90-139. Chiropractic and membership of Board of Examiners.
Legal Periodicals.-For brief comment of the 1949 amendments to this Article, see 27 N.C.L. Rev.406.
90-140. Selection of chiropractic members of Board.
The Governor and the General Assembly upon the recommendation of the
President of the Senate shall appoint chiropractic members of the Board
for terms of three years from a list provided by the Board, and the General
Assembly upon the recommendation of the Speaker of the House of Representatives
shall appoint a chiropractic member of the Board for a term of two years
from a list provided by the Board, For each vacancy, the Board must submit
at least three names to the Governor, Lieutenant Governor and Speaker of
The Board shall establish procedures for the nomination, and election of chiropractic members. These procedures shall be adopted under Article 2 of Chapter 150B of the General Statutes, and notice of the proposed procedures shall be given to all licensed chiropractors residing in North Carolina. These procedures shall not conflict with the provisions of this section. Every chiropractor with a current North Carolina license residing in this State shall be eligible to vote in all such elections, and the list of licensed chiropractors shall constitute the registration list for elections. Any decision of the Board relative to the conduct of such elections may be challenged by civil action in the Wake County Superior Court. A challenge must be filed not later than 30 days after the Board has rendered the decision in controversy, and all such cases shall be heard de novo.
90-141. Organization; quorum.
The Board of Chiropractic Examiners shall elect such officers as they may deem necessary. Four members of the Board shall constitute a quorum for the transaction of business. (1917,c.73,s.4;C.S.,s.6713;1933,c.442,s.1;1981,c.766,s.3.)
90-142. Rules and regulations.
The State Board of Chiropractic Examiners may adopt suitable rules and regulations for the performance of their duties and the enforcement of the provisions of this Article. (1919,c.148,s.4;C.S.,s.6714;1967,c.263,s.2.)
Discretionary Power of Board.- This section did not dispense with the discretionary power of the Board to pass upon the requisites of good character, or the fact as to whether the applicants thereunder had been bona fide practitioners for the requisite time, It was held that the courts would not inquire into such matters and that a mandamus would not lie to compel the Board to issue a license under this section. Hamlin v. Carlson, 178 N.C. 431,101 S.E. 22 (1919).
Competency to Give Expert Testimony.- Doctors with unlimited licenses are competent to give expert testimony in the entire medical field. Chiropractors, on the other hand, are limited in their testimony to their special field as defined and limited by this section. Allen v. Hinson, 12 N.C. App. 515, 183 S.E.2d 852, cert. denied, 279 N.C. 726, 184S.E.2d883 (1971), decided prior to enactment of 90-157.2.
Chiropractor Not Qualified to Testify as to Muscle Injury. - In a personal injury action arising from as automobile accident, the chiropractor's testimony as to the plaintiff's strain or sprain of a muscle was properly excluded, because such injury and treatment is beyond the field of chiropractic medicine as defined by this section; on the other hand, the trial court erred in excluding the chiropractor's testimony concerning the plaintiff's nerve strain or sprain, because such injury and treatment is with-in the field of chiropractic medicine. Ellis v. Rouse, 86 N.C. App. 367 S.E.2d 699 (1987). Testimony regarding ligaments of the spine is within the scope of chiropractic as defined in this section. Smith v. Buckhram, 91 N.C. App. 355, 372 S.E.2d 90 (1988), cert. denied, 324 N.C. 113, 377 S.E.2d 236 (1989).
90-143. (Effective July 1, 1993) Definitions of chiropractic; examinations; educational requirements.
The examination shall include, but not be limited to, the following studies: neurology, chemistry, pathology, anatomy, histology, physiology, embryology, dermatology, diagnosis, microscopy, gynecology, hygiene, eye, ear, nose and throat, orthopody, diagnostic radiology, jurisprudence, palpation, nerve tracing, chiropractic philosophy, theory, teaching and practice of chiropractic. (1917,c.73s.5;1919,c.148,ss.1,2,5;C.S.,s.6715;1933,c.442,s.1;1937,c.293, s.1;1963,c.646,s.2;1967, c.263,s.3;1977,c.1109,s.1;1981, c.766,s.4;1987,c. 304;1989,c.555,ss.2,3.)
