reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-2 - LICENSURE › Section 190-X-2-.15 - Licensure By Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board may license an applicant if the applicant is licensed in another state
			 which under like condition grants reciprocal licensure without examination to
			 chiropractors duly licensed by examination in this state, and that in the
			 opinion of the board, has standards of practice or licensure equal to or
			 stricter that the requirements imposed by this state subject to the following
			 conditions:
(a) The applicant for licensure by
			 reciprocity must possess a license in good standing in all states in which the
			 applicant is licensed. At the time of the application, the applicant must have
			 practiced chiropractic for at least five (5) years and for the preceding three
			 (3) years the applicant must have been actively licensed and practicing
			 chiropractic in the reciprocating state.
(b) The applicant must not be the subject of
			 any pending complaint or investigation in any state or jurisdiction in which
			 the applicant holds or has held a license. The applicant must provide all
			 information, including any information or documentation requested by the Board,
			 in connection with any pending complaint or investigation for the Board's
			 review. The pendency of any complaint or investigation may be considered by the
			 Board as a reason for denying licensure by reciprocity.
(c) The applicant must not have been
			 disciplined in any state in which he or she holds or has held a license
			 resulting from conduct which would constitute a violation of any of the grounds
			 set forth in
Code of Ala. 1975
, Section
			 34-24-166.
(d) The applicant shall not have been
			 convicted of a felony or misdemeanor involving moral turpitude. A plea of nolo
			 contendere shall be considered a conviction.
(e) The applicant must be current with
			 continuing education requirements of the other state.
(f) The applicant must not have been found
			 guilty of any actions in any state which could have resulted in discipline
			 pursuant to
Code of Ala. 1975
, §
									34-24-166.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-2 - LICENSURE › Section 190-X-2-.16 - Inactive License (Out of State)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any licensee who is in active practice
			 outside the state of Alabama may apply to the Board for an Inactive (Out of
			 State) License.
(2) A inactive
			 license must complete renewal as provided in rule
			 190-X-2-.11(1)(2)(3)(4)(5).
(3) The annual fee for an inactive license
			 shall be one-half of the amount required by
			 190-X-2-.11(6).
(4) Any licensee who desires to change the
			 status of their license from Inactive to Active shall submit a Status Change
			 Application and any required documentation to the Board. The applicant must
			 receive a renewal card reflecting Active status prior to any actual practice in
			 Alabama. Failure to comply with this requirement may constitute unprofessional
			 conduct as provided in rule
			 190-X-5-.05.
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-140,
				  34-24-165.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-2 - LICENSURE › Section 190-X-2-.18 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Whenever the
			 Board determines as a result of a complaint that there is probable cause for
			 doing so, the Board may inspect the practice location or records of any
			 chiropractor or permit holder.
(b)
			 Any of the inspections referenced above may be conducted by a Board member(s)or
			 any duly authorized representative of the Board.
(c) The Board may, after Notice and hearing
			 provided for in this chapter, refuse to grant a license or permit or any
			 renewal thereof or to impose disciplinary sanctions outlined in this chapter if
			 any applicant, licensee or permit holder refuses to allow any inspection as set
			 forth above.
Author:
J Ward
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-123,
				  34-24-165.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-2 - LICENSURE › Section 190-X-2-.19 - Application; Licensure by Credentials

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definitions: The following definitions
			 shall apply to these rules:
(a) LICENSURE BY
			 CREDENTIALS. Licensure by credentials is to be used to evaluate the theoretical
			 knowledge and clinical skill of a chiropractor when an applicant holds a
			 chiropractic license in another state.
(b) BOARD. Board shall mean the Board of
			 Chiropractic Examiners of Alabama.
(c) ACT.
Code of Ala.
			 1975
, §
									34-24-120 et seq.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-3 - SPECIALTY CERTIFICATION › Section 190-X-3-.01 - Acupuncture

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition.
			 Acupuncture as used in this rule means a modality consisting of stimulating
			 various points on or within the human body or interruption of the cutaneous
			 integrity by specific needle insertion.
(2)
Practice
			 Permitted
. No person licensed to practice chiropractic in Alabama
			 shall practice Acupuncture unless they have complied with the following
			 requirements:
(a) A minimum of one hundred
			 hours of study.
