Plain Text Law

Chapter 01. General Regulations

Full chapter: Markdown · XML

Regulation .01 Rules of Order.Copy Citation

HTML · MD · XML
All proceedings of the Board in regular session shall be governed by Robert's Rules of Order.

Regulation .02 Board Officers, Members, and Staff.Copy Citation

HTML · MD · XML
A.
The Board shall, as the appointing authority, direct the operation of the staff through the executive director.
B.
Board members may not have monetary, pecuniary, or other interest in the affairs of any:
(1)
Staff member; or
(2)
Organization engaged in business with the Board, including:
(a)
Businesses;
(b)
Enterprises; or
(c)
Other for-profit organizations.
C.
A Board member or Board staff may not serve for compensation as an instructor in a continuing education course or program under Board cognizance over which that Board member or staff member serves in an approval capacity.

Regulation .03 Preliminary Educational Qualifications Credits.Copy Citation

HTML · MD · XML
Preliminary educational qualifications credits acceptable to the Board are:
A.
Certificates or diplomas issued by public and private high schools accredited by the National Council of Secondary Educational Institutions or as recognized by the state or city issuing them.
B.
Certificates issued by the department of education of the states and possessions of the United States to applicants having 15 or more units to their credit.
C.
Applicants presenting foreign credits of preliminary education shall have them certified by the consul or the embassy of the country in which they were acquired.
D.
Bachelor's degree accredited by the State.

Regulation .04 Examination Requirements.Copy Citation

HTML · MD · XML
A.
The Board shall accept examination results only from the National Board of Chiropractic Examiners for applicants for a chiropractic license, including applicants seeking to practice chiropractic with physical therapy privileges.
B.
The Board shall set the minimum passing score for each section of the National Board of Chiropractic Examiners' examination.
C.
The Board shall administer a jurisprudence examination at least twice a year at times and places to be announced by the Board.
D.
An applicant for the jurisprudence examination shall:
(1)
Have first successfully completed all required parts of the National Board of Chiropractic examination to the satisfaction of the Board; and
(2)
Submit all documentation and fees at least 45 days before the examination date as determined by postmark.
E.
The examination shall begin promptly at a time announced by the Board and shall be proctored by a Board member or Board staff member.
F.
The applicant shall present a letter of admission and at least one form of personal, valid, current, U.S. government or state issued photo identification. There is no excuse, waiver, or exception for this requirement.
G.
The application shall be executed, verified, and submitted to the Board at least 45 days before the date of examination.
H.
The applicant shall follow all directions of the examination proctor.
I.
The examination paper shall be retained by the Board as follows:
(1)
Passing examination papers shall be retained for 30 days;
(2)
Failing examination papers shall be retained for 90 days;
(3)
All examination papers shall be destroyed after the expiration of the time periods established under §I(1) and (2) of this regulation; and
(4)
Retained examination papers may not be reviewed by the applicant following the completion of the applicant's examination.
J.
The Board shall administer the jurisprudence examination in the English language with no provisions made by the Board to accommodate the examination in any foreign language.
K.
An applicant who fails the jurisprudence examination three times may not retake the examination until the Board has reviewed the applicant's file and approved a retake.

