CHAPTER 10 ‑ BOARD OF CHIROPRACTIC EXAMINERS
SECTION .0100 ‑ ORGANIZATION OF BOARD
21 NCAC 10 .0101 IDENTIFICATION
21 NCAC 10 .0102 GENERAL PURPOSE OF BOARD
History Note: Authority G.S. 90‑139 et seq.; 90‑141
to 90‑146; 90‑142 et seq.; 90‑148; 90‑149;
90‑151; 90‑153 to 90‑157;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0103 STRUCTURE OF
BOARD
(a) Creation and Membership of Board of Examiners. The
creation and membership of the Board of Chiropractic Examiners are governed by
G.S. 90‑139, which statute is herewith incorporated by reference
including subsequent amendments. A copy of the statute may be obtained from
the Board at no charge.
(b) Selection of Chiropractic Members of Board of
Examiners. The selection of chiropractic members of the Board of Examiners is
governed by G.S. 90‑140, which statute is herewith incorporated by
reference including subsequent amendments. A copy of the statute may be
obtained from the Board at no charge.
(c) Election of Candidates for Appointment to the Board.
Annually, the Board shall select a time, date and place for the election of
chiropractic candidates for appointment to the Board. At least three
candidates shall be elected for each vacancy. The candidate receiving the most
votes in each election shall be given a special recommendation.
(1) The election shall be conducted by the
Board of Chiropractic Examiners. Any member of the Board who is nominated to
succeed himself shall be disqualified from conducting the vote in which he is a
nominee.
(2) Nomination shall be made from the floor and
shall require two seconds. Any prospective nominee may withdraw his name from
consideration by an oral statement to that effect.
(d) Officers of the Board. Annually, and as soon as
practicable after appointments have been made, the members of the Board shall
elect a president, a vice‑president, a secretary, and a treasurer.
History Note: Legislative Objection Lodged Eff. January
31, 1983;
Curative Amended Eff. February 18, 1983;
Statutory Authority 90‑139; 90‑140; 150B‑14;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. June 1, 1994; December 1, 1988; January 1,
1983; May 8, 1979.
21 NCAC 10 .0104 SEAL OF THE BOARD OF CHIROPRACTIC
EXAMINERS
(a) The official seal of the Board consists of two
concentric circles, with the word "Seal" inside the inner circle
surrounded by the phrase "North Carolina Board of Chiropractic Examiners, Organized
May 5, 1917" in the area between the circles.
(b) The Seal of the State of North Carolina, without
alteration, has also been adopted for use by the Board where appropriate.
History Note: Authority G.S. 90‑142; 90‑156;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.
21 NCAC 10 .0105 ESCROW ACCOUNT
(a) The Board shall maintain an escrow account at a
federally insured bank for the temporary deposit of any fees received by the
Board during a period in which the Board's authority to expend funds is
suspended by operation of law.
(b) At such time as the authority of the Board to expend
funds is restored, the fees deposited in the escrow account shall be
transferred to the Board's general account.
History Note: Authority G.S. 90-142; 93B-2;
Eff. July 1, 2011.
SECTION .0200 ‑ PRACTICE OF CHIROPRACTIC
21 NCAC 10 .0201 REQUIREMENTS FOR LICENSURE
(a) General. In order to be licensed to practice
chiropractic in North Carolina, an applicant must satisfy the criteria
established by G.S. 90‑143, which statute is herewith incorporated by
reference in accordance with G.S. 150B‑14(c).
(b) Applicants Licensed in Other States (Reciprocity). The
issuance of licenses to applicants already licensed in other states is governed
by G.S. 90‑143.1, which statute is herewith incorporated by reference in
accordance with G.S. 150B‑14(c).
(c) Good Character. "Good character" as used in
G.S. 90‑143 is defined by the Board as generally good conduct and
reputation, and the use of appropriate discretion in personal, educational or business
pursuits.
History Note: Legislative Objection Lodged Eff. January
31, 1983;
Authority G.S. 90‑142; 90‑143; 90‑143.1;
150B‑9(d);
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983;
Curative Amended Eff. February 28, 1983;
Amended Eff. April 1, 1989; July 1, 1988.
21 ncac 10 .0202 APPLICATION FOR LICENSURE
(a) General. Application for licensure shall be made in
writing upon forms provided by the Board. The secretary shall furnish the
necessary forms to prospective applicants upon request.
(b) Description of Forms. The written application shall
consist of two forms, the Application Form and the Character Reference Form.
The following information shall be required to complete each form:
(1) Application Form: personal background of
the applicant; his educational history; a recent photograph; and a statement
confirming that he has read, understands and will abide by the General Statutes
and administrative rules governing chiropractic.
(2) Character Reference Form: the statements
of three persons not related to the applicant attesting to his good moral
character.
(c) Deadlines for Filing Applications. Applications for
the North Carolina examination must be received at the office of the Board no
later than 15 days before the scheduled examination dates as provided in 21
NCAC 10 .0203(b).
(d) Application Fee. An application fee of three hundred
dollars ($300.00) must accompany each application. This fee shall be paid in
cash, or by certified check, cashier's check or money order made payable to the
North Carolina Board of Chiropractic Examiners. Personal checks shall not be
accepted.
History Note: Authority G.S. 90‑142; 90‑143;
90‑143.1; 90‑145; 90‑146; 90-149;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. October 17, 1980;
Legislative Objection Lodged Eff. December 17, 1982;
Curative Amendment Eff. December 30, 1982;
Amended Eff. January 1, 1983;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amendment Eff. February 28, 1983;
Amended Eff. January 1, 1989;
Temporary Amendment Eff. January 1, 2003;
Temporary Amendment Expired October 31, 2003;
Amended Eff. August 1, 2004; February 1, 2004.
21 NCAC 10 .0203 North Carolina examination
(a) Eligibility. Only those applicants who meet the
requirements of this Rule and G.S. 90-143, or in the case of reciprocity
applicants, G.S. 90-143.1, and who have submitted a timely and complete written
application pursuant to Rule 21 NCAC 10 .0202 shall be allowed to take the North Carolina examination.
(b) Dates of Examination. The North Carolina examination
shall be given four times each year, on the fourth Saturday in January, April,
July and October. Eligible applicants shall be notified of the exact date, time
and location of the examination as soon as possible after their written
applications have been approved by the Board.
(c) National Boards. Except as provided in Paragraph (e) of
this Rule, in order to take the North Carolina examination, an applicant who
has never been licensed in this state or who is not a reciprocity applicant
shall first achieve a score of 375 or higher on each of the following
examinations given by the National Board of Examiners: Part I, Part II, Part
III (WCCE) and the elective examination (termed "Physiotherapy" by
the National Board). In addition, the applicant shall achieve a score of 475 or
higher on Part IV of the National Board examination.
(d) Report of Scores. The applicant shall arrange for his
test results from any National Board examination to be reported to the North
Carolina Board in a timely manner. Failure to comply with this provision shall
be a basis for delaying the issuance of a license.