Section Set Out Twice. - The section above is effective July 1,1993. For this section as in effect until July 1, 1993, see the preceding section, also numbered 90-143.
Effect of Amendments. - The 1987 amendment, effective July 1,1993, substituted "has received a baccalaureate degree from a college or university accredited by a regional accreditation body recognized by the U.S. Department of Education" for "has completed two years of pre-chiropractic college education and received credits for a minimum of 60 semester hours" at the end of present sub-division (b)(2).
Session Laws 1989,c.55,s.2, effective July 4,1989, until July 1,1993, in this section as it reads until July 1,1993, divided the section into subsections(a) and (b), with sub-divisions (b)(1) through (b)(3), substituted "Furnishes proof" for "He shall, before he is admitted to examination, furnish proof" in subdivision (b)(1), in subdivision (b)(2), substituted "Satisfies the Board" for "and satisfy the Board" substituted "the applicant" for "he," and added "and" at the end thereof. and in subdivision (b)(3), substituted "Satisfies the Board that the applicant can, within 60 days of the date of examination exhibit" for "He shall exhibit" in the first sentence, and added the second sentence.
Session Laws 1989,c.555,s.3, effective July 1, 1993, in this section as it reads effective July 1, 1993, divided the section into subsections (a) and (b), with subdivisions (b)(1) through (b)(3), substituted "Furnishes proof" for "He shall, before he is admitted to examination, furnish proof" in subdivision (b)(1), rewrote subdivision (b)(2) so as, inter alia, to make the same changes as were made by the 1987 amendment, and in subdivision (b)(3), substituted "Satisfies the Board that the applicant can, within 60 days of the date of examination exhibit" for "He shall exhibit" in the first sentence, and added the second sentence.
90-143.1 Applicants licensed in other states.
If an applicant for licensure is already licensed in another state to practice chiropractic, the Board shall issue a license to practice chiropractic to the applicant upon evidence that:
Any license issued upon the application of any chiropractor from any other state shall be subject to all of the provisions of this Article with reference to the license issued by the State Board of Chiropractic Examiners upon examination, and the rights and privileges to practice the profession of chiropractic under any license so issued shall be subject to the same duties, obligations, restrictions, and conditions as imposed by this Article on chiropractors originally examined by the State Board of Chiropractic Examiners. (1981,c.766,s.5.)
90-143. (Effective until July 1, 1993) Definitions of Chiropractic; examinations; educational requirements.
Scope of Practice. - By enacting Session Laws 1987, Chapter 555, which amended this section, the General Assembly did not intend to expand the scope of chiropractic practice, but intended merely to clarify the law. Thomas v. Barnhill,-N.C. App.-,403 S.E.2d 102 (1991).
The testimony of a chiropractor to the strain or sprain of a muscle is not beyond the field of chiropractic practice as defined by this section. Thomas v. Barnhill, NC App.-.403 S.E.2d 102 (1991).
90-143.2 Certification of diagnostic imaging technicians.
The State Board of Chiropractic Examiners shall certify the competence of any person employed by a licensed chiropractor practicing in this State if the employee's duties include the production of diagnostic images, whether by x-ray or other imaging technology. Applicants for certification must demonstrate proficiency in the following subjects:
The State Board of Chiropractic Examiners may adopt rules pertaining to initial educational requirements, examination of applicants, and continuing educational requirements as are reasonably required to enforce this provision.(1991,c.633,s.1.)
Editor's Note: Session Laws 1991,c.633,s.2 makes this section effective upon ratification. The act was ratified on July 11, 1991.
90-144. Meetings of Board of Examiners.
