North Dakota Administrative Code Title 17 - Chiropractic Examiners, Board of
NDAC Title 17 – Board of Chiropractic Examiners: Overview
Purpose and Scope
NDAC Title 17 establishes the rules, regulations, and standards for the licensing and regulation of chiropractors in North Dakota. It is promulgated under the authority of the North Dakota Board of Chiropractic Examiners, which oversees:
Licensing and examination of chiropractors,
Enforcement of professional conduct and practice standards,
Disciplinary actions for violations of chiropractic laws and rules,
Continuing education requirements,
Regulation of chiropractic clinics and advertising.
The Board’s goal is to protect the public by ensuring only qualified individuals practice chiropractic care and that such care is provided safely and ethically.
Key Provisions of Title 17
1. Licensing Requirements
Applicants must graduate from an accredited chiropractic college.
Must pass national and state chiropractic examinations.
Submit an application with proof of education, good moral character, and other Board-required documentation.
Licenses must be renewed periodically with proof of continuing education.
2. Scope of Practice
Defines what chiropractic care entails, including spinal adjustments, manipulation, and related therapeutic procedures.
Limits activities to those authorized by law — for example, chiropractors may not perform surgeries or prescribe drugs.
3. Standards of Professional Conduct
Chiropractors must adhere to ethical rules, including patient confidentiality, informed consent, and professional boundaries.
Misrepresentation, fraud, or negligence are grounds for disciplinary action.
4. Continuing Education
Licensed chiropractors must complete specified continuing education credits to maintain licensure.
Ensures practitioners stay current with medical developments and best practices.
5. Disciplinary Actions
The Board may investigate complaints against chiropractors.
Sanctions include reprimands, license suspension or revocation, fines, or conditions on practice.
Due process is afforded: notice, hearing, and appeal rights.
6. Advertising and Clinic Regulation
Rules prevent false or misleading advertising.
Clinics must comply with facility standards and display proper credentials.
Relevant Case Law Illustrations
While chiropractic-specific case law from North Dakota is limited publicly, the following hypothetical examples based on general administrative law principles show how Title 17 might be applied in legal disputes.
Case 1: Board of Chiropractic Examiners v. Dr. Smith
Facts: Dr. Smith was accused of performing spinal manipulations outside the accepted scope of chiropractic practice (e.g., attempting minor surgical procedures).
Issue: Whether the Board was authorized to discipline Dr. Smith for practicing beyond the legal scope under Title 17.
Ruling: The court upheld the Board’s disciplinary action, noting Title 17 clearly restricts chiropractors from surgical procedures. The Board acted within its authority to protect the public.
Significance: Affirms the Board's power to define and enforce the chiropractic scope of practice.
Case 2: Jones v. Board of Chiropractic Examiners
Facts: Jones, a licensed chiropractor, was denied license renewal for failure to complete continuing education.
Issue: Whether the Board’s denial was arbitrary or lawful.
Ruling: The court found that continuing education is a valid requirement under Title 17, and the Board reasonably denied renewal due to non-compliance.
Significance: Reinforces that license renewal conditions, like education, are enforceable.
Case 3: Public Complaint Against Dr. Lee
Facts: A patient filed a complaint alleging Dr. Lee engaged in unprofessional conduct by misleading advertising.
Issue: Whether the Board could sanction Dr. Lee based on advertising violations under Title 17.
Ruling: The Board’s sanctions were upheld, highlighting the importance of truthful advertising in protecting consumers.
Significance: Emphasizes the Board's role in regulating ethical practice beyond just clinical care.
Summary
| Topic | Explanation |
|---|---|
| Governing Body | North Dakota Board of Chiropractic Examiners |
| Scope | Licensing, conduct, education, advertising, discipline |
| Licensing | Education, exams, application, renewal with continuing ed |
| Practice Limits | Chiropractic care only; no surgery or drug prescriptions |
| Enforcement | Investigations, hearings, sanctions, appeals |
| Case Law Principles | Boards have broad discretion in regulating profession and protecting public safety; courts defer unless arbitrary |
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