90-139. Chiropractic and membership of Board of Examiners.

1. The State Board of Chiropractic Examiners is created to consist of eight members appointed by the Governor,and General Assembly. Six of the members shall be practicing doctors of chiropractic,who are residents of this State and who have actively practiced chiropractic in the State for at least eight consecutive years immediately preceding their appointments;four of these six members shall be appointed by the Governor, and two by the General Assembly in accordance with G.S. 120-121,one each upon the recommendation of the President of the Senate and the Speaker of the House of Representatives. No more than three members of the board may be graduates of the same college or school of chiropractic. The other member shall be a person chosen by the Governor to represent the public at large. The public member shall not be a health care provider nor the spouse of a health care provider. For purposes of Board membership,"health care provider"means any licensed health care professional and any agent or employee of any health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this section, a person enrolled in a program to prepare him to be a licensed health care professional or an allied health professional shall be deemed a health care provider. For purposes of this section, any person with significant financial interest in a health service or profession is not a public member.
    
2. All Board members serving on June 30, 1981, shall be eligible to complete their respective terms. No member appointed to the Board on or after July 1, 1981, shall serve more than two complete consecutive terms, except that each member shall serve until his successor is chosen and qualifies. The initial appointment of the General Assembly upon the recommendation of the President of the Senate shall be for a term to expire June 30, 1986, and the initial appointment of the General Assembly upon the recommendation of the Speaker of the House of representatives shall be for a term to expire June 30, 1985, subsequent appointments upon the recommendation of the President of the Senate shall be for terms of three years, subsequent appointments upon the recommendation of the Speaker of the House of Representatives shall be for terms of two years.
    
3. The Governor and General Assembly, respectively, may remove any member appointed by them for good cause shown. In addition, upon the request of the Speaker of the House of Representatives or the President of the Senate concerning a person appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives or the President of the Senate, respectively, the Governor may remove such appointee for good cause shown, if the request is made and removal occurs either (i) when the General Assembly has adjourned to a date certain, which date is more than 10 days after the date of adjournment, or (ii) after sine die adjournment of the regular session. The Governor may appoint persons to fill vacancies of persons appointed by him to fill unexpired terms. Vacancies in appointments made by the General Assembly shall be in accordance with G.S. 120-122. (1917,c.73,s.1; C.S.,s.6710;1979,c.108,s.1;1981,c.766,s.1;1983,c.717,ss.100-104)

Legal Periodicals.-For brief comment of the 1949 amendments to this Article, see 27 N.C.L. Rev.406.

90-140. Selection of chiropractic members of Board.

The Governor and the General Assembly upon the recommendation of the President of the Senate shall appoint chiropractic members of the Board for terms of three years from a list provided by the Board, and the General Assembly upon the recommendation of the Speaker of the House of Representatives shall appoint a chiropractic member of the Board for a term of two years from a list provided by the Board, For each vacancy, the Board must submit at least three names to the Governor, Lieutenant Governor and Speaker of the House.

The Board shall establish procedures for the nomination, and election of chiropractic members. These procedures shall be adopted under Article 2 of Chapter 150B of the General Statutes, and notice of the proposed procedures shall be given to all licensed chiropractors residing in North Carolina. These procedures shall not conflict with the provisions of this section. Every chiropractor with a current North Carolina license residing in this State shall be eligible to vote in all such elections, and the list of licensed chiropractors shall constitute the registration list for elections. Any decision of the Board relative to the conduct of such elections may be challenged by civil action in the Wake County Superior Court. A challenge must be filed not later than 30 days after the Board has rendered the decision in controversy, and all such cases shall be heard de novo.

(1917,c.73,s.2;C.S.,s.6711;1933,c.442s.1;1963,c.646,s.1; 1979,c.108,s.2;1981,c.766,s.2;1983,c.717,s.106;1987,c.827,s.1)

90-141. Organization; quorum.

The Board of Chiropractic Examiners shall elect such officers as they may deem necessary. Four members of the Board shall constitute a quorum for the transaction of business. (1917,c.73,s.4;C.S.,s.6713;1933,c.442,s.1;1981,c.766,s.3.)

90-142. Rules and regulations.

The State Board of Chiropractic Examiners may adopt suitable rules and regulations for the performance of their duties and the enforcement of the provisions of this Article. (1919,c.148,s.4;C.S.,s.6714;1967,c.263,s.2.)

