The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 10: CHIROPRACTIC

 

Sub-Chapter 1: General Provisions

§ 521. Definitions

As used in this chapter:

(1) "Adjunctive therapies" means to treat the human body by manual, mechanical, electrical, or natural methods, or by the use of physical means which include light, heat, water, or exercise in preparation for a chiropractic adjustment or manipulation.

(2) "Board" means the Board of Chiropractic created under section 527 of this title.

(3) "The practice of chiropractic" means the diagnosis of human ailments and diseases related to subluxations, joint dysfunctions, and neuromuscular and skeletal disorders for the purpose of their detection, correction, or referral in order to restore and maintain health, including pain relief, without providing drugs or performing surgery; the use of physical and clinical examinations, conventional radiologic procedures and interpretation, as well as the use of diagnostic imaging read and interpreted by a person so licensed and clinical laboratory procedures to determine the propriety of a regimen of chiropractic care; adjunctive therapies approved by the Board, by rule, to be used in conjunction with chiropractic treatment; and treatment by adjustment or manipulation of the spine or other joints and connected neuromusculoskeletal tissues and bodily articulations.

(4) "Chiropractor" or "chiropractic physician" means a person licensed under this chapter.

(5) "Disciplinary action" includes any action taken by the Board against a person licensed under this chapter or an applicant premised on a finding that the person has engaged in unprofessional conduct. The term includes all sanctions of any kind, including refusing to give an examination, refusing to grant or renew a license, suspending or revoking a license, placing limitations or restrictions upon a license, and issuing reprimands and warnings. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2009, No. 25, § 9; 2013, No. 27, § 2.)


§ 522. Prohibitions

(a) A person shall not practice chiropractic or hold himself or herself out as being able to do so in this state unless he or she is licensed under this chapter.

(b) A person shall not use in connection with the person's name any letters, words, or insignia indicating that the person is a chiropractor, chiropractic physician, or doctor of chiropractic unless the person is licensed under this chapter.

(c) A person shall not work as a chiropractic intern unless he or she is registered as required by this chapter.

(d) A person who violates the provisions of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2007, No. 29, § 18.)


§ 523. Exemptions

The provisions of this chapter shall not apply to the following persons acting within the scope of their respective professional practices:

(1) A person licensed to practice medicine and surgery under chapter 23 of this title.

(2) A person licensed to practice osteopathic medicine under chapter 33 of this title.

(3) A physician assistant licensed or registered under chapter 31 of this title.

(4) A nurse licensed under chapter 28 of this title.

(5) A physical therapist licensed under chapter 38 of this title.

(6) A commissioned officer of the U.S. Armed Forces or Public Health Service when acting within the scope of his or her official duties.

(7) A nonresident licensed chiropractor who comes into the State to treat or to consult on a particular case in this State, to perform research or to participate in or instruct regular or continuing education courses, provided he or she does not otherwise practice in this State. (Added 1991, No. 236 (Adj. Sess.), § 1.)


§ 524. Reporting of contagious and infectious diseases; death certificates

Chiropractors shall be subject to the provisions of the law relating to contagious and infectious diseases and to the granting of certificates of deaths. (Added 1991, No. 236 (Adj. Sess.), § 1.)


§ 525. Competency requirements of licensees

No person licensed by the board shall apply ionizing radiation to human beings for diagnostic or therapeutic purposes without first having satisfied the board of his or her competency to do so. The board shall consult with the board of radiologic technology concerning suitable performance standards to be adopted by rule. The board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under section 535 of this title. (Added 1999, No. 52, § 6.)


 

Sub-Chapter 2: Administration

§ 527. Composition of the board; qualification of members; term of office

(a) A board of chiropractic is created. The board shall consist of five members. Board members shall be appointed by the governor pursuant to 3 V.S.A. §§ 129b and 2004.

(b) Three members of the board shall be chiropractors licensed and in good standing in this state who are graduates of an accredited school of chiropractic and who reside and have resided and actively practiced chiropractic in this state during the two years immediately preceding their appointments. Two members shall be members of the public. A public member shall not be a member of any health-related licensing board or profession or have a financial interest personally or through a spouse, parent, or sibling in the activities regulated under this chapter, other than as consumers or possible consumers of chiropractic services.

(c), (d) [Deleted.]  (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2005, No. 27, § 32.)


§ 528. Board procedures

(a) Annually the board shall elect from among its members a chair, vice chair, and secretary, each to serve for one year. No person shall serve as chair or vice chair for more than three consecutive years.

(b), (c) [Repealed.]

(d) A majority of the members of the board constitutes a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2011, No. 116 (Adj. Sess.), § 8.)


§ 529. Powers; duties

(a) In addition to its other powers and duties, the board shall:

(1) Provide general information to applicants.

(2) Explain appeal procedures to licensees and applicants and complaint procedures to the public.

(3) Conduct a competency evaluation where radiographic services are performed by licensees required to demonstrate competency under section 525 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The evaluation fee required under section 535 of this title shall not be assessed more than once in any two-year period against any licensee evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection.

(b) The board may adopt rules necessary for the performance of its duties, including:

(1) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(2) procedures for continued competency evaluation;

(3) procedures for radiation safety;

(4) procedures for competency standards for license applications and renewals;

(5) rules relating to medical recordkeeping standards and release of medical records;

(6) rules establishing requirements for licensing chiropractors with five years' licensed experience in another jurisdiction of the United States or Canada. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1999, No. 52, § 7; 1999, No. 133 (Adj. Sess.), § 9; 2009, No. 103 (Adj. Sess.), § 7.)


