Calif. Board Passes Infectious Disease Regulation

Board Votes 4-3 on 317(x)

By Editorial Staff

SAN DIEGO, Calif. -- The final chapter of the California infectious disease issue concluded before sparse attendance on January 6, 1994. The California Board of Chiropractic Examiners voted 4-3 (with one abstention) to pass 317(x). The regulation classifies treating infectious disease as "unprofessional conduct." 317(x) states:

(x) "The treatment for infectious disease, defined as a disease caused by pathogenic microorganisms in the body. This subsection shall not be interpreted to prohibit the treatment of neuromusculoskeletal or other conditions, diseases, or injuries within the scope of practice of a chiropractor in any patient with an infectious disease."

The California Board concluded the action to counter California Assembly Health Committee Chairman Burt Margolin's (D-Los Angeles) threats to introduce a bill to open the chiropractic scope of practice law to amendment and modification, by the voters, the California Assembly, and potentially by the opponents of the profession (please see "Calif. Board Adopts Emergency Regulations under Threat" in the September 1, 1993 issue of "DC"). The board's actions formalized temporary measures that were taken at the public hearing on September 9, 1993 (please see "California Board of Examiners Wrestles with Emergency Regulation at Public Hearing" in the October 8, 1993 issue).

The vote had been delayed from the October 14, 1993 meeting over a question of conflict of interest involving board member R. Lloyd Friesen, DC. While the conflict of interest issue was found to be without merit, Dr. Friesen chose to abstain from the vote in a gesture of good faith.

Louis Newman, DC, chairman of the board, stated: "This removes the threat of a ballot issue which could have exposed our scope of practice to needless risk and tremendous expenditure of funds. As scientific evidence unfolds regarding the effectiveness of chiropractic care for infectious disease, this regulation can be reviewed and modified accordingly."

In addition to passing regulation 317(x), the board also elected officers:

Chairman: Louis Newman, DC (serving his fourth term as chairman) Vice chairman: Lloyd Boland, DC Secretary: Deborah Pate, DC, DACBR