PART ONE PRELIMINARY DEFINITIONS
A.
BOARD. The Arkansas State
Board of Chiropractic Examiners.
B.
RULES. Those acts, statements or definitions by which the
Chiropractic profession is governed or regulated in conduct, actions or
practice.
C.
RULES.
Those procedures by which the Board exercises its authority and
responsibility and conducts its affairs.
PART TWO RULES
A.
APPLICATIONS FOR STATE BOARD
EXAMINATIONS AND LICENSURE.
1.
Pre-Professional Education Requirements.
(a) Two year college requirements after July
1, 1971. This Board construes Arkansas Statute
17-81-305(2)
to mean that the two (2) years of pre-professional college study in the field
of science shall not be less than sixty (60) semester hour credits (or its
equivalent in quarter hours) toward a degree and be successfully completed in a
recognized Liberal Arts College or University, thirty (30) hour credits of
which shall be in one or more of the pure science subjects such as biology,
zoology, chemistry, mathematics or other like subjects. This Board shall not
accept less than a "C" average in pre-professional college.
2.
Approved Chiropractic
Education.
(a) Approved colleges of
chiropractic. All applicants for examination for licensure to practice
chiropractic in the State of Arkansas, who has matriculated at a Chiropractic
College after September 1, 1971, must present evidence of having been graduated
from a chiropractic college having status with the accrediting commission of
the Council of Chiropractic Education (CCE), or similar criteria as determined
by, and at the discretion of, this Board.
(b) This Board adopts clinical competency
guidelines similar to CCE quantitative assessment delineations.
(c) This Board may disapprove any college
whose academic requirements appear to be deficient in the basic science or
diagnostic fields.
(d) This Board
will not accept for examination any person who is not adequately trained in
basic diagnostic methods and related fields, including the field of
roentgenology.
(e) An applicant
must possess a valid National Board certificate to include Parts I, II and the
Physiological Therapeutics elective section and, on and after January 1, 1990,
possess a valid National Board certificate to include Parts I, II and III and
the Physiological Therapeutics elective section and include one hundred twenty
(120) classroom hours of physiological therapeutics. On or after July 1, 2016
an applicant must possess a valid National Board certificate to include Parts
I, II, III, IV and Physiological Therapeutics elective section and include one
hundred twenty (120) classroom hours of physiological therapeutics. The Board
accepts the National Board recommended passing score of 375.
(f) An approved applicant will be permitted
to sit for this Board's examination provided the applicant's date of graduation
from chiropractic college precedes the date of the next regularly-scheduled
examination by no more than six (6) months.
(g) Nothing in this provision shall be
construed to supersede the current Chiropractic Practices Act, which invests
this Board with the responsibility for approval of any college, which is
authorized by law to issue the doctorate degree in chiropractic.
3.
Application to the Board
for Examination or Licensure.
(a)
Applicants responsible for complete credentials. It shall be the responsibility
of the applicant to furnish the necessary credentials as the Board deems
necessary or as required by law. Submission of credentials does not mean
automatic acceptance for examination.
(b) All credentials other than the National
Board Part IV score must be in the hands of the Executive Director, with a
postmark and or electronic receipt from the National Board of Chiropractic
Examiners no later than forty-five (45) days before the intended examination
date. The National Board Part IV score must be in the hands of the Executive
Director with the postmark and or electronic receipt from the National Board of
Chiropractic Examiners no later than seven (7) days before the examination
date. Incomplete applications will not be considered and will be returned by
the Executive Director with the notation "Application Incomplete."
(c) The Board's decision at the time of the
credentials survey shall be final for that examination.
(d) Effective January 1, 2008, every person
applying for a license issued by the Board shall provide written authorization
to the Board to allow the Identification Bureau of the Arkansas State Police to
release the results of a criminal history background check to the Board. Each
applicant shall complete a state fingerprint card in the presence of a law
enforcement officer, and shall have that officer sign the card, giving his/her
jurisdiction, the date, and his/her badge number. The applicant shall be
responsible for payment of all fees associated with the background
check.
(e) Each applicant will be
notified by the Board as to his/her acceptability for examination by notice
mailed not more than fourteen (14) days after the Board has met to review and
pass on said applicants.
(f) Upon
denial for cause, the applicant shall have the right to petition the Board for
a hearing to prove his/her qualifications, with the burden of proof, at such
hearing to rest with the applicant.
(g) If this Board deems it necessary, it may,
at any time prior to licensure, require applicant to supply to the Board's
satisfaction such further information or documents necessary to establish the
applicant's qualifications.
5.
