HB84INTRODUCED
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HB84
MJL3111-1
By Representative Woods
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 06-Jan-25
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6 MJL3111-1 01/06/2025 ZAK (L)ma 2024-3049
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PFD: 06-Jan-25
SYNOPSIS:
Under existing law, notice of an election and
ballots on which to vote for members of the Board of
Chiropractic Examiners must be mailed to licensees
thereof.
This bill would allow other methods to be used
in sending these notices and ballots.
Under existing law, the Board of Chiropractic
Examiners may issue a limited license to a student or
recent graduate to engage in the practice of
chiropractic under the supervision of a licensee.
This bill would remove the board's authority to
issue such a limited license and provide that a student
practicing under the supervision of a licensee may not
use a title indicating licensure.
Under existing law, a licensee must provide
evidence of completing 18 hours of continuing education
within the preceding year to renew a license.
This bill would provide that a licensee must
provide evidence of completing professional education
work in the number of hours and manner required by rule
of the board.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
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language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Board of Chiropractic Examiners; to
amend Sections 34-24-140, 34-24-145, and 34-24-165, Code of
Alabama 1975, to permit board member election notices and
ballots to be sent using multiple methods; to remove the
board's authority to issue limited licenses; to prohibit
students practicing under licensee supervision from using
titles indicating licensure; to authorize the board to provide
licensee continuing education requirements by rule; and to
make nonsubstantive, technical revisions to update the
existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-24-140, 34-24-145 and 34-24-165,
Code of Alabama 1975, are amended to read as follows:
"§34-24-140
(a) There is created and established a State Board of
Chiropractic Examiners. The board shall be composed of nine
members. Eight members of the board shall be active licensed
chiropractors elected as provided in this section. Seven of
the elected members shall be elected one from each
congressional district in this state except as otherwise
provided in Section 34-24-141. Any candidate for or member of
the board shall be a resident of the appropriate congressional
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the board shall be a resident of the appropriate congressional
district except one candidate for the board shall be elected
from the state at large at-large. One elected member of the
board shall be elected from the state at-large and shall be an
African-American.
(b) Each elected member of or candidate for the board
shall meet all of the following qualifications:
(1)A citizen and Being a resident of Alabama this state
who has resided in this state for at least five years ;.
(2) Being a graduate of a chartered chiropractic school
or college, which that required actual attendance in the
school as a prerequisite to graduation ;.
(3) currently Currently engaged in the clinical
practice of chiropractic and has been engaged in the clinical
practice in this state for at least the five immediately
preceding years;.
(4) having Having renewed his or her license to
practice chiropractic by September 30 of the year in which the
an election shall take place ;.
(5) Being of good moral character ;.
(6) and must not be Not presently on probation relating
to the practice of chiropractic in any state including this
state.
(b)(c) One member of the board shall be a consumer
member appointed by the Governor. Neither the consumer member ,
nor his or her spouse , shall may be a chiropractor. The
consumer member shall may not be an immediate family member of
a chiropractor, nor shall may he or she be employed in the
chiropractic field.
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chiropractic field.
(c)(d) The elected members of the board shall be
elected as provided in this subsection. In August of any year
that the term of a member of the board expires, the Board of
Chiropractic Examiners board shall mail send a notice of the
election of the board and the method of qualifying as a
candidate to each active licensed chiropractor in the district
where the vacancy occurs at according to his or her permanent
mailing address. The election provided for in this section
subsection shall be conducted by an independent agency such as
a certified public accounting firm unless there is only one
candidate for the board and in this situation, the board shall
certify announce the results. The board shall set a period for
candidates to qualify and the date for the ballots to be
mailed sent. Candidates shall qualify by submitting their name
to the executive director of the board during the qualifying
period which shall be not less than 20 days nor more than 40
days after the notice is mailed sent. Not less than 14 days
after the deadline for qualification, each licensed
chiropractor shall be mailed sent a ballot for the appropriate
congressional district where the vacancy is to be filled. In
order to be counted, the ballots shall be returned by mail to
the independent agency postmarked and time stamped not later
than 14 business days after the ballots were mailed sent by
the board independent agency . The results of the election
shall be certified by the independent agency. The ballots
shall be maintained for a period of six months by the
independent agency. The candidate with a simple majority of
the votes cast in each respective congressional district shall
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the votes cast in each respective congressional district shall
be elected to the board position for that congressional
district. In the event no candidate in a district receives a
majority of the votes, the board shall hold a run-off election
in the same manner as provided in this subsection. The members
of the board shall take office immediately upon at the first
meeting of the board after the election and the executive
director of the board shall set the date of the first meeting
of the board after the election of the new board.
(d)(e) Whenever a vacancy occurs on the board, whether
by death, resignation of a member, or other cause, the vacancy
shall be filled in the same manner as the original election or
appointment for the remainder of the term of office.
