STATE OF CALIFORNIA
Gavin Newsom, Governor
BOARD OF CHIROPRACTIC EXAMINERS
Rules and Regulations
Board of Chiropractic Examiners
1625 N. Market Blvd., Suite N-327
Sacramento, CA 95834
Revised November 2021
These regulations are contained in Title 16 of the California Code of Regulations, Division 4,
beginning at Section 301. While every effort is made to assure that the information on this Web
site is current, always refer to the California Code of Regulations to guarantee the most current
information.
TABLE OF CONTENTS
Page
Article 1. General Provisions………………………………………………………..…….4
Section
§ 301. Tenses, Gender and Number.
§ 302. Practice of Chiropractic.
§302.5. Use of Laser.
§ 303. Filing of Addresses.
§ 304. Discipline by Another State.
§ 305. Procedure in Disciplinary Proceedings.
§ 306. Delegation of Certain Functions.
§ 306.2. Person Not an Employee of the Board Hired to Provide
Expertise to Board in Evaluation of Conduct of Licensee;
Administration of a Board Examination; Non Liability of
Board.
§ 306.3. Investigators; Authority to Inspect Premises.
§ 307. Refund of Fees.
§ 308. Display of License.
Article 1.5 Sponsored Free Health Care Events – Requirements for Exemption…………7
Section
§ 309. Definitions.
§ 309.1. Sponsoring Entity Registration and Recordkeeping Requirements.
§ 309.2. Out-of-State Practitioner Authorization to Participate in Sponsored
Event.
§ 309.3. Termination of Authorization and Appeal.
§ 309.4. Additional Practice Requirements for Out-of-State Practitioners.
Authorized to Participate in Sponsored Free Health Care Events.
Article 2. Practice of Chiropractic………………………………………………………..11
Section
§ 310. Change of Name.
§ 310.1. Replacement License.
§ 310.2. Use of the Title “Chiropractor” by Unlicensed Persons.
§ 311. Advertisements.
§311.1. Chiropractic Specialties.
§ 312 Illegal Practice.
§ 312.1 Ownership of a Chiropractic Practice.
§ 312.2 Ownership of a Practice upon the Death or Incapacity of a Licensee.
§ 313. Inducing Student to Practice Chiropractic.
§ 314. Law Violators.
§ 315. Mental Illness.
§ 316. Responsibility for Conduct on Premises.
§ 316.5 Substantial Relationship Criteria.
§ 317. Unprofessional Conduct.
§ 317.1. Chiropractic Referral Services.
§ 317.5. Investigation and Enforcement Costs; Payment by Licentiate.
§ 318. Chiropractic Patient Records/Accountable Billings.
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§ 318.1. Standard of Care Regarding Manipulation Under
Anesthesia (MUA).
§ 319. Free or Discount Services.
§ 319.1. Informed Consent.
Article 3. Application for License to Practice Chiropractic……………………………..22
Section
§ 320. Temporary Permits or Licenses.
§ 321. Application for License.
§ 321.1. Fingerprint Submission.
§ 322. Age of Applicant.
§ 323. Reciprocity. Interpretation of Section 9 of the Act.
§ 325. Denial of License Application; Issuance of Probationary License
§325.1. License Reapplication.
§326. Rehabilitation Criteria for Denials, Reinstatements, and Reissuance
of a License.
§327 Rehabilitation Criteria for Suspensions or Revocations.
Article 4. Approved School and Qualifications of Applicants…………………….…….25
Section
§ 330. Application for Approval.
§ 331.1. Approval and Eligibility.
§ 331.2. Inspection and Survey.
§ 331.3. Supervision.
§ 331.4. Financial Management.
§ 331.5. Records.
§ 331.6. Catalog.
§ 331.7. Calendar.
§ 331.8. Faculty.
§ 331.9. Student Faculty Ratio.
§ 331.10. Faculty Organization.
§ 331.11. Scholastic Regulations.
§ 331.12.1. Curriculum.
§ 331.12.2. Curriculum.
§ 331.12.3. Eligibility to Take Board Examination.
§ 331.13. Physical Facilities.
§ 331.14. Quality of Instruction.
§ 331.15. Violations or Failure to Comply.
§ 331.16. Definition of Board.
Article 5. Examinations……………………………………………………………….…39
Section
§ 340. Examinations.
§ 341. Other Articles Forbidden.
§ 342. Conduct During Examination.
§ 343. Basis of Questions.
§ 344. Cheating.
§ 345. Retention of Papers.
§ 346. Interpretation of Part of Section 6(c) of the Act.
§ 348. Failure to Appear for Examination.
§ 349. Interpretation of Section 6(d) of the Act.
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§ 354. Successful Examination.
Article 6. Continuing Education…………………………………………………...…….42
Section
§ 360. Continuing Education Fees.
§ 361. Continuing Education Requirements.
§ 362. Continuing Education Provider Approval, Duties and
Responsibilities.
§ 363. Approval of Continuing Education Courses.
§ 363.1. Distance Learning Courses.
§ 364. Exemptions and Reduction of Requirement.
§ 365. Revoked Licenses.
§ 366. Continuing Education Audits.
Article 7. Chiropractic Corporations…………………………………………………….51
Section
§ 367.1. Citation of Rules.
§ 367.2. Definitions.
§ 367.3. Professional Relationships, Responsibilities, and Conduct Not Affected.
§ 367.4. Office for Filing.
§ 367.5. Application, Review of Refusal to Approve.
§ 367.6. Requirements for Issuance of Certificate of Registration.
§ 367.7. Name of Corporation.
§ 367.8. Security for Claims Against a Chiropractic Corporation.
§ 367.9. Shares: Ownership and Transfer.
§ 367.10. Certificate of Registration; Continuing Validity; Reports.
Article 7.5 License Renewal Requirements……………………………………………….54
Section
§370. License Renewal Fees.
§371. Annual License Renewals and Restoration.
§372. Continued Jurisdiction of a License.
Article 8. Conflict of Interest Code…………………………………………………..….56
§ 375. General Provisions Appendix
Article 9. Enforcement and Discipline…………………………………………….……..56
Section
§ 384. Disciplinary Guidelines.
§ 386. Fraud.
§ 389. Letter of Admonishment.
§ 390. Issuance of Citations
§ 390.1. Criteria to Be Considered.
§ 390.3. Citations for Unlicensed Practice.
§ 390.4. Contested Citations.
§ 390.5. Compliance with Citation/Order of Abatement.
§ 390.6 Notification to Other Boards and Agencies.
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Article 1. General Provisions
§301. Tenses, Gender and Number.
For the purpose of the rules and regulations contained in this chapter, the present tense
includes the past and future tenses, and the future, the present; the masculine gender includes the
feminine, and the feminine, the masculine; and the singular includes the plural, and the plural,
the singular.
§302. Practice of Chiropractic.
(a) Scope of Practice.
(1) A duly licensed chiropractor may manipulate and adjust the spinal column and other joints
of the human body and in the process thereof a chiropractor may manipulate the muscle and
connective tissue related thereto.
(2) As part of a course of chiropractic treatment, a duly licensed chiropractor may use all
necessary mechanical, hygienic, and sanitary measures incident to the care of the body,
including, but not limited to, air, cold, diet, exercise, heat, light, massage, physical culture, rest,
ultrasound, water, and physical therapy techniques in the course of chiropractic manipulations
and/or adjustments.
(3) Other than as explicitly set forth in section 10(b) of the Act, a duly licensed chiropractor
may treat any condition, disease, or injury in any patient, including a pregnant woman, and may
diagnose, so long as such treatment or diagnosis is done in a manner consistent with chiropractic
methods and techniques and so long as such methods and treatment do not constitute the practice
of medicine by exceeding the legal scope of chiropractic practice as set forth in this section.
(4) A chiropractic license issued in the State of California does not authorize the holder
thereof:
(A) to practice surgery or to sever or penetrate tissues of human beings, including, but not
limited to severing the umbilical cord;
(B) to deliver a human child or practice obstetrics;
(C) to practice dentistry;
(D) to practice optometry;
(E) to use any drug or medicine included in materia medica;
(F) to use a lithotripter;
(G) to use ultrasound on a fetus for either diagnostic or treatment purposes; or
(H) to perform a mammography.
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(5) A duly licensed chiropractor may employ the use of vitamins, food supplements, foods for
special dietary use, or proprietary medicines, if the above substances are also included in section
4057 of the Business and Professions Code, so long as such substances are not included in
materia medica as defined in section 13 of the Business and Professions Code.
The use of such substances by a licensed chiropractor in the treatment of illness or injury must
be within the scope of the practice of chiropractic as defined in section 7 of the Act.
(6) Except as specifically provided in section 302(a)(4), a duly licensed chiropractor may
make use of X-ray and thermography equipment for the purposes of diagnosis but not for the
purposes of treatment. A duly licensed chiropractor may make use of diagnostic ultrasound
equipment for the purposes of neuromuscular skeletal diagnosis.
(7) A duly licensed chiropractor may only practice or attempt to practice or hold himself or
herself out as practicing a system of chiropractic. A duly licensed chiropractor may also
advertise the use of the modalities authorized by this section as a part of a course of chiropractic
treatment, but is not required to use all of the diagnostic and treatment modalities set forth in this
section. A chiropractor may not hold himself or herself out as being licensed as anything other
than a chiropractor or as holding any other healing arts license or as practicing physical therapy
or use the term “physical therapy” in advertising unless he or she holds another such license.
(b) Definitions.
(1) Board. The term “board” means the State Board of Chiropractic Examiners.
(2) Act. The term “act” means the Chiropractic Initiative Act of California as amended.
NOTE: The Chiropractic Initiative Act of California is listed in West's Annotated California
Codes following section 1000 of the Business and Professions Code, and in Deering's California
Codes Annotated as an appendix to the Business and Professions Code.
(3) Duly licensed chiropractor. The term “duly licensed chiropractor” means any chiropractor
in the State of California holding an unrevoked certificate to practice chiropractic, as that term is
defined in section 7 of the Act, that has been issued by the board.
§ 302.5. Use of Laser.
(a) A duly licensed chiropractor and any person under their direct or indirect supervision, as
defined in section 312, shall:
(1) Not use any laser in the practice of chiropractic which has not been properly approved or
cleared by the United States Food and Drug Administration (FDA).
(2) Not market or advertise the use of a laser or use a laser for purposes other than treatment
consistent with section 302 and the product’s FDA approval or clearance.
(3) Follow the manufacturer’s specified guidelines for the safe use of laser.
(4) Comply with all state and federal laws governing the use of lasers in clinical settings.
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(b) Nothing in this section shall be construed to authorize the use of a laser by a chiropractor
outside of the chiropractic scope of practice. This includes, but is not limited to, laser ablation or
surgical procedures, and laser treatment of allergies.
(c) Any violation of this section may constitute unprofessional conduct and the licensee shall be
subject to discipline by the Board.
§303. Filing of Addresses.
Each person holding a license to practice chiropractic in the State of California under any and
all laws administered by the board shall file his proper and current place of practice address of
his principal office and, where appropriate, each and every sub-office, with the board at its office
in Sacramento and shall immediately notify the board at its said office of any and all changes of
place of practice address, giving both his old and his new address within 30 days of change.
§304. Discipline by Another State.
The revocation, suspension, or other discipline by another state of a license or certificate to
practice chiropractic, or any other health care profession for which a license or certificate is
required, shall constitute grounds for disciplinary action against a chiropractic licensee or
grounds for the denial of chiropractic licensure of an applicant in this state.
§305. Procedure in Disciplinary Proceedings.
All proceedings relating to the refusal to grant, suspension or revocation of a license to
practice chiropractic, or for the reissuance or reinstatement of a license which has been
suspended or revoked, or for the disciplining of licensees in any manner, shall be conducted in
accordance with the provisions of Section 11500 et seq. of Chapter 5 of Part 1 of Division 3 of
Title 2 of the Government Code.
§306. Delegation of Certain Functions.
The power and discretion of the board to receive and file accusations; issue notices of hearing,
statements to respondent, statements of issues, subpoenas, and subpoenas duces tecum; receive
and file notices of defense; set and calendar cases for hearing; certify and deliver or mail copies
of decisions; and perform other functions necessary to expedite the business of the board in
connection with the conduct of the proceedings mentioned in Section 305 hereof in accordance
with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, are
hereby delegated to the Executive Officer.
§306.2. Persons Not Employees Hired Under Contract with the Board.
If a person, not a regular employee of the board, is hired or is under contract to provide
expertise or to perform investigations for the Board of Chiropractic Examiners in the evaluation
of the conduct of a licensee or administration of a board examination, and such person is named
as a defendant in a civil action directly resulting from opinions rendered, statements made,
investigations conducted or testimony given, the board shall provide for representation required
to defend the defendant in that civil action. The board shall not be liable for any judgment
rendered against that person. The Attorney General shall be utilized in those civil actions.
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§306.3. Investigators; Authority to Inspect Premises.
The board or its designee may inspect the physical premises of any chiropractic office during
regular business hours.
§307. Refund of Fees.
The board is not authorized or permitted by law to return any portion of the license application
fee of a qualified applicant.
§308. Display of License.
(a) Each person holding a license shall display a current active license in a conspicuous place
in the licensee’s principal office or primary place of practice.
(b) Any licensed Doctor of Chiropractic with more than one place of practice shall obtain
from the Board a Satellite Office Certificate for each additional place of practice. Said certificate
must be renewed annually.
(c) A licensed Doctor of Chiropractic must display in a conspicuous place a current active
Satellite Office Certificate at the office for which it was issued.
No licensed Doctor of Chiropractic shall display any chiropractic license, certificate or
registration, which is not currently active and valid.
Article 1.5. Sponsored Free Health Care Events
§309. Definitions.
For the purposes of section 901 of the Business and Professions Code:
(a) “Community-based organization” means a public or private nonprofit organization that is
representative of a community or a significant segment of a community, and is engaged in
meeting human, educational, environmental, or public safety community needs.
(b) “Out-of-state practitioner” means a person who is not licensed in California to engage in
the practice of chiropractic but who holds a current, active and valid license in good
standing in another state, district, or territory of the United States to practice chiropractic.
(c) The term “in good standing” means that a person:
(1) Is not currently the subject of any investigation by any governmental entity or has not
been charged with an offense for any act substantially related to the practice of
chiropractic by any public agency;
(2) Has not entered into any consent agreement or been subject to an administrative decision
that contains conditions placed by an agency upon the person's professional conduct
or practice of chiropractic, including any voluntary surrender of license; or,
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(3) Has not been the subject of an adverse judgment resulting from the practice of
chiropractic that the board determines constitutes evidence of a pattern of
incompetence or negligence.
§309.1 Sponsoring Entity Registration and Recordkeeping Requirements.
(a) Registration. A sponsoring entity that wishes to provide, or arrange for the provision of,
health care services at a sponsored event under section 901 of the Business and Professions Code
shall register with the board not later than 90 calendar days prior to the date on which the
sponsored event is scheduled to begin. A sponsoring entity shall register with the board, or its
delegatee, by submitting to the board a completed “Registration of Sponsoring Entity Under
Business & Professions Code Section 901”, Form 901-A (DCA/2014 - revised), which is hereby
incorporated by reference.
(b) Determination of Completeness of Form. The board may, by resolution, delegate to the
Department of Consumer Affairs the authority to receive and process “Registration of
Sponsoring Entity Under Business and Professions Code Section 901”, Form 901-A (DCA/2014
- revised) on behalf of the board. The board, or its delegatee, shall inform the sponsoring entity
within 15 calendar days of receipt of Form 901-A (DCA/2014 - revised) in writing that the form
is either complete and the sponsoring entity is registered or that the form is deficient and what
specific information or documentation is required to complete the form and be registered. The
board, or its delegatee, shall reject the registration if all of the identified deficiencies have not
been corrected at least 30 days prior to the commencement of the sponsored event.
