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State Board of Chiropractic Examiners
[NDCC 43-06]
Legislation created the State Board of Chiropractic Examiners in1915 for the purpose of regulating the chiropractic practice (S. L. 1915, Ch. 228). North Dakota was the first state in the United States to license chiropractic practitioners. The North Dakota Legislative Assembly called for a Board to be formed and the Governor to appoint five practicing chiropractors who were residents of the State and who held a diploma with the degree of doctor of chiropractic. Appointees had to practice chiropractic on a full time basis within this State for a period of at least two years. Members were required to be graduates from different schools or colleges of chiropractic and those who were initially selected served staggered terms. Thereafter the Governor appointed one licensed practitioner to serve for a period of five years. Vacancies were filled by gubernatorial appointment and each year the Board elected a president, vice president, and secretary-treasurer. Three members of the Board constituted a quorum and an applicant license could be granted with the affirmative vote of three members. Applicants applied to the State Board of Chiropractic Examiners for a license and presented a diploma from a chartered school of chiropractic. Subjects studied by applicants for the1915 examination were anatomy, chiropractic, diagnosis, dietetics, gynecology, nerve tracing, orthopedia, pathology, physiology, physiological chemistry, and symptomatology. Other subjects included analysis, chiropractic hygiene, chiropractic palpatinn, intelectual adaptation, principles of chiropractic, chiropractic jurisprudence, and adjusting. Chiropractors could not prescribe or administer a medicine or drug taken internally, perform any surgery, practice obstetrics, nor use the titles doctor, physician or surgeon. The person receiving a license also filed a record in the office of the Register of Deeds in the county of residency. This law was repealed in1989 [NDCC 43-06-14]. Legislation in 1919 recognized licensed chiropractors to observe and be subject to statewide and municipal regulations relating to the control of contagious and infectious diseases. Practitioners could also sign death and birth certificates and other certificates pertaining to public health and provide a report of these actions to the proper health officers. Additionally licensed chiropractors could practice in public and private hospitals and other institutions in this State when requested to do so by patients or their guardians (S. L. 1919, Ch. 78). A prominent figure in the establishing, training, and practice of chiropractics was George Hariman DC who in 1919 opened a chiropractic hospital in Park River and in 1924 he moved to Grand Forks. On July 6, 1928 the Hariman Sanatorium opened as a private and out-patient practice. It was the first US chiropractic hospital.
In 1945 a hospital bill was introduced to regulate all hospitals in North Dakota but it did not pass until1947. A “companion bill” was introduced to exempt chiropractic hospitals and sanatoriums from Public Health licensure by allowing the State Board of Chiropractic Examiners to be the licensing agent. Legislation required chiropractic hospitals to obtain licenses and meet the requirements of the State Board of Chiropractic Examiners as established by the National Council of Chiropractic Hospitals and Sanatoriums. Routine inspections were also required after a license had been issued. All standards, regulations, and rules were set by the State Board. This legislation gave North Dakota the first chiropractic hospital law in the nation and chiropractic hospitals could accept federal funds, supplies, and equipment (S. L. 1947, Ch. 296). Hospitalization in a chiropractic hospital was defined as the reception and care of any person for a continued period longer than twenty-four hours for the purpose of giving advice, diagnosis, or treatment bearing on the physical or mental health of such persons.
Early on legislation also allowed the Board to hire an Executive Director to oversee the administrative duties and answer to the Board president. Responsibility of the Executive Director also included providing a complete record of the minutes and act as the filing, recording, and corresponding officer of the Board. The Executive Director also had responsibility to keep on file a complete registration of the names and addresses of all chiropractors licensed by the State Board of Chiropractic Examiners [NDCC 43-06-07]. Board meetings were held twice yearly and designated places were selected for applicants to take examinations. Initially the schedule was on the first Tuesday of January and July of each year.
The Century Code lists the powers and duties of Board [NDCC43-06-04.1] and all powers, rights, and duties as provided in the Administrative Agencies Practice Act [NDCC 28-32.2] gave the Board authority to adopt and amend administrative rules consistent with the provisions governing the practice of chiropractic. The Board is to verify, examine, and renew the qualifications of all applicants and to regulate and enforce the provisions and the rules of the practice of chiropractic. Additionally, it is to inspect upon probable cause any chiropractic office or place where chiropractic services are performed. The Board is to investigate complaints of violations and prosecute those in violation. A Peer Review Committee may be selected and employed by the Board [NDCC 43-06-14.1].
The Century Code lists the enforcement and proper performance of chiropractic duties to include a code of ethical conduct governing the practice of chiropractic requirements, standards, and examinations in order to determine the intellectual, educational, scientific, technical, and professional qualifications of applicants for license or certification. This also includes matters pertaining to the content and conduct of examination, matters pertaining to the operation and registration of chiropractic facilities, matters pertaining to the practice and certification of chiropractic specialties by licensed doctors of chiropractic, and the quantity, type, and character of postgraduate study to be done by a licensee. Legislation later provided for a chiropractic clinical assistant certified by the Board to assist with basic health care duties and in the practice of chiropractic treatment under the supervision of a licensed doctor of chiropractic [NDCC 43-06-16.1].
