# Title 43 — Occupations and Professions

## Chapter 43-06 — Chiropractors

### § 43-06-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Approved and accredited doctor of chiropractic program" means a doctor of
chiropractic program approved by the board and accredited by a board-approved
entity, such as the council on chiropractic education or its successor or equivalent.
2. "Board" means the state board of chiropractic examiners.
3. "Certified chiropractic clinical assistant" means an individual certified by the board who
in accordance with section 43-06-16.1 assists with basic health care duties in the
practice of chiropractic under the supervision of a licensed doctor of chiropractic in
good standing with the board.
4. a. "The practice of chiropractic" includes:
(1) The examination, evaluation, and diagnosis by means including x-ray, other
appropriate diagnostic imaging, clinical laboratory procedures, or pertinent
examinations taught by chiropractic colleges accredited by the council on
chiropractic education or its successor or equivalent;
(2) The treatment of patients by means of the adjustment or manipulation of the
spinal column, the vertebral articulations, the appendicular skeleton not
excluding the skull, and of any displaced tissue of any kind or nature;
(3) The practice of physiotherapy, electrotherapy, or hydrotherapy;
(4) All other procedures, treatments, and interventions taught by chiropractic
colleges accredited by the council on chiropractic education or its
successor;
(5) The rating and reporting of any permanent impairment of function and the
providing of professional opinions regarding any matter included in this
definition of practice of chiropractic as set out herein;
(6) Delegation of basic health care duties in the practice of chiropractic to a
certified chiropractic clinical assistant; and
(7) Telehealth.
b. The practice of chiropractic does not include prescribing for, removal of, or
administering to any person any medicine or drug to be taken internally which is
now or hereafter included in materia medica, nor performing any surgery, except
as is provided in this section, nor practicing obstetrics.
5. "Telehealth" means the use of electronic communications to provide and deliver
chiropractic-related information and chiropractic services, including chiropractic-related
information and services, over any distance. Telehealth encompasses chiropractic care
and chiropractic promotion activities, including education, advice, reminders,
interventions, and the monitoring of interventions.
### § 43-06-02. Who is exempt from the provisions of this chapter.

This chapter does not apply to:
1. Chiropractors from the District of Columbia, or other states, territories, or countries
who are in actual consultation in this state.
2. Students enrolled in an approved and accredited doctor of chiropractic program, who
qualify for the preceptorship program. Under this exception:
a. The student shall perform the duties of an intern under the supervision of a
chiropractor licensed in the state of North Dakota.
b. The student and the licensed chiropractor shall meet the requirements
established for the preceptorship by an approved and accredited doctor of
chiropractic program and must be approved by the program and by the board.
3. A graduate of a program who has not completed the examination requirements in
section 43-06-10.1 who applies for a graduate internship under this exception:
a. The graduate, under the supervision of a North Dakota licensed chiropractor,
shall perform the duties of an intern.

b. The graduate shall submit an initial application for North Dakota licensure.
c. The graduate must be sponsored by a chiropractor with a current and valid North
Dakota license in good standing, including no active complaints, with at least
three years of experience.
d. The graduate and the licenseholder shall provide proof of malpractice insurance.
e. The graduate intern authorization granted by the board terminates within fifteen
months from the date issued by the board.
4. Nothing in this chapter is to be construed to impinge upon the practice of medicine by
a physician and surgeon or an osteopathic physician and surgeon who has adequate
training in the use of manipulative and adjustive procedures of the spine and
appendicular skeleton.
5. A chiropractor who is licensed in another jurisdiction of the United States or
credentialed to practice chiropractic in another country if that chiropractor is teaching,
demonstrating, or providing chiropractic in connection with teaching or participating in
an educational seminar in the state for no more than sixty days in a calendar year.
6. A chiropractor who is licensed in another jurisdiction of the United States or
credentialed to practice chiropractic in another country if that chiropractor is practicing
chiropractic in North Dakota as a member of the health care team for a sports, cultural,
or performing arts group. Treatment may only be performed on members of the team
or group the chiropractor is traveling with, for no more than sixty days in a calendar
year.
### § 43-06-03. State board of chiropractic examiners - Members - Appointment -