Transfer of License. A Doctor
of Chiropractic who has continuously held an active license in good standing in
another state or jurisdiction for a period of five (5) years may apply for
transfer of license and licensure in Arkansas at the Board's option on an
individual basis and by a majority vote, provided, the Doctor:
(a) submits an application to the
Board;
(b) has passed either (1)
the National Board, Part IV Examination, (2) the National Board SPEC
Examination;
(c) has passed the
Board's Arkansas Jurisprudence Examination;
(d) has attended the Board's New Doctor
Orientation Session, or agrees to attend the next scheduled Session and does in
fact attend the Session; and
(e)
complies with all other requirements for maintaining a license in Arkansas and
no other reason exists that would warrant a suspension or revocation of
licensure, including CIN-BAD review.
B.
PROCEDURES FOR STATE BOARD
JURISPRUDENCE EXAMINATIONS.
1. All
applicants for licensure, shall be required to take and pass the Arkansas State
Board of Chiropractic Examiners jurisprudence examination. The exam may be
provided, online, through the National Board of Chiropractic
Examiners.
C.
PROFESSIONAL CONDUCT
1.
Aiding Unlicensed Practitioners.
(a) It is considered unprofessional conduct
as described in Arkansas Statute §72-441, paragraph (a)(6) for any licensee of
this Board to aid or abet in the practice of chiropractic within the State of
Arkansas, any person not licensed in this state or whose license to practice
chiropractic is under suspension or revocation.
(b) The practicing of chiropractic within the
State of Arkansas as a partner, agent, or employee of, or in any other manner
in joint venture with a person not licensed to practice chiropractic by this
State, or any person whose license to practice chiropractic has been suspended
or revoked shall be deemed unprofessional conduct.
(c) Nothing in this section is intended to
prohibit or prevent professional affiliation in any legitimate manner with duly
licensed or registered institutions, hospitals, or nursing homes, or the
practicing of chiropractic in association with other health care professionals
who are themselves duly licensed or registered by this State.
2.
Unprofessional acts.
The following acts or activities by a licensee of this Board are
considered to constitute unprofessional conduct and grounds for disciplinary
action.
(a) Fraud in procuring a
license.
(b) The performance of any
action designed to, or likely to, deceive, defraud or harm the
public.
(c) Violating any rule or
law or being party to or aiding and abetting the violation of the rules of this
Board or the laws of the State of Arkansas regulating the practice of
chiropractic.
(d) The intentional
or negligent use of any false, fraudulent or forged statement, writing or
document, or the use of any fraudulent, deceitful, dishonest or immoral
practice:
(i) in connection with any of the
licensing requirements for the practice of chiropractic in Arkansas;
or
(ii) in connection with any
communication with the Board office.
(e) Conviction of a felony for violations of
any law of the State of Arkansas, another State, or of the United
States.
(f) Habitual intoxication
or personal use of unprescribed controlled or habit-forming drugs.
(g) Practicing chiropractic while any
impairment of judgment or ability exists due to the use of alcohol or other
drugs which prevent the rendering of competent professional services.
(h) Violating any term of probation or
suspension.
(i) Abandoning or
neglecting a patient under and in need of immediate professional care without
making suitable arrangements for the continuation of such care and, if need be,
by another chiropractic physician, or the abandoning of a professional group or
solo practice.
(j) Failing to
exercise appropriate supervision over persons who are authorized to render
certain services under the supervision of the licensed professional.
(k) Willfully making or filing a false
report, whether it be an insurance report, death certificate, work excuse, or
any other report dealing with public health, or willfully impeding or
obstructing such filing of accurate data.
(l) Using the word 'Doctor' in offering to
perform professional services without also indicating the profession in which
the licensee holds a doctorate.
(m)
Direct solicitation that is false, misleading or deceptive by agents of the
licensee or knowingly soliciting a patient that is already a patient of another
chiropractic physician. Nothing herein is intended to prohibit public relations
or advertising by the chiropractic physician or by their use of public
relations or advertising firms.
(n)
Negligent or reckless practice, or intentional misapplication of practice,
regardless of the degree of injury to the patient.
(o) Failure to keep accurate records which
reflect the diagnosis and treatment of individual patients.
(p) Sexual misconduct.
(1) Sexual Violation -- Comprises
physician-patient sex, whether initiated by the patient or not, and engaging in
any conduct with a patient that is sexual, or may be reasonably interpreted as
sexual, including, but not limited to: sexual intercourse; oral to oral contact
except CPR; touching breasts, genitals, or any sexualized body part for any
purpose other than appropriate examination by treatment or where the patient
has refused or has withdrawn consent; encouraging the patient to masturbate in
the presence of the physician or masturbation by the physician while the
patient is present.
