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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 331 Chiropractors
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1. The "practice of chiropractic" is defined as the science and
art of examination, diagnosis, adjustment, manipulation and treatment of
malpositioned articulations and structures of the body, both in inpatient
and outpatient settings. The adjustment, manipulation, or treatment shall
be directed toward restoring and maintaining the normal neuromuscular and
musculoskeletal function and health. It shall not include the use of
operative surgery, obstetrics, osteopathy, podiatry, nor the
administration or prescribing of any drug or medicine nor the practice of
medicine. The practice of chiropractic is declared not to be the practice
of medicine and operative surgery or osteopathy within the meaning of
chapter 334, RSMo, and not subject to the provisions of the chapter.
2. A licensed chiropractor may practice chiropractic as defined in
subsection 1 of this section by those methods commonly taught in any
chiropractic college recognized and approved by the board.
3. Chiropractors may advise and instruct patients in all matters
pertaining to hygiene, nutrition, and sanitary measures as taught in any
chiropractic college recognized and approved by the board.
4. The practice of chiropractic may include meridian
therapy/acupressure/acupuncture with certification as required by the
board. (RSMo 1939 § 10051, A.L. 1969 H.B. 85, A.L. 1982 S.B. 520, A.L.
1995 S.B. 69, et al., A.L. 2004 H.B. 1246)
Prior revision: 1929 § 13546
(1980) Under city zoning ordinance which allowed owner and occupant of
dwelling in residential district to use such dwelling for practice of his
profession as a "physician" and defined "physician" as "Any regularly
State licensed or State authorized practitioner of the art of healing the
physical ailments of human beings," the practice of chiropractic by
state-licensed chiropractor was a permitted use under the zoning
ordinance. City of St. Ann v. Crump (A.), 607 S.W.2d 706.
Whenever in this chapter occurs the word "board", or "the
board", such words shall be construed to mean the state board of
chiropractic examiners. (RSMo 1939 § 10061)
Prior revision: 1929 § 13556
1. No person shall engage in the practice of chiropractic
without having first secured a chiropractic license as provided in this
chapter.
2. Any person desiring to procure a license authorizing the person to
practice chiropractic in this state shall be at least twenty-one years of
age and shall make application on the form prescribed by the board. The
application shall contain a statement that it is made under oath or
affirmation and that representations contained thereon are true and
correct to the best knowledge and belief of the person signing the
application, subject to the penalties of making a false affidavit or
declaration, and shall give the applicant's name, address, age, sex, name
of chiropractic schools or colleges which the person attended or of which
the person is a graduate, and such other reasonable information as the
board may require. The applicant shall give evidence satisfactory to the
board of the successful completion of the educational requirements of
this chapter, that the applicant is of good moral character, and that the
chiropractic school or college of which the applicant is a graduate is
teaching chiropractic in accordance with the requirements of this
chapter. The board may make a final determination as to whether or not
the school from which the applicant graduated is so teaching.
3. Before a person shall be eligible to sit for a practical examination,
the applicant shall furnish evidence satisfactory to the board that the
applicant has received, prior to entering chiropractic college, a minimum
of sixty credit hours, leading to a baccalaureate degree, from a
preprofessional college, which credit must be in those subjects, hours
and course content as may be provided for by the Council on Chiropractic
Education or, in the absence of the Council on Chiropractic Education or
its provision for such subjects, hours and course content, as adopted by
rule of the board. The examination applicant shall also provide evidence
satisfactory to the board of having graduated from a chiropractic college
having status with the Commission on Accreditation of the Council on
Chiropractic Education or its successor. Any senior student in a
chiropractic college having status with the Commission on Accreditation
on the Council on Chiropractic Education or its successor may take a
practical examination administered or approved by the board under such
requirements and conditions as are adopted by the board by rule, but no
license shall be issued until all of the requirements for licensure have
been met.
4. Each applicant shall pay upon application an application or
examination fee. All moneys collected pursuant to the provisions of this
chapter shall be nonrefundable and shall be collected by the director of
the division of professional registration who shall transmit it to the
department of revenue for deposit in the state treasury to the credit of
the chiropractic board fund. Any person failing to pass a practical
examination administered or approved by the board may be reexamined upon
fulfilling such requirements, including the payment of a reexamination
fee, as the board may by rule prescribe.