(e) Waiver of National Boards. The Board recognizes that
many established practitioners completed their professional education prior to
the introduction of one or more National Board examinations. Notwithstanding
the requirements of Paragraph (c) of this Rule, an applicant who submits
National Board examination results in conformity with the following schedule
shall not be disqualified from licensure in North Carolina:
(1) If the applicant graduated from
chiropractic college before July 1, 1966, he shall not be required to submit a
score from any National Board examination;
(2) If the applicant graduated from
chiropractic college between July 1, 1966 and June 30, 1986, he shall be
required to submit scores of 375 or higher on National Board Part I, Part II,
and the elective examination termed "Physiotherapy"; but he shall not
be required to submit a score on Part III (WCCE) or Part IV;
(3) If the applicant graduated from
chiropractic college between July 1, 1986 and June 30, 1997, he shall be
required to submit scores of 375 or higher on National Board Part I, Part II,
the elective examination termed "Physiotherapy" and Part III (WCCE);
but he shall not be required to submit a score on Part IV.
In order to receive a license, an applicant who qualifies
for a waiver of any National Board score must take and pass the SPEC examination
and the North Carolina examination and satisfy all other requirements for
licensure.
(f) SPEC Examination. In order to take the North Carolina
Examination, a reciprocity applicant, a waiver applicant pursuant to Paragraph
(d) of this Rule, or an applicant previously licensed in this State whose
license has been cancelled pursuant to G.S. 90-155 for more than 180 days must
first take and pass the Special Purpose Examination for Chiropractic
("SPEC").
(g) Nature of Examination. The North Carolina examination
is a written test of an applicant's knowledge of chiropractic jurisprudence. No
part of the examination is open-book, and no reference material of any kind
shall be allowed in the examination area. The passing grade is 75.
(h) Review of Examination Results. An applicant who has
been denied licensure because he failed the North Carolina examination may
request a review of his answers provided his request is made in writing and
received by the Secretary not later than 20 days after issuance of the examination
results. Unless the applicant specifically requests to review his answers in
person, the review shall be limited to a re-tabulation of the applicant's score
to make certain no clerical errors were made in grading. If the applicant
requests to review his answers in person, he shall be permitted to do so at the
office of the Board in the presence of a representative of the Board and for a
period of not more than 30 minutes. The applicant shall not be permitted to
discuss his examination with any member of the Board, grader, or test
administrator.
(i) Date of Licensure. An applicant who meets all the
requirements for licensure shall be issued a license within 30 days after
taking the North Carolina examination.
History Note: Authority G.S. 90-142; 90-143; 90-143.1;
90-144; 90-145; 90-146;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983; October 17, 1980;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amendment Eff. February 18, 1983;
Temporary Amendment Eff. May 1, 1998;
Amended Eff. February 1, 2009; July 1, 2004; August 1,
2000; August 1, 1995; December 1, 1988.
21 NCAC 10 .0204 LICENSURE
(a) Initial Licensure. The initial license awarded to an
applicant who passed the examination shall be mailed to the address appearing
on the application form.
(b) Change of Address. It shall be the responsibility of
the licentiate to inform the Board of any change in his or her mailing address.
Updated address information shall be forwarded to the secretary in writing
within 30 days after any such change.
(c) Email and Facsimile. A licentiate who maintains an
office email address or office facsimile machine shall inform the Board of his
or her current email address or facsimile machine telephone number. This
contact information shall not be made available to the public and shall be used
only for expediting the dissemination of official messages the Board deems high
priority or urgent.
History Note: Authority G.S. 90-145; 90-148;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Amended Eff. July 1, 2014; December 1, 1988.
21 NCAC 10 .0205 RENEWAL OF LICENSE
(a) General. The renewal, cancellation, and restoration of
a license are governed by G.S. 90-155.
(b) License Renewal Form. On or about December 1st
each year, the Board shall mail to each licentiate, at the licentiate's current
office address on file, an individualized license renewal form for the ensuing
year. A secure electronic version of the form shall also be available at www.ncchiroboard.com. A licentiate desiring license renewal
shall note on the form any changes in name, address, specialty, employment
circumstances, and history of criminal convictions. The licentiate shall also
note continuing education obtained as set forth in Paragraph (c) of this Rule.
The licentiate shall submit the completed form and the renewal fee prescribed
in Paragraph (d) of this Rule to the Board before the deadline imposed by G.S.
90-155.
(c) Continuing Education. The license renewal form issued
by the Board shall recite the cumulative hours of continuing education reported
to the Board and credited to the individual licentiate for the current year. If
the licentiate wishes to receive credit for continuing education obtained but
not reported to the Board, the licentiate shall note on the license renewal
form the name, date, sponsor, and duration of any unreported educational
session. The Board shall not award credit for the session until the sponsor
confirms the licentiate's attendance or participation. The licentiate shall
also note on the license renewal form any professional development continuing
education for which the licentiate seeks credit pursuant to 21 NCAC 10
.0210(d). As used in G.S. 90-155, one "day" of continuing education
shall be defined as nine hours. Any licentiate seeking a hardship waiver of the
continuing education requirement shall make. written application to the Board
explaining the nature and circumstances of the hardship. Upon the applicant's
showing that timely compliance with the continuing education requirement poses
an undue hardship, the Board, in its discretion, may waive the requirement in
whole or part or grant an extension of time within which to comply. "Undue
hardship" includes protracted medical illness, natural disaster, or
extended absence from the United States.
(d) Renewal Fee. A renewal fee in the maximum amount
allowed by G.S. 90-155 shall be paid by each licentiate applying for renewal.
(e) Restoration of Cancelled License: Evidence of
Proficiency. In order to provide evidence of proficiency, any former licentiate
whose license has been cancelled due to non-compliance with G.S. 90-155 shall
be re-examined and shall pay the application fee prescribed in 21 NCAC 10
.0202(d) to cover the cost of re-examination. Payment of the application fee
shall not constitute payment of the statutory reinstatement fee.
(f) Military Hardship. A licentiate who is serving in the
armed forces of the United States and to whom G.S. 93B-15(a) grants an
extension of time to pay a renewal fee shall also be granted an identical
extension of time to complete the continuing education required for license
renewal.
History Note: Authority G.S. 90-142; 90-155; 93B-15;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983; October 17, 1980;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 18, 1983;
Amended Eff. June 1, 2015; July 1, 2011; January 4, 1993;
December 1, 1988.
21 NCAC 10 .0206 CERTIFICATION OF RADIOLOGIC
TECHNOLOGISTS
(a) In order to be certified competent pursuant to G.S.
90-143.2, a person employed in a chiropractic office whose duties include the
production of x-rays or other diagnostic images must:
(1) Complete a Board-approved course in
radiologic technology. To be approved by the Board, a radiologic technology
course shall be at least 50 hours in length and provide sufficient instruction
in the five subjects set forth in G.S. 90-143.2 to enable its graduates to
satisfy the standards of acceptable care governing the production of X-rays;
and
(2) Pass a proficiency examination administered
by or under the authority of the Board of Examiners.
