they shall must be permitted to use the prefix "Dr." or "Doctor" as a title but shall may not in any way imply that they are medical doctors, osteopaths, or surgeons. They Chiropractors shall may not prescribe for or administer to any person or animal any medicine or drugs or practice medicine or surgery or osteopathy, except that the use of antiseptics for purposes of sanitation and hygiene and to prevent infection and contagion shall be is permitted.

     (2)  Licensed chiropractors may diagnose, palpate, and treat the human body by the application of manipulative, manual, mechanical, and dietetic methods, including chiropractic physiotherapy, the use of supportive appliances, analytical instruments, and diagnostic x-ray in accordance with guidelines promulgated or approved by state or federal health regulatory agencies.

     (3) (a) Licensed chiropractors may diagnose, palpate, and treat animals by the application of manipulative, manual, mechanical, and dietetic methods, including chiropractic physiotherapy, the use of supportive appliances, analytical instruments, and diagnostic x-ray in accordance with guidelines promulgated or approved by state or federal health regulatory agencies.

     (b) Before providing chiropractic services to animals, a licensed chiropractor shall complete a recognized animal chiropractic certification program. A chiropractor shall notify the board and the board of veterinary medicine, provided for in 2-15-1852, of the chiropractor's intent to practice animal chiropractic services and provide the board with appropriate information showing certification in animal chiropractic services.

     (c) This subsection (3) may not be construed to allow a chiropractor to prescribe medication or practice veterinary medicine as defined in 37-18-102."



     Section 2.  Section 37-18-102, MCA, is amended to read:

     "37-18-102.  Veterinary medicine defined. (1) A person is considered to be practicing veterinary medicine when he the person does any of the following:

     (a)  represents himself as to the public that the person is practicing veterinary medicine or is engaged in the practice of practices veterinary medicine in any of its branches, either directly or indirectly;

     (b)  uses words, titles, or letters in this connection or on a display or advertisement or under circumstances so as in order to induce the belief that the person using them the words, titles, or letters is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent oneself as engaged in the practice of to the public that the person is practicing veterinary medicine in any of its branches.

     (c)  except as provided in 37-12-104(3), diagnoses, prescribes, or administers a drug, medicine, appliance, application, or treatment of whatever nature or performs a surgical operation or manipulation for the prevention, cure, or relief of a pain, deformity, wound, fracture, bodily injury, physical condition, or disease of animals;

     (d)  instructs, demonstrates, or solicits by a notice, sign, or other indication, with contract either express or implied, or otherwise, with or without the necessary instruments, for the administration of biologics or medicines or animal disease cures for the prevention and treatment of disease of animals and remedies for the treatment of internal parasites in animals;

     (e)  performs a manual or laboratory procedure on livestock for the diagnosis of pregnancy, sterility, or infertility for remuneration or hire;

     (f)  performs acupuncture, ova or embryo transfer, or dentistry on animals;

     (g)  instructs others, except those covered under the provisions of 37-18-104(4), for compensation, in any manner on how to perform any acts which that constitute the practice of veterinary medicine.

     (2) Nothing in subsection Subsection (1)(e) of this section shall may not in any way be construed to prohibit the pregnancy testing by any person of his the person's own farm animals or by his the person's employees regularly employed in the conduct of his the person's business or by other persons whose services are rendered gratuitously.

     (3)  Nothing in this This section shall may not be construed as modifying, amending, altering, or repealing any part of 37-18-104."



     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -




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