5. Every applicant for licensure by examination shall have taken and
successfully passed all required and optional parts of the written
examination given by the National Board of Chiropractic Examiners,
including the written clinical competency examination, under such
conditions as established by rule of the board, and all applicants for
licensure by examination shall successfully pass a practical examination
administered or approved by the board and a written examination testing
the applicant's knowledge and understanding of the laws and regulations
regarding the practice of chiropractic in this state. The board shall
issue to each applicant who meets the standards and successful completion
of the examinations, as established by rule of the board, a license to
practice chiropractic. The board shall not recognize any correspondence
work in any chiropractic school or college as credit for meeting the
requirements of this chapter.
6. The board shall issue a license without examination to persons who
have been regularly licensed to practice chiropractic in any other state,
territory, or the District of Columbia, or in any foreign country,
provided that the regulations for securing a license in the other
jurisdiction are equivalent to those required for licensure in the state
of Missouri, when the applicant furnishes satisfactory evidence that the
applicant has continuously practiced chiropractic for at least one year
immediately preceding the applicant's application to the board and that
the applicant is of good moral character, and upon the payment of the
reciprocity license fee as established by rule of the board. The board
may require an applicant to successfully complete the special purposes
examination for chiropractic (SPEC) administered by the National Board of
Chiropractic Examiners if the requirements for securing a license in the
other jurisdiction are not equivalent to those required for licensure in
the state of Missouri at the time application is made for licensure under
this subsection.
7. Any applicant who has failed any portion of the practical examination
administered or approved by the board three times shall be required to
return to an accredited chiropractic college for a semester of additional
study in the subjects failed, as provided by rule of the board.
8. A chiropractic physician currently licensed in Missouri shall apply to
the board for certification prior to engaging in the practice of meridian
therapy/acupressure/acupuncture. Each such application shall be
accompanied by the required fee. The board shall establish by rule the
minimum requirements for the specialty certification under this
subsection. "Meridian therapy/acupressure/acupuncture" shall mean methods
of diagnosing and the treatment of a patient by stimulating specific
points on or within the body by various methods including but not limited
to manipulation, heat, cold, pressure, vibration, ultrasound, light,
electrocurrent, and short-needle insertion for the purpose of obtaining a
biopositive reflex response by nerve stimulation.
9. The board may through its rulemaking process authorize chiropractic
physicians holding a current Missouri license to apply for certification
in a specialty as the board may deem appropriate and charge a fee for
application for certification, provided that:
(1) The board establishes minimum initial and continuing educational
requirements sufficient to ensure the competence of applicants seeking
certification in the particular specialty; and
(2) The board shall not establish any provision for certification of
licensees in a particular specialty which is not encompassed within the
practice of chiropractic as defined in section 331.010. (RSMo 1939 §
10054, A.L. 1945 p. 637, A.L. 1947 V. I p. 225, A. 1949 H.B. 2071, A.L.
1969 H.B. 85, A.L. 1981 S.B. 16, A.L. 1988 S.B. 598, A.L. 1993 S.B. 52,
A.L. 1995 S.B. 3, A.L. 1997 S.B. 141, A.L. 2004 H.B. 1246)
Prior revision: 1929 § 13549
Notwithstanding any other provision of law to the contrary, the
board of chiropractic examiners may issue a temporary license to practice
chiropractic as follows:
(1) To a chiropractor holding a current and unrestricted license to
practice chiropractic issued pursuant to the laws of a state other than
Missouri;
(2) A temporary license issued pursuant to this section shall be valid
for a maximum period of ninety days and the board shall not issue more
than two temporary licenses to an applicant during any calendar year;
(3) An applicant for a temporary license shall submit to the board a
complete application on a form prescribed by the board, pay an
application fee as determined by rule of the board and furnish proof
satisfactory to the board that the applicant meets all requirements for
licensure, or examination therefor, as set forth in section 331.030;
(4) In addition to all other requirements herein, an applicant for a
temporary license pursuant to this section shall include with such
applicant's application the name of the chiropractic school or college
from which the applicant graduated and the date of such graduation, and
evidence of such applicant's current and unrestricted licensure in
another state, including the number of such license and a photocopy
thereof along with any other evidence deemed necessary by the board;
(5) All provisions of this chapter that apply to applicants for and
