CHAPTER 514

FORMERLY

HOUSE BILL NO. 565

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO 2

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF CHIROPRACTIC.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §700, Chapter 7. Title 24 of the Delaware Code by striking present §700 in its entirety and substituting in lieu thereof the following:

"§700. Purpose of chapter; objectives of Board.

The primary objective of the Board of Chiropractic. to which all other objectives and purposes are secondary. is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter. from unsafe practices and from occupational practices which tend to reduce competition or lix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and. to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence: shall monitor complaints brought against practitioners regulated by the Board: shall adjudicate at formal hearings: shall promulgate rules and regulations: and shall impose sanctions where necessary against licensees or Milner licensees.

Throughout the history of chiropractic, there have been distinct philosophical approaches to chiropractic No action, rule. standard or requirement shall he imposed or interpreted which o mild restrict a practitioner from licensure as long as the practitioner complies with this chapter "

Section 2 Amend §761, Chapter 7, Title 24 of the Delaware Code by striking present §701 in its entirety and substituting in lieu thereof the following:

"§701. Chiropractic define; limitation of chiropractic license.

(a) Chiropractic means a drugless systems of health care based on the principle that interference with the transmission of nerve impulses may cause disease.

(b) The practice of chiropractic includes, but is not limited to, the diagnosing and locating of misaligned or displaced vertebrae (subluxation complex), using x-rays and other diagnostic test procedures. Practice of chiropractic includes the treatment through manipulation adjustment of the spine and other skeletal structures and the use of adjunctive procedures not otherwise prohibited by this Chapter.

(c) Except as otherwise provided in this Chapter, the practice of chiropractic does not include the use of drugs, Surgery, or obstetrical or gynecological examinations or treatment.

(d) All examinations performed by chiropractors shall be in accordance with the protocol and procedures as taught in the majority of accredited chiropractic colleges."

Section 3. Amend subsection (a), §702, Chapter 7, Title 24 of the Delaware Code, by striking the first sentence of said subsection (a) and substituting in lieu thereof the following:

"(a) There is created a State Board of Chiropractic, which shall administer and enforce this chapter, and which shall consist of seven members appointed by the Governor, who are residents of this State; four of whom shall be licensed to practice chiropractic in this State; and three public members."

Section 4. Amend subsection (b). §702, Chapter 7, Title 24 of the Delaware Code by striking said subsection (b) in its entirety. and substituting in lieu thereof the following:

"(b) Except as provided in subsection (c) of this Section. each member shall serve for a term of three years. and may succeed himself or herself for one additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to till a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Persons who are members of the Board on the effective date of this Act shall complete their terms of office."

Section 5. Amend subsection (g). §702. Chapter 7. Title 24 of the Delaware Code, by striking the word his as it appears in said subsection (g). and substituting the words "his or her in lieu thereof.

Section 6. Amend §702. Chapter 7, Title 24 of the Delaware Code by adding a no% subsection (i) which new subsection shall read as follows:

"(i) The provisions set forth for 'employees' in Chapter 58. Title 29 of the Delaware Code shall apply to all members of the Board, and to all agents appointed or otherwise employed by the Board."

Section 7. Amend subsection (a), §703. Chapter 7, Title 24 of the Delaware Code by striking said subsection (a) in its entirety and substituting in lieu thereof the following:

"(a) The Board annually shall elect a president and secretary. Each officer shall serve for one year and shall not succeed himself or herself in the same office."

Section 8. Amend §704. Chapter 7, Title 24 of the Delaware Code by striking entire §704 and substituting in lieu thereof the following:

"§704.Complaints.

All complaints shall be received and investigated by the Division of Professional Regulation in accordance with §8810, Title 29 of the Delaware Code. The Division shall he responsible for issuing a final written report at the conclusion of its investigation. The [loud president shall assign a member of the Board to assist the Division of Professional Regulation with the investigation or the technical aspects of the complaint and shalt not discuss any matter of fact or law regarding such investigation with any Board member-prior to the final decision of the Board. Such member shall recuse himself or herself from the deliberations on the complaint at any hearing regarding the complaint. If it is determined that a practitioner should he subject to a disciplinary hearing, the Board shall conduct such hearing in accordance with this Chapter and the Administrative Procedures Act.

When it is determined that an individual is engaging in the practice of chiropractic or is using the title 'chiropractor' and is not licensed under the laws of this State. the Board shall roan) the Office of the Attorney General for appropriate action."

