The Board may license, as appropriate, an individual: To practice chiropractic; or To practice chiropractic with the right to practice physical therapy. Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice chiropractic in this State. A chiropractor who holds a license to practice chiropractic with the right to practice physical therapy may practice chiropractic and physical therapy in this State. This section does not apply to: A student of chiropractic engaged in a preceptorship while under the direct supervision of a Board–approved licensed chiropractor engaged in an educational program sponsored by a program accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic; or An individual licensed to practice chiropractic in any other state or a foreign country while that individual makes a clinical demonstration before: A chiropractic association; A chiropractic convention; or A chiropractic program.

To qualify for a license, an applicant shall be an individual who: Submits to a criminal history records check in accordance with § 3–302.1 of this subtitle; Meets the requirements of this section; and Meets the examination requirements of this title. The applicant shall be of good moral character. Except as otherwise provided in this title, the applicant must: Be a graduate of a chiropractic program of study that was, at the time of the applicant’s graduation, accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic; or Be licensed in another state for at least 2 years; and Be a graduate of a chiropractic program of study: That has been accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic within 4 years after the applicant graduated from that chiropractic program of study; and That the Board determines had standards comparable to an accredited chiropractic program of study at the time the applicant graduated. An applicant shall be entitled to a license to practice chiropractic with the right to practice physical therapy if the applicant satisfies the requirements to practice chiropractic and any additional requirements established by the Board in regulations.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: One complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and The processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s criminal history record. Information obtained from the Central Repository under this section: Is confidential and may not be redisseminated; and May be used only for the licensing purpose authorized by this title. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

To apply for a license, an applicant shall submit to the Board at least 45 days before an examination: An application on the form the Board requires that includes information of the applicant’s: Educational history; Experience in health care; Courses taken during chiropractic studies; Training or studies in related fields; and Preceptorship experience; Certified transcripts that demonstrate compliance with the requirements of § 3–302 of this subtitle; Proof of any degrees or certification alleged; Satisfactory evidence of good moral character; An application fee set by the Board; and Satisfactory evidence of having completed a State and national criminal history records check in accordance with § 3–302.1 of this subtitle. An application shall be signed by the applicant and verified. The applicant shall pay an application fee set by the Board for any subsequent application and examination.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board shall give examinations to applicants at least twice in each calendar year at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. The Board–administered examination shall include: The general laws and regulations of the State on the practice of chiropractic; and The laws and regulations on infection control. An applicant qualifies for a license to practice chiropractic only if the applicant answers correctly at least 75% of all the questions on the Board–administered examination. An applicant shall pay to the Board an examination fee set by the Board. The payment of one examination fee entitles an applicant to take the Board–administered examination twice. If an applicant fails the Board–administered examination twice, the applicant may retake the examination if the applicant pays the appropriate fee. In addition to the written examination administered by the Board, an applicant shall take and pass all applicable sections of the national examination administered by: The National Board of Chiropractic Examiners or its successor entity; An equivalent national chiropractic testing entity approved by the Board; or An equivalent foreign chiropractic testing entity approved by the Board.

Subject to the provisions of this section, the Board may waive any applicable examination requirement of this title for an individual who is licensed to practice chiropractic or to practice chiropractic with the right to practice physical therapy in any other state. The Board may grant a waiver under this section only if the applicant: Pays the license fee required by § 3-306 of this subtitle; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this title or their equivalent; and Became licensed in the other state after passing in that or any other state an examination that is similar to the examination for which the applicant is seeking the waiver.

The Board may grant a temporary license to an individual who meets the requirements of this section. To qualify for a temporary license, an applicant shall: Submit an application provided by the Board; Have graduated from an accredited chiropractic program of study; Have begun the process of applying to the Board for a license to practice chiropractic, but not met requirements to qualify for a license; Have been licensed in another state for at least 2 years preceding the application in the State; or Have graduated from an accredited chiropractic program of study within 6 months preceding the application in the State; Have submitted written, verified evidence that the applicant has submitted a criminal history records check in accordance with § 3–302.1 of this subtitle; Agree to practice under the direct supervision of a Board–approved supervisor who is a licensed chiropractor while the temporary license is in effect; and Pay the temporary license fee set by the Board. The applicant shall be of good moral character. Unless the Board suspends or revokes a temporary license, each temporary license expires 6 months after the date of issue. Subject to subparagraph (ii) of this paragraph, a temporary license may be extended every 90 days. The total length of renewal may not exceed 12 months from the date the original temporary license was issued.

Subject to subsection (d) of this section, the Board shall license an applicant who meets the requirements of this title. The Board shall maintain an electronic roster of each individual licensed by the Board. The roster shall be available for the purpose of electronically verifying licensure on the Board’s website. Individuals without access to the Board’s website may contact the Board to verify a license. The Board shall include on each electronic license record: The full name of the licensee; A license number; Designations that clearly distinguish between those licensees who may practice: Chiropractic; Chiropractic with the right to practice physical therapy; and Chiropractic under the supervision of a Board–approved licensed chiropractor; The status of the license; The expiration date of the license; and The original date of licensure. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 3–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not license an applicant if the criminal history record information required under § 3–302.1 of this subtitle has not been received.

Except as otherwise provided in this section, a license authorizes the licensee to practice chiropractic while the license is effective. A license that includes the right to practice physical therapy authorizes the licensee to practice chiropractic and physical therapy while the license is effective. A license does not authorize a licensee to execute or file a birth or death certificate.

