21.8021.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2060
of North Dakota
Introduced by
Industry, Business and Labor Committee
(At the request of the State Board of Chiropractic Examiners)
1 A BILL for an Act to amend and reenact sections 43-06-01, 43-06-02, 43-06-04, 43-06-04.1,
2 43-06-05, 43-06-08, 43-06-09, 43-06-10.1, 43-06-11, 43-06-13, 43-06-15, 43-06-16, 43-06-16.1,
3 and 43-06-18 of the North Dakota Century Code, relating to the state board of chiropractic
4 examiners and the practice of chiropractic; and to repeal sections 43-06-10 and 43-06-12 of the
5 North Dakota Century Code, relating to the state board of chiropractic examiners and the
6 practice of chiropractic.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 43-06-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 43-06-01. Definitions.
11 In this chapter, unless the context or subject matter otherwise requires:
12 1. "Approved and accredited doctor of chiropractic program" means a doctor of
13 chiropractic program approved by the board and accredited by a board-approved
14 entity, such as the council on chiropractic education or its successor or equivalent.
15 2. "Board" means the state board of chiropractic examiners.
16 2.3. "Certified chiropractic clinical assistant" means an individual certified by the board who
17 in accordance with section 43-06-16.1 assists with basic health care duties in the
18 practice of chiropractic under the supervision of a licensed doctor of chiropractic in
19 good standing with the board.
20 3.4. a. "The practice of chiropractic" includes:
21 (1) The examination, evaluation, and diagnosis by means including x-ray, other
22 appropriate diagnostic imaging, clinical laboratory procedures, or pertinent
23 examinations taught by chiropractic colleges accredited by the council on
24 chiropractic education or its successor or equivalent;
Page No. 1 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 (2) The treatment of patients by means of the adjustment or manipulation of the
2 spinal column, the vertebral articulations, the appendicular skeleton not
3 excluding the skull, and of any displaced tissue of any kind or nature;
4 (3) The practice of physiotherapy, electrotherapy, or hydrotherapy;
5 (4) All other procedures, treatments, and interventions taught by chiropractic
6 colleges accredited by the council on chiropractic education or its
7 successor;
8 (5) The rating and reporting of any permanent impairment of function and the
9 providing of professional opinions regarding any matter included in this
10 definition of practice of chiropractic as set out herein; and
11 (6) Delegation of basic health care duties in the practice of chiropractic to a
12 certified chiropractic clinical assistant.
13 b. The practice of chiropractic does not include prescribing for, removal of, or
14 administering to any person any medicine or drug to be taken internally which is
15 now or hereafter included in materia medica, nor performing any surgery, except
16 as is provided in this section, nor practicing obstetrics.
17 5. "Telehealth" means the use of electronic communications to provide and deliver
18 chiropractic related information and chiropractic services, including chiropractic related
19 information and services, over any distance. Telehealth encompasses chiropractic
20 care and chiropractic promotion activities, including education, advice, reminders,
21 interventions, and the monitoring of interventions.
22 SECTION 2. AMENDMENT. Section 43-06-02 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 43-06-02. Who exempt from the provisions of this chapter.
25 This chapter does not apply to:
26 1. Chiropractors from the District of Columbia, or other states, territories, or countries
27 who are in actual consultation in this state.
28 2. Students duly enrolled in a college of chiropractic approved and accredited by the
29 council on chiropractic education, or its successor or equivalent, who have completed
30 chiropractic studies and who are continuing their training under a preceptorship
31 program and performing the duties of an intern under the supervision of a chiropractor
Page No. 2 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 licensed in the state of North Dakota who has received approval to supervise such
2 internship by the board and said students having received approval to participate in
3 such internship by the board and by the chiropractic college or university.
4 3. A graduate of any approved and accredited college of chiropractic who has for the first
5 time made application for license by examination to practice chiropractic in the state of
6 North Dakota, and who, under the supervision of a North Dakota licensed chiropractor,
7 performs the duties of an intern, provided that a supervising chiropractor has certified
8 to the board that the graduate is of good character and competent chiropractic ability.
9 Theenrolled in an approved and accredited doctor of chiropractic program, who qualify
10 for the preceptorship program. Under this exception:
11 a. The student shall perform the duties of an intern under the supervision of a
12 chiropractor licensed in the state of North Dakota.
