ND Chiropractic Jurisprudence cheat sheet

Chiropractic practice in North Dakota is governed by N.D.C.C. ch. 43-06 (chiropractic) with administrative rules adopted by the Board; the statute defines scope, licensure, and discipline authority.

Practice is defined around the detection and correction of vertebral subluxation and the adjustment/manipulation of the spine and articulations, plus ancillary procedures authorized by statute or rule.

Statute and rule, not custom, set the outer boundary of practice; a procedure not authorized by statute or Board rule falls outside scope even if taught in chiropractic school.

Board rule governs which adjunctive or diagnostic modalities a licensee may use; the Board's rulemaking authority is the operative source for modality lists.

Scope questions are resolved by reading the statute first, then the Board's administrative rules; Board policy statements and interpretive guidance fill gaps but do not override rule text.

A licensee practicing outside the statutory scope is subject to discipline independently of whether the patient was harmed.

Corporate-practice and ownership rules limit who may own a chiropractic practice and employ a chiropractor; fee splitting and referral arrangements are separately regulated.

Use of the title 'chiropractor' or 'Doctor of Chiropractic' and any representation of licensure requires an active North Dakota license.

Licensure requires application to the Board, evidence of graduation from a Board-recognized chiropractic college, and passage of the required national board examinations.

Applicants must pass a jurisprudence examination covering North Dakota statutes and Board rules before licensure.

The Board may require criminal history background checks and fingerprinting as part of the application; disqualifying convictions are evaluated under the Board's statutory criteria.

Licenses are renewed on the Board's established cycle with a renewal fee; practicing on a lapsed license is unlicensed practice and a separate violation.

Renewal requires completion of the required continuing education hours for the preceding period; CE is reported on the renewal application and audited by the Board.

Inactive or retired status, if available, permits retention of the license without active practice; inactive status does not authorize patient care.

A licensee must notify the Board of a change of name or address within the period set by Board rule.

Licensee information maintained by the Board is public to the extent provided by law; the Board publishes a roster of licensed chiropractors.

The Board regulates chiropractic licensure, renewal, and discipline; it exercises quasi-judicial authority in contested cases and quasi-legislative authority in rulemaking.

Board members are appointed by the Governor and include practicing chiropractors plus public members; composition and terms are fixed by statute.

Board members are subject to conflict-of-interest and removal provisions; a member with a personal interest in a matter must recuse.

The Board may investigate complaints, issue subpoenas, administer oaths, and compel production of records relevant to an investigation.

Contested cases follow the Administrative Agencies Practice Act (N.D.C.C. ch. 28-32): notice, hearing, proposed decision, and Board final order.

Final Board orders are appealable to the district court under ch. 28-32; the court reviews the record, not new evidence.

The Board may impose sanctions including reprimand, probation with conditions, suspension, revocation, and civil penalties as authorized by statute.

Board rulemaking follows the Administrative Rules Committee process under N.D.C.C. ch. 28-32; rules take effect only after that review.

Grounds for discipline include fraud or misrepresentation in obtaining a license, practice outside scope, and practicing while impaired.

Unprofessional conduct includes gross negligence, incompetence, and departure from accepted standards of chiropractic care.

Discipline may follow a conviction of a crime involving moral turpitude or a crime related to the practice of chiropractic.

Failure to cooperate with a Board investigation, including ignoring subpoenas or providing false statements, is itself a ground for discipline.

Aiding unlicensed practice - allowing an unlicensed person to perform chiropractic procedures - is a violation by the licensee.

Patient abandonment, and termination of the provider-patient relationship without adequate notice and referral, is a disciplinary ground.

Discipline may be imposed for conduct in another jurisdiction that would be a violation in North Dakota, even absent a North Dakota complaint.

The Board may seek injunctive relief against unlicensed practice; unlicensed practice is separately criminally sanctionable under the statute.

The treating chiropractor must maintain a patient record documenting history, examination findings, diagnosis, treatment rendered, and patient response.

Records must be legible, contemporaneous, and retained for the period required by Board rule; retention obligations survive closure or sale of a practice.

Informed consent requires disclosure of the diagnosis, proposed treatment, material risks and alternatives, and the patient's opportunity to ask questions.

Consent must be obtained before treatment and documented in the record; consent for one course of care does not authorize unrelated procedures.

Patient information is confidential and may be disclosed only with written authorization or as required or permitted by law.

Mandatory disclosures without authorization include statutory reporting, court order or subpoena meeting legal requirements, and Board investigations.

