43-06 Chiropractors - North Dakota Statutes

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CHAPTER 43-06CHIROPRACTORS43-06-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the state board of chiropractic examiners.2."The practice of chiropractic" includes:a.The examination, evaluation, and diagnosis by means including x-ray, other
appropriate diagnostic imaging, clinical laboratory procedures, or pertinent
examinations taught by chiropractic colleges accredited by the council on
chiropractic education or its successor;b.The treatment of patients by means of the adjustment or manipulation of the
spinal column, the vertebral articulations, the appendicular skeleton not
excluding the skull, and of any displaced tissue of any kind or nature;c.The practice of physiotherapy, electrotherapy, or hydrotherapy;d.All other procedures taught by chiropractic colleges accredited by the council
on chiropractic education or its successor; ande.The rating and reporting of any permanent impairment of function and the
providing of professional opinions regarding any matter included in this
definition of practice of chiropractic as set out herein.The practice of chiropractic does not include prescribing for or administering to any
person any medicine or drug to be taken internally which is now or hereafter
included in materia medica, nor performing any surgery, except as is provided in this
section, nor practicing obstetrics.43-06-02. Who exempt from the provisions of this chapter. This chapter does notapply to:1.Chiropractors from the District of Columbia, or other states, territories, or countries
who are in actual consultation in this state.2.Students duly enrolled in a college of chiropractic approved and accredited by the
council on chiropractic education, or its successor, who have completed chiropractic
studies and who are continuing their training under a preceptorship program and
performing the duties of an intern under the supervision of a chiropractor licensed in
the state of North Dakota who has received approval to supervise such internship by
the board and said students having received approval to participate in such
internship by the board.3.A graduate of any approved and accredited college of chiropractic who has for the
first time made application for license by examination to practice chiropractic in the
state of North Dakota, and who, under the supervision of a North Dakota licensed
chiropractor, performs the duties of an intern, provided that a supervising
chiropractor has certified to the board that the graduate is of good character and
competent chiropractic ability. The authorization granted by the board terminates
within fifteen months from the date issued by the board.4.Nothing in this chapter is to be construed to impinge upon the practice of medicine
by a physician and surgeon or an osteopathic physician and surgeon who hasPage No. 1adequate training in the use of manipulative and adjustive procedures of the spine
and appendicular skeleton.43-06-03.State board of chiropractic examiners - Members - Appointment -Qualifications.The state board of chiropractic examiners shall consist of five membersappointed by the governor. Each person appointed must:1.Have a license to practice chiropractic in North Dakota.2.Have been a resident of this state and have practiced chiropractic in this state for at
least five consecutive years immediately before appointment to the board.3.Remain a resident of this state and continue in active practice in this state during the
term of office.43-06-04.Board of chiropractic examiners - Members - Term of office.Eachmember of the board shall qualify by taking the oath of office required of civil officers and shall
hold office for a term of five years and until the member's successor is appointed and qualified.
The terms of office of the members of the board must be so arranged that one term and only one
expires on the thirty-first day of August of each year. Vacancies on the board must be filled by
appointment by the governor. When a vacancy occurs on the board by expiration of the term,
death, or resignation of a member, or removal for other cause, the North Dakota chiropractic
association shall nominate, by procedure adopted in the bylaws of said association, to the
governor three qualified persons for each vacancy. The governor shall appoint a member to fill
the vacancy on the board from the three nominees.43-06-04.1. Powers of board.1.The board shall administer the provisions of this chapter and the administrative rules
of the board relating to the practice of chiropractic. It has all powers, rights, and
duties as provided in chapter 28-32.2.The board shall pass upon the qualifications of applicants for licenses to practice
chiropractic. It shall examine and renew the licenses of duly qualified applicants.3.The board shall regulate the practice of chiropractic and shall enforce the provisions
of this chapter and the rules of the board. The board shall investigate complaints of
violations and cause the prosecution of persons violating the provisions of this
chapter or the administrative rules of the board.4.The board may appoint a peer review committee and employ such personnel and
incur such expenses as may be necessary for the performance of the board's duties
and the enforcement of this chapter.5.The board may inspect upon complaint or probable cause, at all reasonable times,
any chiropractic office or place where chiropractic services are performed.6.The board may adopt and amend administrative rules, consistent with the provisions
of this chapter governing the practice of chiropractic and the diagnosis and treatment
of patients, the enforcement of this chapter, and proper performance of its duties,
including:a.A code of ethical conduct governing the practice of chiropractic.b.Requirements, standards, and examinations to determine the intellectual,
educational, scientific, technical, and professional qualifications of applicants for
license.c.Matters pertaining to the content and conduct of examination.Page No. 2d.Matters pertaining to the operation and registration of chiropractic facilities.e.Matters pertaining to the practice and certification of chiropractic specialties by
licensed doctors of chiropractic.f.The quantity, type, and character of postgraduate study to be done by any
licensee in order to comply with the provisions of this chapter.g.Set policies and procedures on what constitutes professional or unprofessional
conduct.43-06-05. Meetings of board - When held - Place of meeting - Quorum - Officers -Seal - Compensation - Expenses - How paid. The board shall hold regular meetings for the
examination of applicants twice yearly at approximate six-month intervals and such special
meetings as it may deem necessary. The meetings shall be held at such places as the board
may designate. Three members of the board constitute a quorum. At the first meeting of the
board of each calendar year, the members of the board shall elect from their membership a
president, vice president, and secretary-treasurer. Each shall hold office for one year and until a
successor is elected and qualified. The board shall have a seal and may adopt appropriate rules
necessary to carry out the provisions of this chapter.A member of the board shall receivecompensation in an amount to be fixed by regulation of the board for each day or portion thereof
spent in the discharge of duties, such mileage as is provided by section 54-06-09, and must be
reimbursed for actual and necessary expenses incurred in the discharge of official duties in
accordance with section 44-08-04. In addition to the compensation, expenses, and mileage, the
secretary-treasurer of the board shall receive such salary as must be fixed by a resolution of the
board adopted at a regular meeting.43-06-06. Fund - How disbursed - Where deposited. Repealed by S.L. 1971, ch. 510,