(b) Any person registered as "active" with the
American Chiropractic Registry of Radiologic Technologists is deemed to have
satisfied the educational requirements of Paragraph (a) of this Rule.
(c) A certificate of competency issued pursuant to G.S.
90-143.2 expires at the end of the calendar year in which it was issued but may
be renewed upon a showing that the certificate holder completed six hours of
Board-approved continuing education in radiologic technology during the year.
Any person whose initial certificate expires less than 12 months after issuance
is not required to obtain continuing education until entering the second year
of certification.
(d) Any person seeking to renew a certificate of competency
shall complete and submit the renewal application form provided by the Board of
Examiners and pay to the Board a renewal fee in the amount of twenty dollars
($20.00).
(e) The holder of a certificate issued pursuant to this
Rule must display the certificate in the x-ray room of the chiropractic clinic
in which the holder is employed in a location where the certificate may be
easily viewed by patients.
(f) Other than licensed doctors of chiropractic, only those
persons maintaining current certifications of competency in comformity with
this Rule may produce x-rays or other diagnostic images in chiropractic offices.
A chiropractor who permits the production of x-rays or other diagnostic images
by a non-certified employee or an employee whose certification has expired
shall be deemed in violation of G.S. 90-154.3.
(g) If a certificate of competency has lapsed due to
non-renewal and the lapse does not exceed 12 months, the certificate holder may
obtain reinstatement by demonstrating completion of six hours of Board-approved
continuing education during or attributed to the preceding calendar year. If
the lapse is greater than 12 months, no make-up continuing education is
required, but the certificate holder shall re-take and pass the proficiency
examination described in Paragraph (a)(2) of this Rule. Regardless of the length
of lapse, any person seeking reinstatement of a lapsed certificate shall comply
with Paragraph (d) of this Rule.
History Note: Authority G.S. 90-143.2; 90-154.3
Eff. February 1, 1993;
Temporary Amendment Eff. January 1, 2003;
Temporary Amendment Expired October 31, 2003;
Amended Eff. July 1, 2010; January 1, 2004.
21 NCAC 10 .0207 CONTINUING EDUCATION SEMINARS
(a) Approval of Seminars. Only continuing education
seminars approved in advance by the Board shall count towards satisfying the
requirements for license renewal. The sponsor and co-sponsors of any proposed
seminar shall be responsible for submitting to the Board all the information
the Board deems necessary to evaluate the seminar in accordance with this
Rule. An application for approval shall be in writing and shall be submitted
at least 30 days prior to the date of the proposed seminar.
(b) Duration of Approval. A seminar approval issued by the
Board shall expire one year after the date of issuance. If the sponsor or
co-sponsors of an approved seminar wish to repeat the seminar on a date beyond
the approval period, a new application shall be submitted to the Board.
(c) Criteria for Approval. The Board's criteria for
approving continuing education seminars is as follows:
(1) No practice-building or motivational
seminars shall be approved;
(2) No seminar shall be approved that requires
attendees, in order to be able to utilize the information presented at the
seminar, to purchase equipment or clinical supplies available only through the
seminar's instructors, sponsors or co-sponsors;
(3) Each seminar subject shall fall within the
extent and limitation of chiropractic licensure in this State; and
(4) Each instructor shall submit a curriculum
vitae and satisfy the Board that he is competent to teach the subject or
subjects he is scheduled to teach.
(d) Duties of Seminar Sponsor. A proposed seminar having
been approved by the Board, its sponsor and co-sponsors shall:
(1) Disclose on all brochures and advertising
materials the name and address of each sponsor and co-sponsor and whether each
sponsor and co-sponsor is a for-profit or not-for-profit entity;
(2) Be liable for all expenses incurred in
holding the seminar;
(3) Give timely notice to the Board of any
material changes in the seminar, including date, location, subject matter or
instructors; and
(4) Provide an agent at the seminar site who
shall:
(A) Monitor and report the attendance of each person
attending the seminar, using a method approved by the Board;
(B) Provide for the safety and comfort of attendees;
(C) Supervise the agenda and disallow the presentation
of any subject not approved by the Board; and
(D) Complete and submit to the Board a post-seminar
review summarizing any problems experienced and any variance between the
application for approval and the seminar as actually presented.
(e) Sanction for Non-Compliance. By applying for seminar
approval, each sponsor and co-sponsor agrees to admit to the seminar at no
charge a representative of the Board for the purpose of observing compliance
with this Rule. If the Board determines that a sponsor or co-sponsor has
willfully or negligently falsified the application for approval, or has failed
to keep attendance accurately, or has allowed the seminar as actually presented
to vary materially from the agenda as set forth in the application, or has
willfully failed to adhere to any other provision of this Rule, the Board, in
its discretion, may refuse to approve future seminar applications from the
offending sponsor or co-sponsor or from any principal who is a partner or
shareholder in the offending sponsor or co-sponsor.
History Note: Authority G.S. 90-142; 90-155;
Eff. January 1, 2004.
21 NCAC 10 .0208 Acupuncture
Until July 1, 2008, in order to perform acupuncture, a
licentiate or applicant for licensure must first certify to the Board that he
has completed a minimum of 100 hours' coursework in acupuncture-meridian
therapy, including sterile needle technique, theory of acupuncture and differential
diagnosis of clinical indications. This coursework must be offered as either
part of the curriculum leading to the Doctor of Chiropractic degree or at the
post-doctoral level, and by a college accredited pursuant to G.S. 90-143(b). Beginning
July 1, 2008, in order to perform acupuncture, a licentiate or applicant for
licensure must first certify to the Board that he has completed a minimum of
200 hours of the above-described coursework; provided, that this requirement of
200 hours' coursework shall apply only to a licentiate or applicant for
licensure whose initial certification date falls on or after July 1, 2008. Any
licentiate certified prior to July 1, 2008 may continue to perform acupuncture
without obtaining additional education.
History Note: Authority G.S. 90-142; 90-143; 90-151;
Eff. February 1, 2004;
Amended Eff. July 1, 2006.
21 NCAC 10 .0209 NUTRITIONAL SUPPLEMENTS
For the purpose of enforcing G.S. 90-151.1, the term Anutritional supplements@ includes vitamins,
minerals, enzymes, dietary supplements, herbs, homeopathic and naturopathic
preparations, glandular extracts, food concentrates and other natural agents.
The term Anutritional
supplements@ does not
include controlled substances.
History Note: Authority G.S. 90-142; 90-151; 90-151.1;
90-154;
Eff. May 1, 2004.
21 NCAC 10 .0210 INDIVIDUAL-STUDY CONTINUING
EDUCATION
(a) Hours permitted. A doctor of chiropractic may obtain as
many as eight credit hours of continuing education each year by successfully
completing one or more individual-study courses approved by the Board.