Case Notes:

Discretionary Power of Board.- This section did not dispense with the discretionary power of the Board to pass upon the requisites of good character, or the fact as to whether the applicants thereunder had been bona fide practitioners for the requisite time, It was held that the courts would not inquire into such matters and that a mandamus would not lie to compel the Board to issue a license under this section. Hamlin v. Carlson, 178 N.C. 431,101 S.E. 22 (1919).

Competency to Give Expert Testimony.- Doctors with unlimited licenses are competent to give expert testimony in the entire medical field. Chiropractors, on the other hand, are limited in their testimony to their special field as defined and limited by this section. Allen v. Hinson, 12 N.C. App. 515, 183 S.E.2d 852, cert. denied, 279 N.C. 726, 184S.E.2d883 (1971), decided prior to enactment of 90-157.2.

Chiropractor Not Qualified to Testify as to Muscle Injury. - In a personal injury action arising from as automobile accident, the chiropractor's testimony as to the plaintiff's strain or sprain of a muscle was properly excluded, because such injury and treatment is beyond the field of chiropractic medicine as defined by this section; on the other hand, the trial court erred in excluding the chiropractor's testimony concerning the plaintiff's nerve strain or sprain, because such injury and treatment is with-in the field of chiropractic medicine. Ellis v. Rouse, 86 N.C. App. 367 S.E.2d 699 (1987). Testimony regarding ligaments of the spine is within the scope of chiropractic as defined in this section. Smith v. Buckhram, 91 N.C. App. 355, 372 S.E.2d 90 (1988), cert. denied, 324 N.C. 113, 377 S.E.2d 236 (1989).

90-143. (Effective July 1, 1993) Definitions of chiropractic; examinations; educational requirements.

1. "Chiropractic" is herein defined to be the science of adjusting the cause of disease by realigning the spine, releasing pressure on nerves radiation from the spine to all parts of the body, and allowing the nerves to carry their full quota of health current (nerve energy) from the brain to all parts of the body.
   
2. It shall be the duty of the North Carolina State Board of Chiropractic Examiners (hereinafter referred to as "Board") to examine for licensure to practice chiropractic in this State any applicant who is or will become within 60 days of examination, a graduate of a four-year chiropractic college that is either accredited by the Council on Chiropractic Education or deemed by the Board to be the equivalet of such a college and who furnishes to the Board, in the manner prescribed by the Board, all of the following:
   1. Satisfactory evidence of good moral character;
   2. Proof that the applicant has received a baccalaureate degree from a college or university accredited by a regional accreditation body recognized by the United States Department of Education
   3. Transcript confirming that the applicant has received at least 4,200 hours of accredited chiropractic education. The Board shall not count any hours earned at an institution that was not accredited by the Council on Chiropractic Education or was not, as determined by the Board, the equivalent of such an institution at the time the hours were earned.
3. The Board shall not issue a license to any applicant until the applicant exhibits a diploma or other proof that the Doctor of Chiropractic degree has been conferred.
4. The Board may grant a license to an applicant if the applicant's scores on all parts of the examination given by the National Board of Chiropractic Examiners equal or exceed passing scores on the Board's examination, and the applicant satisfies all other requirements for licensure as provided in this Article.

The examination shall include, but not be limited to, the following studies: neurology, chemistry, pathology, anatomy, histology, physiology, embryology, dermatology, diagnosis, microscopy, gynecology, hygiene, eye, ear, nose and throat, orthopody, diagnostic radiology, jurisprudence, palpation, nerve tracing, chiropractic philosophy, theory, teaching and practice of chiropractic. (1917,c.73s.5;1919,c.148,ss.1,2,5;C.S.,s.6715;1933,c.442,s.1;1937,c.293, s.1;1963,c.646,s.2;1967, c.263,s.3;1977,c.1109,s.1;1981, c.766,s.4;1987,c. 304;1989,c.555,ss.2,3.)

Section Set Out Twice. - The section above is effective July 1,1993. For this section as in effect until July 1, 1993, see the preceding section, also numbered 90-143.

Effect of Amendments. - The 1987 amendment, effective July 1,1993, substituted "has received a baccalaureate degree from a college or university accredited by a regional accreditation body recognized by the U.S. Department of Education" for "has completed two years of pre-chiropractic college education and received credits for a minimum of 60 semester hours" at the end of present sub-division (b)(2).