A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term of longer than 2 years. At least 1 month before a license expires, the Board shall send to each licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal form and a renewal notice that states: The date on which the current license expires; That the renewal application and fee must be received by the Board on or before the license expiration date; and The amount of the renewal fee. A licensee periodically may renew a license for an additional term if the licensee: Otherwise is entitled to be licensed; Pays a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with the continuing education requirements set by the Board under this section for license renewal. The Board may establish continuing education requirements as a condition to the renewal of licenses under this section. Any requirements established under this subsection shall reflect current educational methods and chiropractic techniques. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

The Board shall reinstate a license that is expired only if the former licensee: Meets the renewal requirements of § 3-308; and Pays to the Board a reinstatement fee set by the Board.

If a chiropractor fails for any reason to renew the license of the chiropractor, the Board shall reinstate the license if the chiropractor: Applies to the Board for reinstatement of the license within 5 years after the license expires; Meets the renewal requirements of § 3-308 of this subtitle; Pays to the Board the reinstatement fee set by the Board; and Passes the law and regulations portion of the Board’s examination. The Board may not reinstate the license of a chiropractor who fails to apply for reinstatement of the license within 5 years after the license expires. However, the chiropractor may become licensed by meeting the current requirements for obtaining a new license under this title.

The Board shall place a licensee on inactive status, if the licensee submits to the Board: An application for inactive status on the form required by the Board; and The inactive status fee set by the Board. A licensee on inactive status may reactivate the license if the licensee: Complies with the continuing education and cardiopulmonary resuscitation (CPR) requirements in effect for the renewal period in which the licensee seeks to reactivate the license; and Pays the reactivation fee set by the Board.

Unless the Board agrees to accept the surrender of a license, a licensed chiropractor may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the chiropractor. The Board may set conditions on its agreement with the chiropractor under investigation or against whom charges are pending to accept surrender of the chiropractor’s license.

Subject to the hearing provisions of § 3–315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, with or without conditions, or suspend or revoke a license, or any combination thereof, if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Practices chiropractic under a false name; Impersonates another practitioner; Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Solicits or advertises in a false or misleading manner or in any other manner not approved by the Board; Is unethical in the conduct of the practice of chiropractic; Is professionally incompetent; Abandons a patient; Misrepresents the effectiveness of any treatment, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Makes or files a false report or record in the practice of chiropractic; Fails to file or record any report as required by law; Impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; Pays or agrees to pay any sum to any person for bringing or referring a patient; Overutilizes health care services; Is disciplined by a licensing or disciplinary authority of any other state or country or convicted by a court of any state or country for an act that would be grounds for disciplinary action under this section; Practices chiropractic with an unauthorized person or supervises or aids an unauthorized person in the practice of chiropractic; Violates any rule or regulation adopted by the Board; Behaves immorally in the practice of chiropractic; Commits an act of unprofessional conduct in the practice of chiropractic; Grossly overutilizes health care services; Is convicted of insurance fraud under § 27–801 of the Insurance Article; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Submits false statements to collect fees for which services were not provided; Misrepresents qualifications, education, training, or clinical experience; Is physically or mentally impaired to the extent that it impairs the applicant’s or licensee’s ability to practice chiropractic safely; Violates any provision of this title; Fails to submit to a criminal history records check in accordance with § 3–302.1 of this subtitle; Fails to comply with any Board order; Does an act that is inconsistent with generally accepted professional standards in the practice of chiropractic; Fails to cooperate with a lawful investigation conducted by the Board; or Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on standard precautions.

If after a hearing under § 3–315 of this subtitle the Board finds that there are grounds under § 3–313 of this subtitle to reprimand any licensee, place any licensee on probation, or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000 for each violation: Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license; or In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license. If, after disciplinary procedures have been brought against a licensee, the licensee waives the right to a hearing required under this subtitle and if the Board finds that there are grounds under § 3-313 of this subtitle to reprimand the licensee, place the licensee on probation, or suspend or revoke a license, the Board may impose a penalty not exceeding $5,000 for each violation in addition to reprimanding, placing the licensee on probation or suspending or revoking the license. The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of this State.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 3–313 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The individual may be represented at the hearing by counsel. Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance with the subpoena and may punish the person as for contempt of court. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. If, after a hearing, a chiropractor is found in violation of § 3–313 of this subtitle, the chiropractor shall pay to the Board the costs for court reporting services.

Except as provided in this section for an action under § 3–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 3–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. The Board may grant a stay of enforcement of a Board order in accordance with the Administrative Procedure Act. An order of the Board may not be stayed pending judicial review. The Board may appeal a decision that reverses or modifies its order.

An action may be maintained in the name of this State or the Board to enjoin: The unauthorized practice of chiropractic; or Conduct that is a ground for disciplinary action under § 3–313 of this subtitle. An action under this section may be brought by: The Board, in its own name; The Attorney General, in the name of this State; or A State’s Attorney, in the name of this State. An action under this section shall be brought in the county where the defendant: Resides; or Engages in the acts sought to be enjoined. Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article. An action under this section may be brought against an individual who is authorized to practice chiropractic under this title. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of chiropractic under § 3–501 of this title or disciplinary action under § 3–313 of this subtitle.

If a license has been suspended or revoked under § 3–313 of this subtitle, the Board may reinstate the license only in accordance with: The terms and conditions of the order of suspension or revocation; or An order of reinstatement issued by the Board.

If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of chiropractic, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board. In return for the privilege to practice chiropractic in the State, the applicant or licensee is deemed to have: Consented to submit to an examination under this section, if requested by the Board in writing; and Waived any claim of privilege as to the testimony or examination reports of the examining health care professional. The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice chiropractic competently unless the Board finds that the failure or refusal was beyond the control of the licensee. The Board shall pay the cost of any examination made under this section.