AS Title 8, Chapter 20: Chiropractors

Article 1. Board of Chiropractic Examiners. Chapter 20. Chiropractors. Sec. 08.20.010. Creation and membership of Board of Chiropractic Examiners. There is created the Board of Chiropractic Examiners consisting of five members appointed by the governor. Sec. 08.20.020. Members of board. Four members of the board shall be licensed chiropractic physicians who have practiced chiropractic in this state not less than two years. One member of the board shall be a person with no direct financial interest in the health care industry. Each member serves without pay but is entitled to per diem and travel expenses allowed by law. Sec. 08.20.025. Removal of board members. A member of the board may be removed from office by the governor for cause. Sec. 08.20.030. Members' terms; vacancies. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035 .] Sec. 08.20.040. Organization of board. Every two years, the board shall elect from its membership a president, vice president and secretary. Sec. 08.20.050. Power of officers to administer oaths and take testimony. The president and the secretary may administer oaths in conjunction with the business of the board. Sec. 08.20.055. Board regulations. The board shall adopt regulations necessary to effect the provisions of this chapter, including regulations establishing standards for (1) continuing education; (2) the application, performance, and evaluation of chiropractic core methodology; (3) the training, qualifications, scope of practice, and employment of chiropractic interns and chiropractic preceptors; (4) the designation of one or more nationally recognized certification programs for chiropractic clinical assistants; and (5) the performance of patient examinations authorized under AS 08.20.100 (b). Sec. 08.20.060. Seal. The board shall adopt a seal and affix it to all licenses issued. Secs. 08.20.070 — 08.20.080. Secretary; records; reports and accounts of board. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.20.090. Quorum of board. A majority of the board constitutes a quorum for the transaction of business. Article 2. Licensing and Regulation. Sec. 08.20.100. License to practice chiropractic. (a) A person may not practice chiropractic or use chiropractic core methodology in the state without a license. (b) A person licensed under this chapter may (1) analyze, diagnose, or treat the chiropractic condition of a patient by chiropractic core methodology or by ancillary methodology; (2) accept referrals for treatment by chiropractic core methodology or by ancillary methodology; (3) consult on chiropractic matters; (4) refer patients to other health care professionals; (5) perform, within the scope of chiropractic practice, physical examinations of children for school physical examinations and preparticipation physical examinations for sports and school activities; (6) sign (A) reports for excuses from employment and from attendance at school or participation in sports activities; and (B) authorizations for sick leave; (7) perform preemployment and workplace health examinations; (8) provide disability and physical impairment ratings; (9) provide retirement health and disability authorizations and recommendations; (10) employ nationally certified chiropractic clinical assistants; and (11) employ chiropractic interns and chiropractic preceptors. (c) A person licensed under this chapter is not authorized to sign affidavits exempting school children from immunization requirements under AS 14.30.125 or to administer or interpret the results of infectious disease tests required by statute or regulation. (d) This section does not apply to a chiropractic intern who is acting within the scope of practice authorized by the board and is under the personal supervision of a licensed chiropractor. Sec. 08.20.110. Application for license. A person desiring to practice chiropractic shall apply in writing to the board. Sec. 08.20.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.] Sec. 08.20.120. Qualifications for license. (a) An applicant shall be issued a license to practice chiropractic if the applicant (1) has a high school education or its equivalent; (2) has successfully completed at least two academic years of study in a college of liberal arts or sciences or has engaged in the active licensed practice of chiropractic for three of the four years preceding the filing of the application; (3) is a graduate of a school or college of chiropractic that (A) is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or (B) if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including (i) 150 hours of chiropractic philosophy or principles; (ii) 1200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology; (iii) 1400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and (iv) 700 hours of clinical training; (4) completes 120 hours of formal training in physiological therapeutics; (5) passes an examination given by the board; and (6) passes, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board. (b) [Repealed § 2 ch 93 SLA 1996.] Sec. 08.20.130. Examinations. (a) Examinations for a license to practice chiropractic may be held in the time and manner fixed by the board. (b) The examination may include practical demonstration and oral and written examination in those subjects usually taught in accredited chiropractic schools. (c) A general average rating of 75 percent is a passing grade on the examination. (d) An applicant may take a reexamination within one year after failing the examination. Sec. 08.20.135. Associate. [Repealed, § 13 ch 162 SLA 1980.] Sec. 08.20.140. Licensure by credentials. [Repealed, § 