Session Laws 1989,c.55,s.2, effective July 4,1989, until July 1,1993, in this section as it reads until July 1,1993, divided the section into subsections(a) and (b), with sub-divisions (b)(1) through (b)(3), substituted "Furnishes proof" for "He shall, before he is admitted to examination, furnish proof" in subdivision (b)(1), in subdivision (b)(2), substituted "Satisfies the Board" for "and satisfy the Board" substituted "the applicant" for "he," and added "and" at the end thereof. and in subdivision (b)(3), substituted "Satisfies the Board that the applicant can, within 60 days of the date of examination exhibit" for "He shall exhibit" in the first sentence, and added the second sentence.

Session Laws 1989,c.555,s.3, effective July 1, 1993, in this section as it reads effective July 1, 1993, divided the section into subsections (a) and (b), with subdivisions (b)(1) through (b)(3), substituted "Furnishes proof" for "He shall, before he is admitted to examination, furnish proof" in subdivision (b)(1), rewrote subdivision (b)(2) so as, inter alia, to make the same changes as were made by the 1987 amendment, and in subdivision (b)(3), substituted "Satisfies the Board that the applicant can, within 60 days of the date of examination exhibit" for "He shall exhibit" in the first sentence, and added the second sentence.

90-143.1 Applicants licensed in other states.

If an applicant for licensure is already licensed in another state to practice chiropractic, the Board shall issue a license to practice chiropractic to the applicant upon evidence that:

1. The applicant is currently an active, competent practitioner and is in good standing; and
2. The applicant has practiced at least one year out of the three years immediately preceding his or her application; and
3. The applicant currently holds a valid license in another state; and
4. No disciplinary proceeding or unresolved complaint is pending anywhere at the time a license is to be issued by this State; and
5. The licensure requirements in the other state are equivalent to or higher than those required by this State.

Any license issued upon the application of any chiropractor from any other state shall be subject to all of the provisions of this Article with reference to the license issued by the State Board of Chiropractic Examiners upon examination, and the rights and privileges to practice the profession of chiropractic under any license so issued shall be subject to the same duties, obligations, restrictions, and conditions as imposed by this Article on chiropractors originally examined by the State Board of Chiropractic Examiners. (1981,c.766,s.5.)

90-143. (Effective until July 1, 1993) Definitions of Chiropractic; examinations; educational requirements.

Case Notes:

Scope of Practice. - By enacting Session Laws 1987, Chapter 555, which amended this section, the General Assembly did not intend to expand the scope of chiropractic practice, but intended merely to clarify the law. Thomas v. Barnhill,-N.C. App.-,403 S.E.2d 102 (1991).

The testimony of a chiropractor to the strain or sprain of a muscle is not beyond the field of chiropractic practice as defined by this section. Thomas v. Barnhill, NC App.-.403 S.E.2d 102 (1991).

90-143.2 Certification of diagnostic imaging technicians.

The State Board of Chiropractic Examiners shall certify the competence of any person employed by a licensed chiropractor practicing in this State if the employee's duties include the production of diagnostic images, whether by x-ray or other imaging technology. Applicants for certification must demonstrate proficiency in the following subjects:

1. Physics and equipment of radiographic imaging;
2. Principles of radiographic exposure;
3. Radiographic protection:
4. Anatomy and physiology;
5. Radiographic positioning and procedure.

The State Board of Chiropractic Examiners may adopt rules pertaining to initial educational requirements, examination of applicants, and continuing educational requirements as are reasonably required to enforce this provision.(1991,c.633,s.1.)

Editor's Note: Session Laws 1991,c.633,s.2 makes this section effective upon ratification. The act was ratified on July 11, 1991.

90-144. Meetings of Board of Examiners.

The North Carolina Board of Chiropractic Examiners shall meet at least once a year at such time and place as said Board shall determine at which meetings applicants for license shall be examined. (1917,c.73,s.6;C.S.,s.6716;1933,c.442,s.1;1949,c.785,s. 1;1985,c.760,s.1.)

90-145. Grant of license.

The Board of Chiropractic Examiners shall grant to each applicant who is found to be competent, upon examination, a license authorizing him or he to practice chiropractic in North Carolina. (1917,c.73,s.7;C.S.,s.6717;1949,c.785, s.2;1981,c.766,s.6.)

90-146. Graduates from other states.

