CHAPTER 1. REGULATION OF CHIROPRACTORS _ CREATION OF BOARD
IC 25-10
ARTICLE 10. CHIROPRACTORS
IC 25-10-1
Chapter 1. Regulation of Chiropractors _ Creation of Board
IC 25-10-1-1
Definitions
Sec. 1. As used in this article:
(1) "Chiropractic" means the diagnosis and analysis of anyinterference with normal nerve transmission and expression, theprocedure preparatory to and complementary to the correctionthereof by an adjustment of the articulations of the vertebral column,its immediate articulation, and includes other incidental means ofadjustments of the spinal column and the practice of druglesstherapeutics. However, chiropractic does not include any of thefollowing:
(A) Prescription or administration of legend drugs or othercontrolled substances.
(B) Performing of incisive surgery or internal or externalcauterization.
(C) Penetration of the skin with a needle or other instrument forany purpose except for the purpose of blood analysis.
(D) Use of colonic irrigations, plasmatics, ionizing radiationtherapy, or radionics.
(E) Conducting invasive diagnostic tests or analysis of bodyfluids except for urinalysis.
(F) The taking of x-rays of any organ other than the vertebralcolumn and extremities.
(G) The treatment or attempt to treat infectious diseases,endocrine disorders, or atypical or abnormal histology.
(2) "Chiropractor" means any person who is qualified under thischapter to practice the science of chiropractic.
(3) "Board" means the board of chiropractic examiners undersection 1.5 of this chapter.
(4) "Agency" refers to the Indiana professional licensing agencyunder IC 25-1-5.
(Formerly: Acts 1955, c.42, s.1.) As amended by Acts 1981, P.L.222,SEC.74; P.L.169-1985, SEC.33; P.L.1-2006, SEC.427.
IC 25-10-1-1.5
Board of chiropractic examiners; creation; appointment ofmembers; tenure; powers and duties; expenses
Sec. 1.5. (a) There is created a board of chiropractic examiners.The board shall consist of seven (7) members appointed by thegovernor, not more than four (4) of whom may be affiliated with thesame political party. Six (6) of the board members must be licensedunder this chapter and must have had at least five (5) years ofexperience as a chiropractor prior to their appointment. One (1)member is to represent the general public and must be: (1) a resident of this state; and
(2) in no way associated with the profession of chiropracticother than as a consumer.
(b) All members shall be appointed for a term of three (3) yearsand serve until their successors are appointed and qualified. Avacancy occurring on the board shall be filled by the governor byappointment. Each appointed member shall serve for the unexpiredterm of the vacating member.
(c) The members of the board are entitled to the minimum salaryper diem provided by IC 4-10-11-2.1(b). Members are also entitledto reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
(d) The members of the board shall organize by the election of achairman and a vice chairman from among its membership. Theofficers serve for a term of one (1) year. The board shall meet at leastonce each year and on other occasions as it considers necessary andadvisable. A meeting of the board may be called by its chairman orby a majority of the members on the board. Four (4) members of theboard constitute a quorum for the transaction of business. Alldecisions are required to be made by a majority vote of the quorum.
(e) The agency shall provide a secretary of the board and otherpersonnel necessary for the proper performance of the board's dutiesand responsibilities under this chapter. The board, through theagency, shall receive and account for all money collected under thischapter and pay the money to the treasurer of state to be deposited bythe treasurer in the general fund of the state.
(f) The board may do the following:
(1) Establish reasonable application, examination, and renewalprocedures for certification under this chapter.
(2) Use an examination under this chapter that is designed bythe board, designed by another person, or designed in part bythe board and in part by another person.
(3) Conduct in the manner prescribed by the boardexaminations of applicants for certification under this chapter.The board may conduct any part of the examinations through aperson other than the agency who is approved by the board. Theagency may conduct any part of the examinations underIC 25-1-5-4.
(4) Issue, deny, suspend, revoke, and renew certificates.
(5) Subject to IC 25-1-7, investigate and conduct hearings, uponcomplaint against individuals certified or not certified underthis chapter, concerning alleged violation of this chapter withhearings to be conducted in accordance with IC 4-21.5.
(6) Initiate the prosecution and enjoinder of a person violatingthis chapter.
(7) Adopt rules necessary for the proper performance of theboard's duties, in accordance with IC 4-22-2. (8) Maintain a current list of individuals certified under thischapter.
(9) Establish a code of professional conduct.
(10) Adopt rules under IC 4-22-2 to allow chiropractorslicensed under this chapter to delegate the manual manipulation,manual adjustment, or manual mobilization of the spinalcolumn or the vertebral column under section 14(c)(4) of thischapter.