Qualifications.
1. The state board of chiropractic examiners consists of seven members appointed by
the governor. The members are:
a. Five doctors of chiropractic;
b. One certified chiropractic clinical assistant; and
c. One consumer member.
2. Each doctor of chiropractic appointed must:
a. Have a license to practice chiropractic in North Dakota.
b. Have been a resident of this state and have practiced chiropractic in this state for
at least five consecutive years immediately before appointment to the board.
c. Remain a resident of this state and continue in active practice in this state during
the term of office.
d. Be a licensee in good standing and must not be the subject of a pending
investigation by the board for violations under this chapter.
3. Each certified chiropractic clinical assistant appointed must:
a. Be certified as a chiropractic clinical assistant and meet the requirements of
section 43-06-16.1.
b. Be actively engaged in the practice of a certified chiropractic clinical assistant in
the state for at least one year immediately preceding appointment to the board.
4. Each consumer member appointed:
a. Must be a resident of the state for at least five years immediately preceding
appointment to the board.
b. May not have personal or familial financial relationships to the chiropractic
profession.
c. May not be, and may not be a spouse of, a doctor of chiropractic, certified
chiropractic clinical assistant, or licensed health care professional.
5. An individual appointed to the board as a certified chiropractic clinical assistant may
not participate in any activities related to the clinical examination of chiropractic
licensure applicants.
6. An individual appointed to the board as a consumer may not participate in any
activities related to the clinical examination of chiropractic or certified chiropractic
clinical assistant licensure applicants.

### § 43-06-04. Board of chiropractic examiners - Members - Term of office.

1. Each member of the board shall qualify by taking the oath of office required of civil
officers and shall hold office for a term of five years and until the member's successor
is appointed and qualified. The terms of office of the members of the board must be so
arranged that only one term expires on the thirty-first day of August of any year except:
a. Every fifth year, the governor shall appoint a doctor of chiropractic and a certified
chiropractic clinical assistant to the board.
b. One year after the appointments in subdivision a, the governor shall appoint a
doctor of chiropractic and a consumer member to the board.
2. A member may not serve for more than two consecutive five-year terms.
3. If a member of the board is absent from two consecutive regular meetings, the board
may declare a vacancy. Vacancies on the board must be filled by appointment by the
governor.
### § 43-06-04.1. Powers and duties of board.

1. The board shall administer the provisions of this chapter and the administrative rules
of the board relating to the practice of chiropractic. The board has all powers, rights,
and duties as provided in chapter 28-32.
2. The board shall verify the qualifications of applicants for licenses to practice
chiropractic and of applicants for certification to practice as a certified chiropractic
clinical assistant. The board shall examine and renew the licenses or certification of
duly qualified applicants.
3. The board shall regulate the practice of chiropractic and shall enforce the provisions of
this chapter and the rules of the board. The board shall investigate complaints of
violations and cause the prosecution of persons violating the provisions of this chapter
or the administrative rules of the board.
4. The board may appoint a peer review committee and employ personnel and incur
expenses as may be necessary for the performance of the board's duties and the
enforcement of this chapter.
5. The board may inspect upon probable cause, at all reasonable times, any chiropractic
office or place where chiropractic services are performed.
6. The board may set fees for licensure and renewal.
7. The board may adopt and amend rules and regulations, consistent with this chapter
governing the practice of chiropractic and the diagnosis and treatment of patients, the
enforcement of this chapter, and proper performance of the board's duties, including:
a. A code of ethical conduct governing the practice of chiropractic.
b. Requirements, standards, and examinations to determine the intellectual,
educational, scientific, technical, and professional qualifications of applicants for
license or certification.
c. Matters pertaining to the content and conduct of examination.
d. Matters pertaining to the operation and registration of chiropractic facilities.
e. Matters pertaining to the practice and certification of chiropractic specialties by
licensed doctors of chiropractic.
f. The quantity, type, and character of postgraduate study to be done by any
licensee in order to comply with this chapter.
g. Set policies and procedures on what constitutes professional or unprofessional
conduct.
h. Any other rules or regulations as may be necessary to give this chapter full force
and effect.
### § 43-06-05. Meetings of board - When held - Place of meeting - Quorum - Officers -

