Kirk Shilts, D.C., FCLB Model Practice Act Chair Dale Atkinson, J.D., FCLB Legal Counsel.

Kirk Shilts, D.C., FCLB Model Practice Act Chair

Dale Atkinson, J.D., FCLB Legal Counsel

Regulating Chiropractic Clinical Assistants

• All major professions’ federations offer model language

• To assist members boards to develop own regulatory oversight– Encourage uniformity– Avoid inadvertent errors / omissions

• 11 jurisdictions have some type of CA oversight– Most do not – may benefit from FCLB

assistance

Why Model Language?

• To best protect the public,– Boards should have authority to permit

and remove clinical CA practice privilege– FCLB supports “registering” rather than

“licensing” although terms are substantially similar

• Approved by FCLB Board of Directors January 2013

FCLB Model Languagefor Chiropractic Clinical Assistants

www.fclb.org

• Two sections:– Statute– Regulations

• Totally congruent with CCCA– Allows the board to regulate clinical

CAs– Can rely on CCCA for part of the

credentials process– Saves jurisdictions time and money

Structure

• Already regulate clinical CAs?– Add section on CCCA to your language

• No regulations yet?– FIRST: Be sure you have statutory

authority to regulate clinical CAs• Best to have specific reference to assistants

in your statute• Some boards already have broad powers in

statute

Function

• No regulations yet?– SECOND: • Bring this information back to your

board• Have your legal counsel review model

language• See what can be adopted or adapted to

meet your needs

Function

• Statute: Three Articles– Plus a reference to a 4th

(Discipline)

1. Definitions2. Board Powers3. Legal framework for RCAs

Let’s look at the document

1.Scope of services•General heath data collection•Assisting with therapies

2.Required supervision: DC on site

3.Qualifications•Background check•The rest coordinates with CCCA requirements

4.Registration by examination or endorsement

5.Renewal: 2 years and CE requirement•Matches CCCA requirements

6. Disciplinary grounds

Legal framework for RCAs

• Board approved education, training, exam– 24 hours educational instruction– 300 hours supervised clinical training– Board approved exam– Refers to endorsement provision

• Identifies FCLB CCCA program as meeting the board’s qualification requirements

• Criteria for approved education

Regulations

• Renewal– Model suggests 2 years, expires on

birthday

• Continuing competence– 6 hours every 2 years

• Improper Conduct / Grounds for Discipline– CA is responsible for proper behavior

regardless of employer’s direction

Regulations

Questions?