holders of licenses to practice chiropractic, other than as specified in
this section, shall apply to applicants for and holders of temporary
licenses, including the board's authority to conduct any investigation
the board considers appropriate to verify an applicant's credentials,
moral character and fitness to receive a temporary license and the
board's authority to take actions pursuant to the provisions of this
chapter or any other provision of state law. The board of chiropractic
examiners may adopt rules the board considers necessary to implement the
provisions of this section. Any rule or portion of a rule, as that term
is defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
2001 H.B. 567)
Chiropractic practitioners shall be subject to the state and
municipal regulations relating to the control of contagious diseases, the
reporting and certifying of deaths, and all matters pertaining to public
health, and such reports shall be accepted by the officer or department
to whom such report is made. (RSMo 1939 § 10056)
Prior revision: 1929 § 13551
No chiropractor licensed under the provisions of this chapter
while acting as a member of an insurance peer review committee
functioning for the sole purpose of arbitrating insurance claims shall be
liable in damages to any person subject to the actions of the committee
for any decision or recommendation made by the committee or by a person
acting in his official capacity as a member of any such committee if the
decision or recommendation was made within the scope and function of the
committee and if the decision or recommendation was made without malice
and was supported by creditable evidence upon consideration of the record
made available. (L. 1975 H.B. 479 § 1)
1. All persons once licensed to practice chiropractic in this
state shall pay on or before the license renewal date a renewal license
fee and shall furnish to the board satisfactory evidence of the
completion of the requisite number of hours, which shall not be less than
twelve hours nor more than twenty-four hours per year, of postgraduate
study or not less than twenty-four hours nor more than forty-eight hours
if renewal occurs biennially. The postgraduate study required shall be a
course of study approved by the board. The requisite number of hours is
to be determined by the board. The board may set the requisite number of
hours between the range of twelve to twenty-four hours, but may not
increase the number of hours in excess of twelve hours by more than four
hours in any two-year period. The board shall give advance notice of one
year to all chiropractors licensed in the state before increasing the
number of required hours. The educational requirements may be waived by
the board upon presentation to it of satisfactory evidence of the illness
of the chiropractor or for other good cause. A notice that the renewal
fee will be due on the renewal date shall, on or before the first day of
the month immediately preceding the renewal date, be mailed to all
chiropractors licensed in the state for more than three months. Each
practitioner of chiropractic shall display in his or her office, in a
conspicuous place, his or her renewal license together with his or her
original license showing that such practitioner of chiropractic is
lawfully entitled to practice chiropractic. Failure of the licensee to
receive the renewal form shall not relieve the licensee of the duty to
renew his or her license and pay the fee required by this chapter.
2. Any licensee who allows his or her license to lapse by failing to
renew the license as provided in sections 331.010 to 331.100 may be
reinstated upon satisfactory explanation of such failure to renew his or
her license and the payment of a reactivation fee and the current renewal
fee. Any delinquent licensee who has been out of active practice for more
than five years shall be required to return to an accredited chiropractic
college for a semester of additional study in the clinical subjects prior
to the board reviewing his or her request for reinstatement, and to pass
a practical examination administered by the board.
3. Notwithstanding any law to the contrary any person licensed pursuant
to this chapter may apply to the state board of chiropractic examiners
for an inactive license status on a form furnished by the board. Upon
receipt of the completed inactive status application form and the board's
determination that the license meets the requirements established by rule
the board shall place the license on inactive status. A person whose
license is inactive or who has discontinued the practice of chiropractic
because of retirement shall be allowed to practice only on himself or
herself and such person's immediate family.
4. During any period of inactive status the licensee shall not be
required to comply with the board's requirements for continuing education.
5. If a licensee is granted inactive status the licensee may return to
active status within five years of the license being placed on inactive
status by notifying the board in advance in writing, paying the
appropriate fees, and meeting all established requirements of the board
as defined by rule excluding the licensing examination as a condition of
reinstatement. (RSMo 1939 § 10057, A.L. 1945 p. 637, A.L. 1947 V. I p.