A graduate of a regular chiropractic school who comes into this State from another state may be granted a license by the Board of Examiners as required in this Article. (1917,c.73,s.8;C.S.,s.6718.)

90-147. Practice without license a misdemeanor.

Any person practicing chiropractic in this State without having first obtained a license as provided in this Article shall be guilty of a misdemeanor and fined or imprisoned, or both, in the discretion of the court. (1917,c.73,s.9;C.S., s.6719.)

90-148. Records of Board.

The secretary of the Board of Chiropractic Examiners shall keep a record of the proceedings of the Board, giving the name of each applicant for license, and the name of each applicant licensed and the date of such license. (1917,c. 73,s.10;C.S.,s.6720.)

90-149. Application fee.

Each applicant shall pay the secretary of said Board a fee as prescribed and set by the Board which fee shall not be more than three hundred dollars ($300.00). (1917,c.73,s.11; C.S.,s.6721;1977c.922,s.1.)

90-150: Repealed by Session Laws 1967,c. 218, s.4.

90-151. Extent and limitation of license.

Any person obtaining a license from the Board of Chiropractic Examiners shall have the right to practice the science known as chiropractic, in accordance with the method, thought, and practice of chiropractors, as taught in recognized, chiropractic schools and colleges, but shall not prescribe for or administer to any person any medicine or drugs, nor practice osteopathy or surgery. (1917,c.73,s.12;C.S.,s.6722;1933,c.442,s.3.)

90-151.1.  Selling nutritional supplements to patients.

A chiropractic physician may sell nutritional supplements at a chiropractic office to a patient as part of the patient's plan of treatment but may not otherwise sell nutritional supplements at a chiropractic office.  A chiropractic physician who sells nutritional supplements to a patient must keep a record of the sale that complies with G.S. 105-164-24, except that the record may not disclose the name of the patient. (1997-369,s. 1.)

90-152. Repealed by Session Laws 1967, c. 691, s.59.

90-153. Licensed chiropractors may practice in public hospitals.

A licensed chiropractor in this State may have access to and practice chiropractic in any hospital or sanitarium in this State that receives aid or support from the public, and shall have access to diagnostic X-ray records and laboratory records relating to the chiropractor's patient. (1919,c.148,s.3; C.S.,s.6724;1977,c.1109,s.2.)

OPTIONS OF ATTORNEY GENERAL

Chiropractor may review diagnostic x-ray records of his patient when such records are in possession of hospital receiving public aid or support. See opinion of Attorney General to The Honorable Ramey F. Kemp, Member of The House of Representatives, N.C. General Assembly, 48 N.C.A.G. 32 (1978).

90-154. Grounds for professional discipline.

1. The Board of Chiropractic Examiners may impose any of the following sanctions, singly or in combination, when it finds that a practitioner or applicant is guilty of any offense described in subsection (b):
   1. Permanently revoke a license to practice chiropractic
   2. Suspend a license to practice chiropractic;
   3. Refuse to grant a license;
   4. Censure a practitioner;
   5. Issue a letter of reprimand;
   6. Place a practitioner on probationary status and require him to report regularly to the Board upon the matters which are the basis of probation.
2. Any one of the following is grounds for disciplinary action by the Board under subsection (a):
   1. Advertising services in a false or misleading manner.
   2. Conviction of a felony or of a crime involving moral turpitude.
   3. Addiction to or severe dependency upon alcohol or any other drug that impairs the ability to practice safely.
   4. Unethical conduct as defined in G.S. 90-154.2.
   5. Negligence, incompetence, or malpractice in the practice of chiropractic.
   6. (Repealed)
   7. Not rendering acceptable care in the practice of the profession as defined in G.S. 90-154.3.
   8. Lewd of immoral conduct toward a patient.
   9. Committing or attempting to commit fraud.
   10. Offering to waive a patient's obligation to pay any deductible or copayment required by the patient's insurer.
   11. Failing to honor promptly a patient's request for a copy of any claim form submitted to the patient's insurer.
   12. Rebating or offering to rebate to a patient any portion of the funds received from the patient's insurer, unless the sum rebated constitutes the refund of an overpayment to which the patient is lawfully entitled.
   13. Advertising any free of reduced rate service without prominently stating in the advertisement the usual fee for that service.
   14. Charging an insurer or other third-party payor a fee greater than a patient would be charged for the same service if the patient were paying directly.
   15. Charging an insurer or other third-party payor a fee greater than the advertised fee for the same service.
   16. Violating the provisions of G.S. 90-154.1.
   17. Physical, mental, or emotional infirmity of such severity as to impair the ability to practice safely.
   18. Violating the provisions of G.S. 90-151 regarding the extent and limitation of license.
   19. Concealing information from the Board or failing to respond truthfully and completely to an inquiry from the Board concerning any matter affecting licensure.
   20. Failing to comply with a decision of the Board that is final.