(b) Course approval. The criteria for Board approval of any
individual-study course are as follows:
(1) no practice-building or motivational
courses shall be approved;
(2) no course shall be approved that requires
participants, in order to utilize the information presented, to purchase
equipment or clinical supplies available only through the course's instructors,
sponsors, or co-sponsors;
(3) each subject taught shall fall within the
extent and limitation of chiropractic licensure in this State as provided in
G.S. 90-151;
(4) the subject matter shall be presented in a
manner comparable to instruction at chiropractic colleges accredited by the
Council on Chiropractic Education;
(5) the sponsor shall have a method for
recording and verifying a doctor's participation expressed in credit hours and
fractions thereof, and the sponsor shall assume responsibility for submitting a
certificate of participation to the Board within 60 days after a doctor
completes the course;
(6) the course shall include one or more
examinations or other means of verifying that a participating doctor has
mastered the material presented in the course.
(c) Sponsor's obligation. The sponsor shall provide such
information as the Board deems necessary to evaluate the course according to
the criteria set forth in Paragraph (b) of this Rule, including the syllabus, a
curriculum vitae for each instructor, the method for verifying attendance, and
the length of the course. Failure to provide information required by the Board
shall be a basis for denying the course. The application process for obtaining
course approval is set forth in Rule .0207 of this Section.
(d) Professional development continuing education. A doctor
of chiropractic may obtain continuing education credit for undertaking the
professional development activities described in this Paragraph. Credit shall
be awarded based on the actual time spent and shall not exceed two hours
annually for all activities combined. To apply for credit, the doctor shall
report such activities on his or her annual license renewal form as provided in
Rule .0205(c) of this Section. Approved professional development activities
shall include:
(1) reading scientific, peer-reviewed
professional journals; or
(2) visiting vendor displays at professional
association conventions to become familiar with trends in treatment
technologies and new products.
(e) Attendance at interstate regulatory meetings. A doctor
of chiropractic may obtain as many as 12 hours of continuing education credit
annually by attending morning and afternoon sessions of a national meeting of
the Federation of Chiropractic Licensing Boards or morning and afternoon
sessions of a meeting of the National Board of Chiropractic Examiners.
History Note: Authority G.S. 90-142; 90-151; 90-155;
Eff. July 1, 2004;
Amended Eff. June 1, 2015.
21 NCAC 10 .0211 AGREEMENTS TO PROVIDE FINANCE OR
MANAGEMENT SERVICES
(a) Purpose and extent of rule. G.S. 90-157.3 limits the "ownership"
of a chiropractic practice to licensed chiropractors. However, in addition to
the treatment of patients, operating a chiropractic practice involves the
procurement of financing, office space, equipment, supplies and personnel, as
well as the creation and implementation of advertising and marketing
strategies, billing procedures and other management functions. It is common in
many chiropractic offices for one or more of these operating components to be
outsourced. The purpose of this Rule is to define the extent to which a
chiropractor licensed and practicing in North Carolina may enter into a
financing or management services agreement with a vendor who is not a North
Carolina-licensed chiropractor while remaining in compliance with the ownership
limitations imposed by G.S. 90-157.3. This Rule does not apply to contracts
exclusively between or among North Carolina-licensed chiropractors.
(b) Review of agreements. No person shall be required to
submit a financing or management services agreement to the Board for advance
approval. The Board shall review existing or proposed agreements only upon
request of one or more of the parties or as part of a disciplinary
investigation. In order to protect pricing information, trade secrets and
similar proprietary information, the Board shall maintain the confidentiality
of any agreement under review. The review shall be completed within 90 days of
submission, and any agreement not disapproved within 90 days shall be deemed
approved.
(c) Prohibited provisions. Beginning July 1, 2012, the
following contractual provisions, singly or in combination, shall be deemed by
the Board to violate G.S. 90-157.3:
(1) Any provision or series of provisions that
creates a partnership between the chiropractor and the vendor to engage in the
practice of chiropractic in contravention of G.S. 90-157.3(a). When reviewing
contracts for compliance with this section, the Board shall apply the rules for
determining the existence of a partnership set forth in G.S. 59-37 and the
ordinary legal definition of partnership, as follows: "a partnership is a
combination by two or more persons of their property, effects, labor, or skill
in a common business or venture, under an agreement to share the profits and
losses in equal or specified proportions;"
(2) Ownership or control of patient records by
the vendor or any party other than the chiropractor;
(3) Control by the vendor over the hiring and
firing of any personnel who provide clinical services to patients;
(4) Any requirements imposed by the vendor that
affect the chiropractor's exercise of professional judgment in creating
treatment plans and delivering clinical services to patients;
(5) Control by the vendor over the transfer of
ownership interests in the practice, but this prohibition shall not prevent the
vendor from terminating the agreement if the chiropractor transfers ownership
of the practice without the vendor's consent;
(6) Any attempt to transfer legal liability
from the chiropractor to the vendor for the content of advertising or the implementation
of any marketing program undertaken to promote the practice.
History Note: Authority G.S. 90-142; 90-147; 90-157.3;
Eff. September 1, 2011.
21 NCAC 10 .0212 MEDICAL COLLEGE TRANSFER CREDITS
(a) Purpose of Rule. An increasing number of students who
initially enrolled in medical colleges are transferring to chiropractic
colleges. The standard curricula for the first two years of medical and
chiropractic colleges are similar. The Board of Chiropractic Examiners believes
that it is in the public interest to allow applicants for chiropractic
licensure in this State to receive credit for hours earned while attending
medical college, as such a policy promotes the efficient use of classroom
resources, reduces wasteful duplication and lowers the cost of obtaining a
chiropractic degree.
(b) Declaration of Equivalency. To the extent the
curricula of the institutions overlap, the Board deems a medical college
approved by the Liaison Commission on Medical Education or the Committee for
the Accreditation of Canadian Medical Schools or an osteopathic college
approved by the American Osteopathic Association to be the equivalent of a
chiropractic college accredited by the Council on Chiropractic Education.
(c) Counting Transfer Credits. For purposes of North
Carolina licensure, the Board shall count any and all hours earned by an
applicant at an approved medical college that have been accepted as transfer
credits by the applicant's chiropractic college.
History Note: Authority G.S. 90-142; 90-143;
Eff. July 1, 2011.
21 NCAC 10 .0213 CERTIFICATION OF CLINICAL ASSISTANTS
(a) Classification of Applicants. The Board hereby
establishes the following categories of applicants for clinical assistant competency
certification. Different certification requirements apply to each category.
(1) Grandfathered applicants. A
"grandfathered applicant" is an applicant who is currently employed
as a clinical assistant, who has been trained by the applicant's employing
physician to perform the duties of a clinical assistant as defined in G.S.
90-143.4(a), and who shall have amassed at least 500 working hours in the
capacity of a clinical assistant as of the effective date of this Rule. (Note:
this category is temporary; the opportunity to be grandfathered shall expire
120 days after the effective date of this Rule.)
(2) Reciprocity applicants. A "reciprocity
applicant" is an applicant who is currently certified or registered as a
clinical assistant in another state whose requirements for certification or
registration are substantially similar to or more stringent than the
requirements for certification in North Carolina.