Seal - Compensation - Expenses - How paid.
The board shall hold regular meetings twice yearly at approximate six-month intervals and
such special meetings as the board may deem necessary. The meetings must be held at such
places as the board may designate. Four members of the board constitute a quorum. At the first
meeting of the board of each calendar year, the members of the board shall elect from their

membership a president, vice president, and secretary-treasurer. Each shall hold office for one
year and until a successor is elected and qualified. The board shall have a seal and may adopt
appropriate rules necessary to carry out the provisions of this chapter. A member of the board
shall receive compensation in an amount to be fixed by regulation of the board for each day or
portion of a day spent in the discharge of duties, such mileage as is provided by section
54-06-09, and must be reimbursed for actual and necessary expenses incurred in the discharge
of official duties in accordance with section 44-08-04. In addition to the compensation,
expenses, and mileage, the secretary-treasurer of the board is entitled to receive such salary as
must be fixed by a resolution of the board adopted at a regular meeting.
### § 43-06-06. Fund - How disbursed - Where deposited.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-06-07. Records of the board.

1. The board shall keep a record of all its proceedings and a register of applications for
licenses to practice chiropractic showing:
a. The name and location of the institution from which each applicant received the
applicant's degree of doctor of chiropractic.
b. The date when the degree of doctor of chiropractic was granted.
c. Whether the applicant was licensed or rejected.
2. The board shall maintain a register of certified chiropractic clinical assistants. A
register is prima facie evidence of all matters recorded in the register.
### § 43-06-08. License required - Application - Examination required - Fee.

A person may not practice chiropractic in this state unless that person has a license from
the state board of chiropractic examiners. A person who desires a license shall:
1. Apply to the board;
2. Submit an official transcript of successful completion of all required examinations;
3. Submit an official transcript and diploma from an approved and accredited doctor of
chiropractic program. The applicant may submit an application while the applicant is
enrolled in the applicant's last term but the board may not issue a license until the
applicant has graduated and has provided the board with an official transcript and
diploma as provided in this section; and
4. Pay to the board a fee, to be determined by the board from time to time, of an amount
not to exceed five hundred dollars.
### § 43-06-09. Chiropractor - Qualifications.

An applicant for licensure to practice chiropractic in this state must have a degree from or
be enrolled in the last term of college at an approved and accredited doctor of chiropractic
program.
### § 43-06-09.1. Conviction not bar to licensure or certification - Exceptions.

Conviction of an offense does not disqualify a person from licensure or certification under
this chapter unless the board determines that the offense has a direct bearing upon a person's
ability to serve the public as a chiropractor or certified chiropractic clinical assistant, or that,
following conviction of any offense, the person is not sufficiently rehabilitated under section
12.1-33-02.1.
### § 43-06-10. Examination - Subjects covered.

Repealed by S.L. 2021, ch. 307, § 14.
### § 43-06-10.1. National board examination.

The board shall accept all parts of the national board examination, or its successor or
equivalent, providing all other requirements are met.

### § 43-06-11. License - When issued - Who issues - Title used by licensed chiropractor.

A license to practice chiropractic in this state must be issued by the board to an applicant
who has submitted proof of the required qualifications and passed the required examination. A
license to practice chiropractic may not be granted except upon the affirmative vote of at least a
quorum of the board. A licensed chiropractor may use the title doctor of chiropractic,
chiropractor, chiropractic physician, or D.C.
### § 43-06-11.1. Criminal history record checks.