90-154.1 Collection of certain fees prohibited.

1. Any patient or any other person responsible for payment has the right to refuse to pay, cancel payment, or be reimbursed for payment for any service, examination, or treatment other than the advertised reduced rate service, examination or treatment which is performed as a result of and within 72 hours of responding to any advertisement for a free or reduced rate service, free or reduced rate examination, or free or reduced rate treatment. Any further treatment shall be agreed upon in writing and signed by both parties.
    
2. Any chiropractic advertisement that offers a free or reduced rate service, examination or treatment shall contain the following notice to prospective patients: "If you decide to purchase additional treatment, you have the legal right to change your mind within three days and receive a refund." If the advertisement is published in print, the foregoing notice shall appear in capital letters clearly distinguishable from the rest of the text. If the advertisement is broadcast on radio or television, the foregoing notice shall be recited at the end of the advertisement.
    
3. Any bill sent to a patient or any other person responsible for payment as a result of the patient responding to a chiropractic advertisement shall clearly contain the language of the first sentence of subsection (a) and have distinguished on its face the charge for the reduced rate services, including and itemization, of free services, and the separate charge for any services, examinations or treatments other than the advertised free or reduced rate services, examinations, or treatments. The reduced rate charges shall be labeled "Free or Reduced Tate Charges" and any other charges shall be labeled "Non-advertised Services, Examinations, or Treatments."

90-154.2 Unethical conduct.

Unethical conduct is defined as:

1. The over-utilization or improper use, in the providing of treatment, physiological therapeutics, radiographics, or any other service not commensurate with the stated diagnosis and clinical findings. This determination shall be based upon the collective findings and experience of the Board utilizing the best available, relative information and advise. There must be a rationale for the services provided the patient.
2. The billing or otherwise charging of a fee to a third party payor for a service offered by the doctor as a free service, which service is accepted as a free service by any patient when, in fact, the doctor of chiropractic is transmitting any charge to a third-party payor for payment.
3. The over-utilization of ionizing radiation in the re-X-ray of a patient. The acceptable guidelines for re-X-ray are:
   1. When fractures are evident;
   2. When bone pathologies are under evaluation;
   3. When soft tissue pathologies are under evaluation
   4. When there is reinjury;
   5. When the original X-ray findings have revealed limitations of ranges and motion, re-X-ray may be done after clinical progress has revealed objective improvement, but not within 12 days and only limited views would be indicated.
4. Any licensee's failure to use the words Chiropractic Physician, Chiropractor or the initials D.C., in conjunction with the use of his name in his capacity as a Chiropractor on all reports, statements of claim for services rendered and on all signs,letterheads, business cards, advertising, and any other items of identification.
5. Violation of the Rules of Ethics of Advertising and Publicity.
6. The allowance of any unlicensed person to practice chiropractic in the office of a licensed chiropractic.(1985,c.760,s.4.)

90-154.3 Acceptable care in the practice of chiropractic.

1. It shall be unlawful for a doctor of chiropractic to examine, treat, or render any professional service to a patient that does not conform to the standards of acceptable care.
2. For purposes of disciplinary action, the Board of Chiropractic Examiners may adopt rules that establish and define standards of acceptable care with respect to:
   1. Examination and diagnosis;
   2. The use of chiropractic adjustive procedures:
   3. Physiological therapeutic agents;
   4. Diagnostic radiology;
   5. The maintenance of patient records; and
   6. Sanitation, safety and the adequacy of clinical equipment.
3. If the Board has not defined a standard of acceptable care by rule, then the standard of acceptable care shall be the usual and customary method as taught in the majority of recognized chiropractic colleges.
4. Nothing in this section shall alter the lawful scope of practice of chiropractic as defined in G.S. 90-143 or the limitation of license as defined in G.S. 90-151.

90-155. Annual fee for renewal of license.