(c) Recordkeeping Requirements. Regardless of where it is located, a sponsoring entity shall
maintain at a physical location in California a copy of all records required by Business and
Professions Code section 901 as well as a copy of the authorization for participation issued by
the board to an out-of-state practitioner. The sponsoring entity shall maintain these records for a
period of at least 5 years after the date on which a sponsored event ended. The records may be
maintained in either paper or electronic form. The sponsoring entity shall notify the board at the
time of registration as to the form in which it will maintain the records. In addition, the
sponsoring entity shall keep a copy of all records required by section 901(g) of the Business and
Professions Code at the physical location of the sponsored event until that event has ended.
These records shall be available for inspection and copying during the operating hours of the
sponsored event upon request of any representative of the board. In addition, the sponsoring
entity shall provide copies of any record required to be maintained by section 901 of the
Business and Professions Code to any representative of the board within 15 calendar days of the
request.
(d) Requirement for Prior Board Approval of Out-of-State Practitioner. A sponsoring entity
shall not permit an out-of-state practitioner to participate in a sponsored event unless and until
the sponsoring entity has received written approval of such practitioner from the board.
(e) Report. Within 15 calendar days after a sponsored event has concluded, the sponsoring
entity shall file a report with the board summarizing the details of the sponsored event. This
report may be in a form of the sponsoring entity's choosing, but shall include, at a minimum, the
following information:
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(1) The date(s) of the sponsored event;
(2) The location(s) of the sponsored event;
(3) The type(s) and general description of all health care services provided at the sponsored
event; and
(4) A list of each out-of-state practitioner granted authorization pursuant to this article who
participated in the sponsored event, along with the license number of that practitioner.
§ 309.2. Out-of-State Practitioner Authorization to Participate in Sponsored Event.
(a) Request for Authorization to Participate. An out-of-state practitioner (“applicant”) may
request authorization from the board to participate in a sponsored event and provide such health
care services at the sponsored event as would be permitted if the applicant were licensed by the
board to provide those services. Authorization shall be obtained for each sponsored event in
which the applicant seeks to participate.
(1) An applicant shall request authorization by submitting to the board a completed “Request
for Authorization to Practice Without a License at a Registered Free Health Care Event”, Form
901-B (BCE/2015), which is hereby incorporated by reference, accompanied by a non-
refundable processing fee of $59.00.
(2) The applicant shall also furnish either a full set of fingerprints or submit a Live Scan
inquiry to establish the identity of the applicant and to permit the board to conduct a criminal
history record check. The applicant shall pay any costs for furnishing the fingerprints and
conducting the criminal history record check. This requirement shall apply only to the first
application for authorization that is submitted to the board by the applicant.
(b) Response to Request for Authorization to Participate. Within 20 calendar days of
receiving a completed request for authorization, the board shall notify the sponsoring
entity and the applicant whether that request is approved or denied.
(c) Denial of Request for Authorization to Participate.
(1) The board shall deny a request for authorization to participate if:
(A) The submitted Form 901-B (BCE/2015) is incomplete and the applicant has not
responded within 7 calendar days to the board's request for additional information;
(B) The applicant does not possess a current, active and valid license in good standing;
(C) The applicant has failed to comply with a requirement of this article or has committed
any act that would constitute grounds for denial under section 480 of the Business
and Professions Code of an application for licensure by the board;
(D) The applicant has a current physical or mental impairment related to drugs or alcohol;
9
(E) The applicant has not graduated from a chiropractic college approved or recognized by
the board; or
(F) The board has been unable to obtain a timely report of the results of the criminal history
check.
(2) The board may deny a request for authorization to participate if:
(A) The request is received less than 20 calendar days before the date on which the sponsored
event will begin;
(B) The applicant has been previously denied a request for authorization by the board to
participate in a sponsored event; or
(C) The applicant has previously had an authorization to participate in a sponsored event
terminated by the board.
(d) Appeal of Denial. An applicant requesting authorization to participate in a sponsored
event may appeal the denial of such request by following the procedures set forth in
Business and Professions Code section 309.3(d).
§ 309.3. Termination of Authorization and Appeal.
(a) Grounds for Termination. The board may terminate an out-of-state practitioner's
authorization to participate in a sponsored event for any of the following reasons:
(1) The out-of-state practitioner has failed to comply with any applicable provision of this
article, or any applicable practice requirement or regulation of the board.
(2) The out-of-state practitioner has committed an act that would constitute grounds for
discipline if done by a licensee of the board.
(3) The board has received a credible complaint indicating that the out-of-state practitioner is
unfit to practice at the sponsored event or has otherwise endangered consumers of the
practitioner's services.
(b) Notice of Termination. The board shall provide both the sponsoring entity and the out-of-
state practitioner with a written notice of the termination, including the basis for the
termination. If the written notice is provided during a sponsored event, the board may
provide the notice to any representative of the sponsored event on the premises of the
event.
(c) Consequences of Termination. An out-of-state practitioner shall immediately cease his or
her participation in a sponsored event upon receipt of the written notice of termination.
Termination of authority to participate in a sponsored event shall be deemed a disciplinary
measure reportable to the national practitioner data banks. In addition, the board shall provide a
copy of the written notice of termination to the licensing authority of each jurisdiction in which
the out-of-state practitioner is licensed.
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(d) Appeal of Termination. An out-of-state practitioner may appeal the board's decision to
terminate an authorization in the manner provided by section 901(j)(2) of the Business and
Professions Code. The request for an appeal shall be considered a request for an informal hearing
under the Administrative Procedure Act (commencing with section 11445.10 of the Government
Code).
(e) Informal Conference Option. In addition to requesting a hearing, the out-of-state
practitioner may request an informal conference with the Executive Officer regarding the reasons
for the termination of authorization to participate. The Executive Officer shall, within 30 days
from receipt of the request, hold an informal conference with the out-of-state practitioner. At the
conclusion of the informal conference, the Executive Officer may affirm or dismiss the
termination of authorization to participate. The Executive Officer shall state in writing the
reasons for his or her action and mail a copy of his or her findings and decision to the out-of-
state practitioner within 10 (ten) days from the date of the informal conference. The out-of-state
practitioner does not waive his or her request for a hearing to contest a termination of
authorization by requesting an informal conference. If the termination is dismissed after the
informal conference, the request for a hearing shall be deemed to be withdrawn.
§ 309.4. Additional Practice Requirements for Out-of-State Practitioners Authorized to
Participate in Sponsored Free Health Care Events.
(a) Each out-of-state practitioner authorized to participate in a sponsored event and provide
chiropractic services at the sponsored event pursuant to Section 309.2 shall post a notice visible
to patients or prospective patients at every station that patients will be seen. This notice shall be
in at least 48 point Arial font and include the following information:
NOTICE
I hold a current valid license to practice chiropractic in a state other than California. I have been
authorized by the California Board of Chiropractic Examiners to provide chiropractic services in
California only at this specific health fair.
California Board of Chiropractic Examiners
(800) 735-2929
www.chiro.ca.gov
Article 2. Practice of Chiropractic
§310. Change of Name.
Any licensee who shall change his name according to the law, shall, within 10 days of such
change, reregister his name with the Executive Officer of the board by submitting to the board
office a written statement of the change and evidence of legal documentation.
§310.1. Replacement License.
Any licensee shall be entitled to a replacement license if his original license is lost, stolen or
mangled, or upon written request and legal documentation of name change. Each request for a
replacement license must be accompanied by a nonrefundable fee of $25.00, and signed written
11
statement as to the circumstances of loss of said license, or the return to the board office of the
mangled license.
§310.2. Use of Title by Unlicensed Persons.
No person shall engage in the practice of chiropractic, as defined in Section 302, without
holding a license which is in an active status, issued by the Board. Any person who advertises or
promotes, in any manner, the words “doctor” or “chiropractor”, the letters, prefixes or suffixes
“Dr.” or “D.C.”, or any other word, title or letters indicating or implying that he or she is
engaged in the practice of chiropractic, or who represents or holds himself or herself out as a
doctor of chiropractic without having, at the time of so doing, a valid, unrevoked, or
unsurrendered license, is in violation of the Chiropractic Initiative Act.
§311. Advertisements.
Constructive educational publicity is encouraged, but the use by any licensee of advertising
which contains misstatements, falsehoods, misrepresentations, distorted, sensational or fabulous
statements, or which is intended or has a tendency to deceive the public or impose upon
credulous or ignorant persons, constitutes grounds for the imposition of any of the following
disciplinary penalties:
(a) Suspension of said licensee's right to practice in this State for a period not exceeding one
(1) year.
(b) Placing said licensee upon probation.
(c) Taking such other action, excepting the revocation of said licensee's license, in relation to
disciplining said licensee as the board in its discretion may deem proper.
§311.1. Chiropractic Specialties.
For purposes of the Department of Industrial Relations’ Qualified Medical Evaluator Eligibility
regulations (Division of Workers’ Compensation, Title 8, California Code of Regulations,
Section 12), the board recognizes only those specialty boards that are recognized by the
American Chiropractic Association or the International Chiropractors Association.
§312. Illegal Practice.
Unlicensed individuals are not permitted to diagnose, analyze, or perform a chiropractic
adjustment. An “unlicensed individual” is defined as any person, including a student or graduate
of a chiropractic institution, who does not hold a valid California chiropractic license. An
exemption is hereby created for student doctors participating in board approved preceptorship
programs.
The permitted activities of unlicensed individuals are as follows:
(a) Unlicensed individuals may take the history of a patient. However, this activity is separate
from the consultation which at all times must be conducted by the licensed doctor.
(b) Unlicensed individuals may conduct standard neurological, orthopedic, physical and
chiropractic examinations, except they may not perform such examinations which require
12
diagnostic or analytic interpretations nor may they render a conclusion either verbally or in
writing regarding the patient's physical condition. As an example, unlicensed individuals may
not perform evaluations of heart or lung soundings. Such individuals shall be at all times under
the immediate and direct supervision of a licensed Doctor of Chiropractic.
“Immediate and direct supervision” means the licensed Doctor of Chiropractic shall be at all
times on the premises where the examinations are being conducted. The licensed Doctor of
Chiropractic shall be responsible for the verification of the recorded findings and will be solely
responsible for rendering a conclusion based on the findings.
(c) Unlicensed individuals may administer physical therapy treatments as an adjunct to
chiropractic adjustment, provided the physical therapy treatment is conducted under the adequate
supervision of a licensed Doctor of Chiropractic.
Adequate supervision shall include all of the following:
(1) The doctor shall be present in the same chiropractic facility with the unlicensed individual
at least fifty percent of any work week or portion thereof the said individual is on duty unless this
requirement has been waived by the board. The doctor shall be readily available to the said
individual at all other times for advice, assistance and instruction.
(2) The doctor shall initially examine and prepare a written treatment program for a patient
prior to the providing of physical therapy treatment by the unlicensed individual.
(3) The doctor shall provide periodic reevaluation of the treatment program and of the
individual's performance in relation to the patient. “Periodic reevaluation” shall mean at least
once every thirty days the patient is under active care.
(4) The doctor shall perform and record an evaluation of the patient and his or her response to
treatment at the termination thereof.
(d) Unlicensed individuals may mark X-ray films administered by a Doctor of Chiropractic.
“Marking X-rays” is defined as drawing and measuring between reference points and making
angular and linear measurements. Unlicensed individuals are not permitted to make any
diagnostic conclusions or chiropractic analytical listings, and the licensed doctor is responsible
for any pathological entities covered or obstructed by the markings.
(e) Unlicensed individuals may not administer X-rays unless they hold a valid X-ray
technician certificate from the Department of Health Services, or participate under the direct
supervision of a licensed Doctor of Chiropractic in a training program approved by that
department and set forth in Section 25668.1 of the California Health and Safety Code. This
prohibition, set forth in Section 30403 of Title 17 of the California Administrative Code includes
the following activities:
(1) Positioning of patient;
(2) Setting up of X-ray machines;
(3) Pushing a button;
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(4) Developing of films. The Department of Health Services has determined that unlicensed
individuals may develop X-ray film if that is their sole radiologic responsibility.
Unlicensed individuals who exceed the permitted scope of practice set forth in this regulation
shall be in violation of Section 15 of the Chiropractic Act and shall be prohibited from applying
for a California chiropractic license for such time as may be determined by the board. Student
doctors participating in board approved preceptorship programs are not to be considered
“unlicensed individuals” when working in said program.
§312.1. Ownership of a Chiropractic Practice.
No unlicensed individual may own a chiropractic practice regardless of the form in which the
practice is established (individual ownership, partnership, corporation, etc.). This does not
preclude a layperson from owning the facilities in which the practice is conducted, and the
equipment provided. It does prohibit a layperson from being in a position of making and/or
influencing decisions relating to diagnosis, or treatment of patients which are matters requiring
chiropractic licensure.
§312.2. Ownership of Practice upon the Death or Incapacity of a Licensee.
In the event of the death of a chiropractic licensee, or the legal declaration of the mental
incompetency of the licensee to practice, the unlicensed heirs or trustees of the chiropractor must
dispose of the practice within six (6) months. At all times during that period the practice must be
supervised by a licensed chiropractor. The board will consider a petition to extend this period if
it is submitted within four (4) months after the death or the declaration of incompetence of the
licensee, including identification of any extenuating circumstances that will prevent compliance.
§313. Inducing Student to Practice Chiropractic.
No licensee of chiropractic in the State of California shall offer or cause to be offered to a
student or prospective student of chiropractic any promise or inducement, either written or
verbal, which may induce said student or prospective student to believe he or she, during the
freshman, sophomore, junior or senior years, or within the time that he or she shall be a student
in, and/or before graduation from chiropractic school or college, and/or before receiving a
license from the board, may be legally employed in any chiropractic private office, or
chiropractic school or college, to practice chiropractic, with or without compensation, and no
student shall accept or rely upon any such promise or understanding except that junior or senior
students only may, for professional instruction, be assigned to regular clinic practice, during
regular clinic hours, in the clinic conducted upon the premises of a regularly incorporated
chiropractic school or college, and then only when said clinic is in charge of a duly licensed
chiropractor as clinic instructor. This section does not apply to students and doctors who
participate in preceptorship programs sponsored by chiropractic institutions holding status with
the Council on Chiropractic Education or seeking such status. Violation of this rule by any
student shall be deemed to be also a violation of Section 312 hereof.
§314. Law Violators.
It shall be the duty of every licensee to notify the Executive Officer or his or her designee of any
violation of the act, or of these rules and regulations, in order that the board may take appropriate
disciplinary action.
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§315. Mental Illness.
(a) Administrative Adjudication. The proceedings under this regulation shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the board shall have all the powers granted therein.
(b) Psychiatric Examinations. When reasonable cause exists that a person holding a license
under this Act is mentally ill to the extent that it may affect his ability to conduct with safety to
the public the practice authorized by such license, the board may order the license holder to be
examined by one or more physicians specializing in psychiatry designated by the board. The
report of such persons shall be made available to the license holder and may be received as direct
evidence in a proceeding conducted pursuant to subsection (c) of this regulation.
(c) Probation, Suspension, etc., in Event of Mental Illness; Reinstatement. If a license holder
has been found to be mentally ill by one or more physicians specializing in psychiatry designated
by the board, the results of which indicates that such illness does effect his ability to conduct,
with safety, the practice authorized by his license, the board may take action, in accordance with
subdivision (a) of this regulation, by any one of the following methods:
(1) Placing him on probation.
(2) Suspending his right to practice for a period not exceeding one year.
(3) Revoking his license.
(4) Taking such other action in relation to his license as the board in its discretion deems
proper.
The board shall not restore such license to good standing until it shall receive competent
evidence, from one or more physicians specializing in psychiatry, designated by the board, of the
absence or control of the condition which caused its action and until it is satisfied that with due
regard to the public interest the licensee's right to practice may be safely reinstated.
Before reinstating such a person, the board may require the person to pass an oral or written
examination, or both, to determine his present fitness to resume his practice.
(d) Conditions of Reinstatement. In setting aside action taken under subsection (c) of this
regulation, the board may impose terms and conditions to be followed by the license holder after
his license has been reinstated. The authority of the board to impose terms and conditions
includes, but is not limited to, the following:
(1) Requiring the license holder to obtain additional professional training and to pass an
examination upon the completion of the training. The examination may be written or oral, or
both, and may be a practical or clinical examination, or both, at the option of the board.