(2) Sexual
Impropriety -- Comprises any behavior, gestures, or expressions that are
seductive or sexually- demeaning to a patient of normal sensibilities;
inappropriate procedures, including, but not limited to, disrobing or draping
practices that reflect a lack of respect for the patient's privacy,
deliberately watching a patient dress or undress, instead of providing privacy
for disrobing; subjecting a patient to an examination in the presence of
students, chiropractic assistants, or other parties without the explicit
consent of the patient or when touching of genitals without the use of gloves;
inappropriate comments about or to the patient, including, but not limited to,
making sexualized or sexually-demeaning comments to a patient, comments about
potential sexual performance during an examination or consultation, except when
the examination or consultation is pertinent to the issue of sexual history or
sexual likes or dislikes when not clinically indicated for the type of
consultation, and making a request to date; initiation by the physician of
conversation regarding the sexual problems, preferences or fantasies of the
physician; kissing of a sexual nature.
(q) Repealed August 13, 2002.
(r) Nothing herein is intended to prohibit
public relations or advertising by chiropractic physicians or by their use of
public relations advertising firms as provided for under Section C,
Subparagraph 2(m) and Section D. (ADVERTISING BY CHIROPRACTIC
PHYSICIANS.)
(s) Paying or
promising to pay, or leading any person to reasonably believe that they would
receive any consideration or anything of value in an attempt to induce such
person or minor under such person's guardianship or parental control to present
to the office of a chiropractic physician as a new patient; or if already a
patient, in connection with any incident of injury that is or may be the basis
of an insurance claim. This provision explicitly includes inducements made
through an agent, procurer, contractor, or employee; this provision does not
prohibit informing members of the public that a chiropractic physician provides
transportation for treating patients.
(t) Failure to conform to the Universal
precautions for preventing the transmission of Human Immuno-deficiency Virus
and Hepatitis B Virus to patients during exposure prone invasive
procedures.
(u) Failure to respond
as required to any communication duly served by the Board upon a
licensee.
3.
Misrepresentation, Fraud, Deception. Any of the following claims
made by a Doctor of Chiropractic, either directly or indirectly, may constitute
deception, fraud, misrepresentation, or be misleading:
(a) Claims that a chiropractic physician's
professional qualifications differ from his or her actual
qualifications.
(b) Claims that a
chiropractic physician is affiliated with any institution, organization or
individual, if the misrepresentation is not fact.
(c) The use of any title, other than that
designated by law or rule, to identify one as a chiropractic
physician.
(d) False, deceptive or
misleading claims relating to professional qualifications or
credentials.
4.
Improper Charges, Fraud. Improper charges constitute a form of
fraudulent and deceptive practice. Without limiting the definition of improper
charges, the following may be considered improper:
(a) Increasing charges when a patient
utilizes a third-party payment program.
(b) Reporting incorrect treatment dates for
the purpose of obtaining payments.
(c) Reporting charges for services not
rendered.
(d) Incorrectly reporting
services rendered for the purpose of obtaining payment, which is greater than
that to which he/she is entitled.
(e) Announcing to the public, individually or
through advertising, marketing, or public relations efforts, prior to the
rendition of services, that payment made by an insurance carrier or a
third-party payer with co-payment or deductible features will be accepted by
the licensee as payment in full, or reduced payment, unless if, at the time the
billing is made, licensee discloses such agreement, services rendered and the
amount billed for each service to both the patient and insurance carrier or
third-party payer. This disclosure must be made on the face of the statement,
or on a label affixed to the statement, by type printed or stamped in legible
characters of at least ten (10) points in height. Provided, however, that this
subsection shall not prohibit a discount, credit or reduction of charges
provided under an agreement between the holder of a license and an insurance
company, health service corporation or health maintenance organization licensed
under the laws of this State; or governmental third-party payment program; or
self-insurance program organized, managed or funded by a business entity for
its own employees or labor organization for its members.
(f) Raising fees for the purpose of
overcoming the deductible provision of an insurance contract.
(g) Over utilization of practice. This is
construed to be treatment, which is excessive in quality or quantity to the
needs of the patient, it being recognized that individual patients require
varying and specifically individual treatment programs.
D.
ADVERTISING BY
CHIROPRACTIC PHYSICIANS. Advertising by chiropractic physicians should
be dignified, ethical and professional, not necessarily limited to, but
preferably of an educational or informative nature or as a statement of basic
fees. Chiropractic physicians have the sole responsibility over the employees
or agents hired, including those hired for advertising/marketing purposes.
1. Advertising/marketing by doctors of
chiropractic should conform to professional standards, and shall be truthful
and not misleading, deceptive, fraudulent or dishonest.