(b) Pass an
			 examination administered by a school or college of chiropractic approved by the
			 Board or pass the National Board of Chiropractic Examiners Acupuncture
			 examination.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-3 - SPECIALTY CERTIFICATION › Section 190-X-3-.02 - Chiropractic Physiological Therapeutics

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Definition
.
			 Chiropractic Physiological Therapeutics includes, but is not limited to,
			 modalities which produce electrical current, light, air, water, thermal (hot
			 and cold), percussion, vibration, traction, massage, sonic wave; colonic
			 irrigation, and rehabilitation equipment (bracing and casting).
(2)
Practice
			 Permitted
. No person licensed to practice chiropractic in Alabama
			 shall practice Chiropractic Physiological Therapeutics unless they have
			 complied with the following requirements:
(a)
			 A minimum of one hundred twenty hours of study.
(b) Pass an examination administered by a
			 school or college approved by the Board or pass the National Board of
			 Chiropractic Examiners Physiotherapy examination. This applies to all persons
			 licensed to practice chiropractic in Alabama who matriculated in a chiropractic
			 college on or after January 1, 1988.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-3 - SPECIALTY CERTIFICATION › Section 190-X-3-.03 - Requirements For Certification To Perform Dry Needling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition. Dry Needling is a technique
			 within the scope of chiropractic medicine where the practitioner uses a
			 filiform needle to stimulate trigger points and treat neuromuscular pain and
			 deficit in functional movement. Dry Needling is appropriately indicated only
			 after an examination and diagnosis consistent with its use where specific
			 anatomical entities are identified according to physical signs.
Dry Needling does not include stimulation of auricular or
				distal points nor auricular detoxification, the latter being strictly limited
				to the five ear-part treatment protocol for detoxification, substance abuse or
				chemical dependency as set out by the National Acupuncture Detoxification
				Association.
(2) Must
			 complete in order to perform Dry Needling, a licensed chiropractor:
(a) Must be certified and maintain
			 certification in acupuncture as mandated by Board Rule 190-X-3.01 and any
			 future amendment thereto; and/or
(b) Submit documentation of completion of a
			 Dry Needling course of study approved by the Board, which at a minimum shall
			 include 12 hours of live face to face Dry Needling study.
Online or distance based courses do not qualify as an approved
				course of study.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Complaints
			 alleging any violation of the laws of the State of Alabama or rules of this
			 Board may be lodged by any person with the Executive Director by submitting a
			 written complaint. A copy of a complaint form is available on the Board's
			 website.
(2) In carrying out its
			 investigations, the Board shall have the power to issue subpoenas and compel
			 the attendance of witnesses and the production of all necessary papers, books,
			 records, documentary evidence and materials as set forth in
Code of
			 Ala. 1975
, Section
			 34-24-140.
(3) At any time during the course of an
			 investigation, the Board may, within its discretion, issue a Letter of Concern
			 to the licensee or permit holder who is the subject of the investigation. A
			 Letter of Concern shall consist of a private, confidential, written
			 communication from the Board to the licensee or permit holder, the contents of
			 which shall be specified by the Board. A Letter of Concern shall not be
			 considered a disciplinary action and is not intended to communicate a finding
			 on the part of the Board that a licensee to whom the Letter of Concern is
			 directed will be charged with or has been found guilty of wrong doing. The
			 purpose of the Letter of Concern is to provide notice to the licensee or permit
			 holder under investigation that the Board has concluded that the alleged
			 actions or conduct in question may not be in accord with provisions of
Code of Ala. 1975
, Section
			 34-24-120
et
seq
. The issuance of a
			 Letter of Concern shall not preclude the Board from taking any other action
			 authorized by law. A Letter of Concern shall be deemed a non-public record
			 under the provisions of Rule
			 190-X-1-.06. The board
			 shall notify the person or persons whose complaint led to the Board's decision
			 to send a Letter of Concern. The Board may make public statistical reports
			 concerning the number and type of Letters of Concern issued by the
			 Board.
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-167.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.02 - Complaint Investigation Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event a complaint is filed against
			 a licensee or permit holder, or it is determined from other information that an
			 investigation is necessary, the procedure for investigation shall be as
			 follows:
(a) The complaint or other
			 information will be investigated by a committee.
(b) if the committee determines after its
			 investigation that probable cause exists, the procedure outlined in
Code of Ala. 1975
, Section
			 34-24-120
et
seq
. shall be followed. In
			 the event the committee determines that probable cause does not exist, no
			 further action will be taken and the complaint will be considered closed.
