HB 2846
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2846: chiropractic board; regulation; unprofessional conduct
Sponsor: Representative Pingerelli, LD 28
Committee on Science & Technology
Overview
Revises the regulation of chiropractors by expanding grounds for disciplinary action,
modifying licensure requirements to use the exam from the National Board of Chiropractic
Examiners (NBCE), requiring fingerprint clearance for applicants and modifying the
regulatory authority of the State Board of Chiropractic Examiners (Board).
History
Established in 1921, the Board was created to protect the health, welfare and safety of the
public through the enforcement of the laws governing the practice of chiropractic. The Board
accomplishes this by investigating complaints, administering disciplinary actions and
establishing education and training standards for the profession (A.R.S. § 32-904).
Statute describes the actions that constitute grounds for disciplinary action of a Doctor of
Chiropractic (DC) by the Board. Upon the Board's own motion or on receipt of a complaint, it
is authorized to investigate any information that appears to show that a DC is or may be in
violation of the laws and Board rules that govern the practice of chiropractic in Arizona, or
that indicates the DC may be mentally or physically unable to safely engage in the practice
of chiropractic. The Board must notify the licensee as to the content of the complaint as soon
as is reasonable. Any person who reports or provides information to the Board in good faith
is not subject to civil damages as a result of that action. The Board may require a licensee
under investigation to be interviewed by the Board or its representatives and require a
licensee to undergo, at the licensee's expense, any combination of medical, physical or mental
examinations that the Board finds necessary to determine the licensee's competence (A.R.S.
§ 32-924).
Provisions
Grounds for Disciplinary Action
1. Expands and modifies variously the list of grounds for disciplinary action against
chiropractors to include:
a) a broader list of the types and uses of drugs that impair a chiropractor's ability to
practice;
b) incompetent or negligent practice, substandard care or performing services not
clinically needed;
c) a broader category of sexual conduct, including recent former patients as well as
current patients, and including making sexual advances as well as actual sexual acts;
d) sexually harassing patients, former patients, research subjects, supervisees or
coworkers;
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e) fraud or improper billing, false claims or providing unnecessary services;
f) failing to report evidence of a chiropractor's unprofessional conduct or impairment;
g) falsely reporting that another chiropractor is impaired or guilty of unprofessional
conduct;
h) a business entity restricting a chiropractor's judgment or interfering with a
chiropractor's compliance with the law;
i) various kinds of fee-splitting or referral payments;
j) referral decisions based on negotiated discounts;
k) exploiting a patient for financial gain;
l) retaliating against patients, former patients, research subjects, supervisees,
coworkers, witnesses or complainants in a disciplinary proceeding;
m) interfering in or subverting a board investigation;
n) improperly managing patient health records;
o) revealing confidential information; and
p) failing to notify the Board within 10 days about an out-of-state license revocation.
(Sec. 10)
2. Adds that the grounds for disciplinary action also apply to chiropractic assistants and
business entities. (Sec. 10)
3. Asserts that, for the application of grounds for disciplinary action, patient status is
neither dependent on billing for chiropractic services nor the establishment of a doctor-
patient relationship. (Sec. 10)
Licensure Requirements
4. Makes various modifications to licensure qualifications, including adding that applicants
must pass the Jurisprudence Examination on Board statutes and rules with a score of at
least 75%. (Sec. 4)
5. Removes the current examination structure and replaces it with requiring a certificate of
attainment for parts I and II, and a score of at least 375 on parts III and IV, of the NBCE
examination. (Sec. 5)
6. Repeals the reciprocity statute for the licensure of chiropractors licensed in other states.
(Sec. 6)
7. Adds that it is unlawful to practice chiropractic after the Board places one on retired
status, and not only inactive status. (Sec. 11)
8. Increases required continuing education requirements, from 12 hours per calendar year,
to 32 hours during the two-year licensure period immediately preceding renewal. (Sec.
13)
9. Modifies how continuing education courses must be provided and directs the Board to set
further requirements by rule. (Sec. 13)
Fingerprint Clearance Cards
10. Requires, beginning on January 1, 2026, all license applicants to obtain a fingerprint
clearance card. (Sec. 4)
11. Includes the Board in the list of state agencies included in the fingerprint clearance card
statutes. (Sec. 15-17)
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Miscellaneous
12. Strikes the requirement that only a majority vote of the full Board may issue licenses; a
majority vote of a quorum present now governs all Board actions. (Sec. 2)
13. Authorizes the Board to set fees by rule instead of outlining fees in statute. (Sec. 3, 4, 5,
7, 8)
14. Directs the Board to enter into contracts for services necessary to enforce the laws
governing the practice of chiropractic in Arizona. (Sec. 3)
15. Lists several other entities whose documentation the Board can examine and copy in
connection with a Board investigation. (Sec. 12)
16. Defines business entity, registrant, supervision, compensation and good standing. (Sec. 1,
10, 14)
17. Makes technical and conforming changes. (Sec. 1-5, 7-17)