2. Advertising of x-ray services restricted.
Unnecessary exposure to x-rays or other ionizing radiation is considered by all
reputable health agencies and organizations to be potentially hazardous to the
public. Lay persons generally lack the technical knowledge to determine the
need for x-ray examination and must rely upon the training, knowledge and
judgment of the attending physician. This Board therefore considers it to be
unprofessional and not in the public interest for chiropractic physicians to
over-utilize x-ray services. Advertising free x-ray services without
explanation of need or otherwise implying indiscriminate use of x- radiation is
prohibited.
3. Misleading the
public by advertising/marketing or otherwise publicizing a list of various
diseases as being universally curable is prohibited.
4. Limitations to advertising/marketing free
or reduced charges. The offering by doctors of chiropractic in advertisements
or other solicitations to the public of initial services at no charge or at
reduced charges shall be considered misleading or untruthful if, at the time of
such advertised no-charge or reduced-charge visit.
(a) Charges are made to the patient's account
for services not specified in such advertisement or solicitation and which are
provided on the same visit or same day and are hidden to the patient or not
explained in advance to the patient.
(b) The patient and any other person
responsible for payment has the right to refuse to pay or cancel payment or be
reimbursed for payment for any service, examination or treatment which is
performed as a result of and within 72 hours of responding to advertising for
free service examination or treatment unless before any service, examination or
treatment is provided that patient and any other person responsible, for
payment enters into a written agreement consenting to be charged, for said
service, examination or treatment.
(c) Nothing in this rule is meant to prohibit
or restrict the rendering of emergency or acute care provided the above
restrictions are observed.
5. Any person licensed by this Board may not
state or imply by media or printed matter that said licensee is practicing any
procedures not included in the Chiropractic Practices Act.
6. No person licensed by this Board may state
or imply by any advertising or printed matter that said licensee is practicing
any other licensed, regulated or recognized profession unless said licensee is
actually qualified and, where required, licensed or registered to practice such
other profession. (Example: A licensee may not list 'physical therapy' unless
said individual is also licensed as a Registered Physical Therapist.)
7. Limitations to advertising series
treatments. All health care professions recognize that treatment needs vary for
different conditions and treatment plans must be individualized according to
the specific needs of each patient. This Board therefore interprets it to be
deceptive advertising for a chiropractic physician to advertise or otherwise
solicit for patronage in any manner which states or implies a standardized
approach for different conditions, or otherwise may be construed to imply that
a standard of care is being offered which is either below or in excess of that
actually required by the patient. (Example: An advertisement reading similar to
"20 treatments for $xx.xx" might be considered over-utilization of care for a
simple muscle strain).
8.
Testimonial advertising. The use of testimonials, whether single or in groups;
summaries of type of treatment; or examples of treatment as used in the
advertiser's office carry with them an implication that the conditions
described in the advertisement have been or will be helped by the practitioner.
Therefore, before an advertisement is produced, distributed, or displaced, a
practitioner who requests from a patient a testimonial to the treatment or
modalities used by the practitioner must obtain written consent and have a
signed release form from the patient to be kept in the patient's file. The
patient has the right to review the advertisements that use the patient's
statements, likeness, or case summaries before the advertisements are released
for production, distribution, or displaying. Statements made by patients that
are untruthful or misleading may not be used even if the patient made the
statements.
9. Telephone
communication including advertising/marketing. Any agent, procurer, contractor,
or employee communicating with a prospective patient on behalf of a
chiropractic physician shall disclose how the agent, procurer, contractor, or
employee obtained the prospective patient's information. The agent, procurer,
contractor, or employee must communicate his or her legal name and the name of
the particular chiropractic physician on whose behalf the communication is
being made, that he or she is an agent, procurer, contractor, or employee of
the particular chiropractic physician. Unless such communication of the agent,
procurer, contractor, or employee is true and evidence of the same is on file
with the Board, the agent, procurer, contractor, or employee shall not state
that he or she practices or is employed as attorney, insurance adjuster,
chiropractor, and is not employed in the fields of law, health care, law
enforcement, private investigation, or insurance.
(a) When direct in-person solicitation is
made by an agent, procurer, contractor, or employee of the chiropractor, in
addition to the requirements set forth in paragraph 9, the agent, procurer,
contractor, or employee shall show the person being solicited a photo ID with
their legal name and the name of the chiropractic physician on whose behalf the
solicitation is being made, and shall dispense a professional card bearing his
or her legal name, and the name, address, and telephone number of the licensed
chiropractic physician on whose behalf the solicitation is being made. Such
professional card shall be provided to the person being solicited at the
beginning of the encounter, and shall be left with the person regardless of
whether the person being solicited accepts the solicitation request.
(b) The licensee employing an agent,
procurer, contractor, or employee for purposes of soliciting new patients shall
file, in a format approved by the board, a registration form and a copy of the
procurers' driver's license or state issued photo ID before the procurer acts
on the chiropractor's behalf. Each procurer registration shall terminate on
December 31. The chiropractic physician shall register each procurer annually.