Author:
Steve Dodd, Assistant Attorney
				General
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.03 - Summons And Complaint

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Board of Chiropractic
				Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-167,
				  41-22-12(1).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.04 - Pre-Hearing Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any party
			 to a contested case before the Board may seek discovery by the filing of a
			 motion or request with the Board's Hearing Officer. It shall be within the
			 discretion of the Board's Hearing Officer to allow any such
			 discovery.
(2) The method(s) or
			 type(s) of discovery allowed and/or any limitations or conditions of the same
			 shall be within the discretion of the Board's Hearing Officer; however,
			 interrogatories or request for admissions shall not be allowed.
(3) The Board's Hearing Officer shall also
			 have the authority to perform those acts forth in
Code of Ala.
			 1975
, §
								41-22-12(e).
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.05 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conduct of Hearing
. Hearing Officer. The Board shall
			 appoint a person to act as an impartial hearing officer at any disciplinary
			 hearing. Such hearing officer shall preside at the hearing and shall rule on
			 all questions of evidence and procedure notwithstanding any other provisions of
			 these rules to the contrary.
(2)
			 The procedure and format of the hearing shall be the same as that utilized in
			 non-jury civil cases in the Circuit Courts of this State. Additionally, the
			 Board is allowed the right to examine any witness called by either
			 party.
(3)
Order
. The Board shall render a final Order within
			 forty-five (45) days of the date of the hearing, which shall be in writing and
			 made part of the record and include findings of fact and conclusions of law
			 specifically stated. The licensee and/or permit holder shall be delivered a
			 copy of the Order by Certified mail, return receipt requested, and a copy shall
			 be mailed first class to the attorney of record.
(4)
Evidence
.
			 Evidence shall be admitted in accordance with
Code of Ala.
			 1975
, §§
								41-22-13 and
			 34-24-173.
(5)
Emergencies
. The
			 Board may in any emergency situation, when danger to the public health, safety,
			 and welfare requires, suspend a license and/or permit without hearing or with
			 an abbreviated hearing in accordance with the
Code of Ala.
			 1975
, §§
								41-22-19(4) and
			 34-24-174(c).
(6)
Other
. The
			 hearing shall otherwise be conducted in compliance with the provision of the
			 Alabama Administrative Procedures Act.
Author:
Steve Dodd, Assistant Attorney
				  General
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-168,
				  41-22-13,
				  41-22-16(3).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.06 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a finding
			 that a licensee or permit holder has violated any enumerated provision of
Code of Ala. 1975
, §§
								34-24-123,
			 34-24-161(e),
			 or
			 34-24-166,
			 or any rule adopted pursuant thereto, the Board may invoke disciplinary action
			 as outlined in §
								34-24-166(c).
			 Failure to comply with any final order of the board, including, but not limited
			 to, any order of censure or probation, is cause for suspension or revocation of
			 the license or permit.
(2)
Fines
. Upon finding that a licensee or permit holder
			 has violated any enumerated provision of law governing the practice of
			 chiropractic or any rule adopted pursuant thereto, the Board may impose the
			 following schedule of fines for each such violation. The Board shall not renew
			 the annual certificate of registration of any licensee or permit holder against
			 whom an administrative fine has been assessed by the Board until the fine is
			 paid in full.
(a) The Board may impose a fine
			 not to exceed $2,000 for each violation of any of the following provisions of
			 law governing the practice of chiropractic or any rule adopted pursuant thereto
			 (Class A violation):
1. Section
			 34-24-166(b)(1);
2. Section
			 34-24-166(b)(2);
3. Section
			 34-24-166(b)
			 (3);
4. Section
			 34-24-166(b)
			 (4);
5. Section
			 34-24-166(b)(5);
6. Section
			 34-24-166(b)(6);
7. Section
			 34-24-166(b)
			 (9);
8. Section
			 34-24-166(b)(10);
9. Section
			 34-24-166(b)(11);
10. Section
			 34-24-166(b)(12);
11. Section
			 34-24-166(b)(13);
			 and
12. Section
			 34-24-166(b)(15);
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.07 - Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a finding
			 that licensee or permit holder has violated any enumerated provision of
Code of Ala 1975
, §§
								34-24-120 et seq., or any rule adopted pursuant thereto, the Board may impose the
			 following costs against any person whose license or permit is refused, revoked,
			 or suspended, and/or against who any fine has been imposed.
