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 any
interference with normal nerve transmission and expression, the
procedure preparatory to and complementary to the correction
thereof by an adjustment of the articulations of the vertebral column,
its immediate articulation, and includes other incidental means of
adjustments of the spinal column and the practice of drugless
therapeutics. However, chiropractic does not include any of the
following:
(A) Prescription or administration of legend drugs or other
controlled substances.
(B) Performing of incisive surgery or internal or external
cauterization.
(C) Penetration of the skin with a needle or other instrument for
any purpose except for the purpose of blood analysis.
(D) Use of colonic irrigations, plasmatics, ionizing radiation
therapy, or radionics.
(E) Conducting invasive diagnostic tests or analysis of body
fluids except for urinalysis.
(F) The taking of x-rays of any organ other than the vertebral
column 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 this
chapter to practice the science of chiropractic.
(3) "Board" means the board of chiropractic examiners under
section 1.5 of this chapter.
(4) "Agency" refers to the Indiana professional licensing agency
under 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 of
members; 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 the
governor, not more than four (4) of whom may be affiliated with the
same political party. Six (6) of the board members must be licensed
under this chapter and must have had at least five (5) years of
experience 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 chiropractic
other than as a consumer.
(b) All members shall be appointed for a term of three (3) years
and serve until their successors are appointed and qualified. A
vacancy occurring on the board shall be filled by the governor by
appointment. Each appointed member shall serve for the unexpired
term of the vacating member.
(c) The members of the board are entitled to the minimum salary
per diem provided by IC 4-10-11-2.1(b). Members are also entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(d) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. The
officers serve for a term of one (1) year. The board shall meet at least
once each year and on other occasions as it considers necessary and
advisable. A meeting of the board may be called by its chairman or
by a majority of the members on the board. Four (4) members of the
board constitute a quorum for the transaction of business. All
decisions are required to be made by a majority vote of the quorum.
(e) The agency shall provide a secretary of the board and other
personnel necessary for the proper performance of the board's duties
and responsibilities under this chapter. The board, through the
agency, shall receive and account for all money collected under this
chapter and pay the money to the treasurer of state to be deposited by
the treasurer in the general fund of the state.
(f) The board may do the following:
(1) Establish reasonable application, examination, and renewal
procedures for certification under this chapter.
(2) Use an examination under this chapter that is designed by
the board, designed by another person, or designed in part by
the board and in part by another person.
(3) Conduct in the manner prescribed by the board
examinations of applicants for certification under this chapter.
The board may conduct any part of the examinations through a
person other than the agency who is approved by the board. The
agency may conduct any part of the examinations under
IC 25-1-5-4.
(4) Issue, deny, suspend, revoke, and renew certificates.
(5) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals certified or not certified under
this chapter, concerning alleged violation of this chapter with
hearings to be conducted in accordance with IC 4-21.5.
(6) Initiate the prosecution and enjoinder of a person violating
this chapter.
(7) Adopt rules necessary for the proper performance of the
board's duties, in accordance with IC 4-22-2.
(8) Maintain a current list of individuals certified under this
chapter.
(9) Establish a code of professional conduct.
(10) Adopt rules under IC 4-22-2 to allow chiropractors
licensed under this chapter to delegate the manual manipulation,
manual adjustment, or manual mobilization of the spinal
column or the vertebral column under section 14(c)(4) of this
chapter.
(11) Adopt rules under IC 4-22-2 establishing standards for the
registration and regulation of chiropractic management
consultants (as defined by the board under IC 25-10-2).
(12) Set fees for the annual registration of a chiropractic
management consultant under IC 25-10-2.
(g) The board shall adopt rules establishing standards for the
competent practice of the science of the chiropractic in accordance
with IC 4-22-2.
(h) All expenses incurred in the administration of this chapter
shall be paid from the state general fund upon appropriation being
made in the manner provided by law for the making of
appropriations.
