SB167 Alabama 2017 Session

Summary

Primary Sponsor

Priscilla Dunn

Democrat

Session

Regular Session 2017

Title

Chiropractic Examiners, State Board of, powers and duties, rulemaking authority clarified with regard to anticompetitive rules that prioritize patient safety and wellness, Sec. 34-24-140.1 added

Summary

SB167 clarifies that the Alabama State Board of Chiropractic Examiners can adopt rules prioritizing patient safety and wellness—even if they limit competition—and protects the board from antitrust liability for such rules when safety benefits are clearly shown.

What This Bill Does

Adds a new section to explain the board's rulemaking authority and its relationship to antitrust laws, including immunity for safety-priority rules. Allows the board to define and regulate the practice of chiropractic to prioritize patient safety and wellness, including prohibiting unlicensed practice and guiding how licensed chiropractors practice. Permits rules that are anti-competitive if the benefit to public safety and wellness is clearly demonstrated and documented, with immunity from antitrust liability for the board and its members when such rules are adopted. Requires that rules may supplement or clarify existing definitions but cannot conflict with statutes that define the practice of chiropractic, and makes the act effective immediately after governor approval.

Who It Affects

• Licensed chiropractors in Alabama, who must follow board rules that prioritize safety and wellness (even if those rules reduce competition) and who gain antitrust immunity for such rules when the safety benefits are documented.
• The public, including patients, who would benefit from safety- and wellness-focused rules and from the board’s ability to prohibit unlicensed individuals from practicing chiropractic.

Key Provisions

• Adds Section 34-24-140.1 establishing the board's authority to regulate the practice with a focus on patient safety and wellness and to immunize the board and its members from antitrust liability for safety-priority rules when effects are clearly demonstrated.
• Allows rules that may be anti-competitive if they clearly improve safety and wellness and are documented by the Board, provided they do not conflict with statutory definitions of chiropractic practice.
• States rules may supplement or clarify statutory definitions but may not contradict existing statutes defining the practice of chiropractic.
• Preserves that rights and privileges are not expanded beyond those recognized after the NC State Board of Dental Examiners v. FTC decision, and clarifies antitrust immunity limits, with immediate effectiveness upon governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Chiropractic Examiners, State Board of