Section 9. Amend subsection (a), §705, Chapter 7, Title 24 of the Delaware Code b) striking said subsection (a) in its entirety and substituting in lieu thereof the following:

"(a) If a complaint is filed with the Board pursuant to §8810 of Title 29 of the Delaware Code, alleging violation of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code."

Section 10. Amend paragraph (4), subsection (a), §706, Chapter 7, Title 24 of the, Delaware Code by striking said paragraph (4) in its entirety and substituting in lieu thereof the following:

"(4) Designate the national written examination to be taken by all persons applying for licensure. except those applicants who qualify for licensure by reciprocity;"

Section 11. Amend paragraph (5), subsection (a), §706, Chapter 7, Title 24 of the Delaware Code by striking said paragraph (5) in its entirety and substituting in lieu thereof the following:

"(5) Administer the State practical examination until a national practical examination is available as determined by the Division of Professional Regulation;"

Section 12. Amend paragraph (7). subsection (a), §706, Chapter 7, Title 24 of the Delaware Code by striking said paragraph (7) in its entirety and substituting in lieu thereof the following:

"(7) Refer all complaints from practitioners and the public to the Division of Professional Regulation for investigation pursuant to §8810 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;"

Section 13. Amend paragraph (14), subsection (a), §706, Chapter 7, Title 24 of the Delaware Code by striking present paragraph (14) in its entirety.

Section 14. Amend paragraph (8), subsection (a), §706, Chapter 7, Title 24 of the Delaware ('ode by striking present paragraph (8) in its entirety, and renumbering each succeeding paragraph accordingly.

Section 15. Amend paragraph (1), subsection (a), §707, Chapter 7, Title 24 of the Delaware Code by striking the word "he" as the same appears in said paragraph (1), and substituting in lieu thereof the words "he or she".

Section 16. Amend paragraph (2), subsection (a), *707, Chapter 7, Title 24 of the Delaware Code by striking the word he as the same appears in said paragraph (2), and substituting in lieu thereof the words "he or she".

Section 17. Amend subsection (b), §707, Chapter 7, Title 24 of the Delaware Code by striking the word "him" as the same appears in said subsection (b), and substituting in lieu thereof the words "him or her".

Section l8. Amend subsection (a). §708, Chapter 7, Title 24 of the Delaware Code by striking said subsection (a) in its entirety, and substituting in lieu thereof the following:

"(a) All applicants must provide proof satisfactory to the Board that they have successfully passed Parts I, II and III, and the physiotherapy section of the National Board of Chiropractic Examiner's examination administered on a national basis."

Section 19. Amend subsection (c), §708, Chapter 7, Title 24 of the Delaware Code by adding the following sentence to said subsection (c):

Such practical examination shall be administered by the Board until the national practical examination is available as determined by the Division of Professional Regulation."

Section 20. Amend subsection (d), §708, Chapter 7, Title 24 of the Delaware Code by striking the word "he" as the same appears in said subsection (d), and substituting in lieu thereof the words he or she".

Section 21. Amend §709, Chapter 7, Title 24 of the Delaware Code by striking the provided, however, that the application fee and the license renewal fee to be charged shall be no less than $200 for each fee" as the same appear in the first sentence of said §709.

Section 22. Amend subsection (b), §710, Chapter 7, Title 24 of the Delaware Code by striking the words and number "3 times the amount of the reciprocity fee" and substituting in lieu thereof the following: "determined by the Division of Professional Regulation".

Section 23. Amend subsection (c), §710, Chapter 7, Title 24 of the Delaware Code by striking the word "his" as the same appears in said subsection (c), and substituting in lieu thereof the words "his or her".

Section 24. Amend subsection (c), §710, Chapter 7, Title 24 of the Delaware ('ode by striking the word "active" as the same appears in the second sentence of said subsection, and substituting in lieu thereof the word "inactive".

Section 25. Amend subsection (d), §710, Chapter 7, Title 24 of the Delaware Code by striking the word "he" as the same appears in said subsection (d), and substituting in lieu thereof' the words "he or she".

Section 26. Amend §711, Chapter 7, Title 24 of the Delaware Code by adding to said §711 the following sentence: "The Board shall administer the State practical examination until the national practical examination is available as determined by the Division of Professional Regulation."

Section 27. Amend subsection (a), §712, Chapter 7, Title 24 of the Delaware Code by striking said subsection and substituting in lieu thereof the following:

"(a) Practitioners regulated under this Chapter shall he subject to those disciplinary actions set forth in this Section if, after a hearing, the Board finds the practitioner guilty of unprofessional conduct as defined in subsection (b) of this Section."