Regulation .05 Licenses.Copy Citation

HTML · MD · XML
A.
Temporary Licenses. The Board may not issue any temporary license to practice chiropractic in Maryland.
B.
An individual practicing chiropractic without a license shall be prosecuted and subject to penalties as prescribed in Health Occupations Article, Title 3, Subtitle 5, Annotated Code of Maryland.
C.
The Board shall issue a license only upon an applicant's successful completion of the:
(1)
National Board of Chiropractic Examiners' examination, Parts I, II, III, and IV;
(2)
Jurisprudence examination; and
(3)
National Board of Chiropractic Examiners' Physiotherapy examination, if applicable.
D.
The Board may waive educational or examination requirements for any licensed chiropractor applying to practice exclusively with a visiting organization for not more than 30 days per calendar year if the:
(1)
Chiropractor practices in a Board-approved, recognized jurisdiction with an active license in good standing;
(2)
Practice is limited exclusively to members of the visiting organization; and
(3)
Chiropractor submits a timely request by application in accordance with Board procedures.
E.
Display of License in Office. A license holder shall display conspicuously at all times at the license holders' place of business the license granted by the Board.
F.
The license holder shall notify the Board of any change in the name or address of the license holder, in writing, within 60 days after the change occurs.
G.
Licensure by Credential.
(1)
An application for licensure by credential shall be based on a written SPEC examination administered by the National Board of Chiropractic Examiners, a jurisprudence examination administered by the Board, and the education and professional qualifications of the applicant.
(2)
At the Board's discretion, an applicant for licensure by credential shall appear before the Board in person before the license is granted.
H.
Renewals.
(1)
A license holder failing to renew a license shall:
(a)
Be notified by the Board by certified mail of the delinquency; and
(b)
Have the license lapse into non-renewed status if the license holder does not renew by September 30th of the renewal year.
(2)
Continuing Education.
(a)
Upon renewal, when audited by the Board, a license holder shall submit written evidence of the successful completion of the number of continuing education hours and cardiopulmonary resuscitation (CPR) certification required by the Board for renewal.
(b)
The license holder shall have completed the required credit hours by the time of renewal.
(c)
This evidence may include a photocopy of the official transcript or a report of the completion of the course.
(d)
Only a course program approved by the Board may be used to meet the continuing education requirement of §H(2) of this regulation.
(e)
The requirement may be waived by the Board upon proof of unusual and extreme hardship or disability, and upon application to the Board at least 60 days before September 1.
I.
Reinstatements. An applicant for reinstatement of a license that has lapsed for a period of more than 2 years shall be admitted only after satisfying the Board as to the applicant's efficiency by examination and the payment of fees due.
J.
Types of Licenses.
(1)
The Board shall issue two types of licenses:
(a)
A license covering the practice of chiropractic and physical therapy, as defined in Health Occupations Article, §3-101(f) and (g), Annotated Code of Maryland; and
(b)
A license permitting the holder to practice chiropractic as defined in Health Occupations Article, §3-101(f) and (g), Annotated Code of Maryland.
(2)
An individual holding the chiropractic license and wishing to qualify for the license to practice physical therapy in conjunction with a practice of chiropractic may do so by passing the National Board of Chiropractic Examiners Physiotherapy examination with a minimum score of 75 percent.

Regulation .06 Disclosure for Compelling Public Purpose.Copy Citation

HTML · MD · XML
A.
The Board may find that a compelling public purpose warrants disclosure of information in an application, certification, licensing, or investigative file, regardless of whether there has been a request for the information, if:
(1)
The information concerns possible criminal activity and the disclosure is to a federal, state, or local law enforcement or prosecutorial official or authority;
(2)
The information concerns a possible violation of law and the disclosure is to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or
(3)
The information concerns conduct by an individual that the Board reasonably believes may pose a risk to the public health, safety, or welfare, and the disclosure is to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.
B.
Other Disclosures. This regulation does not prohibit or limit the Board's ability to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information that the Board may otherwise disclose by law.
Chapter annotations
Authority: Health Occupations Article, Title 3, Annotated Code of Maryland
History: Effective date: February 1, 1969
History: Regulation .02-1 adopted as an emergency provision effective November 25, 1985 (12:25 Md. R. 2469); emergency status expired May 24, 1986 (Emergency provisions are temporary and not printed in COMAR)
History: Regulation .06 amended effective January 21, 1991 (18:1 Md. R. 30)
History: Regulation .06E amended effective April 27, 1977 (4:9 Md. R. 719)
History: Regulation .08 repealed effective October 24, 1983 (10:21 Md. R. 1902)
History: Chapter revised effective August 6, 2001 (28:15 Md. R. 1398)
History: Regulation .02 amended effective June 9, 2003 (30:11 Md. R. 735)
History: Regulation .02A amended effective June 13, 2011 (38:12 Md. R. 705)
History: Regulation .04D amended effective June 13, 2011 (38:12 Md. R. 705); January 6, 2014 (40:26 Md. R. 2164)
History: Regulation .04G amended effective June 13, 2011 (38:12 Md. R. 705)
History: Regulation .04F amended effective October 22, 2007 (34:21 Md. R. 1915)
History: Regulation .05 amended effective October 22, 2007 (34:21 Md. R. 1915); January 6, 2014 (40:26 Md. R. 2164)
History: Regulation .05F amended effective April 13, 2015 (42:7 Md. R. 570)
History: Subtitle and Chapter name amended to be, Board of Chiropractic Examiners, General Regulations, effective January 2, 2017 (43:26 Md. R. 1446)