(2) Requiring the license holder to submit to a complete diagnostic examination by one or
more physicians appointed by the board. If the board requires the certificate holder to submit to
such an examination, the board shall receive and consider any other report of a complete
diagnostic examination given by one or more physicians of the license holder's choice.
(3) Setting any other requirement the board in its discretion deems proper.
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§316. Responsibility for Conduct on Premises.
(a) Every licensee is responsible for the conduct of employees or other persons subject to his
supervision in his place of practice, and shall insure that all such conduct in his place of practice
conforms to the law and to the regulations herein.
(b) Where a chiropractic license is used in connection with any premises, structure or facility,
no sexual acts or erotic behavior involving patients, patrons or customers, including, but not
necessarily limited to, sexual stimulation, masturbation or prostitution, shall be permitted on said
premises, structure or facility.
(c) The commission of any act of sexual abuse, sexual misconduct, or sexual relations by a
licensee with a patient, client, customer or employee is unprofessional conduct and cause for
disciplinary action. This conduct is substantially related to the qualifications, functions, or duties
of a chiropractic license.
This section shall not apply to sexual contact between a licensed chiropractor and his or her
spouse or person in an equivalent domestic relationship when that chiropractor provides
professional treatment.
§ 316.5 Substantial Relationship Criteria.
(a) For the purposes of the denial, suspension or revocation of a license pursuant to Section
141 of the Business and Professions Code, Division 1.5 (commencing with Section 475) of
the Business and Professions Code, or a violation of Section 10(b) of the Chiropractic
Initiative Act of California, a crime, professional misconduct, or act shall be considered
substantially related to the qualifications, functions or duties of a licensee, if, to a substantial
degree, it evidences present or potential unfitness of a person holding a license to perform the
functions authorized by the license in a manner consistent with the public health, safety or
welfare.
(b) In making the substantial relationship determination required under subdivision (a) for a
crime, the Board shall consider all of the following criteria:
(1) The nature and gravity of the offense.
(2) The number of years elapsed since the date of the offense.
(3) The nature and duties of a chiropractor.
(c) For purposes of subdivision (a), a substantially related crime, professional misconduct, or
act shall include, but is not limited to, the following:
(1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the
violation of, or conspiring to violate any provision or term of the Chiropractic Initiative
Act of California, these regulations and/or other state or federal laws governing the
practice of chiropractic.
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(2) Conviction of a crime or act of child abuse, as defined in Sections 270 through 273.75 of
the Penal Code, or dependent adult or elder abuse.
(3) A conviction requiring a person to register as a sex offender pursuant to Section 290 of the
Penal Code.
(4) Any crime, professional misconduct, or act involving the sale, gift, administration, or
furnishing of narcotics or dangerous drugs or dangerous devices, as defined in Section
4022 of the Business and Professions Code.
(5) Conviction for assault, battery or other violence including, but not limited to, those
violations listed in subdivision (d) of Section 11160 of the Penal Code.
(6) Conviction of a crime involving lewd conduct or sexual impropriety, as defined in Section
726 of the Business and Professions Code.
(7) Conviction of a crime or act involving fiscal dishonesty, theft, fraud or deceit.
(8) Conviction or act involving the use of drugs or alcohol to an extent or in a manner
dangerous to the individual or the public.
§317. Unprofessional Conduct.
The board shall take action against any holder of a license who is guilty of unprofessional
conduct which has been brought to its attention, or whose license has been procured by fraud
or misrepresentation or issued by mistake.
Unprofessional conduct includes, but is not limited to, the following:
(a) Gross negligence;
(b) Repeated negligent acts;
(c) Incompetence;
(d) The administration of treatment or the use of diagnostic procedures which are clearly
excessive as determined by the customary practice and standards of the local community of
licensees;
(e) Any conduct which has endangered or is likely to endanger the health, welfare, or safety of
the public;
(f) The administering to oneself, of any controlled substance, or the use of any dangerous drug
or of alcoholic beverages to the extent or in a manner as to be dangerous or injurious to oneself,
or to any other person or to the public, or to the extent that the use impairs the ability of the
person to conduct with safety to the public the practice authorized by the license;
(g) Conviction of a crime which is substantially related to the qualifications, functions or
duties of a chiropractor;
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(h) Conviction of any offense, whether felony or misdemeanor, involving moral turpitude,
dishonesty, physical violence or corruption. The board may inquire into the circumstances
surrounding the commission of the crime in order to fix the degree of discipline or to determine
if such conviction was of an offense involving moral turpitude, dishonesty, physical violence or
corruption.
A plea or verdict of guilty, or a plea of nolo contendere is deemed to be a conviction within the
meaning of the board's disciplinary provisions, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code. The board may order a license to be suspended
or revoked, or may decline to issue a license upon the entering of a conviction or judgement in a
criminal matter.
(i) The conviction of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any dangerous drug or alcoholic beverage, or any
combination of those substances.
(j) The violation of any of the provisions of law regulating the dispensing or administration of
narcotics, dangerous drugs, or controlled substances;
(k) The commission of any act involving moral turpitude, dishonesty, or corruption, whether
the act is committed in the course of the individual's activities as a license holder, or otherwise;
(l) Knowingly making or signing any certificate or other document relating to the practice of
chiropractic which falsely represents the existence or nonexistence of a state of facts;
(m) Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the
violation of, or conspiring to violate any provision or term of the Act or the regulations adopted
by the board thereunder;
(n) Making or giving any false statement or information in connection with the application for
issuance of a license;
(o) Impersonating an applicant or acting as a proxy for an applicant in any examination
required by the board for the issuance of a license or certificate;
(p) The use of advertising relating to chiropractic which violates section 17500 of the Business
and Professions Code;
(q) The participation in any act of fraud or misrepresentation;
(r) Except as may be required by law, the unauthorized disclosure of any information about a
patient revealed or discovered during the course of examination or treatment;
(s) The employment or use of persons known as cappers or steerers to obtain business;
(t) The offering, delivering, receiving or accepting of any rebate, refund, commission,
preference, patronage, dividend, discount or other consideration as compensation or inducement
for referring patients to any person;
(u) Participation in information or referral bureaus which do not comply with section 317.1 of
the regulations;
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____________________________________________________________________________
(v) Entering into an agreement to waive, abrogate, or rebate the deductible and/or co-payment
amounts of any insurance policy by forgiving any or all of any patient's obligation for payment
thereunder, when used as an advertising and/or marketing procedure, unless the insurer is
notified in writing of the fact of such waiver, abrogation, rebate, or forgiveness in each such
instance.
In all insurance billings where a waiver of a deductible or a co-payment is intended as an
advertising and/or marketing procedure, the chiropractor's statement and insurance billing shall
contain the following statement:
I/WE WAIVE CO-PAYMENT AND/OR DEDUCTIBLES. IT IS MY/OUR INTENTION TO
DO THE FOLLOWING: (Indicate one choice below)
( ) BILL THE PATIENT $__________AFTER RECEIPT FROM YOU OF $___________ .
( ) WAIVE ANY FURTHER PAYMENT FROM THE PATIENT AFTER RECEIPT
FROM YOU OF $__________ .
( ) IN CASES WHERE PREDETERMINATION OF INSURANCE BENEFITS IS NOT
POSSIBLE, I/WE PROVIDE THE FOLLOWING WRITTEN EXPLANATION OF MY/OUR
BILLING INTENTIONS: ______________________________________________________
(w) Not referring a patient to a physician and surgeon or other licensed health care provider
who can provide the appropriate management of a patient's physical or mental condition, disease
or injury within his or her scope of practice, if in the course of a diagnostic evaluation a
chiropractor detects an abnormality that indicates that the patient has a physical or mental
condition, disease, or injury that is not subject to appropriate management by chiropractic
methods and techniques. This subsection shall not apply where the patient states that he or she is
already under the care of such other physician and surgeon or other licensed health care provider
who is providing the appropriate management for that physical or mental condition, disease, or
injury within his or her scope of practice.
(x) The offer, advertisement, or substitution of a spinal manipulation for vaccination.
(y) [Reserved]
(z).[Reserved]
§317.1. Chiropractic Referral Services.
Chiropractic referral services shall conform to the following:
(1) A referral bureau shall be made up of at least five doctors, each of whom does not have
fiduciary relationship one to the other, with one participating office representing no more than 20
percent of the bureau's available practitioners. The board will consider any extenuating
circumstances which will prevent a service from complying with these requirements;
(2) An application shall be filed with the board office which has been approved by the board,
and properly identifies the service, structure and members;
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(a) A nonrefundable application fee of $25.00 shall be submitted with the referral service
application.
(3) A telephone number shall be for a separate answering service;
(4) The answering service of the bureau shall refer the caller to the next doctor on the list on a
rotating basis. The following are exceptions:
(a) A request for a specialist;
(b) Geographic considerations;
(c) Request for services in a language other than English.
(5) Records on each referral shall be kept and include the following:
(a) Date of referral;
(b) Name and address of patient;
(c) Name and address of doctor referred to.
(6) When a 24-hour emergency referral service is offered, a member of the group shall be
available.
§317.5. Investigation and Enforcement Costs; Payment by Licentiate.
(a) In any order in resolution of a disciplinary proceeding before the Board of Chiropractic
Examiners, the board may request the administrative law judge to direct a licentiate found to
have committed a volition or violations of the Chiropractic Initiative Act to pay a sum not to
exceed the reasonable costs of the investigation and enforcement of the case.
(b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are
not available, signed by the board bringing the proceeding or its designated representative shall
be prima facie evidence of reasonable costs of investigation and prosecution of the case. The
costs shall include the amount of investigative and enforcement costs up to the date of the
hearing, including, but not limited to, charges imposed by the Attorney General.
(c) The administrative law judge shall make a proposed finding of the amount of reasonable
costs of investigation and prosecution of the case when requested pursuant to subdivision (a).
The board may reduce or eliminate the cost award, or remand to the administrative law judge
where the proposed decision fails to make a finding on costs requested pursuant to subdivision
(a).
(d) Where an order for recovery of costs is made and timely payment is not made as directed
in the board's decision, the board may enforce the order for repayment in any appropriate court.
This right of enforcement shall be in addition to any other rights the board may have as to any
licentiate to pay costs.
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(e) In any action for recovery of costs, proof of the board's decision shall be conclusive proof
of the validity of the order of payment and the terms for payment.
(f)(1) Except as provided in paragraph (2), the board shall not renew or reinstate any license of
any licentiate who has failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or
reinstate for a maximum of one year the license of any licentiate who demonstrates financial
hardship and who enters into a formal agreement with the board to reimburse the board within
that one-year period for the unpaid costs.
(g) All costs recovered under this section shall be considered a reimbursement for costs
incurred and shall be deposited in the fund of the board recovering the costs.
(h) Nothing in this section shall preclude the board from including the recovery of the costs of
investigation and enforcement of a case in any stipulated settlement.
§318. Chiropractic Patient Records/Accountable Billings.
(a) Chiropractic Patient Records. Each licensed chiropractor is required to maintain all active and
inactive chiropractic patient records for five years from the date of the doctor's last treatment of
the patient unless state or federal laws require a longer period of retention. Active chiropractic
records are all chiropractic records of patients treated within the last 12 months. Chiropractic
patient records shall be classified as inactive when there has elapsed a period of more than 12
months since the date of the last patient treatment.
All chiropractic patient records shall be available to any representative of the Board upon
presentation of patient's written consent or a valid legal order. Active chiropractic patient records
shall be immediately available to any representative of the Board at the chiropractic office where
the patient has been or is being treated. Inactive chiropractic patient records shall be available
upon ten days notice to any representative of the Board. The location of said inactive records
shall be reported immediately upon request.
Active and inactive chiropractic patient records must include all of the following:
(1) Patient's full name, date of birth, and social security number (if available);
(2) Patient gender, height and weight. An estimated height and weight is acceptable where the
physical condition of the patient prevents actual measurement;
(3) Patient history, complaint, diagnosis/analysis, and treatment must be signed by the primary
treating doctor. Thereafter, any treatment rendered by any other doctor must be signed or
initialed by said doctor;
(4) Signature of patient;
(5) Date of each and every patient visit;
(6) All chiropractic X-rays, or evidence of the transfer of said X-rays;
(7) Signed written informed consent as specified in Section 319.1.
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(b) Accountable Billings. Each licensed chiropractor is required to ensure accurate billing of
his or her chiropractic services whether or not such chiropractor is an employee of any business
entity, whether corporate or individual, and whether or not billing for such services is
accomplished by an individual or business entity other than the licensee. In the event an error
occurs which results in an overbilling, the licensee must promptly make reimbursement of the
overbilling whether or not the licensee is in any way compensated for such reimbursement by his
employer, agent or any other individual or business entity responsible for such error. Failure by
the licensee, within 30 days after discovery or notification of an error which resulted in an
overbilling, to make full reimbursement constitutes unprofessional conduct.
§318.1. Standard of Care Regarding Manipulation Under Anesthesia (MUA).
(a) Manipulation Under Anesthesia (MUA) may only be performed in either:
(1) A hospital that is licensed by the California Department of Public Health Licensing and
Certification Program; or
(2) An ambulatory surgery center that is licensed by the California Department of Public Health
Licensing and Certification Program and that is either:
(A) Operating pursuant to section 1248.1 of the Health and Safety Code or
(B) Accredited by an agency approved by the Medical Board of California pursuant to Chapter
1.3 of Division 2 of the Health and Safety Code (commencing with section 1248).
(b) Notwithstanding subsection (a), above, MUA shall not be performed in a mobile van as
defined in subdivision (h) of section 1248.1 of the Health and Safety Code.
(c) MUA may only be performed if the patient is administered anesthesia by a California
licensed physician and surgeon or other health care provider authorized under California law to
administer anesthesia.
(d) MUA may only be performed following an appropriate prior examination of the patient by a
California licensed physician and surgeon.
(e) The chiropractor may not direct, instruct, interfere, or make any orders to the physician and
surgeon or other health care provider who is administering and maintaining the anesthesia.
(f) MUA shall be performed by two licensed and competent chiropractors. The “primary
chiropractor” shall formulate the chiropractic portion of the MUA treatment plan and shall be
responsible for performing the chiropractic manipulation for that procedure. The “second
chiropractor” shall insure that all movements are accomplished with patient care and safety as his
or her primary focus and shall assist the “primary chiropractor” when necessary. The chiropractic
portion of MUA is limited to techniques within the scope of practice of a chiropractor.
(g) For the purpose of this section, the primary chiropractor and the second chiropractor may not
be involved in nor interfere with the physician and surgeon or other health care provider in the
discharge of the patient following the MUA procedure.
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(h) Failure by a chiropractor to follow the standard of care contained in this section when
performing MUA shall constitute unprofessional conduct.
(i) “Manipulation Under Anesthesia” or “MUA” means the manipulation by a licensed
chiropractor of a patient who is sedated by the administration of anesthesia by a physician and
surgeon or other health care provider who is legally authorized to administer anesthesia.
§319. Free or Discount Services.
Licensees may advertise that they will perform certain designated routine professional services
free or at a discount if such advertising claims are truthful. However, no charge shall be made for
any other professional services rendered or commodities provided to a patient during any office
visit in which free or discounted services are offered or provided unless, prior to the accrual of
any charges, the patient shall have been informed of the cost of such additional services and/or
commodities and shall have agreed to pay for them.
For the purposes of this section, no separate charge shall be made for the professional
evaluation of diagnostic tests or procedures which are provided free or without cost, or at a
discount, whether such professional evaluation is made at the time of the initial office visit or at
any later time.
§319.1. Informed Consent.
(a) A licensed doctor of chiropractic shall verbally and in writing inform each patient of the
material risks of proposed care. “Material” shall be defined as a procedure inherently involving
known risk of serious bodily harm. The chiropractor shall obtain the patient's written informed
consent prior to initiating clinical care. The signed written consent shall become part of the
patient's record.
(b) A violation of this section constitutes unprofessional conduct and may subject the licensee to
disciplinary action.
Article 3. Application for License to Practice Chiropractic
§320. Temporary Permits or Licenses.