The North Carolina Board of Chiropractic Examiners shall meet at least once a year at such time and place as said Board shall determine at which meetings applicants for license shall be examined. (1917,c.73,s.6;C.S.,s.6716;1933,c.442,s.1;1949,c.785,s. 1;1985,c.760,s.1.)
90-145. Grant of license.
The Board of Chiropractic Examiners shall grant to each applicant who is found to be competent, upon examination, a license authorizing him or he to practice chiropractic in North Carolina. (1917,c.73,s.7;C.S.,s.6717;1949,c.785, s.2;1981,c.766,s.6.)
90-146. Graduates from other states.
A graduate of a regular chiropractic school who comes into this State from another state may be granted a license by the Board of Examiners as required in this Article. (1917,c.73,s.8;C.S.,s.6718.)
90-147. Practice without license a misdemeanor.
Any person practicing chiropractic in this State without having first obtained a license as provided in this Article shall be guilty of a misdemeanor and fined or imprisoned, or both, in the discretion of the court. (1917,c.73,s.9;C.S., s.6719.)
90-148. Records of Board.
The secretary of the Board of Chiropractic Examiners shall keep a record of the proceedings of the Board, giving the name of each applicant for license, and the name of each applicant licensed and the date of such license. (1917,c. 73,s.10;C.S.,s.6720.)
90-149. Application fee.
Each applicant shall pay the secretary of said Board a fee as prescribed and set by the Board which fee shall not be more than three hundred dollars ($300.00). (1917,c.73,s.11; C.S.,s.6721;1977c.922,s.1.)
90-150: Repealed by Session Laws 1967,c. 218, s.4.
90-151. Extent and limitation of license.
Any person obtaining a license from the Board of Chiropractic Examiners shall have the right to practice the science known as chiropractic, in accordance with the method, thought, and practice of chiropractors, as taught in recognized, chiropractic schools and colleges, but shall not prescribe for or administer to any person any medicine or drugs, nor practice osteopathy or surgery. (1917,c.73,s.12;C.S.,s.6722;1933,c.442,s.3.)
90-151.1. Selling nutritional supplements to patients.
A chiropractic physician may sell nutritional supplements at a chiropractic office to a patient as part of the patient's plan of treatment but may not otherwise sell nutritional supplements at a chiropractic office. A chiropractic physician who sells nutritional supplements to a patient must keep a record of the sale that complies with G.S. 105-164-24, except that the record may not disclose the name of the patient. (1997-369,s. 1.)
90-152. Repealed by Session Laws 1967, c. 691, s.59.
90-153. Licensed chiropractors may practice in public hospitals.
A licensed chiropractor in this State may have access to and practice chiropractic in any hospital or sanitarium in this State that receives aid or support from the public, and shall have access to diagnostic X-ray records and laboratory records relating to the chiropractor's patient. (1919,c.148,s.3; C.S.,s.6724;1977,c.1109,s.2.)
OPTIONS OF ATTORNEY GENERAL
Chiropractor may review diagnostic x-ray records of his patient when such records are in possession of hospital receiving public aid or support. See opinion of Attorney General to The Honorable Ramey F. Kemp, Member of The House of Representatives, N.C. General Assembly, 48 N.C.A.G. 32 (1978).
90-154. Grounds for professional discipline.
90-154.1 Collection of certain fees prohibited.
90-154.2 Unethical conduct.
Unethical conduct is defined as:
90-154.3 Acceptable care in the practice of chiropractic.
90-155. Annual fee for renewal of license.
Any person practicing chiropractic in this State, in order to renew his license, shall, on or before the first Tuesday after the first Monday in January in each year after a license is issued to him as herein provided, pay to the secretary of the Board of Chiropractic Examiners a renewal license fee as prescribed and set by the said Board which fee shall not be more than one hundred and fifty dollars ($150.00), and shall furnish the Board evidence that he has attended two days of educational sessions or programs approved by the Board during the preceding 12 months, provided the Board may waive this educational requirement due to sickness or other hardship of applicant.