The board may require any applicant, licensee, or certificate holder under this chapter to
submit to a statewide and nationwide criminal history record check. The nationwide criminal
history record check must be conducted in the manner provided by section 12-60-24. All costs
associated with obtaining a criminal history record check are the responsibility of the applicant,
licensee, or certificate holder.
### § 43-06-12. Re-examination - Fee.

Repealed by S.L. 2021, ch. 307, § 14.
### § 43-06-13. Term of license - Renewal - Fee - Requirements.

1. A license to practice chiropractic in this state is valid for one year and must be
renewed on or before the first day of September of each year.
2. A renewal applicant shall pay a fee for renewal of a license. The fee for renewal of a
license must be determined by the board from time to time, but may not exceed five
hundred dollars.
3. The board shall establish by rule the number of hours necessary for annual continuing
education.
4. The board shall establish by rule the accepted programs for the annual continuing
education requirement.
5. A license that has not been renewed, as a result of nonpayment of annual registration
fees required by this chapter or as a result of the failure by the licensee to attend the
required annual continuing education, may be reinstated by procedure adopted by the
board in administrative rules. In either case, the board may charge an additional
administrative fee to be fixed by the board at the time of consideration of the
reinstatement, not to exceed four hundred dollars.
6. In addition to the payment of fees, the board, after an investigation, may require a
chiropractor whose license has not been renewed to submit to a re-examination as to
the applicant's qualifications to practice chiropractic before the applicant is reinstated,
if the board in the exercise of the board's discretion finds and determines the best
interests of the public and the applicant will be served thereby.
### § 43-06-14. License - How recorded.

Repealed by S.L. 1989, ch. 506, § 17.
### § 43-06-14.1. Peer review of services and fees.

1. The board, upon receipt of a complaint, may appoint a peer review committee for the
purpose of investigation of the matter and rendering an opinion thereon.
2. The peer review committee must be appointed by the board and function as its agent
and may consist of different individuals for review of different cases.
3. The peer review committee shall investigate each inquiry submitted by the board. It
shall examine such witnesses, review such patient and business records, and
otherwise take whatever action is necessary to best ascertain the facts. It shall
transmit all information it possesses to the board and shall report its findings to the
board. The board shall furnish copies of the findings to the party making the complaint
and to the chiropractor.
4. The determinations of the peer review committee must be presumed valid and may be
considered as prima facie evidence in any further proceedings by the board.

5. The provision of treatment rendered to a patient by a chiropractor constitutes the
consent of the chiropractor to the submission of all necessary records and other
information concerning the treatment to the board or peer review committee.
6. The board may adopt rules it considers necessary and appropriate to implement the
peer review system and activities established under this chapter.
7. All data and information, including patient records acquired by the board or the peer
review committee, in the exercise of its duties and functions, are confidential and
closed to the public. All board and peer review committee meetings wherein patient
testimony or records are taken or reviewed are confidential and closed to the public.
8. Except a patient, any party, including any governmental agency, making a request
under this section may be charged a fee by the board equal to the administration costs
of performing the review.
### § 43-06-15. Grounds for denial of licensure, revocation, or suspension of license or