225, A.L. 1969 H.B. 85, A.L. 1981 S.B. 16, A.L. 1987 H.B. 667, et al.,
A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2004 H.B. 1246)
Prior revision: 1929 § 13552
1. The board may refuse to issue any certificate of registration
or authority, permit or license required pursuant to this chapter for one
or any combination of causes stated in subsection 2 of this section. The
board shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by this chapter or any person who has failed to renew or has
surrendered his certificate of registration or authority, permit or
license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent* that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;
(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;
(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
school;
(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter granted by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;
(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed. False, misleading or deceptive
advertisements or solicitations shall include, but not be limited to:
(a) Promises of cure, relief from pain or other physical or mental
condition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering or promising a free
service. Nothing herein shall be construed to make it unlawful to offer a
service for no charge if the offer is announced as part of a full
disclosure of routine fees including consultation fees;
(d) Any misleading or deceptive claims of patient cure, relief or
improved condition; superiority in service, treatment or materials; new
or improved service, treatment or material, or reduced costs or greater
savings. Nothing herein shall be construed to make it unlawful to use any
such claim if it is readily verifiable by existing documentation, data**
or other substantial evidence. Any claim which exceeds or exaggerates the
scope of its supporting documentation, data or evidence is misleading or
deceptive;
(e) Failure to use the term "chiropractor", "doctor of chiropractic",
"chiropractic physician", or "D.C." in any advertisement, solicitation,
sign, letterhead, or any other method of addressing the public;
(f) Attempting to attract patronage in any manner which castigates,
impugns, disparages, discredits or attacks other healing arts and
sciences or other chiropractic physicians;
(15) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government;
(16) Failure or refusal to properly guard against contagious, infectious
or communicable diseases or the spread thereof;
(17) Fails to maintain a chiropractic office in a safe and sanitary
condition;
(18) Engaging in unprofessional or improper conduct in the practice of
chiropractic;
(19) Administering or prescribing any drug or medicine or attempting to
practice medicine, surgery, or osteopathy within the meaning of chapter
334, RSMo;
(20) Being unable to practice as a chiropractic physician with reasonable
skill and safety to patients because of one of the following:
professional incompetency; illness, drunkenness, or excessive use of
drugs, narcotics, or chemicals; any mental or physical condition. In
enforcing this subdivision the board shall, after a hearing before the
board, upon a finding of probable cause, require the chiropractor for the
purpose of establishing his competency to practice as a chiropractic
physician to submit to a reexamination, which shall be conducted in
accordance with rules adopted for this purpose by the board, including
rules to allow the examination of the chiropractic physician's
professional competence by at least three chiropractic physicians, or to
submit to a mental or physical examination or combination thereof by at
least three physicians. One examiner shall be selected by the
chiropractic physician compelled to take the examination, one selected by
the board, and one shall be selected by the two examiners so selected.
Notice of the physical or mental examination shall be given by personal
service or certified mail. Failure of the chiropractic physician to
submit to an examination when directed shall constitute an admission of
the allegations against him, unless the failure was due to circumstances
beyond his control. A chiropractic physician whose right to practice has
been affected under this subdivision shall, at reasonable intervals, be
afforded an opportunity to demonstrate that he can resume competent
practice with reasonable skill and safety to patients.
(a) In any proceeding under this subdivision, neither the record of
proceedings nor the orders entered by the board shall be used against a
chiropractic physician in any other proceeding. Proceedings under this
subdivision shall be conducted by the board without the filing of a
complaint with the administrative hearing commission;
(b) When the board finds any person unqualified because of any of the
grounds set forth in this subdivision, it may enter an order imposing one
or more of the following: denying his application for a license;
permanently withholding issuance of a license; administering a public or
private reprimand; suspending or limiting or restricting his license to
practice as a chiropractic physician for a period of not more than five
years; revoking his license to practice as a chiropractic physician;
requiring him to submit to the care, counseling or treatment of
physicians designated by the chiropractic physician compelled to be
treated. For the purpose of this subdivision, "license" includes the
certificate of registration, or license, or both, issued by the board.
3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the board
may, singly or in combination:
(1) Censure or place the person named in the complaint on probation on
such terms and conditions as the board deems appropriate for a period not
to exceed five years; or
(2) May suspend the license, certificate or permit for a period not to
exceed three years; or
(3) Revoke the license, certificate or permit.
4. If at any time after disciplinary sanctions have been imposed under
this section or under any provision of this chapter, the licensee removes
himself from the state of Missouri, ceases to be currently licensed under
the provisions of this chapter, or fails to keep the Missouri state board
of chiropractic examiners advised of his current place of business and
residence, the time of his absence, or unlicensed status, or unknown
whereabouts shall not be deemed or taken as any part of the time of
discipline so imposed. (RSMo 1939 § 10058, A.L. 1969 H.B. 85, A.L. 1971
H.B. 78, A.L. 1972 S.B. 609, A.L. 1981 S.B. 16, A.L. 1987 H.B. 667, et
al.)