Any license or certificate granted by the Board under this Article shall automatically be canceled if the holder thereof fails to secure a renewal within 30 days from the time herein provided;but any license thus canceled may, upon evidence of good moral character and proper proficiency, be restored upon the payment of the renewal fee and an additional twenty-five dollars($25.00) reinstatement fee.
If any licensee of the Board retires from active practice, the licensee may renew his license annually be paying the license fee and shall not be required to furnish the Board proof of continuing education; however, if at a later time the licensee desires to resume active practice, the license shall first appear before the Board and the Board shall determine his competency to practice. (1917,c.73,s.15;C.S.,s.6726;1933,c.442,s.4;1937,c.293,s.2;1963,c.646,s.4;1971,c. 715;1977,c.922,ss.2,3;1985,c.760,s.6.)
90-156. Pay of Board and authorized expenditures.
The members of the Board of Chiropractic Examiners shall receive their actual expenses, including transportation, and lodging, when meeting for the purpose of holding examinations, and performing any other duties placed upon them by this Article, such expenses to be paid by the treasurer of the Board out of the moneys received by him as license fees, or from renewal fees. The Board shall also expend out of such fund so much as may be necessary for preparing licenses securing seals, providing for programs for licensed doctors of chiropractic in North Carolina, and all other necessary expenses in connection with the duties of the Board. (1917,c.73,s.16;C.S.,s.6727;1949,c.785,s.4;1981,c.766,s.8.)
90-157. Chiropractors subject to State and municipal regulations.
Chiropractors shall observe and be subject to all State and municipal regulations relating to the control of contagious and infectious diseases. (1917, c.73,s.17; C.S.,s.6728.)
90-157.1 Free choice by patient guaranteed.
No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of North Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose a duly licensed chiropractor as the provider of care or services which are within the scope of practice of the profession of chiropractic as defined in this Chapter. (1977, c. 1109, s. 3.)
Opinions of Attorney General
This section is applicable to a selfinsured employee health insurance plan operated by a county hospital. See opinion of Attorney General to Mr. J. Hoyte Stultz, Jr., Attorney for NC State Board of Chiropractic Examiners, 52 N.C.A.G. 80 (1983).
90-157.2 Chiropractor as expert witness.
A Doctor of Chiropractic, for all legal purposes, shall be considered an expert in his field and, when properly qualified, may testify in a court of law as to:
Effect of Amendments. - The 1989 amendment, effective July 4, 1989, added subdivision designation (1), in subdivision (1) inserted "The" preceding "etiology" and added "as defined in G.S. 90-151; and," and added subdivision (2).
Legal Periodicals: For note discussing the ambit of this section in allowing chiropractors to testify as experts, see 9 N.C. Cent.LJ.103 (1977).
Practice References. - Brandis on North Carolina Evidence, 3rd ed., Henry Brandis, Jr., 133, 135.
Tesimony regarding ligaments of the spine is within the scope of chiropractic as defined in 90-143. Smith v. Buckhram,91 N.C. App. 355,372S.E.2d 90 (1988), cert. denied, 324 N.C.113,377 S.E.2d 236 (1989).
Stated in Mitchem v. Sims, 55 N.C. App.459,285S.E.2d 839 (1982).
Cited in Currence v. Hardin, 296 N.C. 95,249 S.E.2d 387 (1978); Currence v. Hardin, 36 N.C. App. 130, 243 S.E. 2d 172 (1978).
Referral Fees and Payment for Certain Solicitations Prohibited.
90-157.3. Ownership of chiropractic practices limited.
(a) Each partner in a partnership that is engaged in the practice of chiropractic shall be licensed under this Article.
(b) Each general partner in a limited partnership that is engaged in the practice of chiropractic and each limited partner who takes part in the control of the practice shall be licensed under this Article.
(c) The provision of Chapter 55B of the General Statutes shall apply to all business corporations organized under Chapter 55 of the General Statutes and engaged in the practice of chiropractic. (1999-430, s.2.)