(11) Adopt rules under IC 4-22-2 establishing standards for theregistration and regulation of chiropractic managementconsultants (as defined by the board under IC 25-10-2).
(12) Set fees for the annual registration of a chiropracticmanagement consultant under IC 25-10-2.
(g) The board shall adopt rules establishing standards for thecompetent practice of the science of the chiropractic in accordancewith IC 4-22-2.
(h) All expenses incurred in the administration of this chaptershall be paid from the state general fund upon appropriation beingmade in the manner provided by law for the making ofappropriations.
As added by Acts 1981, P.L.222, SEC.103. Amended byP.L.169-1985, SEC.34; P.L.149-1987, SEC.23; P.L.152-1988,SEC.7; P.L.235-1989, SEC.1; P.L.33-1993, SEC.24; P.L.125-1994,SEC.1; P.L.1-2006, SEC.428.
IC 25-10-1-2
Requirements for licensure
Sec. 2. (a) A person who is at least eighteen (18) years of age andwho has not been convicted of a crime that has a direct bearing onthe person's ability to practice competently is eligible to be licensedto practice chiropractic in Indiana if the person is a graduate of anincorporated chiropractic school or college incorporated for thepurpose of teaching the science of chiropractic. The school or collegemust meet the reasonable requirements of the board and must beaccredited by the Accreditation Commission of the Council onChiropractic Education during the applicant's attendance at theaccredited school or college. The board may not discriminate againsta chiropractic school or college that meets these requirements.
(b) In addition to the requirements in subsection (a), an applicantfor a license to practice chiropractic must have completed at leasttwo (2) years (sixty (60) semester hours) of education in a college oruniversity of learning accredited by an accrediting agency that hasbeen approved by the United States Department of Education beforethe applicant's training and education in a chiropractic school orcollege.
(Formerly: Acts 1955, c.42, s.2; Acts 1973, P.L.252, SEC.6.) Asamended by Acts 1981, P.L.222, SEC.104; Acts 1982, P.L.113,SEC.45; P.L.169-1985, SEC.35; P.L.149-1987, SEC.24;P.L.152-1988, SEC.6; P.L.235-1989, SEC.2; P.L.186-1990, SEC.8;P.L.33-1993, SEC.18; P.L.234-1995, SEC.16.
IC 25-10-1-3
Examinations
Sec. 3. (a) All examinations of applicants for a license to practicechiropractic shall be held at the times and places as the board shalldirect. The application for a license shall be accompanied by anexamination fee established by the board.
(b) Any applicant failing in any examination and being refused alicense shall be entitled to take a subsequent examination upon thepayment of an additional examination fee fixed by the board. Anapplicant failing in any examination shall be entitled to take asubsequent examination at the next regular examination.
(Formerly: Acts 1955, c.42, s.3.) As amended by Acts 1981, P.L.222,SEC.105; P.L.152-1988, SEC.8.
IC 25-10-1-4
Waiver of educational requirements; examination
Sec. 4. Applicants who are and have been residents of the state ofIndiana and who have practiced chiropractic in the state of Indianafor at least one (1) year immediately prior to December 1, 1954, shallbe exempted from the educational requirements as provided by thischapter: provided, that application for a license and examinationshall be made within sixty (60) days after March 4, 1955. All suchapplicants shall be given an examination in accordance with theprovisions of this chapter, to determine their ability to practicechiropractic. Such applicants shall not be discriminated against bythe board for their participation in any legal proceedings broughtunder the provisions of the former Indiana Medical Practice Act,(Acts 1897, c.169, as amended) where the primary issue was thepracticing of chiropractic, as defined in this chapter, without havinga license to practice medicine. Such applications shall beaccompanied by the affidavits of two (2) freeholders stating thereinthat the applicant has practiced chiropractic in this state for a periodof at least one (1) year prior to December 1, 1954.
(Formerly: Acts 1955, c.42, s.4.) As amended by Acts 1982, P.L.154,SEC.37.
IC 25-10-1-5
License by reciprocity
Sec. 5. Any applicant may, upon the payment of a fee establishedby the board, be granted a license, without an examination, providingthat the applicant submits satisfactory evidence to the board that theapplicant has been licensed to practice chiropractic in another statefor at least three (3) years under qualifications substantiallyequivalent to those specified in this chapter for a license to practicechiropractic.
(Formerly: Acts 1955, c.42, s.5.) As amended by Acts 1981, P.L.222,SEC.106; P.L.234-1995, SEC.17.
IC 25-10-1-5.5
Temporary permits for chiropractic school graduates Sec. 5.5. (a) The board may issue a temporary permit to a graduateof a chiropractic school to manually manipulate, manually adjust, ormanually mobilize the spinal column or vertebral column of anindividual if the graduate applying for the permit is:
(1) qualified to become a licensed chiropractor by examination;and
(2) employed by and under the direct supervision of achiropractor licensed under this chapter.
