LA Chiro Juris flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Chiropractic statutory definition

Under Louisiana law, chiropractic is the science and art of locating and correcting subluxations of the articulations of the human body, including the spine, and adjusting those articulations by hand or instrument.

Statutory location of practice act

The Louisiana Chiropractic Practice Act appears in Louisiana Revised Statutes Title 37, Sections 2801 and following, which create the board and define licensed chiropractic practice.

Adjunctive procedures authority

The board may authorize chiropractors to use adjunctive procedures such as physiotherapy modalities, thermal and electrical therapy, and nutritional counseling when consistent with the statutory definition of chiropractic.

Unlicensed practice consequence

Practicing chiropractic or using the title chiropractor without a current Louisiana license is unlawful, may be enjoined, and is subject to criminal penalty and board action.

Initial licensure requirements

Applicants must graduate from a Council on Chiropractic Education accredited college, pass National Board of Chiropractic Examiners examinations, pass a Louisiana jurisprudence examination, and submit fingerprints for background checks.

Annual renewal and penalty

Louisiana chiropractic licenses renew annually on the board's designated date; late renewal incurs a delinquency penalty, and practicing on a lapsed license constitutes unlicensed practice.

Continuing education mandates

Each renewal cycle requires board-set continuing education hours, including mandated hours in jurisprudence, ethics, and recordkeeping or risk management, earned only from approved sponsors.

Reinstatement of lapsed license

Reinstatement generally requires payment of all past-due fees and penalties, proof of continuing education for the lapsed period, and board approval of a reinstatement application.

Board composition

The Louisiana Board of Chiropractic Examiners is composed of governor-appointed chiropractic physician members and at least one consumer member serving staggered terms with geographic representation.

Board investigative powers

The board may issue subpoenas for records and testimony, administer oaths, compel witness attendance, and conduct investigations in furtherance of its licensing and disciplinary duties.

Administrative Procedure Act

Board hearings follow the Louisiana Administrative Procedure Act, Revised Statutes 49:950 and following, which governs notice, evidence, hearing conduct, and judicial review of final decisions.

Open meetings and records

Board meetings are subject to the Louisiana Open Meetings Law and its records to the Public Records Law, subject to exceptions protecting investigative and confidential patient information.

Statutory disciplinary grounds

Grounds include fraud in licensure, unprofessional conduct, incompetence, negligence, habitual intoxication, felony conviction, rule violations, aiding unlicensed practice, and failure to obey board orders.

Complaint intake process

A complaint from a patient, licensee, agency, or the board is screened, may be investigated, and may be dismissed or pursued through a formal charge and hearing.

Available sanctions

Sanctions include reprimand, probation with conditions, suspension, revocation, administrative fines, restitution, and assessment of investigative and hearing costs against the licensee.

Summary suspension standard

The board may summarily suspend or restrict a license when continued practice poses an imminent danger to the public, provided a prompt post-deprivation hearing follows.

Record content requirements

Each patient record must document history, examination findings, diagnosis, treatment plan, services rendered, and patient response, and must be legible and maintained as required by board rule.

Record retention and release

Records must be retained for the board-required period even after practice closure, and released to the patient or authorized representative on proper written request subject to permitted fees.

Informed consent elements

Valid informed consent documents disclosure of diagnosis, proposed treatment, material risks and benefits, reasonable alternatives, and consequences of declining care, evidenced in the chart.

Cervical manipulation disclosure

Consent for cervical adjustment should address common soreness and the rare but material risk of vertebrobasilar injury, consistent with the duty to disclose material risks.

Confidentiality exceptions

Patient information may be disclosed only with authorization, for treatment or payment, or as required by law, consistent with HIPAA and Louisiana privacy protections for sensitive health information.

Truthful advertising rule

Advertising must be truthful and not misleading; claims of superior skill, guaranteed results, or cures are prohibited, and fee advertising must disclose material conditions.

Title and credential accuracy

Licensees may not use titles or designations implying credentials they do not hold and must identify themselves accurately as licensed chiropractors in advertising and practice.

Fee splitting prohibition

Paying or receiving compensation for patient referrals, and splitting fees, is prohibited except as specifically permitted by law, and must be disclosed where a financial interest exists.

Sexual boundary prohibition

Sexual contact or romantic involvement with a current patient is prohibited, as is exploitation of the professional relationship or of patient transference for personal gain.

Impairment reporting duty

Licensees must report to the board knowledge of a chiropractor practicing while impaired by alcohol, drugs, or a physical or mental condition affecting competence.

Mandatory abuse reporting

Licensees must report suspected child abuse or neglect to the Department of Children and Family Services and suspected abuse of elderly or dependent adults to the appropriate authority.

Impaired professional program

The board may refer licensees to an approved impaired professional program; successful completion may mitigate sanctions but does not eliminate the underlying disciplinary exposure.

Patient abandonment

Terminating the professional relationship without adequate notice, documentation, and arrangements for continued care constitutes abandonment, which is a disciplinary ground.

Direct access to chiropractic

Louisiana permits patients to consult a chiropractor without physician referral, and insurers may not impose a referral requirement where the law prohibits it for covered chiropractic services.

Insurance nondiscrimination

Chiropractors are recognized providers under Louisiana insurance law and must be reimbursed for covered services within scope of licensure on the same basis as other recognized providers.

Workers compensation treatment rules

Workers' compensation chiropractic care under Revised Statutes 23:1021 and following must be reasonable and necessary and is subject to the Medical Treatment Guidelines and utilization review.

Professional corporation ownership

Under the Louisiana Professional Corporation Law, ownership of a chiropractic professional corporation is restricted to licensed professionals, limiting lay ownership and control of clinical decisions.