As used in this Article, a health care provider is a person holding any license issued under this Chapter. (1991(Reg. Sess., 1992), c.858,s.1.)
90-401. Referral fees and payment for certain solicitations prohibited.
A health care provider shall not financially compensate in any manner a person, firm, or corporation for recommending or securing the health care provider's employment by a patient, or as a reward for having made a recommendation resulting in the health care provider's employment by a patient. No health care provider who refers a patient of that health care provider to another health care provider shall receive financial or other compensation from the health care provider receiving the referral as a payment solely or primarily for the referral. This section shall not be construed to prohibit a health care provider's purchase of advertising which does not entail direct personal contact or telephone contact of a potential patient. (1991(Reg. Sess.1992), c.858,s.1;1993(Reg.Sess.,1994),c.689,s.2.)
90-401.1 Direct solicitation prohibited.
It shall be unlawful for a health care provider or the provider's employee or agent to initiate direct personal contact or telephone contact with any injured, diseased, or infirmed person, or with any other person residing in the injured, diseased, or infirmed person's household, for a period of 90 days following the injury or the onset of the disease or infirmity, if the purpose of initiating the contact, in whole or in part, is to attempt to induce or persuade the injured, diseased,or infirmed person to become a patient of the health care provider. This section shall not be construed to prohibit a health care provider's use of posted letters, brochures, or information packages to solicit injured, diseased, or infirmed persons, so long as such use does not entail direct personal contact with the person. (1993(Reg. Sess.1994), c.689,s.3.)
Editor's Note: Session Law 1993(Reg. Sess., 1994), c.689,s.6 made this section effective October 1, 1994. Session Laws 1993 (Reg. Sess., 1994), c. 689,s.5, is a severability clause.
Violation of the provisions of this Article shall be grounds for the offending health care provider's licensing board to suspend or revoke the health care provider's license, to refuse to renew the health care provider's license, or to take any other disciplinary action authorized by law. (1991(Reg. Sess.,1992), c.858,s.1; 1993 (Reg. Sess., 1994), c. 689, s.4.)
58-50-30. Discrimination forbidden; right to choose services of optometrist, podiatrist, dentist or chiropractor.
Discrimination between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by Articles 47 and 49 through 53 of this Chapter, or in the benefits payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited.
Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for payment of or reimbursement for any service which is within the scope of practice of a duly licensed optometrist, or duly licensed podiatrist, or a duly licensed dentist, or duly licensed chiropractor, or duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such services, whether such services be performed by a duly licensed physician or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist or a duly licensed chiropractor, or a duly licensed practicing psychologist, notwithstanding any provision contained in such policy. Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for certification of disability which is within the scope of practice of a duly licensed physician, or a duly licensed optometrist or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such disability whether such disability be certified by a duly licensed physician, or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed practicing psychologist, notwithstanding any provisions contained in such policy. The policyholder, insured, or beneficiary shall have the right to choose the provider of such services notwithstanding any provision to the contrary in any other statute.
For the purposes of this section, a "duly licensed practicing psychologist" shall be defined to only include a psychologist who is duly licensed or certified in the State of North Carolina and has a doctorate degree in psychology and at least two years clinical experience in a recognized health setting, or has met the standards of the National Register of Health Providers in Psychology. (1913,c.91,s.11;C.S., s.6488;1965,c.396,s.2;c.1169,s.2; 1967,c.690,s.2;1969, c. 679; 1973; c. 610; 1977, c. 601, ss.2, 3 1/2.)
Editor's Note: Session Laws 1965,c.396,s.4, provides that it shall not be construed to equate optometrists with physicians except to the extent that each must be duly licensed.
Session Laws 1967,c.690,s.4, provides: "Nothing in this act shall be construed to equate podiatrists with physicians except to the extent that each must be duly licensed."
Legal Periodicals: For note, "ERISA Preemption of State Mandated-Provider Laws," see 6 Duke L. Rev. 1194 (1985).