2 ch 93 SLA 1996.] Sec. 08.20.141. Licensure by credentials. The board may issue a license by credentials to an applicant who pays the appropriate fee and presents satisfactory proof that the applicant (1) is a graduate of a school or college of chiropractic that (A) is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or (B) if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including (i) 150 hours of chiropractic philosophy or principles; (ii) 1,200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology; (iii) 1,400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and (iv) 700 hours of clinical training; (2) has held a license in good standing to practice chiropractic in another jurisdiction for the five years preceding the date of application; for purposes of this paragraph, “good standing” means that (A) no action has been reported about the applicant in the national licensee database of the Federation of Chiropractic Licensing Boards; (B) the applicant has not, within the five years preceding the date of application, been the subject of an unresolved review or an adverse decision based on a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a foreign, state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant's ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and (C) the applicant has not been convicted of a felony within the five years preceding the date of application; (3) has been in active licensed clinical chiropractic practice for at least three of the five years immediately preceding the date of application; (4) has passed, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board; (5) has passed an examination approved by the board that is designed to test the applicant's knowledge of the laws of the state governing the practice of chiropractic and the regulations adopted under those laws; and (6) has completed 120 hours of formal training in physiological therapeutics or has passed, to the satisfaction of the board, a physiological therapeutics examination of the National Board of Chiropractic Examiners required by the board. Sec. 08.20.150. Recording of license. [Repealed, § 7 ch 37 SLA 1986.] Sec. 08.20.155. Professional designation. Notwithstanding the provisions of AS 08.02.110 relating to specialist designations, a person licensed under this chapter may not designate a specialty unless the person has completed a postgraduate specialty program at an accredited school approved by the board and the person has passed a certification exam for the specialty approved by the board. All specialty designations must include the term “chiropractic.” Sec. 08.20.160. Temporary permits. Temporary permits may be issued to qualified applicants until the next regular meeting of the board. Sec. 08.20.163. Temporary permit for locum tenens practice. (a) The board may grant a temporary permit to a chiropractor for the purpose of the chiropractor's substituting for another chiropractor licensed in this state. The permit is valid for 60 consecutive days. If circumstances warrant, an extension of the permit may be granted by the board. (b) A chiropractor applying under (a) of this section shall pay the required fee and shall meet the (1) requirements of AS 08.20.120 ; or (2) following requirements: (A) submit evidence of a current license in good standing, including (i) no action reported in the national licensee database of the Federation of Chiropractic Licensing Boards; (ii) not having been, within the five years preceding the date of application, the subject of an unresolved review or an adverse decision based upon a complaint, investigation, review procedure, or disciplinary proceeding undertaken by a state, territorial, local, or federal chiropractic licensing jurisdiction, chiropractic society, or law enforcement agency that relates to criminal or fraudulent activity, chiropractic malpractice, or negligent chiropractic care and that adversely reflects on the applicant's ability or competence to engage in the practice of chiropractic or on the safety or well-being of patients; and (iii) no conviction for a felony within the five years preceding the date of application; (B) submit evidence of five years of active licensed clinical practice; (C) be a graduate of a school or college of chiropractic that is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; (D) have completed 120 hours of formal training in physiological therapeutics or have passed, to the satisfaction of the board, a physiological therapeutic examination of the National Board of Chiropractic Examiners required by the board; (E) have passed, to the satisfaction of the board, Parts I and II of the examination of the National Board of Chiropractic Examiners; and (F) pass an examination given by the board. (c) Permits and extensions of permits issued under this section to an individual are not valid for more than 240 days during any consecutive 24 months. Sec. 08.20.165. Inactive license status. (a) A licensee who does not practice in the state may convert a license to inactive status when renewing the license. A person who practices in the state, however infrequently, shall hold an active license. A person renewing an inactive license shall meet the same renewal requirements that would be applicable if the person were renewing an active license. (b) A person who has an inactive license certificate under (a) of this section may reactivate the license by applying for an active license and paying the required fees. Sec. 08.20.167. Retired license status. (a) Upon retiring from practice and upon payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice chiropractic