The chiropractor is required to provide the board with updated procurer
registration information, should any of it change during the year. All
registered phone numbers and pictures of the procurers will be made public on
the board's website to be as transparent as possible. The chiropractic
physician is responsible to the Board for the content of the contact, including
prohibited statements made or required statements not made, as well as for any
action that is foreseeable in a telephone or in-person encounter.
(1) Telephone solicitation/marketing of
victims of accidental injury and which are conducted on behalf of chiropractic
physicians shall be made in substantial conformance to a written script which
is considered by the Board to have been specifically approved by the
chiropractic physician. The chiropractic physician shall be required to
maintain such scripts for a period of two (2) years following their
utilization. Scripts are to be made available for review upon request by this
Board or its designee.
(2) Agents,
procurers, contractors, or employees of chiropractic physicians who solicit
victims of accidental injury shall keep a log of all solicitation calls made,
including at minimum the name and phone number of the person being solicited,
the date and time of the phone call.
E.
PROFESSIONAL PRACTICES.
1.
Temporary Licenses.
(a) Temporary Licensee Requirements and
Privileges.
(1) Credentials shall include a
completed approved application, including all necessary validated documents, a
final chiropractic college diploma from a chiropractic school or college
holding status with the council on chiropractic education or similar standards
as provided in section 2(a), Article A herein and such other information as
this Board deems necessary. Applicant must complete a Jurisprudence Examination
before approval for a temporary license will be granted.
(2) The temporary license to practice shall
expire at the next scheduled examination. The license is not to exceed six
months, and is renewable by majority vote of the Board.
(3) After a temporary license holder has
received approval from the Board, he may perform any acts or practices that a
licensed Arkansas Chiropractor may do, as long as it is under the supervision
of the supervising Chiropractor who must remain on the premises when these acts
or practices are being performed. (Act 1971 No. 706.P.1392) Statute 72-415 -
72-441.
(4) Upon satisfactory
evidence being submitted to the Board as to an applicant's ability and
integrity and when no regular examination will be held within thirty (30) days
from the date of an application for a temporary license, the board may, if
approved by at least two-thirds (2/3rds) of the membership of the Board, issue
to the applicant a permit to practice until the next regular meeting of the
Board.
(5) If any temporary license
holder is found practicing outside the scope of this certification, the
sponsoring doctor, and the temporary license holder will be subject to
application of Arkansas Statute 72-441.
(b) Supervising Doctor's Requirements.
(1) The supervising doctor must have an
active Chiropractic license of 3 years or longer.
(2) The supervising doctor must not have had
any disciplinary action levied against him by any Board in the past 5
years.
(3) This supervising doctor
may have no more than two (2) temporary license holders under his direct
supervision at one time.
(c) The Board may, at its discretion, issue a
temporary license to a Doctor of Chiropractic who holds a current license in
another state, to practice in Arkansas until his next scheduled examination and
exempt him/her from any supervisory requirement, pursuant to section
E(1)(c).
2.
Chiropractic Aides.
(a) The
chiropractic aide may not render any diagnosis, submit treatment plans to
patients, or in any other way assume responsibility for the management of
patient care.
(b) The chiropractic
aide may not render any manipulative adjustment treatment or spinal
mobilization.
(c) The chiropractic
aide may perform specific testing procedures and/or adjunctive therapeutics
under the order, direction and responsibility of the supervising
doctor.
(d) Chiropractic aides must
obtain a Radiologic Technology License through the Arkansas Department of
Health to perform x-rays. The Consumer-Patient Radiation Health and Safety Act,
Act 1071 of 1999, requires that individuals who use radioactive materials or
medical equipment emitting or detecting ionizing radiation on human beings for
diagnostic or therapeutic purposes, be licensed to do so.
(e) In lieu of obtaining a Radiologic
Technology License under subpart (d), chiropractic aides may obtain
certification through the American Chiropractic Registry of Radiological
Technologists (ACRRT) program upon successfully completing a course of
instruction consisting of didactic classroom hours and examination. The course
must be recommended by the Board. ACRRT recertification requires a minimum of 6
hours of continuing education administered by a state or national organization
approved by the Board for this purpose.
3.
Continuing Education. In
compliance with provisions of the Arkansas Chiropractic Practices Act, each
licensed Doctor of Chiropractic, practicing in this state, must submit to this
Board each year evidence of having satisfactorily completed not less than
twenty-four (24) hours of continuing education, acquired during the preceding
twelve (12) months, at some approved college of chiropractic or at some
approved educational seminar. This may include specific courses of instruction,
including up to twelve (12) hours of preapproved videotaped education, with
on-site Board member supervision, pertinent to the practice of chiropractic, or
courses conducted by the Board.
