MS Chiropractic Jurisprudence flashcards

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

Practice Act source of authority

The Mississippi chiropractic statute authorizes the Board of Chiropractic Examiners to license, regulate, and discipline chiropractors; Board rules must stay within that statutory grant.

Statutory definition controls scope

A chiropractor may perform only services falling within the statutory definition of chiropractic; competence or extra training alone does not expand the lawful scope.

Board rulemaking limits

The Board may adopt rules necessary to enforce the Practice Act, but a rule conflicting with the statute is invalid and cannot support a disciplinary sanction.

Board investigative powers

The Board may investigate complaints, subpoena records and witnesses, administer oaths, and pursue formal charges through the administrative contested-case process.

Judicial review standard

Courts reviewing a final Board order defer to factual findings supported by substantial evidence and decide legal questions without deference to the agency.

Licensure qualifications

Applicants must show accredited chiropractic education, passage of required examinations, and satisfactory character and fitness before the Board issues a license.

Application misstatement

A material false statement or omission on a license application is an independent ground for denial or discipline, even if the applicant is otherwise qualified.

Continuing education audit

Licensees must document Board-approved continuing education with certificates or transcripts; the Board audits compliance and may require proof at renewal.

Lapsed license practice

Practicing while a license is expired, inactive, or delinquent is unlicensed practice and exposes the person to both criminal and administrative consequences.

Reinstatement requirements

Reinstatement of a lapsed or revoked license requires an application, fees, proof of continuing education, and Board approval, often with imposed conditions.

Chiropractic scope core

Lawful chiropractic care centers on detection and correction of vertebral subluxation and related neuromusculoskeletal conditions through adjustment and allied procedures.

Prohibited medical acts

Chiropractors may not perform surgery, prescribe legend drugs, or practice medicine, osteopathy, dentistry, podiatry, or optometry under a chiropractic license.

Unlicensed delegation

A chiropractor may not delegate to unlicensed staff any act constituting chiropractic practice or requiring professional judgment and licensure.

Fee splitting prohibition

Paying or receiving compensation for patient referrals and splitting fees with referral sources are prohibited; fees must relate to services actually rendered.

Felony conviction ground

Conviction of a felony or a crime involving moral turpitude is a statutory ground for discipline, independent of the criminal case outcome.

Complaint screening

The Board screens and investigates complaints and may dismiss them, issue a citation, or authorize a formal complaint leading to a contested case.

Hearing rights

In a contested case the licensee receives notice of charges and may appear, be represented by counsel, present evidence, and cross-examine witnesses.

Available sanctions

Board sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and assessment of investigation and hearing costs.

Default after failure to appear

When a licensee fails to answer or appear after proper notice, the Board may enter default and decide the case on the record available.

Record content

Each patient record must document history, examination findings, diagnosis, treatment plan, services rendered, and the patient's response to care.

Informed consent elements

Valid informed consent discloses the nature of proposed care, material risks, reasonable alternatives, and the right to decline, and the discussion is documented.

Confidentiality exception

Patient information may be disclosed with written authorization, for treatment coordination, or when required or permitted by law, including mandatory reporting.

Record falsification

Altering, backdating, or fabricating a patient record to support billing or defend a complaint is unprofessional conduct and an aggravating disciplinary factor.

Truthful advertising

Advertising must be truthful and not misleading; claims of guaranteed cures, superior outcomes, or unheld credentials violate professional conduct standards.

Title use restriction

Only licensees may use the titles chiropractor, doctor of chiropractic, or D.C.; advertising may not imply credentials or specialties the licensee lacks.

Lay ownership restriction

Non-licensee ownership of a chiropractic practice is restricted; a lay entity may not control professional judgment or the delivery of chiropractic care.

Infection control policy

The office must maintain written infection-control policies covering hand hygiene, equipment and table disinfection, and safe handling of sharps and contaminated materials.

Reportable disease duty

Reportable communicable diseases must be reported to the Mississippi State Department of Health within the time frames established by state law and regulation.

Child abuse reporting

A chiropractor who suspects child abuse or neglect must report to the Department of Child Protection Services as required by Mississippi mandatory reporting law.

Vulnerable adult reporting

Suspected abuse, neglect, or exploitation of a vulnerable adult must be reported to the designated state agency, and failure to report is a violation.

APA rulemaking

Under the Mississippi Administrative Procedures Act, rules require the prescribed notice-and-comment process and filing; improperly adopted rules are unenforceable.

Contested case record

A contested case is decided on the hearing record; issues not raised before the agency generally cannot be raised for the first time on judicial review.