Patients have a right of access to their records; a copy must be provided within the time and for the fee permitted by law.

Records of a minor or incompetent patient are released to the parent, guardian, or legally authorized representative consistent with law.

Advertising must be truthful and not misleading; a licensee may not claim superiority, guarantee results, or misrepresent credentials or licensure status.

Use of the title 'Doctor' in advertising must be accompanied by the degree held and identification of the license type, so the public is not misled.

Testimonials and patient solicitation must comply with Board rules on deceptive or sensational advertising.

Fee splitting - paying or receiving compensation for patient referrals not based on services rendered - is prohibited.

Paying a percentage of fees to a non-licensee for referral or use of the licensee's name is prohibited unless expressly authorized by statute.

Professional boundaries prohibit sexual contact with a patient and exploitation of the provider-patient relationship for financial or personal gain.

Billing for services not rendered, and upcoding or unbundling to increase reimbursement, constitutes fraud and unprofessional conduct.

Soliciting patients during an acute episode, or using undue influence to extend care beyond medical necessity, violates professional-boundary rules.

Renewal requires the continuing education hours set by Board rule for each renewal period, with a specified minimum in jurisprudence or ethics where required.

CE credit is granted only for Board-approved or Board-recognized programs; self-study and unapproved online courses may not count.

Licensees must retain CE certificates and documentation for the audit period set by rule; the Board audits a sample of renewals.

Deficient CE at renewal results in a conditional or probationary renewal, not automatic waiver; the deficiency must be cured.

Ethics obligations include honesty in Board filings, accurate representations of credentials, and compliance with scope limits.

A licensee must self-report adverse actions taken by another licensing jurisdiction or by a hospital or health system within the time set by rule.

Impairment from substance use or mental health conditions is addressed through Board-approved treatment and monitoring programs rather than automatic revocation.

Failure to complete CE or to respond to a Board audit is independently disciplinable as unprofessional conduct.

Licensees must report to the Board any knowledge of a chiropractor practicing while impaired or practicing outside the scope of the license.

A licensee must report unlicensed practice of chiropractic to the Board.

Reportable public-health conditions - including specified communicable diseases - must be reported to the North Dakota Department of Health and Human Services under N.D.C.C. ch. 23-07.

Suspected child abuse or neglect must be reported to the Department of Health and Human Services or law enforcement under N.D.C.C. ch. 50-25.1.

Suspected abuse, neglect, or exploitation of a vulnerable adult must be reported under N.D.C.C. ch. 50-25.2.

Reports made in good faith are immune from civil liability; failure to report as required is a violation subject to discipline.

A chiropractor must not treat a patient whose condition requires care outside chiropractic scope without referral to an appropriate provider.

Public-health duties include cooperating with Board investigations and responding to Board inquiries within the time specified in the notice.

Renewal requires the continuing education hours set by Board rule for each renewal period, with a specified minimum in jurisprudence or ethics where required.

CE credit is granted only for Board-approved or Board-recognized programs; self-study and unapproved online courses may not count.

Licensees must retain CE certificates and documentation for the audit period set by rule; the Board audits a sample of renewals.

Deficient CE at renewal results in a conditional or probationary renewal, not automatic waiver; the deficiency must be cured.

Ethics obligations include honesty in Board filings, accurate representations of credentials, and compliance with scope limits.

A licensee must self-report adverse actions taken by another licensing jurisdiction or by a hospital or health system within the time set by rule.

Impairment from substance use or mental health conditions is addressed through Board-approved treatment and monitoring programs rather than automatic revocation.

Failure to complete CE or to respond to a Board audit is independently disciplinable as unprofessional conduct.

Licensees must report to the Board any knowledge of a chiropractor practicing while impaired or practicing outside the scope of the license.

A licensee must report unlicensed practice of chiropractic to the Board.

Reportable public-health conditions - including specified communicable diseases - must be reported to the North Dakota Department of Health and Human Services under N.D.C.C. ch. 23-07.

Suspected child abuse or neglect must be reported to the Department of Health and Human Services or law enforcement under N.D.C.C. ch. 50-25.1.

Suspected abuse, neglect, or exploitation of a vulnerable adult must be reported under N.D.C.C. ch. 50-25.2.

Reports made in good faith are immune from civil liability; failure to report as required is a violation subject to discipline.

A chiropractor must not treat a patient whose condition requires care outside chiropractic scope without referral to an appropriate provider.

Public-health duties include cooperating with Board investigations and responding to Board inquiries within the time specified in the notice.