(b) A temporary permit issued under this section expires on theday after the board releases the results of the next examination givenby the board.
(c) The board may not issue a temporary permit under this sectionto an individual who has failed an examination under this chapter.
As added by P.L.235-1989, SEC.3.
IC 25-10-1-5.6
Persons licensed in other jurisdictions; temporary permits
Sec. 5.6. A person who:
(1) is licensed to practice chiropractic by a board or licensingagency of another state or jurisdiction; and
(2) meets the requirements established by the board undersection 1.5 of this chapter;
may be issued a temporary permit limited by terms and conditionsconsidered appropriate by the board. A temporary permit issuedunder this section is valid for a nonrenewable period of not morethan thirty (30) days.
As added by P.L.48-1991, SEC.22.
IC 25-10-1-6
Renewal of licenses; fee; display; retirement of chiropractor;inactive license; discipline
Sec. 6. (a) A license issued under this chapter is valid until thenext renewal date described under subsection (b).
(b) All licenses issued by the board shall be subject to renewalbiennially on a date established by the licensing agency underIC 25-1-5-4. A renewal license fee established by the board underIC 25-1-8-2 must be paid to the board on or before the dateestablished by the licensing agency, and if not paid on or before thatdate, the license expires and becomes invalid without any actiontaken by the board.
(c) An individual whose license has been expired for not morethan three (3) years may have the license reinstated upon meeting therequirements for reinstatement under IC 25-1-8-6(c).
(d) If more than three (3) years have elapsed since the date alicense under this chapter expired, the individual holding the licensemay have the license reinstated by satisfying the requirements forreinstatement under IC 25-1-8-6(d).
(e) A license must be displayed in the office or the place ofpractice of the licensee.
(f) Each applicant for renewal shall furnish evidence of
attendance during each preceding licensing year at not less than one(1) chiropractic educational conference or seminar approved by theboard. The conference or seminar may be conducted by anestablished chiropractic organization or college. This requirementdoes not apply to the applicant's first licensing year. If an applicantfails to comply with this subsection, the applicant's license expiresand becomes invalid at midnight of the renewal date and may bereinstated only upon application and the payment of a fee establishedby the board and proper showing to the board that there has been amakeup by the applicant of the omitted educational work.
(g) Any chiropractor licensed to practice chiropractic in this statewho intends to retire from practice shall notify the board in writingof the chiropractor's intention to retire and shall surrender the licenseto the board. Upon receipt of this notice and license, the board shallrecord the fact that the chiropractor is retired and excuse the personfrom further payment of license renewal fees and attendance atlicense renewal seminars. If any chiropractor surrenders the licenseto practice chiropractic in this state, the chiropractor's reinstatementmay be considered by the board on the chiropractor's written request.If any disciplinary proceedings under this chapter are pending againsta chiropractor, the chiropractor may not surrender the license withoutthe written approval of the board.
(h) Any chiropractor licensed to practice chiropractic in this statewho intends to become inactive in the practice of chiropractic shallnotify the board in writing that the chiropractor will not maintain anoffice or practice chiropractic in Indiana. The board shall thenclassify the chiropractor's license as inactive. The renewal fee of theinactive license is one-half (1/2) of the license renewal fee, and thechiropractor shall not be required to attend license renewal seminars.If a chiropractor holding an inactive license intends to maintain anoffice or practice chiropractic, the chiropractor shall notify the boardof that intent. The board may reinstate that chiropractor's licenseupon notification and receipt of:
(1) an application;
(2) payment of the current renewal fee;
(3) payment of the current reinstatement fee; and
(4) evidence of attendance of one (1) educational conferenceapproved by the board for each year or portion of a year ofinactive license classification.
(i) The board shall discipline a practitioner of the chiropractic inaccordance with IC 25-1-9.
(Formerly: Acts 1955, c.42, s.6; Acts 1963, c.366, s.2; Acts 1965,c.44, s.1.) As amended by Acts 1977, P.L.172, SEC.9; Acts 1981,P.L.222, SEC.107; P.L.169-1985, SEC.36; P.L.149-1987, SEC.25;P.L.152-1988, SEC.9; P.L.48-1991, SEC.23; P.L.105-2008, SEC.26.
IC 25-10-1-6.5
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-10-1-7
Service in Armed Forces disrupting chiropractic education
Sec. 7. Any applicant for a license to practice chiropractic who isa graduate of a legally incorporated chiropractic school, institutionor college, and who can produce satisfactory evidence to the boardthat his chiropractic education was interrupted by reason of hisinduction or enlistment into the active armed forces of the UnitedStates and that he received an honorable discharge from such forces,shall be entitled to have his date of graduation determined as if hehad completed his course of study in chiropractic without suchinterruption.