Section 28. Amend subsection (b), §712, Chapter 7, Title 24 of the Delaware Code by striking said subsection (b) and paragraphs (1), (2), (3) in their entirety and substituting in lieu thereof the following:

"(b) "Unprofessional conduct is hereby defined as any of the following acts:

(1) Use of any false, fraudulent or forged statement or document or use of an) fraudulent, deceitful, dishonest or unethical practice in connection with any licensing requirements of this Act;

(2) Conviction of a felony;

(3) Any dishonorable or unethical conduct likely to deceive, defraud or harm the

(3) The willful violation of the confidential relations and communications of a

(4) The practitioner has employed or knowingly cooperated in fraud or materiel deception in order to be licensed, or be otherwise authorized to practice chiropractic:

(3) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);

(5) Practice of chiropractic under a false or assumed name;

(6) Use, distribution or prescription for use of dangerous or narcotic drugs:

(7) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition can be permanently cured;

(10) Knowing or intentional performance of any act which, unless authorized by the Board of Chiropractic, assists an unlicensed and unauthorized person to practice chiropractic;

(11) The failure to provide adequate supervision to a person working under his or her direction;

(12) Misconduct, incompetence or gross negligence in the practice of chiropractic:

(13) Willful failure to divulge to the Board or any committee or representative thereof. upon its request. information relevant to authorization or competence to practice chiropractic:

(14) The violation of this Chapter. or the violation of an order Or regulation of the

Board;

(15) Charging a grossly exorbitant fee for professional services rendered;

(16) Suspension. revocation, or refusal to grant a license to practice chiropractic or other disciplinary action taken by the appropriate licensing authority in another state or territory; provided, however, that the underlying grounds for such action in another state or territory have been presented to the Board by either certified record or live testimony and the Board has determined that the facts found by the appropriate authority in the other state constitute unprofessional conduct as that term is defined in paragraphs (I) through (16) of this subsection:"

Section 29. Amend subsection (d). §712. Chapter 7, Title 24 of the Delaware Code by striking said subsection (d) in its entirety and substituting in lieu thereof the billowing:

"(d) Where a practitioner fails to comply with the Board's request that he or she attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order."

Section 30. Amend subsection (I'). §712. Chapter 7. Title 24 of the Delaware Code by striking the words "subsections (a) through (e) in present subsection (f), and substituting in lieu thereof the words "subsection (b)".

Section 31. Amend paragraph (1). subsection (1). §712. Chapter 7, Title 24 of the Delaware Code by striking said paragraph (1). and substituting in lieu thereof the fo11owing:

"(1) Restrict the license of a practitioner:"

Section 32. Amend subparagraph c., paragraph (4). subsection (f). §712. Chapter 7. -Title 24 01 the Delaware Code by striking the word "his" as the same appears in said subparagraph c., and substituting in lieu thereof the words "his or her".

Section 33. Amend subsection §712, Chapter 7. Title 24 of the Delaware Code by striking said subsection (j) in its entirety and renumbering each succeeding subsection accordingly.

Section 34. Amend subsection (c). §712. Chapter 7, Title 24 of the Delaware Code by striking said subsection (c) in its entirety and renumbering each succeeding subsection accordingly.

Section 35 Amend subsection (2). §713, Chapter 7, Title 24 of the Delaware Code by striking said subsection (2) in its entirety.

Section 36. Amend subsection (1), §713. Chapter 7, Title 24 of the Delaware Code by striking the subsection symbol (l) as the same appears in §713.

Section 37. Amend subsection (a), §714. Chapter 7, Title 24 of the Delaware Code by striking the word "himself" as the same appears in said subsection (a), and substituting in lieu thereof the words "himself or herself'

Section 38. Amend subsection (b), §714. Chapter 7, Title 24 of the Delaware Code by striking the word "his" as the same appears in said subsection (b), and substituting in lieu thereof the wards "his or her".

Section 39. Amend §716, Chapter 7, Title 24 of the Delaware Code by striking the word "his" as the same appears in said §716, and substituting in lieu thereof the words his or her".

Section 40. Amend §717, Chapter 7, Title 24 of the Delaware Code by striking the word his as the same appears in said §7I7, and substituting in lieu thereof the words his or her".

Section 41. Amend subsection (c), §703, Chapter 7, Title 24 of the Delaware Code by striking the words "A majority of members shall constitute a quorum, and no action shall be taken without the affirmative vote of at least 3 members." as the same appear in said subsection, and substituting in lieu thereof the following:

"A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 4 members of the Board."

Approved July 17, 1996