The California law does not provide for the granting of temporary permits or licenses.
§321. Application for License.
An Application for a License to Practice Chiropractic shall be submitted on an application form
entitled “Application for License to Practice Chiropractic” (No. 09A-1 (Rev. 11/20)), which is
hereby incorporated by reference, accompanied by such evidence, statements, or documents as
are therein required, and filed with the board at its office in Sacramento, with the required
nonrefundable application fee of three hundred seventy-one dollars ($371.00). The application
shall also include verifications showing satisfactory completion of 60 prechiropractic college
credits and the minimum educational requirements for licensure from the chiropractic college
attended by the applicant on forms entitled “Verification of Prechiropractic Hours” (No. 09B-3
(New 07/14)) and “Chiropractic College Certificate” (No. 09B-2 (New 07/14)), which are hereby
incorporated by reference.
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§ 321.1. Fingerprint Submission.
(a) Applicants for licensure and petitioners for reinstatement of a revoked or cancelled license
shall successfully complete a state and federal level criminal offender record information search
conducted through the Department of Justice as provided in subdivision (b).
(b) Applicants and petitioners shall submit to the Department of Justice electronic fingerprint
images and related information required by the Department of Justice for the purpose of
obtaining information as to the existence and content of a state or federal criminal record. The
Department of Justice shall forward the fingerprint images and related information received to
the Federal Bureau of Investigation and request federal criminal history information. The
Department of Justice shall compile and disseminate state and federal responses to the board
pursuant to subdivision (p) of Section 11105 of the Penal Code. The board shall request from the
Department of Justice subsequent arrest notification service, pursuant to Section 11105.2 of the
Penal Code, for each person who submitted information pursuant to this subdivision. The
applicant or petitioner shall bear the cost of the fingerprinting.
(c) Licensees who have either not previously submitted fingerprints to the board, or who were
initially licensed prior to January 1, 1997, or for whom a record of an electronic submission of
fingerprints no longer exists, or who are directed by the board shall successfully complete a state
and federal level criminal offender record information search conducted through the Department
of Justice as provided in subdivision (b) by the licensee's renewal date that occurs on or after
June 1, 2011. A licensee's failure to comply with this requirement by the date designated by the
board is unprofessional conduct and may result in the board taking disciplinary action against his
or her license.
(d)(1) In order to renew a license, licensees subject to subdivision (c) shall, in addition to
meeting any other requirements for renewal of a license, certify on the renewal application that
the licensee has successfully completed a state and federal level criminal offender record
information search pursuant to subdivision (c).
(2) Licensees shall retain, for at least three years, either a receipt showing that he or she has
electronically transmitted his or her fingerprint images to the Department of Justice or, for those
licensees who did not use an electronic fingerprinting system, a receipt evidencing that the
licensee's fingerprints were taken.
(e) The board may waive the requirements of subdivision (c) and (d) for licensees who are
actively serving in the United States Military.
§322. Age of Applicant.
No applicant under the age of twenty-one (21) years of age shall be admitted to examination
before the board for licensure to practice chiropractic in California.
§323. Reciprocity. Interpretation of Section 9 of the Act.
The board makes the following interpretation of Section 9 of the Act which states candidates
for licensure are considered to have fulfilled the requirement of reciprocity if they provide the
documentation required by the board showing the following:
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(a) Graduation from a board approved chiropractic college, and completion of the minimum
number of hours and subjects as were required by California law at the time the applicant's
license was issued.
(b) Equivalent successful examination in each of the subjects examined in California in the
same year as the applicant was issued a license in the state from which he is applying.
(c) They must hold a valid and up-to-date license from the state from which they are
reciprocating.
(d) The state from which they are licensed will reciprocate with California.
(e) The board reserves the right to require any additional education or examination for
reciprocity.
(f) A nonrefundable application fee of $25.00.
(g) A fee, as set forth in Section 5 of the Act, if licensure is granted.
(h) Five (5) years of chiropractic practice.
§325. Denial of License Application; Issuance of Probationary License.
The board may refuse a license to any applicant for any of the grounds enumerated in Business
and Professions Code Section 480. The board may, in its sole discretion, issue a probationary
license to any such applicant who has met all other requirements for licensure. The board may
issue the license subject to any terms or conditions not contrary to public policy, including, but
not limited to, the following:
(a) Medical, psychiatric, or psychological evaluation.
(b) Continuing medical, psychiatric, or psychological treatment.
(c) Restriction of practice.
(d) Continuing participation in a board-approved rehabilitation program.
(e) Abstention from the use of alcohol or drugs.
(f) Random blood and or urine testing for alcohol or drugs.
(g) Compliance with all laws and regulations.
§325.1. License Reapplication.
A person whose application for licensure was denied upon any of the grounds specified in
Section 10(b) of the Act or Business and Professions Code section 480 may reapply after a
period of not less than two years has elapsed from the date of the denial letter.
A person whose application for licensure was denied and proceeded in accordance with the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
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the Government Code may reapply for licensure two years form the effective date of the
decision.
§326. Rehabilitation Criteria for Denials, Reinstatements, and Reissuance of a License.
(a) When considering the denial of a license under Section 480 of the Business and
Professions Code or granting a petition for reinstatement under Section 1003 of the
Business and Professions Code or restoration of a license pursuant to subdivision (c) of
Section 10 of the Chiropractic Initiative Act of California, on the ground that the applicant
or petitioner has been convicted of a crime, the Board shall consider whether the applicant
or petitioner made a showing of rehabilitation if the applicant or petitioner completed the
criminal sentence at issue without a violation of parole or probation. In making this
determination, the Board shall consider the following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was shortened or
lengthened, and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on
the applicant’s or petitioner’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and
the reason(s) for modification.
(b) If the applicant or petitioner has not completed the criminal sentence at issue without
a violation of parole or probation, or the Board determines that the applicant or
petitioner did not make the showing of rehabilitation based on the criteria in
subdivision (a), or the denial is based on professional misconduct, or the denial is
based on one or more of the grounds specified in Section 10(b) of the Chiropractic
Initiative Act of California, the Board shall apply the following criteria in evaluating
an applicant’s or petitioner’s rehabilitation:
(1) The nature and gravity of the act(s), professional misconduct, or crime(s) under
consideration as grounds for denial.
(2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to
the act(s), professional misconduct, or crime(s) under consideration as grounds for
denial.
(3) The time that has elapsed since commission of the act(s), professional misconduct, or
crime(s) referred to in subparagraphs (1) or (2).
(4) Whether the applicant or petitioner has complied with any terms of parole, probation,
restitution, or any other sanctions lawfully imposed against the applicant.
(5) The criteria in subdivision (a)(1) through (5), as applicable.
(6) Evidence, if any, of rehabilitation submitted by the applicant or petitioner.
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§ 327 Rehabilitation Criteria for Suspensions or Revocations.
(a) When considering the suspension or revocation of a license under Section 490 of the
Business and Professions Code on the ground that the person holding the license has been
convicted of a crime, the Board shall consider whether the licensee has made a showing of
rehabilitation if the licensee completed the criminal sentence at issue without a violation of
parole or probation. In making this determination, the Board shall consider the following
criteria:
(1) Nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was shortened or lengthened,
and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on the
licensee’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the
reason(s) for modification.
(b) If the licensee has not completed the criminal sentence without a violation of parole or
probation, or the Board determines that the licensee did not make a showing of
rehabilitation based on the criteria in subdivision (a), or the suspension or revocation is
based upon a disciplinary action as described in Section 141 of the Business and
Professions Code, or the suspension or revocation is based upon one or more of the
grounds specified in Section 10(b) of the Chiropractic Initiative Act of California, the
Board shall apply the following criteria in evaluating the licensee’s rehabilitation:
(1) Nature and gravity of the act(s), disciplinary action(s), or crime(s).
(2) Total criminal record.
(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or
crime(s).
(4) Whether the licensee has complied with any terms of parole, probation, restitution or any
other sanctions lawfully imposed against the licensee.
(5) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal
Code.
(6) The criteria in subdivision (a)(1) through (5), as applicable.
(7) Evidence, if any, of rehabilitation submitted by the licensee.
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Article 4. Approved Schools and Qualifications of Applicants
§330. Application for Approval.
An application for approval on a form provided by the Board, shall be filed with the Board at
its principal office in Sacramento and addressed to the Secretary of the State Board of
Chiropractic Examiners. Such application shall be on file at least six months prior to any
inspection.
§331.1. Approval and Eligibility.
(a) A school which initially meets the requirements of these rules shall be first provisionally
approved. No school will be finally approved until a provisional program has been in operation
for at least two years.
(b) No school shall be provisionally approved until it shall present competent evidence of its
organizational and financial ability to attain the minimum educational requirements set forth by
these rules and institutional goals set forth in its application.
(c) No school shall be provisionally approved unless there is a reasonable need for such school
in the geographical area in which it is proposed to locate.
(d) No school shall be provisionally approved until competent evidence of compliance with
the requirements of Section 29023(a)(2) of the Education Code is filed with the Board.
§331.2. Inspection and Survey.
(a) No school shall be approved, provisionally or finally, until it has been inspected by the
Board or its duly authorized representative, including but not limited to the Council on
Chiropractic Education, and is found to be in compliance with the rules herein set forth.
(b) Each school shall permit to the Board or its authorized representatives unhampered
opportunity to inspect the school's facilities, interview its entire faculty and management,
examine student, teaching, grading, performance and graduation records, and inspect and audit,
for cause, at the school's expense, the financial and corporate records.
§331.3. Supervision.
(a) Every approved school shall be under the supervision of a full-time president, dean, or
other executive officer who shall carry out the objective and program of the school. Said officer
shall have a minimum of two years experience in school administration prior to his appointment,
or its equivalent in training.
(b) The president, dean, or other executive officer shall render a report annually, covering
topics such as student enrollment, number and changes in faculty and administration, changes in
the curriculum, courses given, and the projections for future policy. Said annual report shall be
filed with the Board within one month following the end of the academic year.
(c) It shall be the duty of the president, dean, or other executive officer to obtain from each
faculty member, prior to the beginning of the semester or school year, an outline and time
schedule for each subject of the course. He shall approve such outlines and determine from time
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to time if they are being observed. A copy of this outline and a schedule of classes, showing the
day and hour of presentation and the instructor shall be filed with the Board within three (3)
weeks after the beginning of the term.
(d) The dean shall maintain a record of the teaching load of each member of the staff in terms
of classes taught, supervision, student counseling, committee work, and other assigned activities.
(e) A permanent file of all class schedules, beginning with those as of the date of the school's
approval shall be maintained by the dean. These shall be available for inspection and comparison
with the courses described in the relative catalogs.
(f) Schedules must be kept up to date and posted on a bulletin board available for student
inspection.
§331.4. Financial Management.
The college shall keep accurate financial records and shall file an annual financial report
including a profit and loss statement as well as an asset and liability statement prepared and
signed by a qualified accountant. Said financial report shall be filed with the Board within three
(3) months following the end of the school's fiscal year.
§331.5. Records.
There shall be maintained a good system of records, showing conveniently and in detail, the
attendance, discipline, grades and accounts of the students, by means of which an exact
knowledge can be obtained regarding each students work. A personal file must be maintained for
each student containing his admission credentials, photographs and other identifying personal
items. Fireproof storage must be provided for the safekeeping of records.
§331.6. Catalog.
The school shall issue, at least biennially, a catalog setting forth the character of the work
which it offers, and said catalog shall be filed with the Board. The content and format shall
follow the usual pattern of professional school catalogs, and shall contain the following
information:
(a) A list of its trustees, president, dean and other administrative officers and members of the
faculty with their respective qualifications;
(b) Courses set forth by department, showing for each subject its content, value in term,
semester hours, or credit hours;
(c) Entrance requirements, conditions for academic standing and discipline, such as
attendance, examinations, grades, promotion and graduation;
(d) Matriculation, tuition, laboratory, graduation and special fees, and estimated costs of
books, instruments, dormitory and board; and
(e) Descriptions of the library, audio-visual facilities, laboratories and clinic facilities setting
forth at least the minimum requirement hereinafter set forth in rules.
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(f) No school will be accepted or retained in good standing which publishes in its catalog or
otherwise, any misrepresentation regarding its curriculum, faculty or facilities for instruction.
§331.7. Calendar.
Each school may elect to use the semester, trimester or four-quarter term system.
A school calendar shall designate the beginning and ending dates of terms or semesters, the
vacation periods and legal holidays observed, and the dates for semester and final examinations.
The recitation or lecture period shall be not less than 50 minutes in length. The school may
operate on a five or six-day week or any combination thereof, but the total number of hours of
instruction shall be not less than 30 hours nor more than 35 hours per week. The total number of
hours provided for each complete student's course, leading to the degree of Doctor of
Chiropractic, shall be not less than 4,400 hours distributed over four academic years of nine
months each.
§331.8. Faculty.
All faculty members shall meet the standards of the Council on Chiropractic Education.
§331.9. Student Faculty Ratio.
(a) The full-time equivalent student-faculty ratio shall be at least one full-time professor to
every fifteen (15) students enrolled in the school.
(b) A full-time professor is one who devotes a minimum of 38 hours per week to his academic
duties.
(c) The maximum enrollment for any class in laboratory or clinical work shall be limited to the
number which may, by Board standards, sufficiently be trained with the equipment and facilities
available in such laboratory clinic.
(d) All classes and laboratory sessions, including clinics, shall be conducted under the
presence and supervision of a full-time professor.
(e) There shall be one instructor for each twenty-five (25) students in the laboratory and/or
clinic courses.
§331.10. Faculty Organization.
(a) A faculty shall be organized by departments. Regularly scheduled meetings of the full
faculty shall be had to provide a free exchange of ideas concerning:
(1) The content and scope of the curriculum;
(2) The teaching methods and facilities;
(3) Student discipline, welfare and awards;
(4) Faculty discipline and welfare;
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(5) Committee reports and recommendations;
(6) Recommendations for the promotion and graduation of students;
(7) Administration and educational policies; and
(8) Recommendations to the administrative officers and to the trustees.
(b) The dean shall appoint the following standing committees of which he shall be a member
ex officio: admissions and credentials, curriculum, clinic, laboratories, library and examinations,
grades and records.
§331.11. Scholastic Regulations.
(a) Admission.
(1) Each school shall have a committee on admissions and credentials. The admission of
students shall be in the hands of a responsible officer who is a member of the committee and his
decision shall be subject to the approval of the committee.
(2) No applicant shall be admitted to any school until he has been personally interviewed for
the purpose of determining his character, scholastic aptitude, mental and physical fitness to study
and practice. When a great geographic distance precludes personal interview, the same
information, supported by affidavits and photographs, may be substituted for the personal
interview.
(3) Documentary evidence of preliminary education must be obtained and kept on file. All
transcripts of other schools must be obtained directly from such schools.
(4) It is strongly recommended by the Board that an entrance examination compiled and
administered by recognized testing agencies (e.g., A.C.T., S.A.T.) be required of all students
prior to matriculation in order to prove their ability to do college level work.
(b) Date of Matriculation. No student shall be matriculated at a later date than one week
immediately following the advertised date of the commencement of the school term.
(c) Qualifications of Students. No student shall be matriculated in an approved school unless
he is of good moral character and is without major physical deficiencies, except as provided in
Section 8.1 of the Act.
(d) Professional Education. Students shall not be matriculated in any school approved by the
board unless they possess, and submit to the school upon their application for matriculation,
either:
(1) A diploma from a standard high school or other institution of standard secondary school
grade evidencing completion by the student of a four (4) year course, or
(2) A certificate from the board stating that the student has submitted proof, satisfactory to the
board, of education equivalent in training power to a high school course. The certificate shall
bear a date prior to the applicant's matriculation date in any school approved by the board.
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(3) A student who seeks admission in any school approved by the Board after November 3,
1976, shall be subject to the following: The candidate must have completed, with a satisfactory
scholastic record, at least 60 semester hours or an equivalent number of quarter hours in
prechiropractic subjects at a college listed in the U.S. Office of Education “Education Directory--
Higher Education.” The specific prechiropractic subjects and hour requirements shall be in
accordance with the standards adopted by the Council on Chiropractic Education.