(Formerly: Acts 1955, c.42, s.7.)
IC 25-10-1-8
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-10-1-9
Rights of practitioner holding license under article governingpractice of medicine
Sec. 9. Nothing in this chapter shall in any manner repeal, modify,or change any right, privilege, authority or license granted apractitioner of chiropractic holding a license under IC 25-22.5.
(Formerly: Acts 1955, c.42, s.10.) As amended by Acts 1982,P.L.154, SEC.38.
IC 25-10-1-10
Fees; use and disposition
Sec. 10. All fees collected under this chapter shall be deposited inthe general fund of this state and shall be paid out only by warrant ofthe auditor of state, upon the treasurer of state. All moneyappropriated to the board shall be used for the purpose ofadministering this chapter and may not be used for any otherpurposes.
(Formerly: Acts 1955, c.42, s.11.) As amended by Acts 1982,P.L.154, SEC.39; P.L.169-1985, SEC.38.
IC 25-10-1-11
Necessity of license; violations
Sec. 11. (a) No person may practice chiropractic or hold out as achiropractor without a license to practice chiropractic in Indiana.
(b) A person who violates this chapter commits a Class Amisdemeanor.
(Formerly: Acts 1955, c.42, s.12.) As amended by Acts 1978, P.L.2,SEC.2524; P.L.234-1995, SEC.18.
IC 25-10-1-12
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-10-1-13
Employees; act, duty, or function
Sec. 13. (a) Subject to subsection (b), an employee of achiropractor licensed under this article may perform an act, duty, orfunction that is within the specific scope of practice of the employingchiropractor, if the act, duty, or function is:
(1) performed under the direction and supervision of theemploying chiropractor; and
(2) reported to the employing chiropractor.
(b) An employee of a chiropractor who is not licensed as achiropractor or a physician may not:
(1) make a diagnosis or prescribe a treatment; or
(2) manipulate, adjust, or mobilize the spinal column orvertebral column of an individual.
(c) This section does not grant the employee of a chiropractorindependent practitioner status or the authority to perform patientservices in an independent practice.
As added by P.L.244-1985, SEC.1.
IC 25-10-1-14
Necessity of license; injunction or order; physical therapists
Sec. 14. (a) This section applies to all persons, including personslisted in IC 25-22.5-1-2.
(b) A person may manually manipulate, manually adjust, ormanually mobilize the spinal column or the vertebral column of anindividual only if the person is:
(1) a chiropractor who has been issued a license under thischapter;
(2) a physician who has been issued an unlimited license topractice medicine under IC 25-22.5; or
(3) an osteopathic physician who has been issued a license topractice osteopathic medicine under IC 25-22.5.
(c) A person may not delegate the manual manipulation, manualadjustment, or manual mobilization of the spinal column or thevertebral column of an individual to another person, unless the otherperson is:
(1) licensed as a chiropractor under this chapter;
(2) licensed as a physician with an unlimited license to practicemedicine under IC 25-22.5;
(3) licensed as an osteopathic physician with a license topractice osteopathic medicine under IC 25-22.5;
(4) a student in the final year of course work at an accreditedchiropractic school participating in a preceptorship program andworking under the direct supervision of a chiropractor licensedunder this chapter; or
(5) a graduate of a chiropractic school who holds a validtemporary permit issued under section 5.5 of this chapter.
(d) If a violation of subsection (b) or (c) is being committed:
(1) the board in its own name;
(2) the board in the name of the state; or (3) the prosecuting attorney of the county in which the violationoccurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit courtof the county in which the violation occurs.
(e) Upon a showing that a person has violated subsection (b) or(c), the court may grant without bond an injunction, a restrainingorder, or other appropriate order.
(f) This section does not apply to a physical therapist practicingunder IC 25-27. However, a physical therapist may not practicechiropractic (as defined in IC 25-10-1-1) or medicine (as defined inIC 25-22.5-1-1.1) unless licensed to do so.
As added by P.L.245-1985, SEC.1. Amended by P.L.235-1989,SEC.4; P.L.33-1993, SEC.19.
IC 25-10-1-15
Admissibility of testimony regarding physician records or reports
Sec. 15. In any legal proceeding, a chiropractor's testimonyrelating to records or reports of a licensed physician may beadmissible as evidence in the legal proceeding if the:
(1) chiropractor is qualified as an expert by the chiropractor'sknowledge, skill, experience, training, or education; and
(2) court is satisfied that the information is of the typereasonably relied upon by other chiropractors.
As added by P.L.180-1997, SEC.1.