in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from continuing education requirements adopted by the board under AS 08.20.170 (d). (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria, as determined under regulations of the board, that may include submission of continuing education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the board, and a review of information in the national licensee database of the Federation of Chiropractic Licensing Boards. Sec. 08.20.168. Chiropractic clinical assistant. (a) Enrollment in or completion of a nationally recognized certification program under AS 08.20.055 (4) is required to practice as a chiropractic clinical assistant in this state. (b) A person who meets the requirement under (a) of this section may, under the general supervision of a person licensed under this chapter, (1) perform diagnostic imaging studies; (2) use ancillary methodologies; and (3) perform procedures. Sec. 08.20.170. Disciplinary sanctions; refusal to issue or renew license. (a) The board may impose a disciplinary sanction on a person licensed under this chapter or refuse to issue a license under this chapter when the board finds that the person (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of (A) a felony or other crime that affects the person's ability to practice competently and safely; or (B) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs; (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards established by regulation regardless of whether actual injury to the patient occurred; (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board; (7) continued or attempted to practice after becoming unfit due to (A) professional incompetence; (B) addiction or severe dependency on alcohol or a drug that impairs the person's ability to practice safely; (C) physical or mental disability or an infectious or contagious disease; (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; or (9) failed to satisfy continuing education requirements adopted by the board. (b) AS 44.62 (Administrative Procedure Act) applies to any action taken by the board for the suspension or revocation of a license. (c) A person whose license is suspended or revoked may within two years from date of suspension apply for reinstatement, and if the board is satisfied that the applicant should be reinstated, it shall order reinstatement. (d) The board shall adopt regulations that ensure that renewal of license is contingent on proof of continued competency by a practitioner. Sec. 08.20.175. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075 .] Sec. 08.20.180. Fees. (a) An applicant for an examination, reexamination, issuance of a temporary permit under AS 08.20.160 , issuance of a locum tenens permit under AS 08.20.163 , issuance of a license by credentials under AS 08.20.141 , one-time issuance of a retired status license, or initial issuance or renewal of an active or inactive license shall pay a fee established under AS 08.01.065 . (b) [Repealed, § 24 ch 22 SLA 2001.] Sec. 08.20.185. Utilization review committee; confidentiality. (a) The board may establish a utilization review committee to review complaints concerning the reasonableness or appropriateness of care provided, fees charged, or costs for services rendered by a licensee to a patient. A review conducted by a utilization review committee under this section may be used by the board in considering disciplinary action against a licensee, but the results or recommendations of a utilization review committee are not binding on the board. A member of a utilization review committee established under this section who in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation. (b) The board shall charge a complainant a fee, established under AS 08.01.065 , for utilization review under this section. (c) Patient records presented to a utilization review committee for review under this section that were confidential before their presentation to the committee are confidential to the committee members and to the board members and are not subject to inspection or copying under AS 40.25.110 - 40.25.125. A committee member or board member to whom confidential records are presented under this subsection shall maintain the confidentiality of the records. A person who violates this subsection is guilty of a class B misdemeanor. Sec. 08.20.190. Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.] Sec. 08.20.195. Limitation of practice. A person licensed under this chapter or a person who is practicing as a chiropractic intern, chiropractic clinical assistant, or chiropractic preceptor under this chapter may act only within the scope of practice authorized by the board. Article 3. Unlawful Acts and Penalties. Sec. 08.20.200. Unlicensed practice. A person who practices chiropractic in the state without a license in violation of AS 08.20.100 is guilty of a class A misdemeanor and may be punished as provided in AS 12.55 . Sec. 08.20.210. Fraudulent licenses and certificates. A person who obtains or attempts to obtain a chiropractic license or provides the board with evidence that the person is nationally certified to practice as a chiropractic clinical assistant by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a chiropractic license or chiropractic clinical assistant certificate issued by a nationally recognized certification program is guilty of a class A misdemeanor and is punishable as provided in AS 12.55 . Article 4. General Provisions. Sec. 08.20.220. Chiropractic defined. [Repealed, § 13 ch 60 SLA 1988.] Sec. 08.20.230. Practice of chiropractic. The practice of chiropractic (1) addresses