Section .0100 ‑ Organization Of Board

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 10 - chiropractic examiners/chapter 10 rules.html
Published: 2015

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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Repealed Eff.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.