(a) Courses or
seminars conducted by colleges holding status with the Council on Chiropractic
Education (CCE), or those courses or seminars sponsored by state or national
associations will generally be approved, provided that both the course content
and the instructional staff are in compliance with CCE and this Board's
criteria.
(b) Courses or seminars
taught in conjunction with, or in association with, and not sponsored and
managed by an approved college or association, with their regular faculty and
post-graduate instructors, will not be approved.
(c) Itinerant or for-profit courses or those
conducted by commercial enterprises will not be approved unless conducted by an
association approved by the Board for the teaching of scientific courses
pertaining to the profession.
(d)
Approval of continuing education programs which are not approved by the Council
on Chiropractic Education nor conducted by approved Chiropractic Colleges,
State or National Organizations, shall meet the following
criteria
:
(1) To allow for a
maximum of twelve (12) credit hours.
(2) Courses or programs must be approved by
the Board in advance.
(3) The
course, program, or seminar must be conducted by a recognized and reputable
school, university, hospital, organization or interdisciplinary
organization.
(4) Speakers or
lecturers must be recognized as having expertise in the field of
study.
(5) Course work must be at
the physician level.
(6) Content of
the program must be scientific, recognized by reputable authorities as having
validity, and related to the practice of Chiropractic.
(7) Program or seminar must not be offered by
a group or commercial enterprise, which primarily promotes specific products,
services or equipment. A commercial enterprise may request approval of a
seminar but the course contents and lecturer's expertise would be carefully
scrutinized.
(8) Approval of a
course is for a one-year period and re-application must be made each year.
Approval may be withdrawn at any time if intent of the law and rule of this
Board are not complied with.
(9) If
a commercial enterprise requests approval by this Board, it must consent to
permit attendance at the seminar by an investigative committee of this Board at
no cost to the Board, including travel and other necessary expenses.
(e) All continuing education
courses must have prior approval by this Board before credit can be
given.
(f) Continuing Education
Sponsor Processing Fee. In addition to meeting the requirement set forth for
approval of continuing education programs, sponsors shall remit a five dollar
($5) processing fee per every credit hour of instruction for each seminar per
subject material, per calendar year to be submitted with the information
required for program approval.
(g)
Distance-based learning courses offered by electronic media in audio and/or
visual format, such as through the Internet, which otherwise comply with these
rules may be approved by the Board if the course meets the following criteria:
(1) The sponsor, organization or participant
must have preapproval through the regular continuing education process for the
State of Arkansas.
(2) The course
must be test and time monitored to insure active participation by the licensee.
The Internet education provider should provide a mechanism for verifying
participation in the course.
(3) A
maximum of twelve (12) distance-based learning credit hours may be submitted by
a licensee during each licensing period.
4.
Interpretation of
Terminology.
(a) Examination. This
term is understood by this Board to be the act or process of examining the body
to determine the presence or absence of disease or injury or to arrive at a
diagnosis. It encompasses, but is not limited to, historical, physical,
clinical, chemical, electrical or roentgenological means necessary to arrive at
a diagnosis or analysis of any malady or abnormality of human beings. It does
not include incisive surgery.
(b)
Analysis. This term is construed by this Board to mean and encompass the
gathering and sorting out of certain physiological data, whether of a whole or
a material substance, or any matter of thought, whether from history gathering
to help determine the nature of disease, injury, deformity or any other
abnormality whatsoever, an examination of symptoms, lesions, of body fluids and
tissues for the purpose of diagnosis of any disease process, injury or
abnormality of human beings.
(c)
Diagnosis. This term is understood by this Board to mean the use of scientific
and skillful methods to establish the cause and nature of a sick person's
disease, malady, injury or deformity. It encompasses the evaluation of the
history, the signs and symptoms present, laboratory data, and the use of
special tests such as x-rays or other analytical instruments.
(d) Supportive Procedures. Those procedures
that do not conflict with the Arkansas Chiropractic Practices Act and which aid
the chiropractic physician in removing interference with the transmission or
expression of nerve force in the human body for the purpose of restoration and
maintenance of health. The option to use supportive procedures shall be left to
the judgment of the individual chiropractic physician and shall not be
required.
(e) Ownership of x-rays,
photographs and medical records. This Board confirms judicial decisions that
x-rays, photographs and medical records belong to the doctor, clinic or
institution originating such records. (McGarry v. J.A. Mercier Co., 272 Mich.
501, 262 N.W. 296 MLC 1936-40, P. 46 (1935).)
5.
Acupuncture.
(a) A chiropractic physician licensed to
practice chiropractic pursuant to the Arkansas Chiropractic Practices Act shall
be entitled to practice acupuncture as part of chiropractic practice upon
completion of one hundred (100) onsite hours training in acupuncture/meridian
therapy from a college accredited by the Council on Chiropractic
Education.