ramifications of health and disease with a special emphasis on biomechanical analysis, interpretation and treatment of the structural and functional integrity of skeletal joint structures, and the physiological efficiency of the nervous system as these matters relate to subluxation complex; and (2) involves the diagnosis, analysis, or formulation of a chiropractic diagnostic impression regarding the chiropractic conditions of the patient to determine the appropriate method of chiropractic treatment. Sec. 08.20.900. Definitions. In this chapter, (1) “ancillary methodology” means employing within the scope of chiropractic practice, with appropriate training and education, those methods, procedures, modalities, devices, and measures commonly used by trained and licensed health care providers and includes (A) physiological therapeutics; and (B) counseling on dietary regimen, sanitary measures, physical and mental attitudes affecting health, personal hygiene, occupational safety, lifestyle habits, posture, rest, and work habits that enhance the effects of chiropractic adjustment; (2) “board” means the Board of Chiropractic Examiners; (3) “chiropractic” is the clinical science of human health and disease that focuses on the detection, correction, and prevention of the subluxation complex and the employment of physiological therapeutic procedures preparatory to and complementary with the correction of the subluxation complex for the purpose of enhancing the body's inherent recuperative powers, without the use of surgery or prescription drugs; the primary therapeutic vehicle of chiropractic is chiropractic adjustment; (4) “chiropractic adjustment” means the application of a precisely controlled force applied by hand or by mechanical device to a specific focal point of the anatomy for the express purpose of creating a desired angular movement in skeletal joint structures in order to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex; “chiropractic adjustment” utilizes, as appropriate, short lever force, high velocity force, short amplitude force, or specific line-of-correction force to achieve the desired angular movement, as well as low force neuro-muscular, neuro-vascular, neuro-cranial, or neuro-lymphatic reflex technique procedures; (5) “chiropractic clinical assistant” means a person who works under the general supervision of a person licensed under this chapter and who is (A) enrolled in a nationally recognized certification program that certifies chiropractic clinical assistants; or (B) certified by a national organization that certifies chiropractic clinical assistants; (6) “chiropractic core methodology” means the treatment and prevention of subluxation complex by chiropractic adjustment as indicated by a chiropractic diagnosis and includes the determination of contra-indications to chiropractic adjustment, the normal regimen and rehabilitation of the patient, and patient education procedures; chiropractic core methodology does not incorporate the use of prescription drugs, surgery, needle acupuncture, obstetrics, or x-rays used for therapeutic purposes; (7) “chiropractic diagnosis” means a diagnosis made by a person licensed under this chapter based on a chiropractic examination; (8) “chiropractic examination” means an examination of a patient conducted by a person licensed under this chapter, or by a chiropractic clinical assistant or chiropractic intern under the supervision of a person licensed under this chapter, for the express purpose of ascertaining whether symptoms of subluxation complex exist and consisting of an analysis of the patient's health history, current health status, results of diagnostic procedures, including x-ray and other diagnostic imaging devices, and postural, thermal, physical, neuro-physical, and spinal examinations that focuses on the discovery of (A) the existence and etiology of disrelationships of skeletal joint structures; and (B) interference with normal nerve transmission and expression; (9) “chiropractic intern” means a person who is engaged in the practice of chiropractic while under the personal supervision of a person licensed under this chapter for the purpose of obtaining practical experience for licensure as a chiropractor; (10) “chiropractic preceptor” means a person who is licensed under this chapter and who participates in the instruction and training of chiropractic interns. (11) “manipulation” means an application of a resistive movement by applying a nonspecific force without the use of a thrust, that is directed into a region and not into a focal point of the anatomy for the general purpose of restoring movement and reducing fixations; (12) “physiological therapeutics” means the therapeutic application of forces that induce a physiologic response and use or allow the natural processes of the body to return to a more normal state of health; physiological therapeutics encompasses the diagnosis and treatment of disorders of the body, utilizing (A) manipulation; (B) the natural healing forces associated with air, cold, heat, electricity, exercise, light, massage, water, nutrition, sound, rest, and posture; (C) thermotherapy, cryotherapy, high frequency currents, low frequency currents, interferential currents, hydrotherapy, exercise therapy, rehabilitative therapy, meridian therapy, vibratory therapy, traction and stretching, bracing and supports, trigger point therapy, and other forms of therapy; (13) “subluxation complex” means a biomechanical or other disrelation or a skeletal structural disrelationship, misalignment, or dysfunction in a part of the body resulting in aberrant nerve transmission and expression.