AL Chiropractic Jurisprudence cheat sheet
AL Chiropractic Jurisprudence · Keep the key ideas within reach.
Alabama Chiropractic Practice Act: Statutory Framework, Definitions, and Scope of Practice
The Alabama Chiropractic Practice Act is codified at Ala. Code §§ 34-24-160 to 34-24-178.
Chiropractic is defined as the science and art of locating and correcting subluxations of the articulations of the human body, primarily the spine, and the adjustment of same by hand or instrument.
Practice of chiropractic includes the use of x-rays, physical modalities, and nutritional counseling as adjuncts, but does not include surgery, prescription drugs, or obstetrics.
A chiropractor may not perform major surgery or prescribe or administer drugs for human consumption, except as otherwise provided by law.
The Board may adopt rules defining the scope of practice, including the use of instruments and adjunctive procedures.
Chiropractic assistants may perform duties delegated by a licensed chiropractor under direct supervision, as defined by Board rule.
The Act prohibits the practice of chiropractic without a license and provides penalties for violations.
The Board may issue advisory opinions on scope of practice, but these are not binding on courts.
Licensure Requirements, Application Procedures, and Examination Eligibility
Applicants must be at least 21 years old, of good moral character, and hold a diploma from a chiropractic college accredited by the Council on Chiropractic Education (CCE).
Applicants must pass Parts I, II, III, and IV of the National Board of Chiropractic Examiners (NBCE) examinations, or an equivalent examination as determined by the Board.
The Board may require a jurisprudence examination covering the Alabama Chiropractic Practice Act and Board rules.
Applications must be accompanied by the required fee, official transcripts, and proof of NBCE scores.
The Board may issue a license by reciprocity or endorsement to chiropractors licensed in another state with equivalent requirements.
Temporary licenses may be issued to applicants who meet all requirements except the jurisprudence examination, under conditions set by the Board.
Licenses must be renewed biennially (every two years) by September 30 of odd-numbered years, with a late fee for delinquent renewal.
The Board may deny licensure for convictions of crimes involving moral turpitude or for violations of the Act.
Board Structure, Authority, Rulemaking, and Administrative Procedures
The Alabama Board of Chiropractic Examiners consists of five members appointed by the Governor: four licensed chiropractors and one consumer member.
Board members serve staggered five-year terms and may not serve more than two consecutive terms.
The Board has the authority to adopt rules and regulations to carry out the Act, subject to the Alabama Administrative Procedure Act (Ala. Code §§ 41-22-1 et seq.).
Rulemaking requires notice, public hearing, and filing with the Legislative Reference Service; rules are subject to legislative review.
The Board may investigate complaints, hold hearings, subpoena witnesses, and administer oaths.
Hearings must comply with due process; respondents have the right to counsel, to present evidence, and to cross-examine witnesses.
Board decisions may be appealed to the circuit court of Montgomery County within 30 days.
The Board may impose civil penalties, issue reprimands, suspend or revoke licenses, and assess costs.
Discipline, Grounds for Revocation or Suspension, and Enforcement
Grounds for discipline include fraud, deceit, incompetence, negligence, unprofessional conduct, and violation of Board rules.
Conviction of a felony or a crime involving moral turpitude is a ground for discipline.
The Board may suspend or revoke a license for practicing beyond the scope of chiropractic, including performing surgery or prescribing drugs.
Disciplinary actions include reprimand, probation, suspension, revocation, and civil penalties up to $5,000 per violation.
The Board may summarily suspend a license if there is an imminent danger to the public health, safety, or welfare.
A licensee must report any adverse action taken by another state or jurisdiction within 30 days.
The Board may require a licensee to undergo a mental or physical examination if there is reason to believe the licensee is impaired.
Violations of the Act may also result in criminal penalties, including fines and imprisonment.
Advertising, Recordkeeping, Informed Consent, and Patient Rights
Advertising must be truthful, not misleading, and must include the licensee's name and title (e.g., 'D.C.').
False, deceptive, or misleading advertising is grounds for discipline, including claims of guaranteed cures or superior results.
Chiropractors must maintain patient records for at least five years from the date of the last treatment, or longer for minors (until age 21).
Patient records must be confidential and may be released only with written authorization or as required by law.
Informed consent must be obtained before treatment, explaining the nature of the procedure, risks, benefits, and alternatives.
Patients have the right to access their records, to refuse treatment, and to be treated with dignity.
Testimonials in advertising must be genuine and may not imply that similar results will be achieved by others.
The Board may require the posting of a notice informing patients of the complaint process.
Continuing Education, License Renewal, and Reinstatement
Licensees must complete 24 hours of continuing education (CE) every two years, including at least 2 hours in ethics and 2 hours in Alabama jurisprudence.
CE must be obtained from Board-approved providers; a list of approved providers is available from the Board.
At least 12 of the 24 CE hours must be in clinical subjects directly related to chiropractic.
License renewal applications must be submitted by September 30 of odd-numbered years with the required fee and proof of CE.
Late renewal is permitted within a grace period upon payment of a late fee, but practice is prohibited after expiration until renewed.
Reinstatement of a lapsed license requires completion of all delinquent CE and payment of renewal and late fees.
The Board may waive CE requirements for illness, military service, or undue hardship upon written request.
A licensee who fails to renew for more than two years may be required to reapply and retake the jurisprudence examination.
Professional Conduct, Ethics, and Mandatory Reporting
Chiropractors must report suspected child abuse or neglect to the Department of Human Resources (DHR) as required by Ala. Code § 26-14-3.
Chiropractors must report suspected elder abuse or neglect to the Department of Senior Services or law enforcement.
Chiropractors must report any adverse action taken against them by another licensing board within 30 days.
Chiropractors must report impaired colleagues to the Board or a professional assistance program.
Sexual misconduct with a patient is grounds for discipline and may constitute a criminal offense.
Chiropractors may not engage in fee-splitting or pay for patient referrals (kickbacks).
Chiropractors must not abandon patients without providing reasonable notice and access to records.
Confidentiality must be maintained except as required by law or with patient consent.
Related Alabama Law: Public Health, Infection Control, and Business Practice Requirements
Chiropractors must comply with Alabama Department of Public Health rules for infection control, including proper sterilization and disposal of sharps.
Chiropractors must obtain a business license and comply with local zoning and health department regulations.
Chiropractors must maintain professional liability insurance as a condition of licensure, as required by Board rule.
Chiropractors must comply with the Alabama Uniform Controlled Substances Act if they handle any controlled substances (though prescribing is prohibited).
Chiropractors must follow HIPAA privacy and security rules for protected health information.
Chiropractors must report communicable diseases to the Alabama Department of Public Health as required by law.
Chiropractors must display their license prominently in the office and include license number on advertising.
Chiropractors must comply with the Alabama Board of Medical Examiners' rules if collaborating with a physician.