(a) The Board may impose costs in the amount
			 of up to $8,000 in connection with any hearing held in connection with the
			 refusal of a license pursuant to
Code of Ala. 1975
,
			 §
									34-24-166(a).
(b) The Board may impose costs for the actual
			 amount incurred not to exceed $8,000 for each violation of any of the
			 provisions of law governing the practice of chiropractic or any rule adopted
			 pursuant thereto.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.08 - Restoration Of A Refused, Revoked, Or Cancelled License (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-172.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-4 - DISCIPLINARY ACTIONS › Section 190-X-4-.09 - Conflict and Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No Board
			 member shall participate in any disciplinary hearing before the Board or vote
			 in such a hearing who has a disqualifying conflict or bias against the licensee
			 or permit holder who is the subject of the hearing.
(2) Any challenge to a Board member(s)
			 participation based upon any alleged conflict or bias shall be filed within the
			 time set for filing of Motions as established by the Hearing Officer. Any such
			 challenge must be accompanied by an affidavit(s) stating with specificity the
			 basis for the alleged conflict or bias.
Author:
Statutory Authority:
Code of Ala.
				  1975
,
				  34-24-144,
				  34-24-165,
				  41-22-18(1).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.01 - Oath

Current through Register Vol. 42, No. 9, June 28, 2024
Each applicant for a license to practice chiropractic in
				Alabama shall be required to sign and affirm the following oath on his/her
				application form:
"I solemnly swear (or affirm) and attest that the statements
				made herein are true to the best of my knowledge, and further that if granted a
				license by the Alabama State Board of Chiropractic Examiners, I agree to keep
				the Board fully advised as to my address; to give assistance in procuring
				evidence against, and in the prosecution of those who violate any of the
				provisions of the Alabama Chiropractic Practice Act or Board Rules. I agree to
				faithfully follow the laws and rules relating to the practice of chiropractic
				medicine, including the provisions of the Alabama Chiropractic Practice Act and
				Board rules. If I violate those laws or rules, I fully understand that I am
				subject to discipline, up to and including revocation of my license."
Author:
Alabama State Board of Chiropractic
				Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-160,
				  34-24-165.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.02 - Cooperation With The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Statement of Policy
. Each licensed chiropractor or
			 permit holder is requested and is expected to cooperate with the Board in all
			 matters.
(2)
Report of
			 Violations
. Any chiropractor or permit holder who has knowledge of
			 violations of any provision of
Code of Ala. 1975
,
			 §§
								34-24-120,
			 et seq., or of these rules shall report such to the Board for investigation.
			 When possible, the chiropractor or permit holder shall procure evidence that
			 will aid in the prosecution of the violator. Failure to comply with the
			 requirements of this rule will constitute unprofessional conduct as defined in
			 Rule
			 190-X-5-.05,
			 and
Code of Ala. 1975
,
			 34-24-166(b)(2)(3).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-123,
				  34-24-144,
				  34-24-165,
				  34-24-166.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.03 - Notification Of Change Of Address

Current through Register Vol. 42, No. 9, June 28, 2024
Each licensed chiropractor or permit holder shall file their
				mailing, office, and residential and email address with the Executive Director
				of the Board and notify the Board of any changes of address in writing within
				fifteen (15) days of such address changes.
(1) Written notice shall list old addresses
			 and new addresses and effective date of change. Notice may be submitted via
			 facsimile, email or regular mail.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.04 - Advertising

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A chiropractor
			 or non licensed clinic owner shall not make or cause to be made a false
			 communication about the chiropractor or the chiropractor's services. A
			 communication is false if it contains a material misrepresentation of fact or
			 law or omits a material fact rendering the statement when considered as a whole
			 to be false.
(2) A communication is
			 defined as information in any manner or medium designed or intended to attract
			 public attention to the chiropractor or his/ her practice.