other action of the board - Signed written statement - Investigation - Hearing.
1. The board may deny an application for licensure and may revoke, suspend, or take
such other action as provided in this section regarding the license of any chiropractor
in this state who:
a. Has a mental or physical condition such that the person is unable to safely
engage in the practice of chiropractic.
b. Has been declared incompetent or seriously mentally ill by a court of competent
jurisdiction and thereafter has not been declared competent or released from
supervision.
c. Is suffering from alcoholism or drug addiction which endangers the public by
impairing the chiropractor's ability to practice safely.
d. Procured the license to practice by fraud or mistake.
e. Has engaged in unprofessional or dishonorable conduct, including false or
misleading advertising, rendering excessive or inappropriate treatment, or
charging unconscionable fees.
f. Has been convicted of a crime involving sexual misconduct, infliction of physical
harm or bodily injury to another individual, corruption, dishonesty, illegal
possession or distribution of drugs, or any crime that would affect the person's
ability to practice as a licensed chiropractor. A copy of the record of conviction or
plea of guilty or nolo contendere is conclusive evidence.
g. Has aided, assisted, or enabled any unlicensed person to practice chiropractic
contrary to this chapter or rule of the board.
h. Has engaged in the practice of abortion.
i. Has made use of any advertising statement of a character tending to deceive or
mislead the public.
j. Has failed to maintain a chiropractic facility in safe and sanitary conditions.
k. Has incurred a disciplinary action, suspension, or revocation in another
jurisdiction; has surrendered a license while a disciplinary complaint was pending
in another jurisdiction; or has entered a settlement agreement to avoid or resolve
a disciplinary complaint in another jurisdiction as a result of acts similar to acts
described in this section or rule of the board. A certified copy of the board order in
the other jurisdiction is conclusive evidence.
l. Has committed any violation of the provisions of this chapter, the code of ethics,
or rules as adopted by the board, including the failure to submit for physical or
mental examination or to provide information as required by the board.
m. Has practiced chiropractic while the license to practice was suspended or
revoked.
n. Has, while under probation, violated the terms of probation.
o. Has failed to properly supervise a certified chiropractic clinical assistant or who
has delegated duties to a certified chiropractic clinical assistant which are beyond
the assistant's education or training or which are beyond the scope of practice of
a certified chiropractic clinical assistant.

2. Any person, health care facility, business, or organization is immune from civil liability
or criminal prosecution for submitting a signed written statement and other reports and
information to the board under subsection 5 or for otherwise reporting to the board
violations or alleged violations under this chapter. The reports are not public records.
3. Members of the board and persons employed by the board or engaged in the
investigation or prosecution of violations and in the preparation and management of
charges of violations of this chapter on behalf of the board, including members of any
peer review committee, are immune from civil liability and criminal prosecution for any
actions, transactions, or publications in the execution of, or relating to, their duties
under this chapter.
4. A doctor of chiropractic who is the subject of an investigation by, or on behalf of, the
board shall cooperate fully with the investigation. Cooperation includes responding
fully and promptly to any question raised by, or on behalf of, the board relating to the
subject of the investigation and providing copies of patient records or any pertinent
information requested by the board, to assist the board in the board's investigation.
5. Any person, including a member of the board, may file a signed written statement and
other reports and information with any member of the board against a licensed
chiropractor charging the chiropractor with any of the offenses or conditions set forth in
subsection 1. The statement must set forth a specification of the charges. When the
statement has been filed, the board shall make an investigation as provided by
subsection 6.
6. When the statement and other reports and information have been filed, the board shall
notify the licensed chiropractor of the allegations and thereafter shall investigate to
determine whether the allegations in the statement constitute a basis for further
proceedings. The investigation must be conducted in such manner and at such time
and place as in the judgment of the board will best ascertain the facts. The board may
appoint a peer review committee. The board, in order to pursue the investigation, may
subpoena and examine witnesses and records, including patient records, and copy,
photograph, or take samples. The board may require the licensed chiropractor to give
statements under oath, to submit to a physical or mental examination, or both, by a
physician or physicians and other qualified evaluation professionals selected by the
board if it appears to be in the best interests of the public that this evaluation be
secured. The board may examine and review any relevant medical or psychological
records, including test results and x-rays relative to the examination or treatment of the
licensed chiropractor. A written request from the board constitutes authorization to
release information. The medical or psychological information is not public record.
7. If, based on the investigation or report from a peer review committee, the board has
reasonable cause to believe there is a basis for further proceedings, the board shall
prepare a complaint and serve the complaint, along with a notice of hearing, on the
licensed chiropractor and thereafter proceed with a hearing on the matter under
chapter 28-32. All hearings must be held in Bismarck unless the board and the
licensed chiropractor agree otherwise.
8. After the hearing, the board, under section 28-32-39, shall make and give notice of the
board's determination or decision as to whether the offenses charged have been
committed or the conditions charged do not exist. If the finding is in the negative, the
board shall dismiss the charges. If the finding is in the affirmative, the board:
a. Shall revoke the license;
b. Shall suspend the licensee's right to practice for a period not to exceed one year;
c. Shall suspend the board's judgment of revocation on terms and conditions
determined by the board;
d. Shall place the licensee on probation; or
e. Shall take any other disciplinary action which the board in the board's discretion
considers proper, including the ordering of an adjustment to a patient's bill or
refund of an amount previously paid, including reasonable interest from the date
of the order, to a patient or payer of any unconscionable fees for chiropractic
services.

f. In addition to the actions imposed in subdivisions a through e, may:
(1) Require payment of all costs of proceedings resulting in a disciplinary
action, including administrative costs, investigation costs, attorney's fees,
peer review committee costs, witness costs and fees, the costs of the offices
of administrative hearings services, and court costs.
(2) Impose a civil penalty not exceeding ten thousand dollars for each separate
violation, to deprive the chiropractor of any economic advantage gained by
reason of the violation found and to reimburse the board for the cost of the
investigation and proceedings.
9. In cases of revocation, suspension, or probation, the board shall record the facts of the
case and all actions of the board.
10. On the expiration of a term of suspension, the licensee must be reinstated by the
board if the chiropractor applies to the board and furnishes evidence, satisfactory to
the board, that the licensee is then of good character and conduct or restored to good
health and the licensee has not practiced chiropractic during the term of suspension
and is competent to practice in this state. If the evidence fails to establish those facts
to the satisfaction of the board, the board may require the applicant to submit to an
examination in accordance with this chapter or shall proceed to hearing on revocation
with notice as provided in subsection 7.
11. Any licensed chiropractor may take corrective action or voluntarily relinquish the
chiropractor's license to the board before a formal order of the board on such terms
and conditions as may be agreed by the licensed chiropractor and the board.
### § 43-06-16. Duties of chiropractor.

Every licensed chiropractor practicing in this state shall:
1. Observe all state and municipal regulations relating to the control of contagious and
infectious diseases.
2. Sign death and birth certificates.
3. Sign certificates pertaining to public health.
4. Report to the proper health officer in the manner required of licensed physicians.
All certificates signed by a chiropractor licensed to practice in this state are of the same force
and effect as those signed by other licensed physicians.
### § 43-06-16.1. Certified chiropractic clinical assistant.

1. A person may not practice as a certified chiropractic clinical assistant or claim to be a
chiropractic assistant without certification from the board. The fee for initial certification
may not exceed one hundred dollars per year and must be set by the board from time
to time. The board may grant a temporary certification to an initial applicant who is
waiting for a criminal history background check to be completed. This temporary
certification expires automatically upon the applicant receiving a regular certification or
being notified the application has been denied.
2. To be certified to practice as a certified chiropractic clinical assistant, an applicant shall
provide evidence satisfactory to the board the applicant:
a. Graduated from high school, or holds a graduate equivalency degree.
b. Is at least eighteen years of age.
c. Successfully completed the certified chiropractic clinical assistant program and
examination by the federation of chiropractic licensing boards.
d. Successfully completed a criminal history record check as authorized by section
43-06-11.1.
e. Completed an application in a manner and form provided by the board.
f. Paid all applicable fees relative to the application process as determined by the
board.
g. Received practical experience to the extent required to demonstrate competency
to safely provide patient care pertinent to the chiropractic office at which the
certified chiropractic clinical assistant is employed.

3. A certified chiropractic clinical assistant who is certified in another jurisdiction may
apply for certification. The applicant shall provide evidence satisfactory to the board
the applicant:
a. Has current practice privilege in good standing as a certified chiropractic clinical
assistant or equivalent granted by at least one jurisdiction with requirements
similar to or greater than the requirements of this board; and
b. Presented to the board current documentation that any practice privilege granted
by another jurisdiction as a certified chiropractic clinical assistant or equivalent
has not been suspended, revoked, or otherwise restricted for any reason except
nonrenewal.
4. A minimum passing examination result is required to obtain certification. The board
may accept a chiropractic clinical assistant program examination such as the
federation of chiropractic licensing board-certified chiropractic clinical assistant
program examination or its board-approved successor or equivalent.
5. The fee for renewal of the certification may not exceed one hundred dollars per year
and must be set by the board from time to time. A certificate in this state is valid for
one year and must be renewed on or before March first of every year.
a. A certified chiropractic clinical assistant shall obtain three hours of continuing
education every year after the initial certification to renew certification. These
hours must be a program or seminar approved by providers of approved
continuing education, a seminar approved for continuing education by another
state's board of chiropractic examiners or equivalent, or a seminar otherwise
approved by the board. Proof of meeting continuing education requirements must
be submitted with the certified chiropractic clinical assistant's renewal application.
b. For an applicant who first receives initial certification between December first of
the year immediately before renewal and March first, the certification is deemed
to be automatically renewed on March first for an additional year without payment
of an additional renewal fee.
6. A certified chiropractic clinical assistant must be under the direct supervision of a North
Dakota licensed chiropractor in good standing with the board. Direct supervision
means the oversight provided by the chiropractor over the clinical services performed
by a certified chiropractic clinical assistant, and requires the chiropractor to be on the
premises at all times and readily available to instruct the certified chiropractic clinical
assistant throughout the performance of the clinical services.
7. The certified chiropractic clinical assistant may assist the chiropractor in patient care
involving physiotherapy, electrotherapy, hydrotherapy, chiropractic rehabilitative
therapy, administrative processes, and other activities as needed to assist in the
practice of chiropractic. The certified chiropractic clinical assistant may perform
delegated duties commensurate with the certified chiropractic clinical assistant's
education and training, but may not evaluate, interpret, design, or modify established
treatment programs of chiropractic care or violate any statute. Certified chiropractic
clinical assistants may not participate in clinical decisionmaking, render manipulative
chiropractic care, create or change the course of a chiropractic treatment plan, or
represent themselves as independent health care providers. A certified chiropractic
clinical assistant may not perform medical imaging unless also licensed under chapter
43-62.
8. The board may deny certification of an applicant, or may revoke, suspend, or take
other appropriate disciplinary or corrective action regarding the certification of any
certified chiropractic clinical assistant who:
a. Has a mental or physical condition that renders the individual unable to safely
engage in patient care.
b. Has been declared incompetent by a court.
c. Is suffering from alcoholism or drug addiction that endangers the public by
impairing the certified chiropractic clinical assistant's ability to practice safely.
d. Procured the certification to practice by fraud or mistake.
e. Has engaged in unprofessional or dishonorable conduct.

f. Has been convicted of a crime involving sexual misconduct, infliction or physical
harm or bodily injury to another individual, corruption, or dishonesty which would
affect the certified chiropractic clinical assistant's ability to safely engage in
patient care.
g. Has aided or assisted a noncertified individual to practice as a certified
chiropractic clinical assistant.
h. Has made advertising statements that are deceiving or misleading to the public.
i. Has had disciplinary action taken in another jurisdiction.
j. Has committed any violation of regulations regarding chiropractic found in this
chapter or rules adopted by the board.
k. Has practiced as a certified chiropractic clinical assistant while the certification
was suspended or revoked.
l. Is found to have committed unprofessional conduct, which includes:
(1) Willfully harassing, abusing, or intimidating a patient either physically or
verbally.
(2) Any conduct that has endangered or is likely to endanger the health or
safety of the public.
(3) Conviction of a crime related to the qualification of a certified chiropractic
clinical assistant.
(4) Conviction of a felony or any offense involving sexual misconduct, infliction
of physical harm or bodily injury to another individual, dishonesty, or
corruption.
(5) Conviction of violating any law or regulation concerning the dispensing or
administration of narcotics, dangerous drugs, or controlled substances.
(6) Knowingly making or signing any false certificates related to the chiropractic
care administered.
(7) Participation in any act of fraud.
(8) Except as required by law, the unauthorized disclosure of any information
about a patient revealed or discovered during the course of examination or
treatment.
(9) Delegating professional responsibilities to a person that is not certified to
provide the services.
(10) Initiating or engaging in any sexual conduct, sexual activities, or sexualizing
behavior involving a current patient even if the patient attempts to sexualize
the relationship, except when the patient is the certified chiropractic clinical
assistant's spouse or significant other.
9. Disciplinary procedures will be conducted in accordance with chapter 28-32, with the
following provisions:
a. Complaints must be filed and signed in written form or may be considered by the
board on the board's own motion.
b. The board shall notify the certified chiropractic clinical assistant and the employer
regarding any complaints filed. Full and timely cooperation is required in the
investigation.
c. The board may appoint a peer review committee at the board's discretion. The
peer review committee has the same authority as a peer review committee
appointed under section 43-06-14.1.
d. If the board finds probable cause to impose disciplinary action, the board shall
prepare a complaint and serve the complaint to the certified chiropractic clinical
assistant and employer.
10. Certification is not required for individuals who solely perform administrative activities
of a nonclinical nature.

