Board Composition, Authority, and Administrative Procedures
Domain 2 tests the Missouri Board of Chiropractic Examiners: who sits on it, what it can do, and how it must conduct business.
Composition and authority
- The board is a governor-appointed body. Under the Act it is composed of licensed chiropractors and one public member; members serve staggered terms and are subject to Senate confirmation. The public member represents consumer interests and is not a chiropractor.
- Authority includes adopting rules, setting examination and licensing procedures, issuing and renewing licenses, investigating complaints, and imposing discipline. The board does not award damages to patients; that is a civil court function.
- Administrative procedure is governed by Chapter 536, RSMo. Contested cases require notice, an opportunity to be heard, a record, and a written decision. The board may subpoena witnesses and records. Final decisions are appealable to circuit court.
Worked example
The board receives a complaint that a licensee falsified continuing-education certificates. Staff investigate and the board issues a notice of hearing. At the hearing the licensee may appear with counsel, present evidence, and cross-examine witnesses. If the board finds a violation, it may reprimand, suspend, or revoke; it must base findings on the record. The licensee may seek judicial review within the statutory deadline.
Traps
Do not say the board can “arrest” or “prosecute”; it is an administrative licensing agency. Do not assume a board investigator may enter a private office without consent or a subpoena. Do not miss the difference between a board rule adopted under the Act and a statute. Do not ignore the public member’s consumer role.