Any person practicing chiropractic in this State, in order to renew his license, shall, on or before the first Tuesday after the first Monday in January in each year after a license is issued to him as herein provided, pay to the secretary of the Board of Chiropractic Examiners a renewal license fee as prescribed and set by the said Board which fee shall not be more than one hundred and fifty dollars ($150.00), and shall furnish the Board evidence that he has attended two days of educational sessions or programs approved by the Board during the preceding 12 months, provided the Board may waive this educational requirement due to sickness or other hardship of applicant.

Any license or certificate granted by the Board under this Article shall automatically be canceled if the holder thereof fails to secure a renewal within 30 days from the time herein provided;but any license thus canceled may, upon evidence of good moral character and proper proficiency, be restored upon the payment of the renewal fee and an additional twenty-five dollars($25.00) reinstatement fee.

If any licensee of the Board retires from active practice, the licensee may renew his license annually be paying the license fee and shall not be required to furnish the Board proof of continuing education; however, if at a later time the licensee desires to resume active practice, the license shall first appear before the Board and the Board shall determine his competency to practice. (1917,c.73,s.15;C.S.,s.6726;1933,c.442,s.4;1937,c.293,s.2;1963,c.646,s.4;1971,c. 715;1977,c.922,ss.2,3;1985,c.760,s.6.)

90-156. Pay of Board and authorized expenditures.

The members of the Board of Chiropractic Examiners shall receive their actual expenses, including transportation, and lodging, when meeting for the purpose of holding examinations, and performing any other duties placed upon them by this Article, such expenses to be paid by the treasurer of the Board out of the moneys received by him as license fees, or from renewal fees. The Board shall also expend out of such fund so much as may be necessary for preparing licenses securing seals, providing for programs for licensed doctors of chiropractic in North Carolina, and all other necessary expenses in connection with the duties of the Board. (1917,c.73,s.16;C.S.,s.6727;1949,c.785,s.4;1981,c.766,s.8.)

90-157. Chiropractors subject to State and municipal regulations.

Chiropractors shall observe and be subject to all State and municipal regulations relating to the control of contagious and infectious diseases. (1917, c.73,s.17; C.S.,s.6728.)

90-157.1 Free choice by patient guaranteed.

No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of North Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose a duly licensed chiropractor as the provider of care or services which are within the scope of practice of the profession of chiropractic as defined in this Chapter. (1977, c. 1109, s. 3.)

Opinions of Attorney General

This section is applicable to a selfinsured employee health insurance plan operated by a county hospital. See opinion of Attorney General to Mr. J. Hoyte Stultz, Jr., Attorney for NC State Board of Chiropractic Examiners, 52 N.C.A.G. 80 (1983).

90-157.2 Chiropractor as expert witness.

A Doctor of Chiropractic, for all legal purposes, shall be considered an expert in his field and, when properly qualified, may testify in a court of law as to:

1. The etiology, diagnosis, prognosis, and disability, including anatomical, neurological, physiological, and pathological considerations within the scope of chiropractic, as defined in G.S. 90-151; and
2. The physiological dynamics of contiguous spinal structures which can cause neurological disturbances the chiropractic procedure preparatory to, and complementary to the correction thereof, by an adjustment of the articulations of the vertebral column and other articulations. (1977,c.1109,s.3; 1989,c.555,s.1.)

Effect of Amendments. - The 1989 amendment, effective July 4, 1989, added subdivision designation (1), in subdivision (1) inserted "The" preceding "etiology" and added "as defined in G.S. 90-151; and," and added subdivision (2).

Legal Periodicals: For note discussing the ambit of this section in allowing chiropractors to testify as experts, see 9 N.C. Cent.LJ.103 (1977).

Practice References. - Brandis on North Carolina Evidence, 3rd ed., Henry Brandis, Jr., 133, 135.

Tesimony regarding ligaments of the spine is within the scope of chiropractic as defined in 90-143. Smith v. Buckhram,91 N.C. App. 355,372S.E.2d 90 (1988), cert. denied, 324 N.C.113,377 S.E.2d 236 (1989).

Stated in Mitchem v. Sims, 55 N.C. App.459,285S.E.2d 839 (1982).

Cited in Currence v. Hardin, 296 N.C. 95,249 S.E.2d 387 (1978); Currence v. Hardin, 36 N.C. App. 130, 243 S.E. 2d 172 (1978).

Referral Fees and Payment for Certain Solicitations Prohibited.

90-157.3.  Ownership of chiropractic practices limited.