As added by Acts 1981, P.L.222, SEC.103. Amended by
P.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 and
who has not been convicted of a crime that has a direct bearing on
the person's ability to practice competently is eligible to be licensed
to practice chiropractic in Indiana if the person is a graduate of an
incorporated chiropractic school or college incorporated for the
purpose of teaching the science of chiropractic. The school or college
must meet the reasonable requirements of the board and must be
accredited by the Accreditation Commission of the Council on
Chiropractic Education during the applicant's attendance at the
accredited school or college. The board may not discriminate against
a chiropractic school or college that meets these requirements.
(b) In addition to the requirements in subsection (a), an applicant
for a license to practice chiropractic must have completed at least
two (2) years (sixty (60) semester hours) of education in a college or
university of learning accredited by an accrediting agency that has
been approved by the United States Department of Education before
the applicant's training and education in a chiropractic school or
college.
(Formerly: Acts 1955, c.42, s.2; Acts 1973, P.L.252, SEC.6.) As
amended 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 practice
chiropractic shall be held at the times and places as the board shall
direct. The application for a license shall be accompanied by an
examination fee established by the board.
(b) Any applicant failing in any examination and being refused a
license shall be entitled to take a subsequent examination upon the
payment of an additional examination fee fixed by the board. An
applicant failing in any examination shall be entitled to take a
subsequent 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 of
Indiana and who have practiced chiropractic in the state of Indiana
for at least one (1) year immediately prior to December 1, 1954, shall
be exempted from the educational requirements as provided by this
chapter: provided, that application for a license and examination
shall be made within sixty (60) days after March 4, 1955. All such
applicants shall be given an examination in accordance with the
provisions of this chapter, to determine their ability to practice
chiropractic. Such applicants shall not be discriminated against by
the board for their participation in any legal proceedings brought
under the provisions of the former Indiana Medical Practice Act,
(Acts 1897, c.169, as amended) where the primary issue was the
practicing of chiropractic, as defined in this chapter, without having
a license to practice medicine. Such applications shall be
accompanied by the affidavits of two (2) freeholders stating therein
that the applicant has practiced chiropractic in this state for a period
of 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 established
by the board, be granted a license, without an examination, providing
that the applicant submits satisfactory evidence to the board that the
applicant has been licensed to practice chiropractic in another state
for at least three (3) years under qualifications substantially
equivalent to those specified in this chapter for a license to practice
chiropractic.
(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 graduate
of a chiropractic school to manually manipulate, manually adjust, or
manually mobilize the spinal column or vertebral column of an
individual 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 a
chiropractor licensed under this chapter.
(b) A temporary permit issued under this section expires on the
day after the board releases the results of the next examination given
by the board.
(c) The board may not issue a temporary permit under this section
to 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 licensing
agency of another state or jurisdiction; and
(2) meets the requirements established by the board under
section 1.5 of this chapter;
may be issued a temporary permit limited by terms and conditions
considered appropriate by the board. A temporary permit issued
under this section is valid for a nonrenewable period of not more
than 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 the
next renewal date described under subsection (b).
(b) All licenses issued by the board shall be subject to renewal
biennially on a date established by the licensing agency under
IC 25-1-5-4. A renewal license fee established by the board under
IC 25-1-8-2 must be paid to the board on or before the date
established by the licensing agency, and if not paid on or before that
date, the license expires and becomes invalid without any action
taken by the board.
(c) An individual whose license has been expired for not more
than three (3) years may have the license reinstated upon meeting the
requirements for reinstatement under IC 25-1-8-6(c).
(d) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the license
may have the license reinstated by satisfying the requirements for
reinstatement under IC 25-1-8-6(d).
(e) A license must be displayed in the office or the place of
practice 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 the
board. The conference or seminar may be conducted by an
established chiropractic organization or college. This requirement
does not apply to the applicant's first licensing year. If an applicant
fails to comply with this subsection, the applicant's license expires
and becomes invalid at midnight of the renewal date and may be
reinstated only upon application and the payment of a fee established
by the board and proper showing to the board that there has been a
makeup by the applicant of the omitted educational work.
(g) Any chiropractor licensed to practice chiropractic in this state
who intends to retire from practice shall notify the board in writing
of the chiropractor's intention to retire and shall surrender the license
to the board. Upon receipt of this notice and license, the board shall
record the fact that the chiropractor is retired and excuse the person
from further payment of license renewal fees and attendance at
license renewal seminars. If any chiropractor surrenders the license
to practice chiropractic in this state, the chiropractor's reinstatement
may be considered by the board on the chiropractor's written request.