Prior revision: 1929 § 13553
*Word "extend" appears in original rolls, apparent typographical error.
**Word "date" appears in original rolls, apparent typographical error.
CROSS REFERENCE: Administrative procedure and review, Chap 536, RSMo
(1963) State board of chiropractic examiners had statutory power to
revoke license of chiropractic doctor, who had administered and
prescribed ear drops, vitamins and placebo pills in his professional
capacity to a patient for which he expected to make a charge for
professional services. State ex rel. Gibson v. Missouri Board of
Chiropractic Examiners (A.), 365 S.W.2d 773.
(1998) Subdivision (14) of subsection 2 does not require an intent to use
false, misleading or deceptive advertising for discipline purposes. Seger
v. Downey, 969 S.W.2d 298 (E.D.Mo.).
1. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter. All fees provided for in this chapter shall
be collected by the director of the division of professional registration
who shall transmit them to the department of revenue for deposit in the
state treasury to the credit of a fund to be known as the "State Board of
Chiropractic Examiners' Fund". All the salaries and expenses for the
operation of the board shall be appropriated and paid from such fund;
provided, however, the board shall create no expense exceeding the sum
received from time to time as fees.
2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (RSMo 1939 § 10059, A.L.
1969 H.B. 85, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99)
Prior revision: 1929 § 13554
Any person who shall practice chiropractic or attempt to
practice chiropractic, or who shall use the title of doctor of
chiropractic, or any word, title, or letters, to induce belief that he is
engaged in the practice of chiropractic, without first complying with the
provisions of this chapter, or any person who shall buy, sell, or
fraudulently obtain any diploma or license to practice chiropractic shall
be deemed guilty of a class A misdemeanor. It shall be the duty of the
several prosecuting attorneys of this state to prosecute all persons
charged with the violation of any provision of this chapter, and it shall
be the duty of the executive secretary of the board, under the direction
of said board, to aid said attorneys of this state, in the enforcement of
this chapter. (RSMo 1939 § 10060, A.L. 1981 S.B. 16)
Prior revision: 1929 § 13555
1. Upon application by the board, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:
(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required by this chapter upon a showing that such acts or
practices were performed or offered to be performed without a certificate
of registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a substantial probability
of serious danger to the health, safety or welfare of any resident of
this state or client or patient of the licensee.
2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.
3. Any action brought pursuant to this section shall be in addition to
and not in lieu of any penalty provided in this chapter and may be
brought concurrently with other actions to enforce the provisions of this
chapter.
4. Nothing in this section shall be construed to prohibit a person
licensed or registered pursuant to chapter 334, RSMo, whose license is in
good standing from acting within the scope of his or her practice. (L.
1999 H.B. 343 merged with S.B. 8 & 173)
1. The "Missouri State Board of Chiropractic Examiners" shall
consist of five chiropractors, not more than two of whom shall be
graduated from the same school or college of chiropractic, and one voting
public member, to be appointed by the governor, with the advice and
consent of the senate, from nominees submitted by the director of the
division of professional registration, for a term of five years; except
that, of the chiropractic members appointed for the terms which begin in
1989, one shall be appointed for a term of three years and one for a term
of four years, of the chiropractic members appointed for the terms which
begin in 1990, one shall be appointed for a term of four years and one
shall be appointed for a term of five years, and the chiropractic member
appointed for the term which begins in 1991 shall be appointed for a term
of five years. Beginning in 2002, all successors to members shall be
appointed to terms of four years from the date of their appointment and
until their successors have been appointed and qualified. Each member
shall be limited to two full consecutive terms. A member may be removed
by the governor for incompetence or improper conduct. The chiropractors
shall be United States citizens and shall have been residents of this
state for one year and shall have practiced chiropractic continuously for
a period of at least two years prior to such appointment. No person shall
be appointed to the state board of chiropractic examiners who practices
any other method of healing than chiropractic as defined in this chapter.
