July 2007

The California Chiropractic Initiative Act of 1922

Recent events throw 85 year old Act into political maelstrom

by Dr. John Bueler, Jr., President, California Chiropractic Association

A series of recent events have converged to create the biggest challenge and opportunity for the chiropractic profession in over three decades.

The state Board of Chiropractic Examiners does the right thing in the wrong way. The Sacramento Bee and other high profile publications accuse the governor for allowing his personal friends on the BCE to represent the interest of the chiropractic profession over that of the public.

Democrats in the Legislature smell blood in the water and overreact by introducing legislation that could potentially dismantle the 1922 Chiropractic Initiative Act in California. The 1922 Act, while significantly outdated and archaic in many respects, has also served as the most important defense against enemies seeking to alter or limit the scope of chiropractic. Many see this as an attack on the profession that must have been orchestrated by organized medicine. But this is a pressure cooker that has been building for some time.

Two years ago when the Legislature's sunset review process made a recommendation to bring the board of chiropractic examiners under the state Department of Consumer Affairs, the state associations were successful in preventing that from happening through our friends in the Legislature. However, the writing was on the wall and the California Chiropractic Association (CCA) and the International Chiropractors Association of California (ICAC) began to explore  possible language that would insure that our scope was protected while making necessary clean up changes to the Act itself.

While this was going on, the World Chiropractic Alliance (WCA) was beginning to uncover and report on possible wrong doing by BCE staff, and there was increasing tension at the BCE between board members and staff, not to mention the BCE and chiropractors in the field.

In November 2006, CCA, ICAC and the representatives from the four California chiropractic colleges met in Los Angeles to begin preliminary discussions on this and other items of importance to the future of the profession. Little did we know that on March 1, 2007, this process would be accelerated and under very politically charged circumstances. With all of the existing press coverage, I see no need here to recap the details of the Governors appointments and subsequent BCE staff firings.

CCA's lobbyists have been working around the clock since March 1 preparing for what is going to be a very important process. If this was a one‑time chiropractic attack, the knee jerk reaction of killing the legislation at all costs would be a simple one to make. However, there is evidence that this issue will return, if not next year, then in the next round of sunset review hearings. In light of this, the coalition of chiropractic institutions in California have been working together very closely to seek out any opportunities that make the process go away through negotiation while enhancing and protecting our Act. The positive dialogue between the state associations and the colleges has been serious and  inspirationally productive.

As is typical in a case like this, those on the front line will find themselves accused of doing too much, or not doing enough. But the exciting thing is that all of the organizations are maintaining a very open and honest dialogue with those who are willing to listen and contribute. That is why it is very unfortunate that a prominent chiropractic publication has already sent out special alerts stating that CCA and ICAC are not doing anything. 

I refuse to get dragged into a sky is falling approach, when, in fact, there may be several opportunities for political bridge building and educating legislators while creating language that further protects and promotes chiropractic for the next several decades. On the other hand, we may reach an impasse with the Legislature and have to start beating the drums in which case there will be yet another opportunity for the 13,000 doctors of chiropractic in California and their four million patients to rise up and say enough. Are we up to the task? I believe we are, but it's up to us and that's just the way I like it.

For more information on this issue, visit www.calchiro.org.