(b) Prior to any
chiropractic physician engaging in the practice of acupuncture/meridian
therapy, said physician shall be required to submit to the Board of Examiners a
certificate of completion of one-hundred (100) hour's instruction in
acupuncture/meridian therapy.
(c)
Each holder of an acupuncture certification under the provisions of this
chapter shall be privileged to use the following titles; certified in
acupuncture or certified acupuncturist.
6.
License Renewal, Continuing
Education and Forfeiture.
(a) Each
Arkansas chiropractic license expires on December 31 of each year. If the
license renewal fee is not postmarked by December 31 with a completed Renewal
License Application and attachment of proof of continuing education, the
license shall automatically expire and be forfeited.
(b) The renewal fee must accompany all
Renewal License Applications. License renewal will not occur without receipt of
the prescribed fees. Beginning with the renewal fee for the December 2014
renewals for In-State Active licensees shall be $250.00. Renewals for InState
Inactive licensees shall be $100.00. Renewals for Out-of-State Active licensees
shall be $125.00
(c) An individual
who submits a Renewal License Application more than sixty (60) days after the
license expiration date is subject to all requirements governing new applicants
under the Arkansas Chiropractic Practices Act. The Board may grant extensions
for the continuing education requirement and/or late license renewal based upon
the Board's opinion that extreme circumstances prevented timely license
renewal. It is illegal to practice in Arkansas with a forfeited
license.
(d) Beginning September 1,
2014, the license renewal period will begin annually on September 1 and will be
open until December 31 of the same year.
PART THREE RULES OF PROCEDURE
A.
BOARD MAY INVESTIGATE COMPLAINTS.
This Board shall have the right and responsibility, as provided by law,
to investigate complaints, allegations or suspicions of violations of the
Arkansas Chiropractic Practices Act or of these Rules.
B.
METHOD FOR HEARINGS. All
hearings before the Board shall be conducted according to the Arkansas
Administrative Procedure Act, Ark. Stat. Ann. #5-701, et seq., with the
following additions:
(1)
Notice.
(a) Except as provided in Section 2, whenever
the Board contemplates taking disciplinary action, it shall serve a written
notice upon the licensee at least thirty (30) days before the action is taken.
This thirty (30) day requirement may be waived upon agreement of both
parties.
(b) The notice shall
include a Statement of the Facts or conduct upon which disciplinary action is
contemplated and shall inform the licensee of his right to a hearing and state
the time and place where the hearing is scheduled. The notice shall also inform
the licensee that continuances will be granted only for good cause and that if
the licensee fails to appear at the hearing and has not obtained a continuance,
then the Board may conduct the hearing in the licensee's absence.
(c) The notice shall be issued in the Board's
name and shall be signed by the President, Executive Director, or the Board's
Attorney.
(d) The notice shall be
served either personally by registered or certified mail addressed to the
licensee's current business address on file with the Board. If personal service
is used, it may be proven by affidavit or testimony of the server and shall be
deemed served on the date delivered. When service is by mail, it shall be
deemed served on the date borne by the return receipt showing delivery,
refusal, or inability to deliver.
(2)
Emergency Action.
Notwithstanding Section 1, if the Board finds that public health, safety or
welfare imperatively requires emergency action, and incorporates a finding to
that effect in its order, summary suspension of a license may be ordered
pending proceedings for revocation or other action, which proceedings shall be
promptly instituted and determined.
(3)
Continuances. A continuance
shall be granted only for good cause.
(4)
Failure to Appear. If a
licensee, after being served notice, fails to appear at the time and place
where the hearing is scheduled and has not obtained a continuance, then the
Board may conduct the proceedings without the licensee being present.
(5)
Presiding Officer. The
President shall be the Presiding Officer at all hearings, except if the
President is unavailable, then a majority of the Board members present shall
select a Presiding Officer from among themselves present. A Hearing Officer may
be appointed by the Executive Director of the Chiropractic Board to act as an
impartial Hearing Officer at any disciplinary hearing. The Presiding Officer
shall have power to:
(a) issue
subpoenas;
(b) administer oaths and
affirmations;
(c) maintain
order;
(d) rule on all questions
arising during the proceedings;
(e)
permit discovery by deposition or otherwise;
(f) hold conferences for the settlement of
simplification of issues;
(g) make
or recommend decisions;
(h)
generally regulate and guide the course of the pending proceeding.
(6)
Decisions. A
final decision shall be in writing or stated in the record. It shall include
findings of fact and conclusions of law, separately stated. Parties shall be
served either personally or by mail with a copy of any decision or order within
a reasonable time.