(a) Each partner in a partnership that is engaged in the practice of chiropractic shall be licensed under this Article.

(b)  Each general partner in a limited partnership that is engaged in the practice of chiropractic and each limited partner who takes part in the control of the practice shall be licensed under this Article.

(c) The provision of Chapter 55B of the General Statutes shall apply to all business corporations organized under Chapter 55 of the General Statutes and engaged in the practice of chiropractic. (1999-430, s.2.)

90-400. Definition.

As used in this Article, a health care provider is a person holding any license issued under this Chapter. (1991(Reg. Sess., 1992), c.858,s.1.)

90-401. Referral fees and payment for certain solicitations prohibited.

A health care provider shall not financially compensate in any manner a person, firm, or corporation for recommending or securing the health care provider's employment by a patient, or as a reward for having made a recommendation resulting in the health care provider's employment by a patient. No health care provider who refers a patient of that health care provider to another health care provider shall receive financial or other compensation from the health care provider receiving the referral as a payment solely or primarily for the referral. This section shall not be construed to prohibit a health care provider's purchase of advertising which does not entail direct personal contact or telephone contact of a potential patient. (1991(Reg. Sess.1992), c.858,s.1;1993(Reg.Sess.,1994),c.689,s.2.)

90-401.1 Direct solicitation prohibited.

It shall be unlawful for a health care provider or the provider's employee or agent to initiate direct personal contact or telephone contact with any injured, diseased, or infirmed person, or with any other person residing in the injured, diseased, or infirmed person's household, for a period of 90 days following the injury or the onset of the disease or infirmity, if the purpose of initiating the contact, in whole or in part, is to attempt to induce or persuade the injured, diseased,or infirmed person to become a patient of the health care provider. This section shall not be construed to prohibit a health care provider's use of posted letters, brochures, or information packages to solicit injured, diseased, or infirmed persons, so long as such use does not entail direct personal contact with the person. (1993(Reg. Sess.1994), c.689,s.3.)

Editor's Note: Session Law 1993(Reg. Sess., 1994), c.689,s.6 made this section effective October 1, 1994. Session Laws 1993 (Reg. Sess., 1994), c. 689,s.5, is a severability clause.

90-402. Sanction.

Violation of the provisions of this Article shall be grounds for the offending health care provider's licensing board to suspend or revoke the health care provider's license, to refuse to renew the health care provider's license, or to take any other disciplinary action authorized by law. (1991(Reg. Sess.,1992), c.858,s.1; 1993 (Reg. Sess., 1994), c. 689, s.4.)

58-50-30. Discrimination forbidden; right to choose services of optometrist, podiatrist, dentist or chiropractor.

Discrimination between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by Articles 47 and 49 through 53 of this Chapter, or in the benefits payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited.

Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for payment of or reimbursement for any service which is within the scope of practice of a duly licensed optometrist, or duly licensed podiatrist, or a duly licensed dentist, or duly licensed chiropractor, or duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such services, whether such services be performed by a duly licensed physician or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist or a duly licensed chiropractor, or a duly licensed practicing psychologist, notwithstanding any provision contained in such policy. Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for certification of disability which is within the scope of practice of a duly licensed physician, or a duly licensed optometrist or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such disability whether such disability be certified by a duly licensed physician, or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed practicing psychologist, notwithstanding any provisions contained in such policy. The policyholder, insured, or beneficiary shall have the right to choose the provider of such services notwithstanding any provision to the contrary in any other statute.

For the purposes of this section, a "duly licensed practicing psychologist" shall be defined to only include a psychologist who is duly licensed or certified in the State of North Carolina and has a doctorate degree in psychology and at least two years clinical experience in a recognized health setting, or has met the standards of the National Register of Health Providers in Psychology. (1913,c.91,s.11;C.S., s.6488;1965,c.396,s.2;c.1169,s.2; 1967,c.690,s.2;1969, c. 679; 1973; c. 610; 1977, c. 601, ss.2, 3 1/2.)

Editor's Note: Session Laws 1965,c.396,s.4, provides that it shall not be construed to equate optometrists with physicians except to the extent that each must be duly licensed.

Session Laws 1967,c.690,s.4, provides: "Nothing in this act shall be construed to equate podiatrists with physicians except to the extent that each must be duly licensed."

Legal Periodicals: For note, "ERISA Preemption of State Mandated-Provider Laws," see 6 Duke L. Rev. 1194 (1985).