(e)(f)(1) The board may employ investigators,
inspectors, attorneys, and any other agents, employees, and
assistants as may from time to time be necessary, and may use
any other means necessary to bring about and maintain a rigid
administration and enforcement of state and federal law.
(2) The board shall have the power to may issue
subpoenas and compel the attendance of witnesses and the
production of all necessary papers, books, records,
documentary evidence and materials, or other evidence. Any
person individual failing or refusing to appear or testify
regarding any matter about which he or she may be lawfully
questioned or to produce any papers, books, records,
documentary evidence or materials, or other evidence in the
matter to be heard, after having been required by order of the
board or by a subpoena of the board to do so, upon application
by the board to any circuit judge of this state, may be
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by the board to any circuit judge of this state, may be
ordered to comply therewith ; and, upon. Upon failure to comply
with the order of the circuit judge, the court may compel
obedience by attachment as for contempt as in case of
disobedience of a similar order or subpoena issued by the
court. The president and or secretary-treasurer of the board
shall have authority to may issue subpoenas , and any board
member shall have authority to may administer oaths to
witnesses, or to take their affirmation. A subpoena or other
process of paper may be served upon any person named therein,
anywhere within the State of Alabama this state, by any
officer authorized to serve subpoenas or other process or
paper in civil actions, in the same manner as is prescribed by
law for subpoenas issued out of the circuit courts of this
state, the fees and mileage and other costs to be paid as the
board directs.
(f)(g) The board shall employ an executive director who
shall be responsible for the administration of board policy.
The executive director may be licensed to practice
chiropractic in this state as provided in this article .
(g)(h) The board shall publish annually a directory
listing all permit holders and all persons licensed to
practice chiropractic in Alabama this state. Copies of the
directory shall be made available from the executive director
at a cost set from time to time by rule of the board.
(h)(i) The membership of the board shall be inclusive
and reflect the racial, gender, geographic, urban/rural urban,
rural, and economic diversity of the state.
(i)(j) Each member of the board shall meet all
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(i)(j) Each member of the board shall meet all
qualifications to be a candidate for his or her seat on the
board during his or her entire term. Any member who fails to
continue to meet the qualifications for his or her seat shall
forfeit his or her seat on the board and resign or the board
seat shall be declared vacant by the board."
"§34-24-145
(a) The State Board of Chiropractic Examiners is hereby
authorized to may establish a preceptorship and extern program
whereby chiropractic students enrolled in their last year at
board-approved chiropractic colleges accredited by the Council
of Chiropractic Education and recent chiropractic graduates of
such schools colleges may be issued a limited license to
practice chiropractic under the direct on-premises supervision
of a sponsor licensed to practice chiropractic in the State of
Alabama this state, and in the case of chiropractic students,
also under the supervision of the school college. A sponsor
may not supervise more than one student or graduate at one
time. The limited license shall expire immediately upon the
board issuing the results of the second licensure examination
A student or graduate practicing chiropractic pursuant to this
section may not use the title "chiropractic," "D.C.," or any
word or title to induce the belief that he or she is engaged
in the practice of chiropractic .
(b) The State Board of Chiropractic Examiners shall
prohibit the use of more than one limited license student or
graduate to one sponsor licensed to practice chiropractic.
(c)(b) The State Board of Chiropractic Examiners is
empowered to establish board may adopt rules and regulations
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empowered to establish board may adopt rules and regulations
for the implementation of to implement this section,
including, but not limited to, providing academic,
professional, and character requirements for eligible
participants, defining the permitted scope of practice of the
limited licensee a student or graduate practicing chiropractic
pursuant to this section , and requiring fees for
participation.
(d)(c) The State Board of Chiropractic Examiners board
shall implement and perform all powers and duties transferred
to it pursuant to Act 81-217, H. 213, 1981 Regular Session
(Acts 1981, p. 271)."
"§34-24-165
(a) Every license to practice chiropractic or permit to
own a chiropractic practice shall be subject to renewal on
September 30 of the year for which it is issued with a grace
period from October 1 to December 31 of each year. Every
person having a valid license or permit may on or before
September 30 renew the license or permit for the ensuing year
by the payment to the board of a fee of not more than four
hundred dollars ($400), the exact amount to be fixed by rule
of the board, adopted in accordance with the Alabama
Administrative Procedure Act , subject to the condition that no
increase or decrease in any one year shall exceed twenty-five
dollars ($25). The license renewal shall be accompanied by
satisfactory evidence that the person has completed during the
preceding year a minimum of 18 hours of professional
educational work approved by the board. The permit renewal
shall be accompanied by satisfactory evidence that the primary
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shall be accompanied by satisfactory evidence that the primary
permit holder has completed the number of approved continuing
education hours in the manner set forth and required by rule
of the board. The board, for good and reasonable cause shown,
may waive the education requirement. The secretary-treasurer
or the executive director of the board shall notify each
licensee or permit holder at least 30 days prior to September
30 of each year of the due date for renewal. In addition to
the renewal fee, a late renewal penalty shall be assessed to
any licensee or permit holder who fails to pay the renewal fee
by September 30 of each year based on the following schedule:
(1) For renewal during the month of October, one
hundred dollars ($100).