(e) Advanced Standing.
(1) Applicants for admission to advanced standing shall be required to furnish evidence to the
school:
(A) That they can meet the same entrance requirements as candidates for the first year class;
(B) That courses equivalent in content and quality to those given in the admitting school in the
year or years preceding that to which admission is desired have been satisfactorily completed;
(C) That the work was done in a chiropractic college acceptable to the committee on
admissions of the college; and
(D) That the candidate has a letter of recommendation from the dean of the school from which
transfer is made.
(2) Credits for work done in colleges of liberal arts and sciences will be allowed based on the
regulations of the Council on Chiropractic Education.
(3) Credits for basic science subjects on the professional level shall be in accordance with the
provisions of the regulations of the Council on Chiropractic Education.
(4) A student desiring to re-enter the college after a lapse in attendance of one or more years
shall fulfill the entrance requirements applying to the class which he seeks to enter. Students
whose education was interrupted by service in the armed forces are exempt from this
requirement.
(5) For all such students admitted to advance standing there will be, therefore, on file with the
registrar the same documents as required for admission to the first-year class and in addition a
certified transcript of work completed, together with a letter of honorary dismissal from the
college from which transfer was made.
(6) No candidate for a degree shall be accepted for less than one full academic year of resident
study.
(f) Attendance. In order to obtain credit for a course, a student shall have been present in class
at least 90 percent of the time and shall have received a passing letter grade. When the absence
exceeds 10 percent, the student shall be automatically dropped from the class.
If the absences have been due to illness or other excusable reasons and if evidence of these
reasons can be submitted, the student may apply for readmission through the dean's office and
may be given credit for attendance upon the recommendation of his instructor and completion of
course requirements.
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Students shall be required to spend the last academic year of the course in residence in the
college which confers the degree.
(g) Promotion.
(1) Promotion from one school term to another should be by recommendation of the
instructors and consent of the committee on credentials or other similar committee. The decision
should be based upon careful evaluation of the student's attendance, application, conduct and
grades in quizzes and examinations. In other words, the final standing of the student in each
subject shall be based upon the composite judgment of the responsible instructors in that
department, and not solely upon the result of written examinations.
(2) A student failing in any subject in a school term should be required to repeat the subject.
(h) Requirements for Graduation. The requirements for admission to the school shall have
been fulfilled and the candidate, in addition to scholastic qualitative requirements, shall have
completed a minimum quantitative requirement of 4,400 hours of instruction in four academic
years of nine months each. The last year shall have been spent in the school granting the degree.
The candidate shall have complied with all the regulations of the school and be recommended for
the degree by the faculty.
(i) Special (Graduate of An Approved Chiropractic School) or Unclassified Subject. Persons
so registered may not be a candidate for a degree. If they desire to become candidates, they shall
satisfy the usual requirements for admission as well as the degree requirement. No work done
under this classification will be accepted for credit beyond 90 days from the date of
matriculation. Holders of a valid chiropractic degree are exempt from this requirement.
(j) Degree. The degree conferred for completion of professional undergraduate work shall be
Doctor of Chiropractic (D.C.).
§331.12.1. Curriculum.
All applicants for the Board Examination who matriculated into a chiropractic college prior to
the passage of Proposition 15 (November 3, 1976) shall fulfill the requirements of this section.
(a) Course of Study. The school shall have established curriculum which indicates
objectives, content and methods of instruction for each subject offered.
(b) Required Hours and Subjects. The school shall offer, and shall require for graduation, a
course of not less than 4,000 academic hours extended over a period of four school terms of not
less than nine months each. Such course shall include the minimum educational requirements set
forth in Section 5 of the Act. The minimum number of hours required in the basic subjects shall
be as follows:
Anatomy including embryology (minimum of 480 hours), histology
(minimum of 160 hours), and dissection (minimum of 160 hours) 800 hours
Physiology 320 hours
Biochemistry, inorganic and organic chemistry 320 hours
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Pathology (minimum of 280 hours), bacteriology (minimum of 160 hours),
and toxicology (minimum of 40 hours) 480 hours
Public health, hygiene and sanitation, and first aid 120 hours
Diagnosis (minimum of 480 hours), pediatrics (minimum of 40 hours),
psychiatry (minimum of 40 hours), dermatology, syphilology and
serology (minimum of 40 hours), and X-ray (minimum of 120 hours) 720 hours
Obstetrics and gynecology 120 hours
Principles and practice of chiropractic (minimum of 960 hours),
physiotherapy (minimum of 120 hours), and dietetics (minimum of 40 hours) 1,120 hours
(c) Subject Presentation. Laboratory teaching with actual student participation must be
included in anatomy, dissection, histology, chemistry, physiology, bacteriology, pathology.
The classes shall be presented in a proper sequence so that the normal shall be presented first
before the abnormal is to be considered (i.e., the student must learn anatomy, chemistry and
physiology before he is taught pathology and diagnosis). The subject presentation should be of a
nature and depth comparable to that found at State colleges in equivalent courses.
ANATOMY: Includes gross anatomy, dissection, embryology, and histology with particular
emphasis on neurology.
PHYSIOLOGY: To include the physiology of blood and lymph, circulation, respiration,
excretion, digestion, metabolism, endocrines, special senses and nervous system.
CHEMISTRY: To include inorganic and organic chemistry, physical chemistry, the chemistry
of foods, digestion and metabolism.
PATHOLOGY AND BACTERIOLOGY: Pathology to include general and special pathology.
Bacteriology to include parasitology and serology.
PUBLIC HEALTH AND HYGIENE AND SANITATION: To include sanitary and hygienic
procedures, First Aid, prevention of disease and Public Health Department regulations.
DIAGNOSIS: To include physical, clinical, laboratory and differential diagnosis; pediatrics,
geriatrics, dermatology, syphilology, psychology, psychiatry and roentgenology (technique and
interpretation).
OBSTETRICS AND GYNECOLOGY: To include the standard routine diagnostic procedures,
and clinical and laboratory examinations.
PRINCIPLES AND PRACTICE OF CHIROPRACTIC, DIETETICS, PHYSIOTHERAPY,
AND OFFICE PROCEDURE: To include history and principles of chiropractic, spinal analysis,
adjustive techniques and orthopedics.
NUTRITION: To include dietetics and clinical nutrition, including primary and secondary
nutritional deficiencies.
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PHYSIOTHERAPY: To include the theory, principles and use of the standard recognized
physiotherapy equipment and procedures.
OFFICE PROCEDURE: To include private office and case management, the writing and
completion of reports and forms for insurance claims, and the provisions, rules and regulations of
the Chiropractic Act.
(d) Additional Hours and Subjects. The school, if it desires, may offer and may require for
graduation, course of more than 4,000 hours. Such additional hours may be in elective subjects.
(e) Clinics. Each student shall be provided with actual clinical experience in the examining,
diagnosing, and treatment of patients. Said clinical experience shall include spinal analysis,
palpation, chiropractic philosophy, symptomatology, laboratory diagnosis, physical diagnosis, X-
ray interpretation, postural analysis, diagnostic impressions, and adjusting of various
articulations of the body, psychological counseling, dietetics and physical therapy. Individual
case files on each patient together with a record of dates and treatments given and student
treating shall be kept and available to the board for inspection.
§331.12.2. Curriculum.
All applicants for licensure shall be required to comply with this section in order to qualify for
a California chiropractic license.
(a) Course of Study: Every school shall have a curriculum which indicates objectives, content
and methods of instruction for each subject offered.
(b) Required Hours and Subjects: Each applicant shall offer proof of completion of a course of
instruction in a Board-approved chiropractic college of not less than 4,400 hours which includes
minimum educational requirements set forth in Section 5 of the Act. The course of instruction
completed by the applicant shall consist of no less than the following minimum hours, except as
otherwise provided:
Group I Anatomy, including embryology, histology and human dissection 616 hours
Group II Physiology (must include laboratory work) 264 hours
Group III Biochemistry, clinical nutrition, and dietetics 264 hours
Group IV Pathology, bacteriology, and toxicology 440 hours
Group V Public health, hygiene and sanitation, and emergency care 132 hours
Group VI Diagnosis, including E.E.N.T. and serology, dermatology and sexually
transmitted diseases, geriatrics, X-ray interpretation, and neurology 792 hours
Group VII Obstetrics, gynecology, and pediatrics 132 hours
Group VIII Principles and practice of chiropractic to include chiropractic
technique, chiropractic philosophy, orthopedics, X-ray technique,
and radiation protection 430 hours
Clinic, including office procedure 518 hours
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Physiotherapy 120 hours
Psychiatry 32 hours
Electives 660 hours
Total 4,400 hours
(c) Subject Presentation: Laboratory teaching with actual student participation shall be
included in human dissection, histology, chemistry, physiology, bacteriology, pathology, X-ray
and physiotherapy. Each school shall have and use at least one phantom or equivalent equipment
for X-ray class and other courses as may be necessary for adequate teaching.
Classes shall be presented in proper academic sequence. Each student shall be taught micro
and gross anatomy, human dissection, and physiology before pathology; biochemistry before or
concurrent with physiology; and diagnosis before or concurrent with the study of pathology.
Clinic hours shall be taken only after a student completes all hours in or concurrently with
diagnosis.
(1) ANATOMY: To include gross anatomy, human dissection, embryology and histology.
(2) PHYSIOLOGY: To include the physiology of blood and lymph, circulation, respiration,
excretion, digestion, metabolism, endocrines, special senses and nervous system.
(3) BIOCHEMISTRY AND NUTRITION: Biochemistry to include the chemistry of foods,
digestion, and metabolism. Nutrition to include dietetics and clinical nutrition in the prevention
and treatment of illnesses.
(4) PATHOLOGY AND BACTERIOLOGY: Pathology to include general and special
pathology. Bacteriology to include parasitology and serology.
(5) PUBLIC HEALTH, HYGIENE, SANITATION AND EMERGENCY CARE: To include
sanitary and hygienic procedures, First Aid, minor surgery, prevention of disease, and Public
Health Department regulations.
(6) DIAGNOSIS: To include physical, clinical, laboratory and differential diagnosis;
E.E.N.T., geriatrics, serology, dermatology, syphilology, roentgenology (technique and
interpretation) and the rules and regulations of the Radiologic Technology Certification
Committee of the State Department of Health Services.
(7) OBSTETRICS, GYNECOLOGY AND PEDIATRICS: To include the standard routine
diagnostic procedures and clinical and laboratory examinations.
(8) PRINCIPLES AND PRACTICE OF CHIROPRACTIC, DIETETICS,
PHYSIOTHERAPY, AND OFFICE PROCEDURE: To include history and principles of
chiropractic, spinal analysis, adjustive technique of all articulations of the body, orthopedics and
patient counseling in curriculum subject matters.
(9) PHYSIOTHERAPY: To be eligible for licensure, each applicant must furnish proof
satisfactory to the Board of successful completion of the required 120 hours of physiotherapy
course work and additional clinical training in which the theory, principles and use of the
standard recognized physiotherapy equipment and procedures were demonstrated to and used by
36
the applicant. This shall include a minimum of thirty (30) patient office visits in which
physiotherapy procedures are performed by the student on their own clinic patients. If
physiotherapy course work is not offered by the chiropractic college where the student
matriculated, the required instruction and clinical training in physiotherapy may be completed at
another Board-approved chiropractic college, provided such course is a regular credit course
offered primarily to matriculated students.
Physiotherapy course work not completed prior to graduation from chiropractic college may
be fulfilled by course work taken subsequent to graduation at a Board-approved chiropractic
college in conjunction with clinical training in physiotherapy offered by that college. Such
course work and clinical training must be regular credit course work and clinical training offered
primarily to matriculated students.
(10) OFFICE PROCEDURE: To include private office and case management, the writing and
completion of reports and forms for insurance claims, and the provisions, rules and regulations of
the Chiropractic Act, and the Radiologic Technology Certification Committee of the State
Department of Health Services.
(d) Additional Hours and Subjects: It is recommended that a school offer elective subjects,
including chiropractic meridian therapy, counseling, hypnotherapy and biofeedback. The school
may offer and require for graduation courses of more than 4,400 hours.
(e) Clinics: Each student shall be provided with actual clinical experience in the examining,
diagnosing, and treatment of patients. Such clinical experience shall include spinal analysis,
palpation, chiropractic philosophy, symptomatology, laboratory diagnosis, physical diagnosis, X-
ray interpretation, postural analysis, diagnostic impressions, and adjusting of various
articulations of the body, psychological counseling and dietetics.
Individual case files on each patient together with a record of dates and treatments given and
student treating shall be kept and available to the board for inspection.
Clinical hours, as described in this section, including those relating to physiotherapy, must be
completed in a clinic operated or supervised by a chiropractic college.
Each student shall be required to complete, as a minimum for graduation, the following:
(1) Twenty-five (25) physical examinations of which at least ten (10) are of outside (not
student) patients.
A physical examination shall include an evaluation of all vital signs, case history, orthopedic
and neurological testing.
Students shall also have practical clinical laboratory training, including twenty-five (25)
urinalyses, twenty (20) complete blood counts (CBCs), ten (10) blood chemistries, and thirty
(30) X-ray examinations. Students shall perform ten (10) proctological and ten (10)
gynecological examinations. Proctological and gynecological examinations may be performed on
a phantom approved by the Board. Gynecological and proctological examinations not completed
prior to graduation may be completed after graduation at a Board-approved chiropractic college.
(2) Students shall perform a minimum of two hundred and fifty (250) patient treatments
(visits), including diagnostic procedures, chiropractic adjustive technique and patient evaluation.
37
(3) Written interpretation of at least thirty (30) different X-ray views, either slide or film,
while a senior in the clinic, in addition to other classroom requirements which shall include the
spinal column, all other articulations of the body, and soft tissue.
(4) Minimum of five hundred eighteen (518) hours of practical clinical experience (treating
patients in the clinic).
§331.12.3. Eligibility to Take Board Examination.
To be eligible to take the board examination, each applicant for licensure must furnish proof
satisfactory to the Board of meeting all licensure requirements.
§331.13. Physical Facilities.
(a) General: Each school shall own, or enjoy the assured use of a physical plant large enough
to accommodate classrooms, lecture rooms, laboratories, a clinic, a library and administrative
and faculty offices. Each school shall meet and maintain the standards and requirements
established by or under the authority of the laws of the State of California governing educational
institutions and all applicable city and county ordinances wherein the school is located and shall
maintain competent evidence of such compliance, for examination by the Board.
(b) Administrative Offices: The administrative offices shall provide adequate office space for
faculty members.
There shall be space available for faculty conferences.
All furnishings shall be serviceable and functional and there shall be sufficient office
equipment, subject to Board approval, to efficiently manage the business of the school.
There shall be fireproof storage for all records and documents required by the Chiropractic
Initiative Act, statute, or regulations.
All administrative offices shall meet the standards and requirements incorporated by
subparagraph (a) above.
(c) Classrooms: There shall be sufficient number and size of classrooms to separately
accommodate the graded classes in 1st, 2nd, 3rd and 4th year classes. No two or more subjects
shall be taught in the same classroom simultaneously. No two or more student classes (1st, 2nd,
3rd and 4th year) shall be taught in the same classroom simultaneously.
Classrooms shall be located where there is quiet and freedom from interruption and
distraction.
All classrooms shall be furnished with audio-visual aids appropriate to the subject matter
being taught, and desks and chairs or tablet armchairs. There shall be effective shades to darken
rooms equipped with visual projection apparatus.
All classrooms shall meet the standards and requirements incorporated by subparagraph (a)
above.
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(d) Laboratories: Laboratories shall be well lighted and ventilated and shall be equipped for
the practical work in human dissection, histology, chemistry, physiology, bacteriology,
pathology, laboratory diagnosis, roentgenology, physiotherapy and chiropractic technique.
Anatomy and pathology laboratories shall contain standard equipment. No more than ten (10)
students shall be assigned per table. Sinks should be equipped with wrist action or foot pedal
valves, and supplied in a sufficient number. Human cadavers and specimens for individual and
small group demonstrations shall be supplied. If human cadavers are not available, or state law
prohibits their use, schools must obtain prior written approval from this Board.