The president of the Missouri State Chiropractors Association in office
at the time shall, at least ninety days prior to the expiration of the
term of a board member, other than the public member, or as soon as
feasible after a vacancy on the board otherwise occurs, submit to the
director of the division of professional registration a list of five
chiropractors qualified and willing to fill the vacancy in question, with
the request and recommendation that the governor appoint one of the five
persons so listed, and with the list so submitted, the president of the
Missouri State Chiropractors Association shall include in his or her
letter of transmittal a description of the method by which the names were
chosen by that association.
2. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to this chapter
or the spouse of such person; and a person who does not have and never
has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure. (RSMo 1939 § 10052, A.L. 1981 S.B. 16, A.L. 1988
S.B. 598, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)
Prior revision: 1929 § 13547
CROSS REFERENCE: Public member, additional duties, RSMo 620.132
1. The board shall elect a president and secretary at the first
regular meeting held after January first of each year. Each member of the
board shall receive as compensation for his services the sum of fifty
dollars per day while discharging the actual duties of the board, and
each member shall receive necessary traveling expenses while actually
engaged in the performance of his duties as a member of the board.
2. The board shall have a common seal, and shall adopt rules and
regulations for the application and enforcement of this chapter. The
president and secretary shall have power to administer oaths. Four
members shall constitute a quorum. They shall publish the dates and
places for examinations at least thirty days prior to the meeting. The
board shall create no expenses exceeding the sums received from time to
time as herein provided.
3. The board shall employ such board personnel as may be necessary to
carry out the provisions of this chapter. Board personnel shall include
an executive secretary or comparable position, inspectors, investigators,
attorneys, and secretarial support staff for these positions.
4. Board personnel shall have their duties and compensation prescribed by
the board within appropriations for that purpose, except that
compensation for board personnel shall not exceed that established for
comparable positions, as determined by the board, under the job and pay
plan of the department of economic development.
5. Members of the board shall not be personally liable either jointly or
separately for any act or acts committed in the performance of their
official duties as board members except gross negligence. (RSMo 1939 §
10053, A. 1949 H.B. 2071, A.L. 1969 H.B. 85, A.L. 1980 H.B. 1266, A.L.
1981 S.B. 16)
Prior revision: 1929 § 13548
CROSS REFERENCE: Rules and regulations to be filed with secretary of
state, Chap. 536, RSMo
1. Chiropractors shall maintain an adequate and complete patient
record for each patient and may maintain electronic records provided that
the record-keeping format is capable of being printed for review by the
state board of chiropractic examiners. An adequate and complete patient
record shall include documentation of the following information:
(1) Identification of the patient including name, birth date, address,
and telephone number;
(2) The date or dates the patient was seen;
(3) The current status of the patient including the reason for the visit;
(4) Observation of pertinent physical findings;
(5) Assessment and clinical impression or diagnosis, to the extent
authorized by section 331.010;
(6) Plan for care and treatment or additional consultations or diagnostic
testing, if necessary, to the extent authorized by section 331.010;
(7) Any informed consent for office procedures or tests, to the extent
authorized by section 331.010.
2. Patient records remaining under the care, custody, and control of the
licensee shall be maintained by the licensee of the board or the
licensee's designee for a minimum of seven years from the date of when
the last professional service was provided.
3. Any correction, addition, or change in any patient record made more
than forty-eight hours after the final entry is entered in the record and
signed by the chiropractor shall be clearly marked and identified as such
and the date, time, and name of the person making the correction,
addition, or change shall be included as well as the reason for the
correction, addition, or change.
4. The board shall not initiate disciplinary action under section 331.060
against a licensee solely based on a violation of this section. If the
board initiates disciplinary action against the licensee for any reason
other than a violation of this section the board may allege violation of
this section as an additional cause for discipline under section 331.060.
5. The board shall not obtain a medical record of a patient without
written authorization from the patient to obtain the medical record or
the issuance of a subpoena for the medical record of the patient. (L.
2004 H.B. 1246)
A chiropractic physician licensed outside of this state shall
not be required to obtain a Missouri license when:
(1) In consultation as a result of transmission of individual patient
data by electronic or other means from within this state to an
out-of-state licensed chiropractor with a chiropractor licensed to
practice in this state, so long as a chiropractor licensed in this state
retains ultimate authority and responsibility for the diagnosis or
treatment in the care of the patient located within this state; or
(2) Evaluating a patient or rendering an oral or written chiropractic
opinion, in connection with providing testimony or reviewing records for
the purpose of any civil, criminal, or administrative proceeding in this
state. (L. 2004 H.B. 1246)
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