(3) New applicants. A "new applicant"
is any applicant who is not a grandfathered applicant or a reciprocity
applicant.
(b) Requirements for Certification. Every applicant,
regardless of classification, shall complete an application form provided by
the Board (available at www.ncchiroboard.com) and submit evidence satisfactory
to the Board that the applicant is at least 18 years of age, a high school
graduate or the equivalent, and possessed of good moral character. A photocopy
of the applicant's birth certificate, driver's license or government-issued
identification card shall constitute prima facie evidence of the
applicant's age. A photocopy of the applicant's high school diploma, transcript
or general equivalency diploma (G.E.D.) shall constitute prima facie
evidence of the applicant's graduation from high school. An affidavit
attesting to good moral character and signed by a chiropractic physician or
other responsible party who knows the applicant and is not related to the
applicant shall constitute prima facie evidence of the applicant's good
moral character. Every applicant, regardless of classification, shall pay to
the Board an initial certification fee in the amount of twenty dollars
($20.00). In addition to the foregoing general requirements, an applicant shall
satisfy the requirements for the applicant’s individual category, as follows:
(1) Grandfathered Applicants. A grandfathered
applicant shall submit, on a form provided by the Board (available at www.ncchiroboard.com),
an attestation signed by the applicant's employing physician confirming that
the applicant is currently employed as a clinical assistant, has received
sufficient on-the-job training, in the judgment of the employer, to perform the
duties of a clinical assistant, and has amassed at least 500 hours of work
experience in the capacity of a clinical assistant as of the effective date of
this Rule. In addition, a grandfathered applicant shall take and pass a
refresher proficiency examination administered by or under the authority of the
Board, as described in Paragraph (d) of this Rule. (Note: grandfathered
applications shall only be accepted for 120 days after the effective date of
this Rule.)
(2) Reciprocity Applicants. A reciprocity
applicant shall submit a copy of the applicant's current certification or
registration as a clinical assistant in a state with which North Carolina reciprocates
and shall also submit written confirmation from the state's certifying
authority or registrar that the applicant is in good standing in said state.
(3) New Applicants. A new applicant shall
submit evidence satisfactory to the Board that the applicant has completed an
approved clinical assistant education program as described in Paragraph (c) of
this Rule. A certificate of completion filed with the Board by the program
sponsor shall constitute prima facie evidence that the applicant has
obtained the required education. A new applicant shall also take and pass the
standard proficiency examination administered by or under the authority of the
Board, as described in Paragraph (d) of this Rule.
(c) Education Programs. In order to be approved by the
Board, a clinical assistant education program for new applicants shall be at
least 24 hours in length, of which at least six hours shall be in-person
didactic training with an instructor or instructors who, based on education and
experience, are deemed competent by the Board to teach the portion of the
curriculum they have been assigned. Credit for online coursework shall not
exceed 18 hours, and all online coursework shall precede didactic training. At
a minimum, the education program shall provide sufficient instruction in the
five subjects set forth in G.S. 90-143.4(c) to enable its graduates to satisfy
all applicable standards of care. To obtain approval of an education program,
the program sponsor shall submit to the Board, at least 30 days prior to the
proposed starting date, all instructional materials to be used in the program,
including a syllabus of the didactic training, and a curriculum vitae
for each instructor.
(d) Examinations. The refresher proficiency examination
shall emphasize the practical skills possessed by grandfathered applicants and
shall be available online. The standard proficiency examination for new
applicants shall assess both academic knowledge and practical skills acquired
through education programs and shall be administered in person at least four
times per year on the fourth Saturday in January, April, July and October. In
its discretion, the Board may authorize additional testing sessions based on
the number of applications received. (Note: the refresher proficiency examination
for grandfathered applicants shall be discontinued 120 days after the effective
date of this Rule.)
(e) Certificate Expiration and Renewal. Unless renewed, a
certificate of competency shall expire on June 30th of the second
year following the year in which it was issued. A certificate holder seeking to
renew shall complete a renewal application form provided by the Board
(available at www.ncchiroboard.com) and shall submit evidence satisfactory to
the Board that the applicant has completed six hours of Board-approved
continuing education. A certificate of attendance filed with the Board by the
program sponsor shall constitute prima facie evidence that the applicant
has completed the number of hours recited in the certificate. The applicant
shall pay to the Board a renewal fee in the amount of ten dollars ($10.00).
(f) Lapsed Certificates. If a certificate of competency has
lapsed due to non-renewal and the lapse does not exceed 12 months, the
certificate holder may obtain reinstatement by making up the accrued deficiency
in continuing education. If the lapse is greater than 12 months, no make-up
continuing education shall be required, but the certificate holder shall
re-take and pass the standard proficiency examination for new applicants.
Regardless of the length of lapse, a certificate holder seeking reinstatement
shall pay to the Board a renewal fee in the amount of ten dollars ($10.00).
(g) Exemptions. Graduates of accredited chiropractic
colleges and students enrolled in accredited chiropractic colleges who are
serving college-sponsored preceptorships in North Carolina are deemed by the
Board to have satisfied all requirements imposed by this Rule and are declared
competent to perform the duties of a clinical assistant. Any person who
qualifies for exemption and who works as a clinical assistant in this state for
more than 120 days shall submit an application form to the Board asserting
exempt status (form available at www.ncchiroboard.com) but shall not be
required to submit a certification fee.
History Note: Authority G.S. 90-142; 90-143.4;
Eff. July 1, 2014.
SECTION .0300 ‑ RULES OF UNETHICAL CONDUCT
21 NCAC 10 .0301 RULES OF UNETHICAL CONDUCT
History Note: Legislative Objection Lodged Eff. January
31, 1983;
Statutory Authority G.S. 90‑142; 90‑154;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983;
Curative Amended Eff. February 18, 1983;
Repealed Eff. June 1, 1988.
21 NCAC 10 .0302 ADVERTISING AND PUBLICITY
(a) General. Doctors of Chiropractic shall exercise
restraint in matters of advertising and publicity so as to maintain the dignity
of chiropractic as a recognized profession.
(b) Identification. The terms by which a licentiate may
identify himself professionally are listed in G.S. 90-154.2(4). Terms which do
not indicate that the licentiate is a chiropractor, such as "drugless
physician" or "naturopath", shall not be used. Methods of
professional identification may include:
(1) Signs. Signs may be placed on exterior
doors, windows or walls of the licentiate's office or at entrances to the
building in which his office is located.
(2) Stationery. A licentiate may identify
himself on his stationery and mailing literature using the terms permitted by
this Rule.
(c) Prohibited Advertising. The Board of Examiners deems
the following to be false or misleading advertising in violation of G.S.
90-154(b)(1):
(1) Advertising which purports to guarantee a
beneficial result from chiropractic treatment.
(2) Advertising which promotes a treatment,
therapy or service which the Board of Examiners has found to be unacceptable
care.