 

Sub-Chapter 3: Licensure Requirements

§ 531. License by examination

To be eligible for licensure under this section, an applicant shall satisfy all of the following requirements:

(1) Have attained the age of majority.

(2) Present proof of having graduated from a four-year school of chiropractic, accredited by a chiropractic accrediting body recognized by the United States Department of Education and approved by the board, or submit to the board proof of equivalent education as provided in rules for foreign-trained persons.

(3) Pass the examinations required by section 532 of this title which shall be administered in the manner and places designated by the board. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 108 (Adj. Sess.), § 1; 1999, No. 52, § 8; 2003, No. 60, § 5.)


§ 532. Examinations

(a) The board, or an examination service selected by the board, shall examine applicants for licensure. The examinations may include the following subjects: anatomy, physiology, physiotherapy, diagnosis, hygiene, orthopedics, histology, pathology, neurology, chemistry, bacteriology, x-ray interpretation, x-ray technic and radiation protection, and principles of chiropractic. The board may use a standardized national examination.

(b) In addition to the examination required by subsection (a) of this section, an applicant shall demonstrate proficiency in vertebral palpation, and spinal adjustment and may also be required to demonstrate proficiency in the practical application of orthopedics, neurology, x-ray interpretation and principles of ionizing radiation, laboratory diagnosis, and clinical diagnosis as they relate to the practice of chiropractic.

(c) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure that all applicants are granted licensure if they demonstrate that they possess the minimum qualifications which are consistent with protecting the public health, safety, and welfare. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2011, No. 116 (Adj. Sess.), § 9.)


§ 533. License by endorsement

(a) The board may grant a license without written examination to an applicant who is licensed and is in good standing to practice chiropractic in another jurisdiction of the United States or Canada with standards and qualifications required for licensure of chiropractors that are deemed by the board to be substantially equivalent to those required by this chapter.

(b) The board may require an applicant under this section to take an examination on the Vermont laws and rules governing the practice of chiropractic.

(c) An applicant who is not in good standing may be eligible for licensure under this section if the applicant can demonstrate to the satisfaction of the board that the applicant has passed the Special Purpose Examination for Chiropractors and is otherwise qualified for licensure under this section. The board may place limitations or conditions on licenses issued under this subsection. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 2001, No. 151 (Adj. Sess.), § 9, eff. June 27, 2002; 2009, No. 103 (Adj. Sess.), § 8.)


§ 534. License renewal

(a) Licenses shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted by the license beginning on the expiration date of the license. A license which has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.

(b) The board may adopt rules necessary for the protection of the public to assure the board that an applicant whose license has lapsed for more than three years is professionally qualified before the license is renewed. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.

(c) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the board. For purposes of this subsection, the board may require, by rule, not more than 24 hours of approved continuing education as a condition of renewal. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 190 (Adj. Sess.), § 4; 2005, No. 27, § 33; 2011, No. 116 (Adj. Sess.), § 10.)


§ 535. Fees

Applicants and persons regulated under this chapter shall pay the

 following fees:

         (1) Chiropractors

             (A) Application                                                           $ 200.00

             (B) Biennial renewal                                                   $ 265.00

             (C) Initial competency endorsement under

 section 525 of this title                                                            $  70.00

            (D) Biennial renewal of competency endorsement

 under section 525 of this title                                                  $  70.00

            (E) Evaluation                                                              $ 125.00

         (2) Registration of intern                                             $ 50.00

 (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1993, No. 108 (Adj. Sess.), § 17; 1999, No. 49, § 171; 2001, No. 143 (Adj. Sess.), § 22, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 11; 2013, No. 191 (Adj. Sess.), § 12.)


§ 536. Registration of chiropractic interns

A student enrolled in a chiropractic college approved by the board, who has completed three years of the curriculum, may work as a chiropractic intern provided he or she is registered with the board. A registered intern shall work under the direct supervision of a licensed chiropractor. An intern may perform activities delegated to him or her by the supervising chiropractor, including the activities described in subdivision 521(3) of this title provided that a licensed chiropractor observes all such activities. The supervising chiropractor shall be legally liable for such activities performed by the intern. (Added 1991, No. 236 (Adj. Sess.), § 1.)


 

Sub-Chapter 4: Unprofessional Conduct And Discipline

§ 541. Disciplinary proceedings; unprofessional conduct

Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) Advertising or making a representation relating to chiropractic which is intended or has a tendency to deceive the public, including advertising by a licensee which does not clearly state that the services advertised are being offered by a "chiropractor" or "chiropractic physician."

(2) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license or registration under this chapter.

(3) Suspension or revocation of a license to practice chiropractic in another jurisdiction on one or more of the grounds specified in this section.

(4) Willful disregard of a subpoena or notice of the board.

(5) Failure to keep written chiropractic records justifying a course of treatment for a patient, including patient histories, examination results, and test results.

(6) Performing professional services which have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy which, by the prevailing standards of chiropractic practice, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.

(8) Practicing chiropractic with a chiropractor who is not legally practicing within the state, or aiding or abetting that person in the practice of chiropractic.

(9) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board.

(10) Conduct which evidences unfitness to practice chiropractic.

(11) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the chiropractor is intoxicated or under the influence of drugs.

(12) Sexual harassment of a patient.

(13) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient.

(14) Repealed.]

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required.

(c)-(f) Deleted.]  (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10; 2011, No. 116 (Adj. Sess.), § 11.)