(7)
Authority of Board. If the information contained in the Complaint states
matters that are not under the authority of the board, or which would not
constitute a violation if proven, the board may take no action. Notice shall be
given to the complainant and the licensee that the complaint has been reviewed
with the determination that no action is warranted by the board.
C.
INFORMAL DISPOSITION OF
COMPLAINTS.
As provided by the Arkansas Administrative Procedures Act,
nothing contained herein shall prohibit informal disposition of complaints or
allegations by settlement, consent or agreement of parties.
D.
COMPLAINT HANDLING
PROCEDURES.
(1) Complaints against
Chiropractic physicians may be made by letter, in person, or by telephone call
to the President, Secretary or Executive Director of the Board of
Examiners.
(2) All complaints shall
be logged in a special record, which shall be updated as necessary to indicate
the current status of all complaints.
(a) The
subject of the complaint will receive notification and a copy of the complaint.
He/she will be given ten (10) days to submit a response in writing to the Board
office.
(b) Failure of the
(subject) of any and all complaints to cooperate may be considered
unprofessional conduct and will be taken into consideration by the Board
investigator and Board attorney.
(3) Said complaints may be investigated by
one or more of the Board members or agents of the Board. Informal disposition
may be attempted by settlement, consent, agreement, or for lack of sufficient
probable cause if, in the opinion of the Board, such disposition is warranted
by the circumstances.
(4) Any and
every complaint making out a prima facie case shall be presented to and
reasonably disposed of by the Board, giving due consideration to sufficient and
necessary time to investigate and consider the complaint. Upon completion of an
investigation, the designated Board investigator and Board's Attorney together
shall determine whether a disciplinary hearing shall be scheduled to resolve
the issue.
(5) Disciplinary
hearings may be conducted either on the Board's own motion or based on a
written complaint if a violation of the Chiropractic Practices Act has been
discovered.
(6) All complaints not
investigated and all complaints investigated but determined to not substantiate
the charges shall be reported to the Board quarterly.
(7) If the information contained in the
complaint states matters that are not under the authority of the board, or
which would not constitute a violation if proven, the board may take no action.
Notice shall be given to the complainant and the licensee that the complaint
has been reviewed with the determination that no action is warranted by the
board.
(8) Notwithstanding any of
the foregoing, any complaint received by the Board that involves a procurer as
defined in A.C.A.
17-81-107(a)(1)(A)
and (B), imperatively requires immediate
action and special handling; for all such complaints, the following provisions
shall apply:
(a) If the complaint is not
received in writing, as set forth in Part III(D)(1), the person receiving the
complaint shall without delay reduce the complaint to writing, stating at
minimum, the date, the name, address and phone number of the person making the
complaint; the name of the allegedly offending licensee and/or procurer; a fair
summary of the facts upon which the complaint is based; and, any demand for
relief or specific request for an act of the Board. A complaint reduced to
writing is for all purposes the equivalent of a complaint received in
writing.
(b) Each written complaint
shall be signed by the person receiving the complaint and distributed without
delay to the president of the Board, the secretary or executive secretary, the
investigating officer, and the attorney for the board.
(c) Within three business days of the
distribution of such complaint, the Board shall initiate the service of notice
upon the licensee in accordance with Part III, (B)(1)(a)-(d); a copy of the
complaint and any additional information in custody of the Board may, in the
discretion of the Board, be provided to the appropriate law enforcement agency
for investigation and possible prosecution pursuant to A.C.A.
5-37-505
and 506.
(d) The notice of
complaint shall provide the licensee with a copy of the written complaint as
distributed, and shall advise the licensee that (a) the complaint that has been
made against the licensee involves a procurer; (b) his or her response to the
complaint is due within 10 business days of service; and (c) that a copy of the
notice of complaint and any supporting documents may be provided to the
appropriate law-enforcement agency for investigation and appropriate
action.
(e) Upon receipt of the
response of the licensee, the date of the response is noted, and the response
shall be distributed without delay to the president of the Board, the secretary
or executive secretary, the investigating officer, and the attorney for the
board.
E.
AMENDMENTS TO RULES.
These rules, and definitions may be modified, added to or
deleted as deemed appropriate by the Board of Examiners in the method
prescribed for such charges by the laws of the State of Arkansas.
F.
ANNUAL/RENEWAL-FEE.
(1) The
annual renewal fee for a license issued by the Board shall be
$250.00.
(2) If a license
automatically expires and becomes forfeited pursuant to Ark. Code Ann. Sec.
17-81-311 for
failure to timely pay the annual renewal fee, the license may be reinstated by
the Board upon payment of the delinquent fee due and a penalty of $200.00 for
reinstatement, in addition to satisfying the Board in compliance with the
education requirements.