New Hampshire Statutes and Administrative Rules Governing Chiropractic Practice
The statutory backbone
New Hampshire chiropractic practice is governed primarily by RSA 316-A, the Chiropractic Practice Act. The Act creates the Board of Chiropractic Examiners, defines chiropractic, sets licensure and disciplinary authority, and delegates detailed rulemaking. The Board's administrative rules appear in the New Hampshire Code of Administrative Rules, Chapter Chi 300 et seq., covering licensure, practice standards, continuing education, ethics, and hearings. Because rules are adopted under RSA 541-A, they must be consistent with the statute; a rule cannot expand the Board's authority or the scope of practice beyond what the legislature granted.
How to read the hierarchy
- Statute: grants power, defines unprofessional conduct, authorizes sanctions.
- Rule: fills in forms, fees, CE categories, recordkeeping, and hearing procedure.
- Board order: applies statute and rule to a specific licensee; it does not create new law.
- RSA 541-A: governs rulemaking and contested cases, including notice and appeal rights.
Worked example
A licensee receives a Board subpoena for patient records during an investigation. She argues the Board has no rule specifically saying it can subpoena records. The statute authorizes investigations and the Board's rules implement them; RSA 541-A supplies contested-case procedure. The demand is valid if issued under the Board's statutory investigative authority and the rule's procedure. The key is not whether a single rule repeats the word "subpoena," but whether statute and rule together authorize the action.
Traps
Do not cite a rule as the source of scope when the statute is controlling. Do not assume the Board can discipline for conduct that is neither in the statute nor an adopted rule. Watch mandatory "shall" language and do not treat a policy statement as a rule.