13 b. The student and the licensed chiropractor shall meet the requirements
14 established for the preceptorship by an approved and accredited doctor of
15 chiropractic program and must be approved by the program and by the board.
16 3. A graduate of a program who has not completed the examination requirements in
17 section 43-06-10.1 who applies for a graduate internship under this exception:
18 a. The graduate, under the supervision of a North Dakota licensed chiropractor,
19 shall perform the duties of an intern.
20 b. The graduate shall submit an initial application for North Dakota licensure.
21 c. The graduate must be sponsored by a chiropractor with a current and valid North
22 Dakota license in good standing, including no active complaints, with at least
23 three years of experience.
24 d. The graduate and the license holder shall provide proof of malpractice insurance.
25 e. The graduate intern authorization granted by the board terminates within fifteen
26 months from the date issued by the board.
27 4. Nothing in this chapter is to be construed to impinge upon the practice of medicine by
28 a physician and surgeon or an osteopathic physician and surgeon who has adequate
29 training in the use of manipulative and adjustive procedures of the spine and
30 appendicular skeleton.
Page No. 3 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 5. A chiropractor who is licensed in another jurisdiction of the United States or
2 credentialed to practice chiropractic in another country if that chiropractor is teaching,
3 demonstrating, or providing chiropractic in connection with teaching or participating in
4 an educational seminar in the state for no more than sixty days in a calendar year.
5 6. A chiropractor who is licensed in another jurisdiction of the United States or
6 credentialed to practice chiropractic in another country if that chiropractor is practicing
7 chiropractic in North Dakota as a member of the health care team for a sports, cultural,
8 or performing arts group. Treatment may only be performed on members of the team
9 or group the chiropractor is traveling with, for no more than sixty days in a calendar
10 year.
11 SECTION 3. AMENDMENT. Section 43-06-04 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 43-06-04. Board of chiropractic examiners - Members - Term of office.
14 1. Each member of the board shall qualify by taking the oath of office required of civil
15 officers and shall hold office for a term of five years and until the member's successor
16 is appointed and qualified. The terms of office of the members of the board must be so
17 arranged that only one term expires on the thirty-first day of August of any year except:
18 a. Every fifth year, the governor shall appoint a doctor of chiropractic and a certified
19 chiropractic clinical assistant to the board.
20 b. Two yearsOne year after the appointments in subdivision a, the governor shall
21 appoint a doctor of chiropractic and a consumer member to the board.
22 2. A member may not serve for more than two consecutive five-year terms.
23 3. If a member of the board is absent from two consecutive regular meetings, the board
24 may declare a vacancy. Vacancies on the board must be filled by appointment by the
25 governor.
26 SECTION 4. AMENDMENT. Section 43-06-04.1 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 43-06-04.1. Powers and duties of board.
29 1. The board shall administer the provisions of this chapter and the administrative rules
30 of the board relating to the practice of chiropractic. ItThe board has all powers, rights,
31 and duties as provided in chapter 28-32.
Page No. 4 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 2. The board shall verify the qualifications of applicants for licenses to practice
2 chiropractic and of applicants for certification to practice as a certified chiropractic
3 clinical assistant. ItThe board shall examine and renew the licenses or certification of
4 duly qualified applicants.
5 3. The board shall regulate the practice of chiropractic and shall enforce the provisions of
6 this chapter and the rules of the board. The board shall investigate complaints of
7 violations and cause the prosecution of persons violating the provisions of this chapter
8 or the administrative rules of the board. The board may impose a civil penalty not
9 exceeding ten thousand dollars per violation as a result of the disciplinary
10 proceedings.
11 4. The board may appoint a peer review committee and employ such personnel and
12 incur such expenses as may be necessary for the performance of the board's duties
13 and the enforcement of this chapter.
14 5. The board may inspect upon probable cause, at all reasonable times, any chiropractic
15 office or place where chiropractic services are performed.
16 6. The board may set fees for licensure and renewal.
17 7. The board may adopt and amend administrative rules and regulations, consistent with
18 the provisions of this chapter governing the practice of chiropractic and the diagnosis
19 and treatment of patients, the enforcement of this chapter, and proper performance of
20 itsthe board's duties, including:
21 a. A code of ethical conduct governing the practice of chiropractic.