(3) Advertising in which the licentiate is
identified as a specialist, unless the licentiate has complied with the
requirements of 21 NCAC 10 .0304 and any reference to the specialty is
immediately preceded by the term "chiropractic." Illustrations: "pediatrics"
standing alone is deemed false or misleading; "chiropractic pediatrics"
conforms to this Rule. "Neurologist" standing alone is deemed false
or misleading; "chiropractic neurologist" conforms to this Rule.
History Note: Authority G.S. 90‑142; 90‑154;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1983; May 8, 1979;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Curative Amended Eff. March 2, 1983;
Amended Eff. November 1, 2007; December 1, 1988.
21 NCAC 10 .0303 SOLICITATION OF AUTO ACCIDENT
VICTIMS
(a) In-Person and Telephone Solicitation of Auto Accident
Victims. In order to protect the public from misrepresentation, coercion or
undue influence, it shall be unlawful for a doctor of chiropractic, or the
doctor's employee, to initiate direct personal contact or telephone contact
with any person who has been injured in a motor vehicle collision, or with any
person residing in the injured person's household, for a period of 90 days following
the collision, if the purpose of initiating contact is, in whole or part, to
solicit the injured person to become a patient of the doctor.
(b) Acceptance of Referrals From Runners. It shall be
unlawful for a doctor of chiropractic to accept as a patient any person injured
in an automobile accident who was referred by a runner. As used in this Rule,
the term "runner" means any person, firm or corporation that
routinely obtains the names of injured persons from motor vehicle accident
reports or other public records and then contacts those persons to induce them
to seek medical or chiropractic treatment or pursue legal claims.
(c) Solicitation of Auto Accident Victims by Mail. A
doctor of chiropractic may solicit persons injured in motor vehicle collisions
at any time through the use of posted communications such as letters,
brochures, information packages and sound or video recordings. The words,
"This is an advertisement for chiropractic services" must appear on
the communication's envelope or mailing container in print large enough to be
easily read.
(d) Nonconforming Solicitation Deemed Unethical Conduct.
Any solicitation of automobile accident victims which does not conform to the
requirements of this Rule shall be considered a violation of the Rules of
Ethics of Advertising and Publicity pursuant to G.S. 90-154.2(5).
History Note: Authority G.S. 90-142, 90-154, 90-154.2;
Eff. September 1, 1994.
21 NCAC 10 .0304 DESIGNATION OF SPECIALTIES
(a) Definitions. For purposes of this Rule, the following
definitions shall apply:
(1) Claim of Specialization: any use of the
designations listed in this Rule or any representation stating or implying
that, by virtue of additional training, a licentiate possesses greater
expertise in any aspect of health care than is possessed by chiropractic
physicians who have not had additional training. The mere recitation of
academic degrees awarded to a licentiate does not constitute a claim of
specialization.
(2) Publication: includes but is not limited to
representations made in a licentiate's advertising, whether printed or
broadcast; written representations appearing on professional stationery,
business cards, curriculum vitae or office signage; and oral representations
made in judicial proceedings.
(b) Recognized Specialties. The Board of Examiners
recognizes only the specialties listed in this Rule. Any published claim of
specialization outside the listed subject areas or any published claim of
specialization made by or at the behest of a licentiate who has not satisfied
all applicable provisions of this Rule constitutes false or misleading
advertising.
(c) Chiropractic Orthopedics. This specialty is designated
by the terms "Diplomate of the American Board of Chiropractic Orthopedics"
("DABCO"), "Diplomate of the Academy of Chiropractic Orthopedics"
("DACO"), "Fellow of the Academy of Chiropractic Orthopedics"
("FACO") or "Chiropractic Orthopedist." In order to claim
chiropractic orthopedics as a specialty, a licentiate shall first:
(1) Complete a post-graduate course of study in
orthopedics at least 300 hours in length and offered by a college approved by
the Council on Chiropractic Education; and
(2) Pass all parts of the DABCO examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DABCO examination, and cause a copy of the DABCO diploma or
its equivalent to be filed with the Board of Examiners.
(d) Chiropractic Radiology. This specialty is designated by
the terms "Diplomate of the American Chiropractic Board of Radiology"
("DACBR") or "Chiropractic Radiologist." In order to claim
chiropractic radiology as a specialty, a licentiate shall first:
(1) Complete a post-graduate course of study in
radiology at least 300 hours in length and offered by a college approved by the
Council on Chiropractic Education; and
(2) Pass all parts of the DACBR examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DACBR examination, and cause a copy of the DACBR diploma or
its equivalent to be filed with the Board of Examiners.
(e) Chiropractic Neurology. This specialty is designated by
the terms "Diplomate of the American Chiropractic Neurology Board" ("DACNB"),
"Diplomate of the International Board of Chiropractic Neurology"
("DIBCN") or "Chiropractic Neurologist." In order to claim
chiropractic neurology as a specialty, a licentiate shall first:
(1) Complete a post-graduate course of study in
neurology at least 300 hours in length and offered by a college approved by the
Council on Chiropractic Education; and
(2) Pass all parts of the DACNB or DIBCN
examination, or all parts of an examination deemed by the Board of Examiners to
be the equivalent of the DACNB or DIBCN examinations, and cause a copy of the
DACNB or DIBCN diploma or their equivalent to be filed with the Board of
Examiners.
(f) Chiropractic Internal Disorders. This specialty is
designated by the terms "Diplomate of the American Board of Chiropractic
Internists" ("DABCI") or "Chiropractic Internist." In
order to claim chiropractic internal disorders as a specialty, a licentiate
shall first:
(1) Complete a post-graduate course of study in
internal disorders at least 300 hours in length and offered by a college
approved by the Council on Chiropractic Education; and
(2) Pass all parts of the DACBI examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DACBI examination, and cause a copy of the DACBI diploma or
its equivalent to be filed with the Board of Examiners.
(g) Chiropractic Pediatrics. This specialty is designated
by the terms "Diplomate of the International Council on Chiropractic
Pediatrics" ("DICCP") or "Chiropractic Pediatrician."
In order to claim chiropractic pediatrics as a specialty, a licentiate shall
first:
(1) Complete a post-graduate course of study in
pediatrics at least 300 hours in length and offered by a college approved by
the Council on Chiropractic Education; and
(2) Pass all parts of the DICCP examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DICCP examination, and cause a copy of the DICCP diploma or
its equivalent to be filed with the Board of Examiners.
(h) Chiropractic Sports Injuries. This specialty is
designated by the terms "Diplomate of the American Chiropractic Board of
Sports Physicians" ("DACBSP") or "Chiropractic Sports
Physician." In order to claim chiropractic sports injuries as a specialty,
a licentiate shall first:
(1) Complete a post-graduate course of study in
sports injuries at least 300 hours in length and offered by a college approved
by the Council on Chiropractic Education; and
(2) Pass all parts of the DACBSP examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DACBSP examination, and cause a copy of the DACBSP diploma or
its equivalent to be filed with the Board of Examiners.