Microscopic laboratories shall have one microscope and one desk light for each two (2)
students in the class.
Chiropractic technique laboratories shall be equipped with one chiropractic adjusting table for
every four (4) students in the class.
Actual student experience with X-ray phantom or equivalent for all areas of the body shall be
necessary.
Additionally, all laboratories shall meet the standards and requirements incorporated in
subparagraph (a) above.
(f) Teaching Aids and Equipment: For the subject of physiotherapy there shall be sufficient
generally recognized equipment for classroom and clinic purposes (to include sine galvanic,
ultrasound, diathermy, ultraviolet, heat, cold, percussion, and transaction). For the practical work
and physical diagnosis students shall be required to own the ordinary and usual diagnostic
instruments, including, but not limited to, thermometers, stethoscopes, sphygmomanometers,
oto-ophthalmoscope examination sets, and orthopedic-neurological examination instruments.
Each school shall own and teach the use of the current standard diagnostic instruments and a list
of same shall be made available to the Board upon request. For classroom demonstration and
visual education aids, each school shall own charts, mannequins, skeletons, bone collections,
anatomical and embryological models, stereopticons, balopticons, micro-projections, and video
players or similar projection equipment. The film and slide library shall be constantly augmented
by the addition of new material.
(g) Library: A library shall be provided for the use of the student body. The minimum
requirements for a library are:
(1) Operation of the library shall be under the direct supervision of a full-time librarian
holding a degree in library science.
(2) The library shall be open to students a minimum of eight (8) hours per day. It shall have
room available for study purposes to accommodate at least ten (10) percent of the enrolled
students at one time. Hours shall be posted.
(3) The library volumes shall be cataloged, using a generally accepted system.
(4) The library shall consist of a minimum of 5,000 volumes of which 2,000 shall be less than
ten years of age. Only cataloged scientific volumes which are of interest to the published
curriculum of the school can be counted as library volumes. Unbound journals and periodicals
shall not be counted in determining compliance with this rule.
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(5) Each school shall conduct a program of student orientation as to the use of the library and
class assignments involving the use of the library.
(h) Clinic: Each school shall operate a general out-patient clinic where the senior students will
obtain actual experience, practical knowledge and skill in:
(1) Diagnosis, including physical examination, palpation, spinal analysis, clinical pathological,
laboratory findings, X-ray, and tentative and working diagnoses.
(2) Adjustive technique, dietetics, and psychotherapy for the care or prevention of disease in
accordance with Section 7 of the Act.
Such a clinic shall at all times be under the supervision of a clinician who meets the standards
of the Council on Chiropractic Education.
The minimum requirements of a clinic are:
(A) A reception room with a minimum seating capacity for ten (10) persons.
(B) A minimum of five (5) patient dressing rooms that are equipped with at least curtains to
ensure privacy.
(C) An administration area wherein at least one full-time secretary shall be located and patient
files shall be maintained.
(D) A minimum of one (1) office for each faculty member supervising the clinic with a
minimum of two (2) such offices.
(E) Separate lavatories for men and women with a minimum of one (1) each.
(F) A minimum of one (1) physical examination room for every ten (10) students concurrently
present and enrolled in the clinic.
(G) A minimum of one (1) chiropractic adjusting table for every five (5) students performing
adjustments on clinic patients with a minimum of five (5) such tables.
(H) A minimum of one (1) X-ray examination room that is equipped with at least one (1) X-
ray machine that has a capacity of no less than 125 KV plus 300 M.A. There shall also be an X-
ray developing room that is equipped with the appropriate and necessary film processing
equipment as required by the Board. This room may be an area within the X-ray procedure room
or shall be located in the immediate area in the same building of such X-ray procedure room. A
list of minimal X-ray equipment which shall be used must be obtained from the Board.
(I) A lab room equipped with a sterilization facility, unless waived in writing by the Board.
(J) In addition to the requirements of section 331.12(e), each student's work, conduct,
reliability and personality shall be evaluated in writing by his or her supervising teacher and such
evaluation shall become a part of the student's record and shall be available for inspection by the
Board.
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(i) Operation and Maintenance of the Physical Plant. In addition to the requirement of
subparagraph (a) above, each school shall operate and maintain all physical equipment in good
repair.
Lockers shall be available for student use.
§331.14. Quality of Instruction.
Nothing herein contained shall constitute any limitation or restriction upon the power of the
Board to refuse to approve, or to disapprove, any school if in the opinion of the Board the quality
of instruction is not sufficiently high to meet the objective of the State Chiropractic Act or these
rules.
§331.15. Violations or Failure to Comply.
(a) Any violation of these rules, or failure to comply with them, shall be grounds to revoke
approval of any school, and to refuse approval to any school, or to any applicant.
(b) If any school provisionally approved or approved by the Board undergoes fundamental
changes in its administration, organization or stated objectives, provisional approval or approval
shall be suspended until such time as the Board again appraises the institution.
Such changes include but are not limited to change in ownership of the school or its assets or
noncompliance with Section 29032(a)(2) of the Education Code.
(c) In the event an approved school or a school applying for provisional approval fails to
maintain or meet the required standards, the institution will be given a bill of particulars and
granted 60 days to comply; in the event such corrections are not made within said time, the
institution will be removed from the approved list or denied provisional approval.
(d) Institutions rejected or removed from the approved list may apply for reconsideration or
reinstatement in accordance with Rule 331.
§331.16. Definition of Board.
Whenever the Board is used in this article, it shall mean the Board of Chiropractic Examiners
unless otherwise indicated.
Article 5. Examinations
§340. Examinations.
The examination shall be administered a minimum of two (2) times each year. It shall be held
in a location accessible to the applicants; and it shall be administered in a manner which
maintains the validity and reliability of the examination, and provides on-site anonymity to the
applicants.
The examination shall be conducted in a manner to assure a reasonable expectation of the fair
and impartial evaluation of the applicants' knowledge, and their ability to practice chiropractic in
the best interests of the public health and welfare.
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§341. Other Articles Forbidden.
During the examination, no applicant will be permitted to have in his possession any paper or
object other than the examination questions, examination paper, pencil supplied by the board,
and a watch. Further, an applicant is forbidden from wearing any jewelry which includes rings,
tie clasps, belt buckles and bracelets which identifies an applicant with a particular chiropractic
association, philosophy, or school.
§342. Conduct During Examination.
No applicant will be permitted to communicate in any way with any other applicant, nor will
he be permitted to question any examiner in reference to or interpretation of the questions under
consideration. Applicants must rely solely upon their own judgment as to the meaning of each
question, and on their own knowledge of the subject in answering. Any disturbance on the part of
the applicant will disqualify said applicant and he will be required to leave the examination
room.
§343. Basis of Questions.
All examination questions shall be with respect to the subject listed in Groups 1 to 8,
inclusive, set forth in Sections 331.12.1, 331.12.2, and 331.12.3 of these rules. They shall be
based upon material contained in standard textbooks approved by the board.
§344. Cheating.
Any person, who upon good cause shown, is suspected of cheating shall be ousted from the
examination and, upon a finding that said person did, in fact, cheat on that exam, said person will
be denied further examination for a period of at least one year thereafter. Notice of such action
against an individual caught cheating shall be submitted to all state chiropractic boards.
§345. Retention of Papers.
Examination papers will be retained by the board for one year and destroyed at the end of that
time.
§346. Interpretation of Part of Section 6(c) of the Act.
The board makes the following interpretation of that part of Section 6(c) of the Act which
states that: “Any applicant failing to make the required grade shall be given credit for the
branches passed, and may, without further costs, take the examination at the next regular
examination on the subjects in which he failed.”
Candidates are considered to have failed a subject if they receive a grade in that subject of less
than seventy-five percent (75%).
If first-time applicants, or retake applicants considered as first-time applicants by this section,
having taken the examination and failed to receive the grade as required in Section 6(c),
(a) do not take the examination in the failed branches as required by the board, at the next
regular examination, or
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(b) fail to obtain grades sufficient to bring the general average to at least seventy-five percent
(75%), or receives less than sixty percent (60%) in more than two subjects in which examined
(grades in the subjects credited the previous examination are to be included in determining such
general average), or
(c) fail to receive a 75 percent (75%), or better, on each part of the practical examination, then
the credit allowed in the branches passed in the first examination shall lapse.
If, thereafter, candidates desire to reapply, they shall renew their application together with an
additional application license fee, and shall be examined in the same manner and to the same
extent as though they had not previously taken any examination.
§348. Failure to Appear for Examination.
An applicant for a license to practice chiropractic who fails to appear for examination within
one year after being first qualifying therefor shall be considered to have abandoned his
application and shall forfeit the license fee paid in connection therewith. If such person thereafter
applies for a license, he shall be required to establish his eligibility for such license in the same
manner as an original applicant in accordance with the provisions of the act and the regulations
of the board in effect at the time the new application is filed.
§349. Interpretation of Section 6(d) of the Act.
(a) For applicants applying for licensure through June 30, 1996, the board makes the
following interpretation of Section 6(d) of the Act which states:
“An applicant having fulfilled the requirements of Section 5 and paid the fee thereunder, and
having obtained a diplomate certificate from the National Board of Chiropractic Examiners, may
offer such certificate together with a transcript of grades secured in said national board
examination, and the California Board of Chiropractic Examiners may accept same in lieu of all
or a portion of the California board examination as determined by the board.”
(1) To be considered by the board, proof of status with the National Board of Chiropractic
Examiners must be submitted to the board's office in compliance with application instructions
and postmarked on or before the final filing date designated by the board.
(2) Applicants with National Board status who fail the board examination, under the
provisions of Section 346 must retake the entire written and practical examinations of the board.
(3) Effective January 1, 1996: Prior to being scheduled for the practical portion of the
California board examination, the applicant must show proof of either National Board status or
successful completion of the entire written portion of the California licensure examination.
(4) National Board status means attainment of passing scores on the National Board Parts I,
II, III, and Physiotherapy examinations.
(b) For applicants applying for licensure on or after July 1, 1996, the Board makes the
following interpretation of Section 6(d) of the Act which states:
“An applicant having fulfilled the requirements of Section 5 and paid the fee thereunder, and
having obtained a diplomate certification from the National Board of Chiropractic Examiners,
may offer such certificate together with a transcript of grades secured in said national board
examination, and the California Board of Chiropractic Examiners may accept same in lieu of all
or a portion of the California board examination as determined by the board.”
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(1) To be eligible for the California Chiropractic Board examination, proof of status with the
National Board of Chiropractic Examiners must be submitted to the board's office in compliance
with application instructions and postmarked on or before the final filing date designated by the
board.
(2) All applicants for licensure must show proof of National Board status, and successful
scores for the California Chiropractic Board examination, which may cover California laws and
regulations governing the practice of chiropractic, and/or other subjects as taught in chiropractic
schools or colleges.
(3) Applicants who fail components of the California Chiropractic Board examination after
two attempts must, under the provisions of Section 346, retake all of the California Chiropractic
Board examination.
(4) The National Board of Chiropractic Examiners examination Parts I, II, III, IV, and
Physiotherapy, and the California Chiropractic Board examination shall constitute the California
board licensure requirement.
(5) National Board status means attainment of passing scores on the National Board Parts I, II,
III, IV, and Physiotherapy examinations.
(6) The California Chiropractic Board examination means the examination developed by the
Board of Chiropractic Examiners or an agency designated by the board. This California
Chiropractic Board examination shall cover California laws and regulations governing the
practice of chiropractic, and/or other subjects as taught in chiropractic schools or colleges, and
must be taken after the candidate has graduated from chiropractic college.
§354. Successful Examination.
Notwithstanding Section 312, applicants who are notified in writing by the Board of the
successful completion of the Board examination, may immediately commence the practice of
chiropractic in California pending the receipt of their certificate.
Article 6. Continuing Education
§360. Continuing Education Fees.
The following represents fees for continuing education:
(a) Continuing Education Provider Application Fee: $75
(b) Biennial Continuing Education Provider Renewal Fee: $50
(c) Continuing Education Course Application Fee: $50 per course. A course is defined in Section
363.
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§361. Continuing Education Requirements.
(a) For purposes of this section, "implementation date" means two years following June 8, 2011.
(b) For license renewals that expire on or after the implementation date, the number of required
hours of continuing education courses shall be twenty-four (24). For license renewals that expire
prior to the implementation date, the number of required hours of continuing education courses
shall be twelve (12).
(c) For license renewals that expire on or after the implementation date, a maximum of twelve
(12) continuing education hours may be completed through distance learning as defined in
Section 363.1. For license renewals that expire prior to the implementation date, a maximum of
six (6) continuing education hours may be completed through distance learning as defined in
Section 363.1.
(d) Any continuing education hours accumulated before June 8, 2011 that meet the requirements
in effect on the date the hours were accumulated, will be accepted by the board for license
renewals.
(e) On or after the implementation date, licensees shall complete a minimum of two (2) hours in
subdivision (g)(11) - Ethics and Law, a minimum of four (4) hours in any one of, or a
combination of, the subject areas specified in subdivision (g)(3) - History Taking and Physical
Examination Procedures, subdivision (g)(5) - Chiropractic Adjustive Techniques or Chiropractic
Manipulation Techniques, or subdivision (g)(10) - Proper and Ethical Billing and Coding.
(f) With the exception of the mandatory hours referenced in subdivision (e), the remaining
eighteen (18) hours of additional continuing education requirements may be met by taking
courses in any of the subject areas listed in subdivision (g) or courses taken pursuant to
subdivision (h). The eighteen (18) hours may include any combination of continuing education
courses in subject areas specified in either subdivision (g) or approved by agencies specified in
subdivision (h). By way of example, a licensee may take eight (8) hours of continuing education
courses in subject areas listed in subdivision (g), that are approved by the board, and ten (10)
hours of continuing education courses that are approved by the California Department of
Industrial Relations, Division of Workers Compensation pursuant to subparagraph (1) of
subdivision (h).
(g) Courses approved by the board shall be limited to the following subject areas:
1. Philosophy of chiropractic, including the historical development of chiropractic as an art and
science and health care approach; the vertebral subluxation complex and somato-visceral
reflexes including their relationships between disease and health; and other chiropractic theory
and philosophy.
2. Instruction in basic sciences of anatomy, histology, neurology, physiology, nutrition,
pathology, biochemistry or toxicology.
3. Instruction in various basic to comprehensive history taking and physical examination
procedures, including but not limited to orthopedic, neurological and general diagnosis related to
evaluation of the neuro-musculoskeletal systems, and includes general diagnosis and differential
diagnosis of all conditions that affect the human body.
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4. Diagnostic testing procedures, interpretation and technologies that aid in differential diagnosis
of all conditions that affect the human body.
5. Chiropractic adjustive techniques or chiropractic manipulation techniques.
6. Pain management theory, including, but not limited to, current trends in treatment and
instruction in the physiology and anatomy of acute, sub-acute and chronic pain.
7. Physiotherapy.
8. Instruction in Manipulation Under Anesthesia including the safe handling of patients under
anesthesia.
9. Instruction in the aspects of special population care, including, but not limited to, geriatric,
pediatric, and athletic care as related to the practice of chiropractic.
10. Instruction in proper and ethical billing and coding, including accurate and effective record
keeping and documentation of evaluation, treatment and progress of a patient. This is not to
include practice buildi
ng or patient recruitment/retention or business techniques or principles that
teach concepts to increase patient visits or patient fees per case.
11. Ethics and law: including but not limited to: truth in advertising; professional boundaries;
mandatory reporting requirements for child abuse/neglect, elder abuse/neglect; spousal or
cohabitant abuse/neglect; sexual boundaries between patient and doctors; review of the specific
laws, rules and regulations related to the practice of chiropractic in the State of California.
12. Adverse event avoidance, including reduction of potential malpractice issues.
13. Pharmacology, including side effects, drug interactions and the pharmodynamics of various
commonly prescribed and over-the-counter drugs; drug reactions and interactions with herbs,
vitamins and nutritional supplements; blood and urinalysis testing used in the diagnosis and
detection of disease, including use of and interpretation of drug testing strips or kits utilizing
urinalysis, saliva, hair and nail clippings.