Chronology
1915 Legislation created the State Board of Chiropractic Examiners for the purpose of regulating the chiropractic practice in North Dakota (S. L. 1915, Ch. 228).
1919 Licensed chiropractors had the right to practice in public and private hospitals and other institutions in this State at the request of patients or their guardians (S. L. 1919, Ch. 78).
1933 Legislation amended laws that defined practicing chiropractics and licensing examinations. Qualifications for practitioners were also changed. Prior to opening a practice applications were submitted to the State Board of Chiropractic Examiners. Legislation in 1933 removed some examination subjects listed in the 1915 session laws. Chiropractors were permitted to use the titles Doctor of Chiropractic or DC (S. L. 1933, Ch. 82).
1947 Legislation requested the establishment of an Advisory Committee. Members of that Committee were chosen by the Governor and included the Executive Director of the Public Welfare Board, one Chiropractic Hospital Superintendent, and an individual interested in Chiropractic hospitals. The Advisory Committee was to act in an advisory capacity to the State Board of Chiropractic Examiners in dealing with matters pertaining to particular problems of chiropractic hospitals, sanatoriums, and other related institutions (S. L. 1947, Ch. 296). Also during this session the State Department of Health and the Health Council were established (S. L. 1947, Ch. 290).
1957 An amendment [NDCC 43-06-11] allowed for a change in applicant licensing qualifications. Exceptions to a license needed the affirmative vote of at least three Board members (S. L. 1957, Ch. 296).
1965 New changes to the Code concerned qualifications for a chiropractic license [NDCC 43-06-08] and required that the resident course of instruction be not less than four years of eight months each or four thousand hours. A practitioner applying for renewal license was required to attend a postgraduate course in an accredited chiropractic school or college or to attend a two-day session of educational programming arranged by the North Dakota Chiropractic Association (S. L. 1965, Ch. 298).
1970s A brief history of chiropractic education in North America called The Evolution of Chiropractic Education was published in 1970 by George E Hariman DC. He managed the Hariman Sanatorium until his death in 1977.
1972 The US Congress authorized payments to chiropractors for services rendered under the Medicare program. It was signed by President Richard M Nixon [Public Law 92–603].
1983 Amendments related to the total number of credit hours needed from an approved and accredited college of chiropractic or those continuing their training under a preceptorship program and performing the duties of an intern [NDCC 43-06-10]. New subjects were added to the examination (S. L. 1983, Ch. 472) and legislation also created a new section [NDCC 43-06] giving the Board authority to accept parts one and two of the exam from the National Examining Board.
1989 A new section to [NDCC 43-06] related to the powers of Board to appoint a Peer Review Committee and to employ necessary personnel. A code of ethical conduct governing the practice of chiropractic was added. Also added were set policies and procedures on what constitutes professional or unprofessional conduct (S. L. 1989, Ch. 506).
1991 Changes to definitions were added and subjects deleted from the licensing exam (S. L. 1991, Ch.451).
2009 Legislation specified that a penalty be added [NDCC 43-06-19] to the Century Code stating that any person who practices or attempts to practice chiropractic, advertises as a chiropractor, or uses the terms or letters for doctor of chiropractic, chiropractor, D.C., chiropractic physician, or any other title in order to become engaged in the practice of chiropractic would be found guilty of a class B misdemeanor (S. L. 2009, Ch.359).
2011 A new subdivision to subsection (2) of [NDCC 12-60-24] and [NDCC 43-06-11.1] concerned criminal history record checks for chiropractors and the State Board of Chiropractic Examiners. Also included were applicants, licensees, or investigations if required by the Board (S. L. 2011, Ch.94).
2013 New requirements were added for license renewal. Legislation also amended and reenacted [NDCC 43-06-17] of the Century Code, relating to the right of a chiropractor to practice in public and private hospitals and institutions. A licensed chiropractor could practice under the same standards as other health practitioners in any public or private hospital or other institution in this State at the request of a patient or the guardian of a patient (S. L. 2013, Ch. 319).
2015 Legislation concerned changes to the Century Code regarding guidelines for a Peer Review Committee as appointed by the Board for the purpose of investigating a matter and rendering an opinion, by examining witnesses, reviewing patient and business records, and taking appropriate action in order to ascertain the facts. The Committee reported findings to the Board. Findings included a determination of whether the chiropractor properly used services and rendered or ordered appropriate treatment or services and whether the cost of the treatment was unconscionable. The decision made by the Board could be appealed to a district court (S. L. 2015, Ch. 289).
2017 The State Board of Chiropractic Examiners requested legislation changes to the certified chiropractic clinical assistant requirements and changes to the Century Code concerned the State Board of Chiropractic Examiners and criminal history record checks (S. L. 2017, Ch. 286).
Series
32459 Records
Sources:
Keating, Joseph C., Jr. Ph.D. Chronology of George E. Hariman, DC. (n.d.) Website.
North Dakota Century Code.
North Dakota State Legislature Session Laws.
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