(i) Chiropractic Nutrition. This specialty is designated by
the terms "Diplomate of the American Chiropractic Board of Nutrition"
("DACBN") or "Chiropractic Nutritionist." In order to claim
chiropractic nutrition as a specialty, a licentiate shall first:
(1) Complete a post-graduate course of study in
nutrition at least 300 hours in length and offered by a college approved by the
Council on Chiropractic Education; and
(2) Pass all parts of the DACBN examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DACBN examination, and cause a copy of the DACBN diploma or
its equivalent to be filed with the Board of Examiners.
(j) Chiropractic Rehabilitation. This specialty is
designated by the terms "Diplomate of the American Chiropractic
Rehabilitation Board" ("DACRB") or "Chiropractic
Rehabilitation Specialist." In order to claim chiropractic rehabilitation
as a specialty, a licentiate shall first:
(1) Complete a post-graduate course of study in
rehabilitation at least 300 hours in length and offered by a college approved
by the Council on Chiropractic Education; and
(2) Pass all parts of the DACRB examination, or
all parts of an examination deemed by the Board of Examiners to be the
equivalent of the DACRB examination, and cause a copy of the DACRB diploma or
its equivalent to be filed with the Board of Examiners.
History Note: Authority G.S. 90-142; 90-154;
Eff. November 1, 2007.
SECTION .0400 ‑ RULE‑MAKING PROCEDURES
21 NCAC 10 .0401 PETITIONS FOR ADOPTION OF RULES
(a) General. The procedure for petitioning the Board of
Examiners to adopt, amend or appeal a rule is governed by G.S. 150B‑16.
(b) Submission. Rule‑making petitions shall be sent
to the secretary of the Board. No special form is required, but the petitioner
shall state his name and address. There are no minimum mandatory contents of a
petition, but the Board considers the following information to be pertinent:
(1) a draft of the proposed rule;
(2) the reason for its proposal;
(3) the effect of the proposed rule on existing
rules or decisions;
(4) data supporting the proposed rule;
(5) practices likely to be affected by the
proposed rule;
(6) persons likely to be affected by the
proposed rule.
(c) Disposition. The secretary shall review the petition
and develop a recommendation as to whether the petitioner's proposed rule
should be rejected or implemented. The secretary shall present the petition
and his recommendation to the Board at its next regular meeting following
receipt of the petition, and the Board shall render its decision to either deny
the petition or initiate rule‑making. The Board shall notify the
petitioner of its decision in writing within the 120‑day period set by
G.S. 150B‑16.
History Note: Authority G.S. 90‑142; 150B‑16;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.
21 NCAC 10 .0402 DISPOSITION OF PETITIONS
History Note: Authority G.S. 90‑142; 150A‑16;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0403 PROCEDURE FOR ADOPTION OF RULES
(a) General. The procedure for the adoption, amendment or
repeal of a rule is governed by G.S. 150B‑12.
(b) Notice of Rule‑Making. In addition to the
mandatory publication of notice in the North Carolina Register, the Board, in
its discretion, may also publish notice through its newsletter to licentiates
or by separate mailing. Any person who wishes to receive individual notice
shall file a written request with the secretary and shall be responsible for
the cost of mailing said notice.
(c) Public Hearing. Any public rule‑making hearing
required by G.S. 150B‑12 shall be conducted by the President of the Board
or by any person he may delegate. The presiding officer shall have complete
control of the hearing and shall conduct the hearing so as to provide a
reasonable opportunity for any interested person to present views, data and
comments.
(1) Oral presentations shall not exceed 15
minutes unless the presiding officer, in his discretion, prescribes a greater
time limit.
(2) Written presentations shall be acknowledged
by the presiding officer and shall be given the same consideration as oral
presentations.
History Note: Authority G.S. 150B‑12;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.
21 NCAC 10 .0404 HEARING
History Note: Authority G.S. 150A‑12;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0405 TEMPORARY RULES
History Note: Authority G.S. 150B-13;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988;
Repealed Eff. July 1, 2012.
21 NCAC 10 .0406 DECLARATORY RULINGS
(a) General. The issuance of declaratory rulings by the
Board of Examiners is governed by G.S. 150B‑17.
(b) Request for Declaratory Ruling: Contents. A request
for a declaratory ruling shall be in writing and addressed to the secretary.
The request shall contain the following information:
(1) The name and address of the person making
the request;
(2) The statute or rule to which the request
relates;
(3) A concise statement of the manner in which
the person has been aggrieved by the statute or rule;
(4) A statement as to whether a hearing is
desired, and if desired, the reason therefor.
(c) Refusal to Issue Ruling. The Board shall ordinarily
refuse to issue a declaratory ruling under the following circumstances:
(1) When the Board has already made a
controlling decision on substantially similar facts in a contested case;
(2) When the facts underlying the request for a
ruling were specifically considered at the time of the adoption of the rule in
question;
(3) When the subject matter of the request is
involved in pending litigation in North Carolina.
History Note: Legislative Objection Lodged Eff. January
31, 1983;
Curative Amended Eff. February 28, 1983;
Statutory Authority G.S. 150B‑17;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983.
SECTION .0500 ‑ INVESTIGATION OF COMPLAINTS
21 NCAC 10 .0501 FILING COMPLAINTS
(a) General. Any person who has reason to believe that a
Doctor of Chiropractic has violated the laws governing chiropractic may file a
complaint with the Board of Examiners. Complaints should be filed with the
secretary of the Board of Examiners.
(b) Form of Complaint. Complaints may be formal or
informal, but must be in writing:
(1) Informal Complaints. Any written
communication, construed most favorably to the complainant, which appears to
allege a violation of the laws governing chiropractic shall be considered an
informal complaint.
(2) Formal Complaint. A formal complaint shall
be executed in writing under oath upon a form provided by the secretary. It
shall specify the statute or rule allegedly violated and shall contain a short
statement of the acts or omissions constituting the alleged violation including
the dates of said acts or omissions.
(c) Secretary's Response to Complaints. The secretary
shall review any complaint to determine whether a major or minor violation has
been alleged. If the secretary determines that the alleged violation is minor,
he shall attempt to resolve the complaint by informal communication with the
complainant and the chiropractor complained of. If the secretary determines
that the alleged violation is major, he shall assist the complainant in filing
a formal complaint.
History Note: Authority G.S. 90‑142; 90‑154;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983; December
20, 1979.
21 NCAC 10 .0502 UNLAWFUL PRACTICE
History Note: Authority G.S. 90‑147; 90‑148;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0503 DETERMINATION OF PROBABLE CAUSE
(a) General. Formal complaints shall be investigated by
the Chiropractic Review Committee. The committee shall hold a hearing to
determine whether there is probable cause to believe a violation of the laws
governing Chiropractic has occurred.
(b) Composition of Review Committee. The committee shall
be composed of:
(1) the secretary of the Board of Examiners,
(2) the attorney for the Board of Examiners,
(3) a licentiate selected by the secretary from
among those who, at the most recent election held pursuant to 21 NCAC 10 Rule
.0103(c), were elected candidates for Board membership but were not appointed
to the Board.