(2) For renewal during the month of November, two
hundred dollars ($200).
(3) For renewal during the month of December, three
hundred dollars ($300).
A chiropractor may continue to practice or a permit
holder may continue to own a chiropractic practice until
December 31 of the year for which a license or permit is
issued subject to subsection (b).
(b) The license renewal and permit renewal shall be
accompanied by satisfactory evidence that the licensee or
primary permit holder has completed the number of approved
continuing education hours in the manner set forth and
required by rule of the board. The board, for good and
reasonable cause shown, may waive the education requirement.
(b)(c) A chiropractor may continue to practice or a
permit holder may continue to own a chiropractic practice
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permit holder may continue to own a chiropractic practice
until December 31 of the year for which a license or permit is
issued. Any license issued pursuant to this chapter shall be
automatically suspended if not renewed before January 1. Any
chiropractor whose license is automatically suspended shall be
reinstated if all conditions for renewal have been satisfied
and upon payment of a reinstatement fee on or before January
31. Any chiropractor who seeks reinstatement due to nonrenewal
after the above time January 31 shall comply with Section
34-24-176.
(c)(d) Any licensee who is no longer in active practice
may apply for retirement of his or her license by submitting
an affidavit to that effect on a form supplied by the
executive director. A licensee whose license is retired is
excused from the professional education requirement specified
in this article. The annual fee for maintenance of a retired
license may not be more than one-half of the amount required
by this article for an active license. Any license issued
pursuant to this section shall be automatically suspended if
not renewed before January 1. Any chiropractor whose license
is automatically suspended shall be reinstated if all
conditions for renewal have been satisfied and upon payment of
a reinstatement fee on or before January 31. Any chiropractor
who seeks reinstatement due to nonrenewal after the above time
shall comply with Section 34-24-176.
(d)(e) The board may waive or reduce annual
registration and the payment of fees while any licensee is
prevented from practicing chiropractic by reason of physical
disability, temporary active duty with any of the Armed Forces
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disability, temporary active duty with any of the Armed Forces
of the United States, or while any licensee is completely
retired from the practice of chiropractic. The waiver of fees
shall be effective so long as the disability, temporary active
duty, or complete retirement continues.
(e)(f) The board shall make adopt rules and regulations
as necessary and proper for effectuating or enforcing to
enforce this article.
(f)(g) In addition to other requirements established by
law and for the purpose of determining suitability for
reinstatement of a license to practice chiropractic, each
individual seeking reinstatement shall submit a complete set
of fingerprints to the board and the board shall submit the
fingerprints provided by any such individual to the State
Bureau of Investigations. The fingerprints shall be forwarded
by the State Bureau of Investigations to the Federal Bureau of
Investigation (FBI) for a national criminal history record
check. Costs associated with conducting a criminal history
background check shall be borne by the individual seeking
reinstatement. The board shall keep information received
pursuant to this section confidential, except that such
information received and relied upon in denying reinstatement
may be disclosed as may be necessary to support the denial.
This requirement also shall apply in the same manner to any
person who is not licensed as a chiropractor who applies for
reinstatement of his or her permit pursuant to Section
34-24-123(b).
(h) In addition to other requirements established by
law and for the purposes of determining suitability for
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law and for the purposes of determining suitability for
renewal, the board, in its discretion, may require an
individual seeking renewal of a license to practice
chiropractic, the board may require an individual to submit a
complete set of fingerprints to the board. The board shall
submit the fingerprints provided by any such individual to the
State Bureau of Investigations. The fingerprints shall be
forwarded by the State Bureau of Investigations to the FBI for
a national criminal history record check. Costs associated
with conducting a criminal history background check shall be
borne by the individual seeking renewal. The board shall keep
information received pursuant this section confidential,
except that such information received and relied upon in
denying the renewal may be disclosed as may be necessary to
support the denial. This requirement also shall apply in the
same manner to any person who is not licensed as a
chiropractor who applies for reinstatement or renewal of his
or her permit pursuant to Section 34-24-123(b).
(g)(i) The board shall also establish an inactive
license for persons individuals who desire to be licensed in
Alabama this state but who actually practice in another state.
The annual fee for maintenance of an inactive license shall be
one-half of the amount required by this section for an active
license."
Section 2. This act shall become effective immediately.
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