(a) The Legislature finds and declares all of the following:

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Terms Used In Alabama Code 34-24-140.1

  • chiropractic: when used in this article, is hereby defined as the science and art of locating and removing without the use of drugs or surgery any interference with the transmission and expression of nerve energy in the human body by any means or methods as taught in schools or colleges of chiropractic which are recognized by the State Board of Chiropractic Examiners. See Alabama Code 34-24-120
  • following: means next after. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(1) A primary goal of the provision of health care is to prioritize patient safety and wellness.
(2) The board is in the best position to determine the practice of chiropractic that prioritizes patient safety and wellness.
(3) The power to make rules regulating the practice of chiropractic includes the power to prohibit unlicensed persons from practicing chiropractic and the power to regulate how licensed persons practice chiropractic.
(4) It is the intent of the Legislature in enacting this section to immunize the State Board of Chiropractic Examiners and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.
(b) Subject to subsection (c), a rule adopted by the board may define and regulate the practice of chiropractic in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.
(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of chiropractic.
(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the State Board of Chiropractic Examiners beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the State Board of Chiropractic Examiners in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).
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