22 b. Requirements, standards, and examinations to determine the intellectual,
23 educational, scientific, technical, and professional qualifications of applicants for
24 license or certification.
25 c. Matters pertaining to the content and conduct of examination.
26 d. Matters pertaining to the operation and registration of chiropractic facilities.
27 e. Matters pertaining to the practice and certification of chiropractic specialties by
28 licensed doctors of chiropractic.
29 f. The quantity, type, and character of postgraduate study to be done by any
30 licensee in order to comply with the provisions of this chapter.
Page No. 5 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 g. Set policies and procedures on what constitutes professional or unprofessional
2 conduct.
3 h. Any other rules or regulations as may be necessary to give this chapter full force
4 and effect.
5 SECTION 5. AMENDMENT. Section 43-06-05 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 43-06-05. Meetings of board - When held - Place of meeting - Quorum - Officers - Seal
8 - Compensation - Expenses - How paid.
9 The board shall hold regular meetings twice yearly at approximate six-month intervals and
10 such special meetings as itthe board may deem necessary. The meetings shallmust be held at
11 such places as the board may designate. ThreeFour members of the board constitute a
12 quorum. At the first meeting of the board of each calendar year, the members of the board shall
13 elect from their membership a president, vice president, and secretary-treasurer. Each shall
14 hold office for one year and until a successor is elected and qualified. The board shall have a
15 seal and may adopt appropriate rules necessary to carry out the provisions of this chapter. A
16 member of the board shall receive compensation in an amount to be fixed by regulation of the
17 board for each day or portion thereofof a day spent in the discharge of duties, such mileage as
18 is provided by section 54-06-09, and must be reimbursed for actual and necessary expenses
19 incurred in the discharge of official duties in accordance with section 44-08-04. In addition to the
20 compensation, expenses, and mileage, the secretary-treasurer of the board is entitled to
21 receive such salary as must be fixed by a resolution of the board adopted at a regular meeting.
22 SECTION 6. AMENDMENT. Section 43-06-08 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 43-06-08. License required - Application - Examination required - Fee.
25 NoA person may not practice chiropractic in this state unless that person has a license from
26 the state board of chiropractic examiners. AnyA person who desires a license shall apply to the
27 board and submit to an examination. Each applicant shall present with the application a diploma
28 from a college of chiropractic accredited by the council on chiropractic education or its
29 successor or equivalent, or a photocopy of the same, or a certificate from the college stating
30 that the applicant is a student in good standing in the student's last trimester, and proof that the
31 applicant has the required qualifications. The board may allow an applicant to take the
Page No. 6 21.8021.01000
 Sixty-seventh
Legislative Assembly
1 examination during the period that the applicant is attending the applicant's last trimester but
2 may not issue a license until the applicant has graduated and has provided the board with a
3 diploma as provided in this section. Before beginning the examination, the applicant shall pay:
4 1. Apply to the board;
5 2. Submit an official transcript of successful completion of all required examinations;
6 3. Submit an official transcript and diploma from an approved and accredited doctor of
7 chiropractic program. The applicant may submit an application while the applicant is
8 enrolled in the applicant's last term but the board may not issue a license until the
9 applicant has graduated and has provided the board with an official transcript and
10 diploma as provided in this section; and
11 4. Pay to the board a fee, to be determined by the board from time to time, of an amount
12 not to exceed five hundred dollars.
13 SECTION 7. AMENDMENT. Section 43-06-09 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 43-06-09. Chiropractor - Qualifications.
16 An applicant for examinationlicensure to practice chiropractic in this state shallmust have a
17 degree from or a certificate proving enrollmentbe enrolled in the last trimesterterm of college
18 received fromat an approved and accredited college of chiropractic. An approved and
19 accredited college of chiropractic within the meaning of this chapter is a college of chiropractic
20 that is approved by the board and accredited by the council on chiropractic education or its
21 successor or equivalentdoctor of chiropractic program.
22 SECTION 8. AMENDMENT. Section 43-06-10.1 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 43-06-10.1. National board examination.
25 The board may in its discretionshall accept all parts of the national board examination in lieu
26 of part of an examination for a license, or its successor or equivalent, providing all other
27 requirements are met.
28 SECTION 9. AMENDMENT. Section 43-06-11 of the North Dakota Century Code is
29 amended and reenacted as follows: