# Title 23 — Health and Safety

## Chapter 23-17 — Licensing Chiropractic Hospitals

### § 23-17-01. Chiropractic hospitals shall obtain licenses.

No person, partnership, association, corporation, or limited liability company may establish,
conduct, or maintain in the state of North Dakota a chiropractic hospital, sanatorium, or related
institution for the hospitalization and care of the sick or injured without first obtaining a license in
the manner hereinafter provided.
Chiropractic hospitals, sanatoriums, or other related institutions within the meaning of this
chapter mean any institution, place, building, or agency in which any accommodation is
maintained, furnished, or offered for the hospitalization of the sick or injured, by chiropractic
methods.
Hospitalization within the meaning of this chapter is defined as the reception and care of
any person for a continued period longer than twenty-four hours for the purpose of giving
advice, diagnosis, or treatment bearing on the physical or mental health of such persons.
Nothing in this chapter applies to hotels or other similar places that furnish only board or room,
or either, to their guests. Nothing in this chapter authorizes any person, partnership, association,
corporation, or limited liability company to engage in the practice of the healing art or the
practice of chiropractic as defined by law.
### § 23-17-02. Existing hospitals, institutions, to obtain licenses.

No person, partnership, association, corporation, or limited liability company may continue
to operate an existing chiropractic hospital, sanatorium, or related institution, or open a
chiropractic hospital, sanatorium, or related institution, after January 1, 1948, unless such
operation has been approved by the national council of chiropractic hospitals and sanatoriums,
and regularly licensed by the state board of chiropractic examiners as provided hereinafter.
Before a license may be issued under this chapter, the person applying shall submit evidence
satisfactory to the chiropractic board of examiners that the person is not less than eighteen
years of age and is of reputable and responsible character; in the event the applicant is an
association, limited liability company, or corporation, like evidence must be submitted as to the
members thereof and the persons in charge. All applicants shall, in addition, submit satisfactory
evidence of their ability to comply with the minimum standards of this chapter and all rules
adopted thereunder.
### § 23-17-03. Application for licenses.

Any person, partnership, association, corporation, or limited liability company desiring a
license hereunder shall file with the state chiropractic board of examiners a verified application
containing the name of the applicant desiring the license; whether such person so applying is
eighteen years of age; the type of institution to be operated; the location thereof; the name of
the person or persons in charge thereof, and if they have met the minimum standards set by the
national council of chiropractic hospitals and sanatoriums; and such other information as the
state board of chiropractic examiners may require. Application on behalf of a corporation, limited
liability company, or association must be made by any two officers or managers thereof or by its
managing agents.
### § 23-17-04. Fees.

The application for a license to operate a chiropractic hospital, sanatorium, or related
institution within the meaning of this chapter must be accompanied by a fee of five dollars. No
such fee may be refunded. All such licenses issued by the North Dakota state chiropractic board
of examiners under this chapter expire on the thirty-first day of December each year, must be on
a form prescribed by said department, shall not be transferred or assignable, may be issued
only for the premises named in the application, must be posted in a conspicuous place on the
licensed premises, and may be renewed from year to year upon application, investigation by the
state chiropractic board of examiners, and payment of a license fee, as in the case of
procurement of an original license.

### § 23-17-05. Inspections.

Every building, institution, or establishment for which a license has been issued under this
chapter must be periodically inspected by sanitary engineers and firefighters who shall report as
to safety of the institution to the state chiropractic board of examiners which board shall also
inspect the institution under the rules to be established by said board of examiners. No
institution of any kind licensed pursuant to the provisions of this chapter may be required to be
licensed or inspected under the laws of this state relating to hotels, restaurants, or
lodginghouses.
### § 23-17-06. State chiropractic board of examiners to issue licenses.

The state chiropractic board of examiners is hereby authorized to issue licenses to operate
chiropractic hospitals and sanatoriums or other related institutions as herein defined, which,
after inspection are to comply with the provisions of this chapter, and any regulations adopted
by said state board of examiners. All decisions of this board may be reviewed in the district court
in the county in which such institution is located or contemplated. The state board of chiropractic
examiners is hereby authorized to suspend or revoke a license issued hereunder, on any of the
following grounds:
1. Violation of any of the provisions of this chapter or the rules and regulations issued
pursuant thereto.
2. Permitting, aiding, or abetting the commission of any illegal act in such institution.
3. Conduct or practices detrimental to the welfare of the patient of said institution.
Provided that before any such license issued hereunder is suspended or revoked, thirty days'
written notice must be given the holder thereof of the date set for hearing of the complaint. The
holder of such license must be furnished with a copy of said complaint and is entitled to be
represented by legal counsel at such hearing. Such notice must be given by the state board of
chiropractic examiners by registered or certified mail. If a license is revoked as herein provided,
a new application for license may be considered by the state chiropractic board of examiners
when, and after, the conditions upon which revocation was based have been corrected and
evidence of this fact has been satisfactorily furnished. A new license may then be granted after
proper inspection has been made and all provisions of this chapter and rules and regulations
hereunder as heretofore and hereinafter provided have been complied with.
### § 23-17-07. Standards established.

The state chiropractic board of examiners has the power to establish standards under this
chapter which it finds necessary and in public interests and, in like manner, it may rescind,
amend, or modify such regulations from time to time as may be in the public interests, insofar as
such action is not in conflict with any of the provisions of this chapter.
### § 23-17-08. Establishment of advisory committee.

The chiropractic board of examiners shall request the governor to appoint an advisory
committee consisting of the commissioner of the department of health and human services or
designee, one chiropractic hospital superintendent, and one person interested in chiropractic
hospitals. One member is to serve for three years, one for two, and one is to serve for one year
from the date of their appointment or until their successors are duly appointed. Following this
first appointment, the term of office must be for three years. This advisory committee shall act in
an advisory capacity to the chiropractic board of examiners in dealing with matters pertaining to
particular problems of chiropractic hospitals and sanatoriums and other related institutions.
### § 23-17-09. Information not to be disclosed.

Information received by the state board of chiropractic examiners through inspections and
authorized under this chapter is confidential and may not be disclosed except in a proceeding
involving the question of licensure.

### § 23-17-10. Violations - Penalties.

Any person establishing, conducting, managing, or operating any chiropractic hospital or
sanatorium within the meaning of this chapter, without first obtaining a license therefor as herein
provided, or who violates any provision of this chapter or regulation thereunder, is guilty of an
infraction.
### § 23-17-11. Acceptance of federal funds, supplies, and equipment for chiropractic

hospitals.
The state board of chiropractic examiners is hereby authorized and empowered for, and on
behalf of, the chiropractic profession and their patients in the state of North Dakota to accept
any funds or grants through appropriate channels and any supplies and equipment which may
be made available to this state for hospital facilities, goods, and services.