(3) The chiropractor or non-licensed clinic
			 owner shall have ultimate responsibility for all communications which are
			 approved by him or her or his or her agents or associates. All communications
			 regardless of form, including but not limited to recorded and printed
			 communications, shall be approved by the chiropractor. In the case of broadcast
			 communications, the actual transmission shall be retained and in the case of
			 printed communications, a copy of the publication in which the communication is
			 displayed shall be retained. Copies of communications, including but not
			 limited to the transmission and publication referenced above, shall be retained
			 by the chiropractor for one hundred eighty (180) days following the final
			 appearance or use of the communication. The chiropractor is responsible for
			 making copies of the communications available to the Board within ten (10) days
			 following a request by the board.
Author:
Alabama State Board of Chiropractic
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-166(5)(15)(20).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.05 - Immoral Or Unprofessional Conduct Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following conduct on the part of a
			 licensee or permit holder is prohibited:
(a)
			 Immoral,
(b)
			 Unprofessional.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.06 - Solicitation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Statement of Policy
. It is the policy of the Board
			 that solicitation by chiropractors and/or permit holders in this state should
			 be regulated so as to effectuate the duty of the State of Alabama to protect
			 the health, safety and welfare of its residents, while not abridging any rights
			 guaranteed to such licensees or to the public by the Constitutions of the
			 United States and the State of Alabama, as construed by the United States
			 Supreme Court and the Alabama Supreme Court. The Board has a substantial
			 interest in protecting the public from fraud, undue influence intimidation,
			 overreaching and other forms of vexatious conduct as well as protecting the
			 tranquility and privacy of the home and of personal injury victims and their
			 loved ones against intrusive, unsolicited contacts by licensees. The practices
			 prohibited by this rule are hereby found and declared to constitute immoral or
			 unprofessional conduct in violation of
Code of Ala.
			 1975
, §
								34-24-166(b)(2)(3),
			 and Rule
			 190-X-5-.05 and/or fraud in obtaining money or other thing of value in violation of
Code of Ala. 1975
, §
								34-24-166(b)(1).
(2)
Certain Practices
			 Prohibited
.
(a) Direct in -person
			 uninvited solicitation except as authorized in paragraph (4) below, a licensee
			 or permit holder, or a person or entity acting on their behalf, shall not by
			 any direct, in-person, uninvited solicitation solicit an engagement to perform
			 professional services. A licensee or permit holder, or a person or entity
			 acting on their behalf, who has engaged in direct, in-person, uninvited
			 solicitation shall not accept employment resulting from that solicitation,
			 except that a licensee may accept employment from a close friend, relative,
			 former patient (if the solicitation is germane to the former treatment), or one
			 who the licensee reasonably believes to be a patient.
(b) Written communication. All written
			 communications sent by or on behalf of a licensee shall conform to the
			 advertising guidelines of Rule
			 190-X-5-.04 and this
			 rule.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.07 - Trust Accounting Procedures For Pre-Payment Plans

Current through Register Vol. 42, No. 9, June 28, 2024
A chiropractor who offers any treatment plan which includes
				payment of fees for services, goods or appliances to be performed or supplied
				in the future i.e. prior to the furnishing or supplying of any services, goods
				or appliances shall comply with all of the following requirements.
(a) Maintain for each patient a signed
			 statement which explains fully and completely the services, goods or appliances
			 to be provided and the terms and conditions of payment. This statement shall
			 include provisions for an accounting to the patient upon request as well as
			 provisions for the return of all unearned fees in the event the patient
			 chiropractic relationship is terminated.
(b) The treatment plan shall include an
			 accurate description of the services, goods or appliances to be performed or
			 supplied as well as the period of time in which the referenced services, goods
			 or appliances will be performed or supplied.
(c) Complete records of such account funds
			 shall be maintained for five (5) years after the performance or supplying of
			 the services goods or appliances or from the termination of treatment. In
			 addition, records shall include a ledger of all funds received and payments
			 made which must be patient specific.
Author:
Alabama State Board of Chiropractic
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-166(2).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.08 - Exploitation Of Patients For Financial Gain

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Statement of
			 Policy
. The over utilization of chiropractic services or practice
			 by exercising influence on a patient in such a manner as to exploit the patient
			 or a third party payor for the financial gain of a licensee or a third party is
			 hereby found and declared to constitute unprofessional conduct in violation of
Code of Ala. 1975
, §
								34-24-166(3).
(2)
Definition of Over
			 utilization, Generally
. Over utilization of chiropractic services
			 or practice is defined as services or practices rendered, or goods or
			 appliances sold by a chiropractic physician to a patient for financial gain of
			 the chiropractic physician or a third party which are excessive in quality or
			 quantity to the justified needs of the patient or are excessive in
			 price.