14. A licensee may earn up to a maximum of two (2) hours of continuing education credit in
cardiopulmonary resuscitation, basic life support or use of an automated external defibrillator.
15. Board Meeting: A licensee may earn a maximum of four (4) hours of continuing education
credit per renewal period for attending a full board meeting that includes the hearing of cases
related to petitioners seeking the reinstatement of revoked licenses or early termination of
probationary licenses. A petitioner may not earn any continuing education hours for attending a
board meeting on the same day in which said pe
titioner's hearing is conducted. The attendance of
a licensee at a board meeting under this subparagraph shall be monitored and confirmed by board
staff designated by the Executive Officer.
16. Any of the following as related to the practice of chiropractic:
(A) Principles of practice.
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(B) Wellness. (prevention, health maintenance)
(C) Rehabilitation.
(D) Public health.
(h) With the exception of the mandatory courses specified in subdivision (e), the remaining
continuing education requirements may be
met by taking continuing education courses, including
distance learning, that are approved by either of the following:
(1) The California Department of Industrial Relations, Division of Workers Compensation.
(2) Any Healing Arts Board or Bureau within Division 2 of the Business and Professions Code
or approved by any organization authorized to approve continuing education by any Healing Arts
Board or Bureau in Division 2 of the Business and Professions Code.
(i) The continuing education providers and courses referenced in subdivision (h) do not need to
be approved by the Board for credit to be granted nor do they need to meet the requirements
contained in Sections 362, 363, and 363.1.
§362. Continuing Education Provider Approval, Duties, and Responsibilities.
(a) CONTINUING EDUCATION PROVIDER DENIAL AND APPEAL PROCESS: If an
application is denied under this section, the applicant shall be notified in writing of the reason(s)
for the denial. The applicant may request an informal hearing with the Executive Officer
regarding the reasons stated in the denial notification. The appeal must be filed within 30 days of
the date of the denial notification.
The Executive Officer shall schedule the informal hearing within 30 days of receipt of the appeal
request. Within 10 days following the informal hearing, the Executive Officer shall provide
written notification of his or her decision to the denied applicant. If the Executive Officer
upholds a denial under this section, the applicant may, within 30 days of the date of the
Executive Officer's denial notification, request a hearing before the board to appeal the denial.
The Executive Officer shall schedule the requested hearing at a future board meeting but not
later than 180 days following receipt of the request. Within 10 days of the hearing before the
board, the Executive Officer shall provide written notification of the board's decision to the
applicant. The board's decision shall be the final order in the matter.
(b) As used in this section, a provider is an individual, partnership, corporation, professional
association, college or any other entity approved by the board to offer board approved continuing
education courses to licensees to meet the annual continuing education requirements set forth in
Section 361 of these regulations.
(c)(1) To apply to become an approved provider, an applicant shall complete and submit a
"Continuing Education Provider Application" form (Revision date 02/10) which is hereby
incorporated by reference, and pay the fee specified in Section 360(a). Applications for approval
shall be submitted to the board office at least 30 days prior to a scheduled board meeting.
Providers with applications that are incomplete will be notified of the deficiencies in writing
within three (3) weeks from the date of receipt. Complete applications will be reviewed at the
47
scheduled board meeting and notification of the board's decision will be provided in writing
within two (2) weeks following the board meeting.
(2) The approval of the provider shall expire two (2) years after it is issued by the board and may
be renewed upon the filing of the "Continuing Education Provider Application" form (Revision
date 02/10) and fee specified in Section 360(b).
(3) Providers who were approved by the board prior to the effective date of this regulation shall
renew their provider status two years from June 8, 2011 by filing of the "Continuing Education
Provider Application" form (Revision date 02/10) and fee specified in Section 360(b).
(4) The board will not process incomplete applications nor applications that do not include the
correct application fee.
(d) Providers shall:
(1) Identify an individual responsible for overseeing all continuing education activities of the
provider.
(2) Provide a course roster to the board, within 30 days, upon written request. Course rosters
shall include the names of all licensees, license numbers, and e-mail addresses if available.
Failure to submit the roster upon written request within thirty (30) days may result in the
withdrawal or denial of previous course approval and withdrawal of provider status. Providers
shall maintain the course roster for four (4) years from the date of completion of the course.
(3) Maintain course instructor curriculum vitae or resumes for four (4) years.
(4) Disclose to prospective participants the names of the individuals or organizations, if any, who
have underwritten or subsidized the course. Providers may not advertise, market, or display
materials or items for sale inside the room while the actual instruction is taking place. Nothing in
this section shall be interpreted to prohibit a provider from mentioning a specific product or
service solely for educational purposes.
(5) Inform the board in writing immediately of any change to the date, time or location of the
course.
(6) Provide a certificate of completion to licensees within 30 days following completion of the
continuing education course. Providers shall retain records of course completion for four (4)
years from the date of completion and provide records of completion to the Board within thirty
(30) days, upon written request. The certificate shall include the following information:
(A) Name and address of provider.
(B) Course title.
(C) Course approval number.
(D) Date(s) and location of course.
(E) Licensee name.
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(F) License number.
(G) Printed name and signature of the provider's designated representative.
(H) Number of hours the licensee earned in continuing education, including the type of
mandatory hours, and whether the hours were obtained in classroom instruction or distance
learning.
(e) The Executive Officer, after notification, may withdraw approval of any continuing education
provider for good cause, including, but not limited to, violations of any provision of the
regulation or falsification of information, and shall provide written notification of such action to
the provider. The provider may request an informal hearing with the Executive Officer regarding
the reasons for withdrawal of approval stated in the Executive Officer's notification. The appeal
must be filed within 30 days of the date of the notification. The Executive Officer shall schedule
the informal hearing within 30 days of receipt of the appeal request. Within 10 days following
the informal hearing, the Executive Officer shall provide written notification of his or her
decision to the provider. If the Executive Officer upholds his or her decision under this
subsection, the provider may, within 30 days of the date of the Executive Officer's notification,
request a hearing before the board to appeal the Executive Officer's decision. The Executive
Officer shall schedule the requested hearing at a future board meeting but not later than 180 days
following receipt of the request. Within 10 days of the hearing before the board, the Executive
Officer shall provide written notification of the board's decision to the provider. The board's
decision shall be the final order in the matter.
§363. Approval of Continuing Education Courses.
(a) Providers must complete and submit a "Continuing Education Course Application" form
(Revision date 02/10) which is hereby incorporated by reference, and pay the non-refundable
application fee as provided by Section 360(c) at least 45 days prior to the date of the course.
Providers shall submit and complete one application for each continuing education course being
offered.
(b) A "course" is defined as an approved program of coordinated instruction in any one of the
subject areas as defined in Section 361(g) and given by an approved Provider. Once approved, a
course may be given any number of times for one year following approval, with the single
continuing education course fee paid one time annually by the provider. A course may not
consist of more than one subject area as defined in Section 361(g).
(c) The following documentation shall be submitted with each Continuing Education Course
Application:
(1) An hourly breakdown of the continuing education course;
(2) A final copy of the syllabus/course schedule including seminar name, date and location of
seminar, instructor(s) name, course description, educational objectives, teaching methods, course
schedule/outline, recommended reading, disclosure of expenses underwritten or subsidized by
vendors of any goods, and supplies or services;
(3) A copy of the course brochure and all other promotional material to be used;
49
(4) A curriculum vitae for each instructor including the instructor's name and address; the type of
educational degree including the name of the college and year the degree was received; license
information including status and name of licensing agency; certification including status and
name of certifying agency; the type, location and years of practical experience; the type, location
and years of teaching experience; the type, location and years of research experience; the type,
location and years of other relevant experience; and the title, journal, and date of publications.
(d) DENIAL AND APPEAL PROCESS: If a course application is denied under this section, the
applicant shall be notified in writing of the reason(s) for the denial. The applicant may request an
informal hearing regarding the reasons stated in their denial notification, with the Executive
Officer. The appeal must be filed within 30 days of the date of the denial notification.
The Executive Officer shall schedule the informal hearing within 30 days of receipt of the appeal
request. Within 10 days following the informal hearing, the Executive Officer shall provide
written notification of his or her decision to the denied applicant. If the Executive Officer
upholds a denial under this section, the applicant may, within 30 days of the date of the
Executive Officer's denial notification, request a hearing before the board to appeal the denial.
The Executive Officer shall schedule the requested hearing at a future board meeting but not
later than 180 days following receipt of the request.
Within 10 days of the hearing before the board, the Executive Officer shall provide written
notification of the board's decision to the applicant. The board's decision shall be the final order
in the matter.
(e) Only those courses that meet the following shall be approved:
(1) No more than twelve (12) hours of continuing education credit shall be awarded to an
individual licensee for coursework completed on a specific date.
(2) Each hour of continuing education credit shall be based on at least fifty (50) minutes of
participation in an organized learning experience. Class breaks shall be at the discretion of the
instructor and shall not count towards a course hour. Providers shall furnish a sign-in sheet that
contains the course date(s), each licensee's name, license number, and designated space for each
licensee to sign in at the beginning and conclusion of the course each day. Furthermore, the form
shall state that a licensee by signing their name on that sheet, is declaring under penalty of
perjury, that they personally attended the stated course, on the listed date(s) and they personally
attended the listed hours of course work. Each licensee shall be responsible for signing the "sign-
in sheet" at the start and conclusion of each day's coursework, and failure to do so may invalidate
credit for that day's coursework. Providers shall retain sign-in sheets for four (4) years from the
date of course completion and shall provide copies to the Board within thirty (30) days upon
written request.
(f) The board shall not approve the following subjects for continuing education courses: financial
management, income generation, practice building, collections, self-motivation, and patient
recruitment.
(g) If a provider makes a substantive change in content of an approved course, he or she shall
notify the board as soon as possible of the changes prior to giving the course. A new application
may be required as determined by the Executive Officer.
(h) The Executive Officer, after notification, may withdraw approval of any continuing education
50
course for good cause, including, but not limited to, violations of any provision of this regulation
or falsification of information and shall provide written notification of such action to the
provider. The provider may request an informal hearing with the Executive Officer regarding the
reasons for withdrawal of approval stated in the Executive Officer's notification. The appeal must
be filed within 30 days of the date of the notification. The Executive Officer shall schedule the
informal hearing within 30 days of receipt of the appeal request. Within 10 days following the
informal hearing, the Executive Officer shall provide written notification of his or her decision to
the provider. If the Executive Officer upholds his or her decision under this subsection, the
provider may, within 30 days of the date of the Executive Officer's notification, request a hearing
before the board to appeal the Executive Officer's decision. The Executive Officer shall schedule
the requested hearing at a future board meeting but not later than 180 days following receipt of
the request. Within 10 days of the hearing before the board, the Executive Officer shall provide
written notification of the board's decision to the provider. The board's decision shall be the final
order in the matter.
§363.1. Distance Learning Courses.
In addition to the applicable requirements of Sections 362 and 363, providers of continuing
education courses offered through distance learning formats, including, but not limited to,
computer, Internet, manuals, compact disks, digital video, versatile discs, and audio and video
tapes, shall meet all of the following:
(a) Disclose course instructors' curriculum vitae or resumes.
(b) Explain the appropriate level of technology required for a student licensee to successfully
participate in the course.
(c) Make available technical assistance as appropriate to the format.
(d) Contain security measures to protect the learner's identity, course and related content from
unauthorized access.
(e) Establish a deadline for completion.
(f) Review instructional materials annually to ensure the content is current and relevant.
(g) The continuing education provider shall notify the licensee when he or she is leaving a
continuing education site and directed to a promotional or sponsored site. Course material may
not endorse manufacturers, distributors, or other sellers of chiropractic products or services.
Nothing in this section shall be interpreted to prohibit a provider from mentioning a specific
product or service solely for educational purposes.
§364. Exemptions and Reduction of Requirement.
A licensee may qualify for a full or partial exemption, from the continuing education
requirements of Section 361 if a licensee meets any of the criterion listed below:
(a) A licensee who holds a license on inactive status is not required to complete continuing
education on an annual basis; however, they must provide proof of completion of the required
continuing education hours prior to activating their license as specified in Section 371(f);
(b) A new licensee is exempt from continuing education requirements in the year of initial
licensure;
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(c) An instructor who has taught for one (1) year and currently teaches core curriculum courses
for more than eight (8) credit hours per week at any Council on Chiropractic Education
accredited college for at least six (6) months during any license renewal period year shall be
exempt from continuing education.
(d) A licensee who teaches a board-approved continuing education course may earn one (1) hour
of continuing education credit for each hour of lecture up to 24 hours per year.
(e) Notwithstanding Section 361(c), a licensee who is unable to attend continuing education
courses due to a physical disability and provides written certification from a primary health care
provider may earn all 24 hours of continuing education credits for the period of the license
renewal through Board-approved distance learning courses as defined in Section 363.1.
(f) A licensee who participates as an examiner for the entire part four portion of the National
Board of Chiropractic Examiners (NBCE) examinations shall receive a maximum of six (6)
hours of continuing education credit for each examination period conducted by the NBCE during
the license renewal period. The licensee must provide written certification from the NBCE
confirming the licensee has met the requirements of this subsection.
(g) A licensee who participates in the entire two-day workshop as a Subject Matter Expert for the
purpose of exam development of the California Law and Professional Practice Examination will
receive one hour of CE credit for each hour volunteered, up to a maximum of sixteen hours,
which includes eight (8) hours in the Ethics and Law and eight (8) hours in the Principles of
Practice subject areas as defined in sections 361(g)(11) and 361(g)(16)(A), respectively.
(h) An active Board Member. A professional board member who has served one full year on the
Board of Chiropractic Examiners shall be exempt from the continuing education requirement in
each year of board member service.
(i) A licensee on active duty with a branch of the armed forces of the United States or the
California National Guard who meets the exemption requirements specified in Business and
Professions Code section 114.3 shall be exempt from continuing education requirements.
§365. Revoked Licenses.
Any person making application for reinstatement or restoration of a license which has been
revoked shall be required to fulfill the continuing education requirements for each year the
license was revoked and may be required to complete an approved course of continuing
education, or to complete such study or training as the board deems appropriate.
§366. Continuing Education Audits.
The Board shall conduct random audits to verify compliance with Continuing Education
requirements of active licensees. Licensees shall secure and retain certificates of completion
issued to them at the time of attendance of approved Continuing Education courses for a period
of four (4) years from their last renewal and shall forward these documents to the Board upon
request.
Licensees who fail to retain certificates of completion shall obtain duplicate certificates, from
approved Continuing Education providers, who shall issue duplicates only to licensees whose
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names appear on the providers' rosters of course attendees. The certificates of completion shall
be clearly marked "duplicate" and shall contain the information specified in Section 362(d)(6).
Licensees who furnish false or misleading information to the Board regarding their Continuing
Education hours shall be subject to disciplinary action. Providers who provide false or inaccurate
verification of a licensee's participation may lose their provider status for up to ten (10) years, at
the discretion of the Executive Officer. The full board's ruling, as described in Section 362(e),
shall be the final order on the matter.
The board or its designee shall not be restricted from inspecting, observing, or auditing any
approved chiropractic course in progress, at no charge.
The board, at its discretion, may contact attendees after a continuing education course as part of
the board's auditing process to obtain information regarding the quality and content of the course.
Article 7. Chiropractic Corporations
§367.1. Citation of Rules.
These rules may be cited and referred to as “Chiropractic Corporation Rules.” They are
subject to amendment, modification, revision, supplement, repeal, or other change by appropriate
action in the future.
§367.2. Definitions.
As used in this Article:
(a) “Board” means the State Board of Chiropractic Examiners.
(b) “Licensed person” means a natural person who is duly licensed under the provisions of the
Chiropractic Act to render the same professional services as are or will be rendered by the
professional corporation of which he is, or intends to become, an officer, director, shareholder or
employee.
(c) “Certificate of Registration” means a certificate of registration as a chiropractic
corporation.
(d) “Professional services” means rendering professional services as a chiropractor.
§367.3. Professional Relationships, Responsibilities, and Conduct Not Affected.