(c) Notice of Hearing. The secretary shall provide notice
of the probable cause hearing to the chiropractor complained against by
certified mail at least 15 days in advance of the hearing.
(d) Conduct of Probable Cause Hearing. The probable cause
hearing shall be informal, and the secretary may establish at his discretion
such procedures as are necessary to facilitate examination of the evidence.
The Review Committee may consider evidence at the probable cause hearing which
would not be admissible if offered at the hearing in a contested case.
(e) Action by the Review Committee. After examining the
evidence presented at the probable cause hearing, the Review Committee may
dispose of each charge in the formal complaint as follows:
(1) If no probable cause exists to believe that
a violation of G.S. 90‑154 has occurred, the charge may be dismissed.
(2) If the respondent admits the charge, he may
be directed to cease and desist from commission of those acts which violate the
provisions of G.S. 90‑154.
(3) If a charge is denied and probable cause is
found, or if a charge, while admitted, is of such gravity as to make the
imposition of punitive sanctions appropriate, the complaint shall be presented
to the Board of Examiners for its decision on the merits in accordance with the
statutes governing contested cases.
History Note: Authority G.S. 90‑142; 90‑154;
Eff. December 1, 1988.
21 NCAC 10 .0504 DRUG TESTING
(a) Reasonable Suspicion. The Secretary of the Board may
require a licentiate to submit to drug or blood alcohol testing if there is
reasonable suspicion that the licentiate is consuming drugs or alcohol to such
an extent or with such frequency as to impair the ability to treat patients.
For purposes of this Rule, reasonable suspicion exists when:
(1) The licentiate is cited or arrested on
drug-related criminal charges;
(2) The licentiate admits to the Board or to a
judicial tribunal that the licentiate has abused alcohol or prescription drugs
or consumed illicit drugs; or
(3) The Secretary receives the sworn affidavit
of a credible witness stating that the witness personally observed the
licentiate in the licentiate's chiropractic office during business hours and
the licentiate's behavior was erratic, unprofessional and apparently influenced
by drug or alcohol consumption.
(b) Approved Laboratory. Any drug test required by the
Secretary shall be conducted by an approved laboratory in accordance with the
protocol set forth in Article 20, Chapter 95 of the General Statutes, Controlled
Substance Examination Regulation.
(c) Reporting Results. The results of a licentiate's drug
test shall be reported directly to the Secretary by the laboratory conducting
the test and shall not be disclosed to any person other than the licentiate
except for use as evidence in Board disciplinary actions or when disclosure is
mandated by law.
(d) Right to Dispute Results. In any Board disciplinary
proceeding in which a licentiate's drug test results are introduced into
evidence, including a preliminary hearing before the Chiropractic Review
Committee, the licentiate may dispute the accuracy of the test results.
(e) Effect of Refusal. A licentiate's refusal to submit to
a drug test required by the Secretary pursuant to this Rule shall be considered
the concealment of information about a matter affecting licensure, in violation
of G.S. 90-154(b)(19).
History Note: Authority G.S. 90-142; 90-154;
Eff. October 1, 2009.
SECTION .0600 ‑ CONTESTED CASES
21 NCAC 10 .0601 GENERAL
History Note: Authority G.S. 150B‑2; 90‑154;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0602 RIGHT TO HEARING
(a) Contested Cases. Disciplinary proceedings to enforce
the provisions of G.S. 90‑154 are deemed to be "contested
cases" within the meaning of G.S. 150B‑2, and any licentiate subject
to such proceedings shall be given notice and the opportunity to be heard.
(b) Emergency License Suspension. Nothing within Paragraph
(a) of this Rule shall abridge the right of the Board to take emergency action
to summarily suspend a license prior to hearing pursuant to G.S. 150B‑3(c).
History Note: Legislative Objection Lodged Eff. January
31, 1983;
Curative Amended Eff. February 28, 1983;
Statutory Authority G.S. 150B‑2; 150B‑3;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983.
21 NCAC 10 .0603 NOTICE OF HEARING: ANSWER
History Note: Authority G.S. 150B-38;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Amended Eff. December 1, 1988; January 1, 1983;
Repealed Eff. July 1, 2012.
21 NCAC 10 .0604 REQUEST FOR HEARING
21 NCAC 10 .0605 GRANTING HEARING REQUEST
21 NCAC 10 .0606 NOTICE AFTER REQUEST FOR HEARING
History Note: Authority G.S. 150A‑11; 150A‑23;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0607 LOCATION OF HEARING
21 NCAC 10 .0608 INTERVENTION
History Note: Authority G.S. 90-142; 150B-38;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989;
Repealed Eff. July 1, 2012.
21 NCAC 10 .0609 TYPES OF INTERVENTION
21 NCAC 10 .0610 DISQUALIFICATION OF HEARING OFFICERS
History Note: Authority G.S. 150A‑23; 150A‑32;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0611 SUBPOENAS
History Note: Authority G.S. 90-142; 150B-39;
Eff. January 1, 1989;
Repealed Eff. July 1, 2012.
SECTION .0700 ‑ HEARINGS IN CONTESTED CASES
21 NCAC 10 .0701 FAILURE TO APPEAR
21 NCAC 10 .0702 WRITTEN ANSWERS TO NOTICE
21 NCAC 10 .0703 PRE‑HEARING CONFERENCE
21 NCAC 10 .0704 SIMPLIFICATION OF ISSUES
History Note: Authority G.S. 150A‑25; 150A‑33;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
21 NCAC 10 .0705 SUBPOENAS
History Note: Authority G.S. 150A‑27;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. January 1, 1989.
21 NCAC 10 .0706 CONDUCT OF HEARING
(a) General. Hearings in contested cases shall be
conducted by a majority of the Board. The president shall serve as presiding
officer unless he is absent or disqualified, in which case the vice‑president
shall preside. Hearings shall be conducted as prescribed by G.S. 150B‑40.
(b) Disqualification. An affidavit seeking
disqualification of any Board member, if filed in good faith and in a timely
manner, will be ruled on by the remaining members of the Board. An affidavit
is considered timely if it is filed:
(1) Prior to the hearing; or
(2) As soon after the commencement of the
hearing as the affiant becomes aware of facts which give rise to his belief
that a Board member should be disqualified.
(c) Evidence. The admission of evidence in a hearing on a
contested case shall be as prescribed in G.S. 150B‑41.
History Note: Authority G.S. 150B‑40; 150B‑41;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989.
21 NCAC 10 .0707 DECISION OF BOARD
History Note: Authority G.S. 150B-42;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988;
Repealed Eff. July 1, 2012.
SECTION .0800 ‑ MISCELLANEOUS
21 NCAC 10 .0801 INSTRUCTIONAL PROGRAMS
21 NCAC 10 .0802 RECORDS OF BOARD
History Note: Authority G.S. 90‑143; 90‑148;
90‑155;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.