(3)
Over
			 utilization, Specifically
. Over utilization occurs when:
(a) The physician's written chiropractic
			 records do not justify or substantiate the quantity or number of chiropractic
			 services, or practices rendered, or goods or appliances sold by a chiropractic
			 physician to a patient;
(b) A claim
			 or claims for chiropractic services, practices, goods or appliances is
			 submitted to that patient or third party payor which represents multiple
			 charges for one specific chiropractic diagnostic service or treatment practice,
			 good or appliance.
(c) A charge or
			 claim for chiropractic services, practices, goods or appliances exceeds the
			 usual and customary charges for such services, practices, goods or appliances
			 to the extent that the charge or claim is unconscionable.
(d) A charge or claim is submitted to the
			 patient or to a third party payor for services, practices, goods or appliances
			 which were not rendered or supplied.
(e) A chiropractic doctor renders any
			 chiropractic services, practices, goods or appliances for which a fee may be
			 charged after such time as a patient has requested but has not been provided
			 with a written itemized statement of any chiropractic services, practices,
			 goods or appliances to be rendered during a particular office visit, and the
			 corresponding fees that will be charges for such services.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.09 - Chiropractic Records Required; Release Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board finds and declares that the
			 maintenance of an adequate record in the treatment of a patient is an essential
			 component of the standard of care. Chiropractors and clinic permit holders
			 should maintain legible well documented records reflecting the history,
			 findings, diagnosis and course of treatment in the care of a patient. Patient
			 records should be maintained by the treating chiropractor. Any licensee or
			 clinic permit holder or permit holder who fails to keep for a minimum of five
			 (5) years all written chiropractic records which justify the particular course
			 of treatment of the patient engages in unprofessional conduct as defined in
			 Rule
			 190-X-5-.05.
(2) The Board finds and declares that, while
			 physical chiropractic records may rightfully be considered the property of the
			 licensee or the chiropractic clinic facility where the licensee may be
			 employed, the chiropractic patient is just as rightfully entitled to the
			 information contained in any chiropractic records related to his or her care
			 for any legitimate purposes, which such legitimate purposes certainly includes
			 the obtaining of second chiropractic or medical opinions.
(a) Upon request of a patient or authorized
			 agent of a patient, licensees and clinic permit holders are required to, at a
			 minimum, turn over to a patient or his or her authorized agent legible and
			 accurate copies of any pertinent chiropractic records of the patient when
			 requested to do so by the patient or his or her authorized agent for a
			 legitimate purpose which is stated in writing and signed by the patient. The
			 reasonable costs of reproducing copies of written or typed documents, or
			 reports shall not be more than one dollar ($1) for each page of the first 25
			 pages, not more than 50 cents ($.50) for each page in excess of 25 pages, and
			 search fee of five dollars ($5). If the records are mailed to the person making
			 the request, reasonable costs shall include the actual costs of mailing. A
			 person may also charge the actual cost of reproducing X-rays and other special
			 chiropractic records.
(b) The
			 release of chiropractic records hereunder may not be made contingent upon
			 payment of any other fee or charge owed by the patient. Failure to provide
			 records to a patient upon request in accordance with this rule shall constitute
			 immoral or unprofessional conduct as defined in Rule
			 190-X-5-.05.
(c) The fees provisions of this rule shall
			 not apply to records subpoenaed by the State Board of Chiropractic
			 Examiners.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.10 - Inability To Practice Chiropractic With Reasonable Skill And Safety To Patients

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Statement of Policy
. The Legislature has declared that
			 a chiropractor or permit holder may be disciplined due to the inability to
			 operate a clinic or practice chiropractic with reasonable skill and safety by
			 reason of illness, inebriation, excessive use of drugs, narcotics, alcohol,
			 chemicals or any other substance, or as a result of any mental or physical
			 condition.
(2)
Board
			 Intervention
. It is the duty and obligation of the Board to
			 promote the early identification, intervention, treatment and rehabilitation of
			 chiropractors licensed or permit holders to practice in this State who may be
			 impaired by reason of illness, inebriation, excessive use of drugs, narcotics,
			 alcohol, chemicals, or other substances or as a result of any physical or
			 mental condition. The Board may enter into an agreement pertaining to the
			 areas, functions, or responsibilities set forth in
Code of Ala.