Nothing in the laws or rules relating to chiropractic corporations alters the duties and
responsibilities of a licensed person to and professional relationships with his clients and others;
nor do such laws or rules in any way impair the disciplinary powers of the State Board of
Chiropractic Examiners over licensed persons; nor do such laws or rules impair any other law or
rule pertaining to the standards of professional conduct of licensed persons.
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§367.4. Office for Filing.
All applications for a Certificate of Registration and any of the documents or reports required
by these rules or by law to be filed with the board shall be filed with the principal office of the
board in Sacramento.
§367.5. Application, Review of Refusal to Approve.
(a) An applicant corporation shall file with the board an application for Certificate of
Registration on a form furnished by the board, which shall be signed and verified by an officer of
the corporation who is a licensed person and be accompanied by a nonrefundable application fee
in the amount of one hundred dollars ($100).
(b) The board, within a reasonable time after an application for registration is submitted to it,
shall either approve the application and issue a Certificate of Registration or refuse to approve
the application and notify the applicant corporation of the reasons therefor.
(c) The board may delegate to its executive secretary, or other official or employee of the
board, its authority under Section 1051, Business and Professions Code, to review and approve
applications for registration and to issue Certificates of Registration.
(d) Any applicant corporation whose application has been disapproved by the board may
request a hearing pursuant to Government Code Section 11504. The hearing shall be conducted
pursuant to the Administrative Procedure Act (Government Code Sections 11502-11528).
(e) No applicant corporation shall hold itself out or engage in nor shall it render any
professional services unless and until a Certificate of Registration has been issued.
§367.6. Requirements for Issuance of Certificate of Registration.
A Certificate of Registration shall be issued if the board or the person delegated by it finds that
the affairs of the applicant will be conducted in compliance with law and the rules and
regulations of the board.
§367.7. Name of Corporation. [Repealed]
HISTORY: 1. Repealer filed 7-30-2013; operative 10-1-2013 (Register 2013, No. 31).
§367.8. Security for Claims Against a Chiropractic Corporation.
(a) When a chiropractic corporation provides security by means of insurance for claims
against it by its patients, the security shall consist of a policy or policies of insurance insuring the
corporation against liability imposed upon it by law for damages arising out of claims against it
by its patients arising out of the rendering of, or failure to render, chiropractic services by the
corporation an amount for each claim of at least $50,000 multiplied by the number of employed
licensed persons rendering such chiropractic services and an aggregate maximum limit of
liability per policy year of at least $150,000 multiplied by the number of such employees,
provided that the maximum coverage shall not be required to exceed $150,000 for each claim
and $450,000 for all claims during the policy year, and provided further that the deductible
portion of such insurance shall not exceed $5,000 multiplied by the number of such employees.
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(b) All shareholders of the corporation shall be jointly and severally liable for all claims
established against the corporation by its patients arising out of the rendering of, or failure to
render, chiropractic services up to the minimum amounts specified for insurance under
subsection (a) hereof except during periods of time when the corporation shall provide and
maintain insurance for claims against it by its patients arising out of the rendering of, or failure to
render chiropractic services. Said insurance, when provided, shall meet the minimum standards
established in subsection (a) above.
§367.9. Shares: Ownership and Transfer.
(a) The shares of a chiropractic corporation may be issued only to a licensed person and may
be transferred only to a licensed person or to the issuing corporation.
(b) Where there are two or more shareholders in a chiropractic corporation and one of the
shareholders:
(1) Dies, or
(2) Becomes a disqualified person as defined in Section 13401(d) of the Corporations Code,
for a period exceeding ninety (90) days, his or her shares shall be transferred to a licensed person
or to the issuing chiropractic corporation, on such terms as are agreed upon. Such transfer shall
occur not later than six (6) months after any such death and not later than ninety (90) days after
the date he or she becomes a disqualified person. A person disqualified by license suspension or
revocation shall notify the Board when his or her shares are transferred. In the event that a
person becomes disqualified by death, the representative of the deceased shareholder shall notify
the Board of the transfer of the deceased shareholder’s shares.
(c) A corporation and its shareholders may, but need not, agree that shares sold to it by a
person who becomes a disqualified person may be resold to such person if and when he again
ceases to become a disqualified person.
(d) The restrictions of subsection (a) and, if appropriate, subsection (b) of this section shall be
set forth in the corporation's bylaws or articles of incorporation.
(e) The share certificates of a chiropractic corporation shall contain either:
(1) An appropriate legend setting forth the restriction of subsection (a), and where applicable,
the restriction of subsection (b), or
(2) An appropriate legend stating that ownership and transfer of the shares are restricted and
specifically referring to an identified section of the bylaws or articles of incorporation of the
corporation wherein the restrictions are set forth.
§367.10. Certificate of Registration; Continuing Validity; Reports.
(a) A Certificate of Registration shall continue in effect until it is suspended or revoked. Such
certificate may be suspended or revoked for any of the grounds permitted by law.
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(b) Each chiropractic corporation shall file a special report, on a form provided by the Board,
within 30 days of any change of the officers, directors, shareholders, employees rendering
professional services, and articles of incorporation.
(c) Each special report filed hereunder shall be accompanied by a filing fee of five dollars
($5).
Article 7.5. License Renewal Requirements
§ 370. License Renewal Fees.
The following represents fees for license renewals:
(a) Annual license renewal for active and inactive licenses: $250
(b) License restoration for forfeited and cancelled licenses: double the annual renewal fee
(c) Inactive to active status license renewal: same as the annual license renewal fee
§ 371. Annual License Renewals and Restoration.
(a) This section shall apply to non-disciplinary license renewal and restoration. Disciplinary
license restoration conditions are defined in Section 1000-10 of the Business and Professions
Code (Chiropractic Initiative Act of California, Stats. 1923 p.1xxxviii).
(b) A license shall expire annually on the last day of the licensee's birth month. For purposes of
this section, the following terms have the following meanings:
(1) "License in forfeiture" is a license that has not been renewed within 60 days following its
expiration date.
(2) "Inactive license" has the meaning specified in Business and Professions Code 700.
(3) "Cancelled license" is a license that has been expired for a period of three (3) consecutive
years.
(c) To renew an active license, a licensee shall complete and submit a "Renewal" form (R1HDC,
Rev. 06/11), which is incorporated by reference, pay the appropriate fee specified in Section
370(a) prior to the expiration date of the license, and complete the board's continuing education
requirements that were in effect during the license renewal period.
(d) To renew an inactive license, a licensee shall complete and submit a "Renewal" form
(R1HDC, Rev. 06/11) and pay the appropriate fee specified in Section 370(a) prior to the
expiration date of the license.
(e) To renew and restore a license in forfeiture, a licensee shall complete and submit a
"Forfeiture Notice" form (D1HDC, Rev. 06/11) and an "Application for Restoration of License"
form (Revision date 04/11), which are incorporated by reference, pay the appropriate fees
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specified in Section 370(b) and have met one of the following continuing education
requirements:
(1) Completed the board's continuing education requirements that were in effect at the time of
each license renewal period;
(2) Practiced in another state under an active valid license and completed all continuing
education requirements for that state for each license renewal period the license was expired;
(3) Passed the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination
for Chiropractic examination within six (6) months prior to submitting the Application for
Restoration of License.
(f) To restore an inactive license to active status, a licensee shall complete and submit an
"Inactive to Active Status Application" form (Revision date 02/10), which is incorporated by
reference, pay the appropriate fee specified in Section 370(c) prior to the expiration date of the
license, and complete continuing education equivalent to that required for a single license
renewal period.
(g) To restore a cancelled license, a licensee shall complete and submit an "Application for
Restoration of License" form (Revision date 04/11), pay the appropriate fee specified in Section
370(b), and have met one of the following continuing education requirements:
(1) Completed the board's continuing education requirements that were in effect at the time of
each license renewal period;
(2) Practiced in another state under an active valid license and completed all continuing
education requirements for that state for each license renewal period the license was expired;
(3) Passed the National Board of Chiropractic Examiners (NBCE) Special Purposes Examination
for Chiropractic examination within six (6) months prior to submitting the Application for
Restoration of License.
(h) The board will not process incomplete applications nor complete applications that do not
include the correct fee as specified in Section 370.
(i) In addition to any other requirement for renewal or restoration of a license, a licensee shall
disclose whether, since the last renewal of his or her license, he or she has been convicted of any
violation of the law in this or any other state, the United States, or other country. However,
licensees are not required to disclose traffic infractions that resulted in fines of less than five
hundred dollars ($500) that did not involve alcohol, dangerous drugs, or controlled substances.
§ 372. Continued Jurisdiction of a License.
The suspension, expiration, or forfeiture by operation of law of a license issued by the board, or
its suspension, or forfeiture by order of the board or by order of a court of law, or its surrender
without the written consent of the board shall not, during any period in which it may be renewed,
restored, reissued, or reinstated, deprive the board of its authority to institute or continue a
disciplinary proceeding against the licensee upon any ground provided by law or to enter an
order suspending or revoking the license or otherwise taking disciplinary action against the
licensee on any such ground.
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Article 8. Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing
of the regulations constituting the Conflict of Interest Code is impractical and these regulations
being of limited and particular application, these regulations are not published in full in the
California Code of Regulations. The regulations are available to the public for review or
purchase at cost at the following locations:
BOARD OF CHIROPRACTIC EXAMINERS
3401 FOLSOM BOULEVARD, SUITE B
SACRAMENTO, CA 95816-5354
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Article 8 of Division 4 of Title 16 of the
California Code of Regulations, and consists of sections numbered and titled as follows:
§ 375. General Provisions Appendix
Article 9. Enforcement and Discipline
§384. Disciplinary Guidelines.
In reaching a decision on a disciplinary action under the Administrative Procedure Act
(Government Code Section 11400, et seq.), the board shall consider the disciplinary guidelines
entitled “Disciplinary Guidelines and Model Disciplinary Orders” [revised October 21, 2004]
which are hereby incorporated by reference. Deviation from these guidelines and orders,
including the standard terms of probation, is appropriate where the board in its sole discretion
determines that the facts of the particular case warrant such a deviation--for example: the
presence of mitigating factors; the age of the case; evidentiary problems.
§386. Fraud.
Any proposed decision or decision issued in accordance with the procedures set forth in
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
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Government Code that contains any finding of fact that the licensee has a second separate
conviction for fraud, shall contain an order of revocation, which shall not be stayed.
§ 389. Letter of Admonishment.
(a) The Executive Officer, or his or her designee, may issue a letter of admonishment to a
licensee for failure to comply with any provision of the Act, statute or regulations governing the
practice of chiropractic.
(b) The letter of admonishment shall be in writing and shall describe in detail the nature and
facts of the violation, including a reference to the Act, statute or regulation violated and may
contain an order of abatement.
(c) The letter of admonishment shall be served upon the licensee personally or by certified
United States mail at the licensee’s address of record with the board. If the licensee is served by
certified United States mail, service shall be effective upon deposit in the United States mail.
(d) The letter of admonishment shall inform the licensee that within 30 days of the date of the
letter the licensee may do either of the following:
(1) Submit a written request for an office conference to the Executive Officer of the board
to contest the letter of admonishment.
(A) Upon a timely request, the Executive Officer, or his or her designee, shall hold an
office conference with the licensee or the licensee's legal counsel or authorized representative.
Unless so authorized by the Executive Officer, or his or her designee, no individual other than
the legal counsel or authorized representative of the licensee may accompany the licensee to the
office conference. Upon request and approval by the Executive Officer or his or her designee, the
licensee may participate in the office conference by telephone.
(B) Prior to or at the office conference, the licensee may submit to the Executive Officer
declarations and documents pertinent to the subject matter of the letter of admonishment.
(C) The Executive Officer, or his or her designee, may affirm, modify, or withdraw the
letter of admonishment. Within 14 calendar days from the date of the office conference, the
Executive Officer, or his or her designee, shall personally serve or send by certified United
States mail to the licensee’s address of record with the board a written decision. This decision
shall be deemed the final administrative decision concerning the letter of admonishment.
(D) Within thirty days of service or mailing of the written decision, the licensee shall
comply with the letter of admonishment and, if the letter of admonishment contains an order of
abatement, the licensee shall submit documentation to the Executive Officer documenting
compliance with the order.
(2) Comply with the letter of admonishment and, if the letter of admonishment contains an
order of abatement, the licensee shall submit documentation to the Executive Officer
documenting compliance with the order.
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§390. Issuance of Citations and Fines.
(a) The Executive Officer of the board or his or her designee may issue a citation containing
an order to pay a fine between $100 and $5,000 and an order of abatement against a licensee for
any violation of the Act or the California Code of Regulations or any laws governing the practice
of chiropractors. A citation may be issued without the assessment of a fine, when determined by
the Executive Officer or his or her designee.
(b) Each citation shall be in writing and shall describe with particularity the nature and facts of
each violation specified in the citation, including a reference to the law or regulation alleged to
have been violated.
(c) The citation shall be served upon the cited person either personally or by certified United
States mail.
§390.1. Criteria to Be Considered.
In the issuance of any citation, the following factors shall be considered:
(a) Nature and severity of the violation.
(b) Length of time that has passed since the date of the violation.
(c) Consequences of the violation, including potential or actual patient harm.
(d) History of previous violations of the same or similar nature.
(e) Evidence that the violation was willful.
(f) Gravity of the violation.
(g) The extent to which the cited person has remediated any knowledge and/or skill
deficiencies which could have injured a patient.
§390.3. Citations for Unlicensed Practice.
The Executive Officer or his/her designee may issue a citation against any unlicensed person
who is acting in the capacity of a licensee under the jurisdiction of the board and who is not
otherwise exempt from licensure. Each citation may contain an order of abatement fixing a
reasonable period of time for an abatement and an order to pay a fine not to exceed $5,000 for
each violation. Any sanction authorized for activity under this section shall be separate from and
in addition to any other civil or criminal remedies.
§390.4. Contested Citations.
(a) The citation shall inform the licensee that if he/she desires a hearing to contest the finding
of a violation, that hearing shall be requested by written notice to the board within 30 calendar
days of the date of issuance of the citation. Hearings shall be held pursuant to the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
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(b) In addition to requesting a hearing provided for in subdivision (a) of this section, the cited
person may, within 14 calendar days after service of the citation, submit a written request for an
informal conference with the Executive Officer.
(c) The Executive Officer or his/her designee shall, within 30 calendar days from receipt of the
written request, hold an informal conference with the person cited and/or his/her legal counsel or
authorized representative.
(d) The Executive Officer or his/her designee may affirm, modify or dismiss the citation, at
the conclusion of the informal conference. A written decision stating the reasons for the decision
shall be mailed to the cited person and his/her legal counsel, if any, within 14 calendar days from
the date of the informal conference. This decision shall be deemed to be a final order with regard
to the citation issued.
(e) If the citation is dismissed, the request for a hearing shall be deemed withdrawn. If the
citation is affirmed or modified, the cited person may, in his/her discretion, withdraw the request
for a hearing or proceed with the administrative hearing process.
§390.5. Compliance with Citation/Order of Abatement.
(a) Orders of abatement may be extended for good cause. If a cited person who has been issued
an order of abatement is unable to complete the correction within the time set forth in the citation
because of conditions beyond his/her control after the exercise of reasonable diligence, the
person cited may request an extension of time from the Executive Officer or his/her designee in
which to complete the correction. Such a request shall be in writing and shall be made within the
time set forth for abatement.
(b) When a citation or order of abatement is not contested or if the order is appealed and the
person cited does not prevail, failure to abate the violation within the time allowed or pay the
fine that is imposed, if one was, shall constitute a violation and a failure to comply with the
citation or order of abatement.
(c) Failure to timely comply with an order of abatement or pay a fine that is imposed is
unprofessional conduct and may result in disciplinary action being taken by the board.
§390.6. Notification to Other Boards and Agencies.
The issuance and disposition of a citation shall be reported to other chiropractic boards and
other regulatory agencies. A licensee’s compliance with an order of abatement or payment of a
fine based on the finding of a violation may only be disclosed to the public as satisfactory
resolution of the matter.
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