### § 43-06-17. Right of chiropractor to practice in public and private hospitals and

institutions.
A licensed chiropractor may practice under the same standards as other health practitioners
in any public or private hospital or other institution in this state, when requested so to do by any
patient or the guardian of any patient.
### § 43-06-17.1. Temporary suspension - Appeal.

1. If based on verified evidence the board determines by a clear and convincing standard
that the evidence presented to the board indicates that the continued practice by the
chiropractor would create significant risk of serious and ongoing harm to the public
while a disciplinary proceeding is pending, and that immediate suspension of the
chiropractor's license is required to reasonably protect the public from the risk of harm,
the board may order a temporary suspension ex parte. For purposes of this section,
"verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice of the suspension of the
chiropractor, which must include a copy of the order and complaint, the date set for a
full hearing, and, upon request, a specific description of the nature of the evidence,
including a list of all known witnesses and a specific description of any documents
relied upon by the board in ordering the temporary suspension must be made
available to the chiropractor.
2. An ex parte suspension remains in effect until a final order is issued after a full hearing
or appeal under this section or until the suspension is otherwise terminated by the
board.
3. The board shall conduct a hearing on the merits of the allegations to determine what
disciplinary action, if any, will be taken against the chiropractor who is the subject of
the ex parte suspension. That hearing must be held not later than thirty days from the
issuance of the ex parte temporary suspension order. The chiropractor is entitled to a
continuance of the thirty-day period upon request for a period determined by the
hearing officer.
4. The chiropractor may appeal the ex parte temporary suspension order before the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition.
5. Any medical record of a patient, or other document containing personal information
about a patient, which is obtained by the board is an exempt record as defined in
section 44-04-17.1.
### § 43-06-18. State's attorney to enforce law.

The state's attorney of each county in this state shall enforce section 43-06-19 and
prosecute all violations of this section, and the executive director of the board, under the
direction of the board, shall aid in the enforcement of this chapter.
### § 43-06-19. Penalty.

1. It is a class B misdemeanor for any person who fraudulently procures a license to
practice chiropractic or who, without complying with the provisions of this chapter:
a. Practices or attempts to practice chiropractic;
b. Advertises as a chiropractor; or
c. Uses the terms or letters, doctor of chiropractic, chiropractor, D.C., chiropractic
physician, or any other title that will induce the belief that the person is engaged
in the practice of chiropractic.
2. It is an infraction for any person that fraudulently procures a certification to practice as
a certified chiropractic clinical assistant or that, without complying with the provisions
of this chapter:
a. Practices or attempts to practice as a certified chiropractic clinical assistant;
b. Advertises as a certified chiropractic clinical assistant; or

c. Uses the terms or letters certified chiropractic clinical assistant, certified
chiropractic clinical assistant, or any other title that will induce the belief the
person is engaged in the practice of chiropractic as a certified chiropractic
assistant.