			 1975
, Section
			 34-24-166(g).
(3)
Requirement and Criteria for
			 Examination
. Every permit holder who accepts the privilege of
			 operating a clinic and every licensee who accepts the privilege of practicing
			 chiropractic in the State of Alabama by actually practicing or by the making
			 and filing of an annual renewal upon a showing of probable cause that the
			 chiropractor or permit holder is not capable of physically or mentally
			 practicing chiropractic or operating a clinic with reasonable skill and safety
			 to patients, shall be deemed to have given consent to submit to a mental,
			 physical or laboratory examination, or any combination thereof, and to waive
			 all objections to the admissibility of the testimony or examination reports of
			 the examining physician on the ground that the reports constitute privileged
			 doctor patient communications.
(4)
			 If there is an issue of whether or not a permit holder or licensee is
			 physically or mentally capable of operating a clinic practicing chiropractic
			 with reasonable skill and safety to patients, upon a showing or probable cause
			 to the Board that the permit holder licensee is not so capable, the Board may
			 order and direct licensee to submit to a physical, mental, or laboratory
			 examination, or any combination thereof, to be performed by a physician
			 designated or approved by the Board. The expense of the examination shall be
			 borne by the licensee who was examined.
Author:
G. Kuhlmann
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-166(2).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.11 - Delegation, Acceptance Of Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board finds and declares that any
			 licensee who delegates professional responsibilities to a person when the
			 licensee delegating such responsibilities knows or has reason to know that such
			 person is not qualified by training, experience or licensure to perform them,
			 engages in immoral, unprofessional or dishonorable conduct as defined in Rule
			 190-X-5-.05.
(2) The Board finds and declares that
			 licensees who are employed by clinics or other facilities owned by
			 non-licensees jointly and severally accept the professional responsibility and
			 strict liability under the laws governing the practice of chiropractic and/or
			 these rules and regulations for any violations which may be committed by the
			 non-licensed owner(s), or committed by any non-licensed agent or employee
			 acting at the direction of a non-licensed owner(s), or committed by any
			 non-licensed agent or employee at the direction of another non-licensed agent
			 or employee of a clinic or other facility owned by a non-licensee.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-166(2).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.12 - Aiding Unauthorized Practice Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
The Board finds and declares that any licensee who aids,
				assists, procures or advises any unlicensed person to practice chiropractic as
				defined in
Code of Ala. 1975
, §§
								34-24-120,
				et seq., engages in immoral, or unprofessional conduct as defined in Rule
				190-X-5-.05.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  34-24-166(2).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.13 - Professional Signs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any permit
			 holder or chiropractor who is actively engaged in the operation of a clinic or
			 the practice of chiropractic is required to place a sign or cause or require a
			 sign to be placed in a conspicuous place at the entrance of the office or place
			 of practice which must include the following information:
(a) The name of the practice. If the name of
			 the practice is other than the name of the participating chiropractors, then
			 the name of all chiropractors practicing at that location shall appear
			 following or beneath the name selected.
(b) The word chiropractor, chiropractic,
			 chiropractors, chiropractic physician or chiropractic physicians. These terms
			 shall be displayed with similar prominence as the name of the
			 practice.
(c) If any permit holder
			 or licensed chiropractor is unable to comply with this rule because of
			 circumstances such as being a member of a multi-discipline practice, not owning
			 or controlling the building where the practice is located, etc., the
			 chiropractor shall document and use their best efforts to have their name
			 listed and in similar prominence the word chiropractor, chiropractic,
			 chiropractors, chiropractic physician or chiropractic physicians at the
			 entrance of the office place of practice.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.14 - Accident Solicitation Letters

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 On the outside of each envelope in 10-point bold type at the bottom left hand
			 corner of the envelope, there will be printed in capital letters in a color
			 clearly distinguishable from the color of the background page, this is an
			 advertisement.
(b) On the first and
			 last page of the letter, in the same type size as the letter, shall be
			 contained the following paragraph in a color different from the color of the
			 text on the background page.
NOTICE: THIS IS A SOLICITATION.
Your name and
				address and information relative to the accident in which you were involved
				were acquired from public documents. You are under no obligation to respond to
				this letter. Recipients of this solicitation should understand the importance
				of employing a health care provider and inquiry into the doctor's
				qualifications and experience is recommended.
