1 3 "(3) The term 'sprain' means the wrenching of a joint 2 with partial rupture or other injury of its attachments and 3 without luxation of bones." 88TH CONGRESS 1ST SESSION S. 2078 IN THE SENATE OF THE UNITED STATES AUGUST 26, 1963 Mr. MAGNUSON introduced the following bill; which was read twice and referred. to the Committee on Labor and Public Welfare A BILL To amend the Federal Employees' Compensation Act so as to permit injured employees entitled to receive medical services under such Act to utilize the services of chiropractors. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the first two sentences of section 9 of the Federal 4 Employees' Compensation Act, as amended (5 U.S.C. 5 759), are amended to read as follows: "For any injury sus6 tained by an employee while in the performance of duty, 7 whether or not disability has arisen, the United States shall 8 furnish to the employee all services, appliances, and supplies 9 prescribed or recommended by duly qualified physicians or 10 chiropractic practitioners which, in the opinion of the Sec I 86-434-64--2 2 1 retary of Labor, are likely to cure or to give relief or to re2 duce the degree or the period of disability or to aid in lessen3 ing the amount of the monthly compensation. Such serv4 ices, appliances, and supplies shall be furnished by or upon 5 the order of United States medical officers and hospitals, but 6 where this is not practicable they shall be furnished by or 7 upon the order of private physicians and hospitals, or chiro8 practic practitioners, designated or approved by the Secre9 tary of Labor." 10 12 SEC. 2. Paragraph (e) of section 40 of such Act, as 11 amended (5 U.S.C. 790), is amended to read as follows: "(e) The term 'medical, surgical, and hospital services 13 and supplies' includes services and supplies by osteopathic 14 and chiropractic practitioners and hospitals as licensed by 15 State law and within the scope of their practice as defined 16 by State law." U.S. DEPARTMENT OF LABOR, Hon. LISTER HILL, OFFICE OF THE SECRETARY, Washington, D.C., February 7, 1964. Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: This is in further response to your request for our views on S. 1710, a bill to amend the sections 9 and 40 of the Federal Employees' Compensation Act, as amended. In our letter to you concerning this bill, dated September 30, 1963, we did not specifically comment on the fact that it would limit the use of chiropractic services to cases in which the employee's injury involves a strain or sprain. However, we did carefully consider this feature of the bill, and concluded that notwithstanding its restricted application, the proposal is subject to the objections we have previously stated. In addition to those objections, we might also call attention to the fact that certain ailments which are entirely unrelated to strains or sprains are sometimes first manifested by the same symptoms as they are. In such situations we doubt that a person who is not a medical doctor would be the best qualified to correctly diagnose the illness or to prescribe treatment therefor. For this reason, and the reasons discussed in our earlier letter, we are opposed to the enactment of S. 1710. Yours sincerely, W. WILLARD WIRTZ, Hon. LISTER HILL, U.S. DEPARTMENT OF LABOR, Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: This is in further response to your letter_requesting comments on S. 1710, a bill to amend sections 9 and 40 of the Federal Employees' Compensation Act, as amended, and S. 2078, a bill to amend the Federal Employees' Compensation Act so as to permit injured employees entitled to receive medical services under such act to utilize the services of chiropractors. These bills would amend sections 9 and 40 of the Federal Employees' Compensation Act to grant statutory authority to chiropractic practitioners, within the range of their practice as defined by State law, to participate on an equality with doctors of medicine and osteopathic physicians in the treatment ofbe neficiaries under the act. In general, chiropractors, where licensed to practice under State law, are prohibited from the practice of surgery, and the administration or prescription of drugs or medicines. In addition to such statutory limitations, they usually have no hospital privileges. In view of these restrictions, it is doubtful whether Federal employees who sustain personal injuries in the course of their employment would be able to get adequate medical treatment under this particular theory of healing. Moreover, the Federal Employees' Compensation Act does not preclude the use of chiropractic services in appropriate cases. The services of chiropractors, physiotherapists and other specialists may be used where recommended by and carried out under the direction of a U.S. medical officer or a duly qualified physician trained and licensed to engage in the practice of medicine. În view of this fact, it is not necessary to amend the act to permit the use of such services. We, therefore, oppose the enactment of these bills. The Bureau of the Budget advises that there is no objection to the submission of this report from the standpoint of the administration's program. Yours sincerely, W. WILLARD WIRTZ, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., November 27, 1963. Hon. LISTER HILL, Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: This is in reply to your letters of June 20 and August 27, 1963, requesting the views of this office on S. 1710 and S. 2078, bills which would amend sections 9 and 40 of the Federal Employees' Compensation Act to permit the use of chiropractors. The Secretary of Labor is recommending against enactment of these bills in a report being made to your committee. The Bureau of the Budget concurs in the views of the Department of Labor in its report on S. 1710 and S. 2078, and accordingly recommends against enactment of these bills. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. Senator METCALF. The hearing this morning on the two bills, S. 1710 and S. 2078, to amend the Federal Employees' Compensation Act. This will be held before a Special Subcommittee on Federal Employees' Compensation set up by our distinguished chairman, Senator Lister Hill, for this special purpose. The special subcommittee consists of five members, Senators McNamara, Morse, Javits, and Jordan, in addition to myself. Senator Hill has honored me by asking me to serve as chairman of this special subcommittee. The purpose of the hearing this morning is to determine whether the distinction which the Federal Government has drawn between physicians, surgeons, and osteopaths on the one hand, and chiropractors on the other can be supported. The two bills which have been referred to this special subcommittee and on which we are having these hearings would, in somewhat different degrees do away with the distinction by authorizing chiropractors, to provide chiropractic services under the Federal Employees' Compensation law, upon the request of the injured employee, within the scope of their practices as permitted and defined by the law of the States. Our first witness is my neighbor out West, Senator Burdick of North Dakota. Now let's get on with the hearing. Senator Burdick, we are delighted to have you before the subcommittee and you may proceed in any way you wish. STATEMENT OF HON. QUENTIN N. BURDICK, A U.S. SENATOR FROM THE STATE OF NORTH DAKOTA Senator BURDICK. Mr. Chairman, it is a pleasure to appear on behalf of S. 1710, to permit employees of the United States to seek chiropractic services under the U.S. Employees' Compensation Act. As you know, I introduced similar legislation in the 87th Congress and, as a member of this committee chaired a hearing on it in May 1962. I hope that this year we can demonstrate unmistakably the desirability and equity of early enactment of S. 1710. Approved in 1916, the U.S. Employees' Compensation Act provides for medical, surgical and hospital services for the treatment of injuries sustained by Federal employees in the course of their duties. Whenever available, these services are to be provided by the Public Health Service and similar Federal medical agencies. When not |