If any disciplinary proceedings under this chapter are pending against
a chiropractor, the chiropractor may not surrender the license without
the written approval of the board.
(h) Any chiropractor licensed to practice chiropractic in this state
who intends to become inactive in the practice of chiropractic shall
notify the board in writing that the chiropractor will not maintain an
office or practice chiropractic in Indiana. The board shall then
classify the chiropractor's license as inactive. The renewal fee of the
inactive license is one-half (1/2) of the license renewal fee, and the
chiropractor shall not be required to attend license renewal seminars.
If a chiropractor holding an inactive license intends to maintain an
office or practice chiropractic, the chiropractor shall notify the board
of that intent. The board may reinstate that chiropractor's license
upon 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 conference
approved by the board for each year or portion of a year of
inactive license classification.
(i) The board shall discipline a practitioner of the chiropractic in
accordance 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 is
a graduate of a legally incorporated chiropractic school, institution
or college, and who can produce satisfactory evidence to the board
that his chiropractic education was interrupted by reason of his
induction or enlistment into the active armed forces of the United
States and that he received an honorable discharge from such forces,
shall be entitled to have his date of graduation determined as if he
had completed his course of study in chiropractic without such
interruption.
(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 governing
practice of medicine
Sec. 9. Nothing in this chapter shall in any manner repeal, modify,
or change any right, privilege, authority or license granted a
practitioner 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 in
the general fund of this state and shall be paid out only by warrant of
the auditor of state, upon the treasurer of state. All money
appropriated to the board shall be used for the purpose of
administering this chapter and may not be used for any other
purposes.
(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 a
chiropractor without a license to practice chiropractic in Indiana.
(b) A person who violates this chapter commits a Class A
misdemeanor.
(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 a
chiropractor licensed under this article may perform an act, duty, or
function that is within the specific scope of practice of the employing
chiropractor, if the act, duty, or function is:
(1) performed under the direction and supervision of the
employing chiropractor; and
(2) reported to the employing chiropractor.
(b) An employee of a chiropractor who is not licensed as a
chiropractor or a physician may not:
(1) make a diagnosis or prescribe a treatment; or
(2) manipulate, adjust, or mobilize the spinal column or
vertebral column of an individual.
(c) This section does not grant the employee of a chiropractor
independent practitioner status or the authority to perform patient
services 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 persons
listed in IC 25-22.5-1-2.
(b) A person may manually manipulate, manually adjust, or
manually mobilize the spinal column or the vertebral column of an
individual only if the person is:
(1) a chiropractor who has been issued a license under this
chapter;
(2) a physician who has been issued an unlimited license to
practice medicine under IC 25-22.5; or
(3) an osteopathic physician who has been issued a license to
practice osteopathic medicine under IC 25-22.5.
(c) A person may not delegate the manual manipulation, manual
adjustment, or manual mobilization of the spinal column or the
vertebral column of an individual to another person, unless the other
person is:
(1) licensed as a chiropractor under this chapter;
(2) licensed as a physician with an unlimited license to practice
medicine under IC 25-22.5;
(3) licensed as an osteopathic physician with a license to
practice osteopathic medicine under IC 25-22.5;
(4) a student in the final year of course work at an accredited
chiropractic school participating in a preceptorship program and
working under the direct supervision of a chiropractor licensed
under this chapter; or
(5) a graduate of a chiropractic school who holds a valid
temporary 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 violation
occurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit court
of 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 restraining
order, or other appropriate order.
(f) This section does not apply to a physical therapist practicing
under IC 25-27. However, a physical therapist may not practice
chiropractic (as defined in IC 25-10-1-1) or medicine (as defined in
IC 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 testimony
relating to records or reports of a licensed physician may be
admissible as evidence in the legal proceeding if the:
(1) chiropractor is qualified as an expert by the chiropractor's
knowledge, skill, experience, training, or education; and
(2) court is satisfied that the information is of the type
reasonably relied upon by other chiropractors.
As added by P.L.180-1997, SEC.1.