(c) If the Internet (E-Mail) is utilized the
			 language required in (A) above must appear in clearly distinguishable capital
			 letters in the subject line and the language required in (B) above must appear
			 in clearly distinguishable capital letters at the beginning and end of the
			 E-Mail.
(d) Senders shall take
			 reasonable steps to avoid sending solicitation letters to minors.
(e) A sample copy of each different
			 solicitation letter shall be retained by the sender for a period of one
			 year.
Author:
J Ward
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-166(b)(1)(2)(16).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-5 - PROFESSIONAL CONDUCT › Section 190-X-5-.15 - Use Of Lasers

Current through Register Vol. 42, No. 9, June 28, 2024
Lasers approved by the Federal Drug Administration for
				therapeutic use may be utilized by a chiropractor as a treatment device
				provided the laser is used only within the allowable scope of practice of
				chiropractic in this state. The chiropractor is responsible for adhering to any
				laws applicable to the use of the above referenced lasers and knowing and
				following the appropriate protocol for their use.
Author:
James Ward
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-165(c),
				  34-24-166(2).
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.01 - Rule Making Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Petition for adoption of Rules
(a) Any person
			 who wishes to propose that the Board adopt, repeal or amend any rule may do so
			 on the form prescribed by the Board and supplied by the Executive
			 Director.
(b) The Board shall meet
			 and consider any petition for adoption, repeal or amendment within sixty days
			 of its submission.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.02 - Notice (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  41-22-8.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.03 - Public Hearings (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Board of Chiropractic Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  41-22-8.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.04 - Board Decision (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  41-22-8.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.05 - Emergency Rules (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  41-22-8.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-6 - AMENDMENT OF RULES › Section 190-X-6-.06 - Compliance With Administrative Procedure Act (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-144,
				  34-24-165,
				  41-22-8.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-7 - PRECEPTOR AND EXTERN/INTERN PROGRAM › Section 190-X-7-.01 - Preceptor Doctor

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition:
			 This preceptor program is designed to provide experience and practice for
			 unlicensed or student doctors before or after graduation as further qualified
			 by this section in cooperation with sponsoring licensed doctors and
			 participating chiropractic colleges.
(2) All preceptor doctors must:
(a) Be approved by the Alabama State Board of
			 Chiropractic Examiners for each participation.
(b) Have an active Alabama license.
(c) Be in active practice in Alabama for
			 three (3) years or more.
(d)
			 Provide evidence of malpractice insurance for themselves and provide the
			 location and submit a schedule showing when the extern will working be under
			 direct on premises supervision for the program.
(e) Contribute a fee as established in Rule
			 190-X-1-.18 (payable the
			 first quarter with the preceptor application and thereafter quarterly in
			 advance) to the Alabama State Board of Chiropractic Examiners to defray expense
			 of administration of this program only when the Preceptor actually has an
			 extern in the office. Recent graduate compensation is between the parties
			 involved.
(f) Have no Class A or B
			 violations of Board rules for two (2) years and have no present investigations
			 for possible Board violations.
(g)
			 Complete application which states that he or she has read and understands
Code of Ala. 1975
, §
									34-24-145,
			 and Board rules and regulations pertaining to this program.
Alabama Administrative Code › Title 190 - ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS › Chapter 190-X-7 - PRECEPTOR AND EXTERN/INTERN PROGRAM › Section 190-X-7-.02 - Extern

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Extern. A
			 student enrolled in their last year at a Board approved chiropractic college
			 accredited by the Council of Chiropractic Education or a recent chiropractic
			 graduate of such an accredited school who is issued a limited license to
			 practice under the direct on-premises supervision of a sponsor licensed to
			 practice chiropractic in the state of Alabama and in the case of a student,
			 under the supervision of the accredited school.
(2) Qualifications. In order to receive a
			 permit as an Extern the following applies:
(a) Student
1. In addition to the requirements imposed in
Code of Ala. 1975
, §
										34-24-145, the following
			 qualifications must be met:
(i) Currently
			 enrolled in the final academic year at an approved chiropractic college which
			 maintains a standard of training acceptable to the Board.
(ii) Documentation of successfully completing
			 the written examination Parts I and II of the National Board of Chiropractic
			 Examination.
(iii) Provide evidence
			 of malpractice insurance coverage.