Subchapter A. GENERAL PROVISIONS


Sec.


5.1.    Definitions.
5.2.    Applicability of general rules.
5.3.    [Reserved].
5.4.    [Reserved].
5.5.    [Reserved].
5.6.    Fees.

§ 5.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Chiropractic Practice Act (63 P. S. § §  625.101—625.1106).

   Approved chiropractic college—A chiropractic college approved in accordance with section 303 of the act (63 P. S. §  625.303).

   Board—The State Board of Chiropractic of the Commonwealth.

   Bureau—The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth.

   Child abuse—A term meaning any of the following:

     (i)   A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.

     (ii)   An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.

     (iii)   A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.

     (iv)   Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.

   ChildLine—An organizational unit of the Department of Public Welfare which operates a 24-hour a day Statewide toll free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.

   Chiropractic specialty—A specialized area of chiropractic in which a licensee has achieved certification or diplomate status through a program approved by an approved chiropractic college that has established valid standards acceptable to the Board for the achievement of certification or diplomate status.

   Individual residing in the same home as the child—An individual who is 14 years of age or older and who resides in the same home as the child.

   Licensee—An individual holding an unrestricted license to practice chiropractic granted by the Board in accordance with the act and this chapter.

   NBCE—The National Board of Chiropractic Examiners.

   National Board of Examination—An examination developed, prepared, administered and graded by the NBCE.

   Perpetrator—A person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child’s parent.

   Person responsible for the child’s welfare—A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.

   Recent acts or omissions—Acts or omissions committed within 2 years of the date of the report to the Department of Public Welfare or county agency.

   Serious mental injury—A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:

     (i)   Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened.

     (ii)   Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.

   Serious physical injury—An injury that causes a child severe pain or significantly impairs a child’s physical functioning, either temporarily or permanently.

   Sexual abuse or exploitation—The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of sexually explicit conduct, for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct, or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.

Authority

   The provisions of this §  5.1 amended under sections 302 and 1101 of the Chiropractic Practice Act (63 P. S. § §  625.302 and 625.1101); and the Child Protective Services Law, 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  5.1 adopted July 29, 1965; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3807; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5376. Immediately preceding text appears at serial pages (208569) to (208570).

§ 5.2. Applicability of general rules.

 Under 1 Pa. Code §  31.1 (relating to scope of part) the provisions of 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) are applicable to practice and procedure before the Board, except if provided otherwise in the act or this chapter.

Authority

   The provisions of this §  5.2 amended under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.2 adopted July 11, 1975, effective July 12, 1975, 5 Pa.B. 1785; amended July 2, 1976, effective July 3, 1976, 6 Pa.B. 1585; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944. Immediately preceding text appears at serial page (130164).

§ 5.3. [Reserved].


Source

   The provisions of this §  5.3 adopted July 2, 1976, effective July 3, 1976, 6 Pa.B. 1585; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944. Immediately preceding text appears at serial page (130164).

§ 5.4. [Reserved].


Source

   The provisions of this §  5.4 adopted July 2, 1976, effective July 3, 1976, 6 Pa.B. 1585; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944. Immediately preceding text appears at serial pages (130164) and (154055).

§ 5.5. [Reserved].


Source

   The provisions of this §  5.5 adopted July 2, 1976, effective July 3, 1976, 6 Pa.B. 1585; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3807; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944. Immediately preceding text appears at serial pages (154055) to (154056).

§ 5.6. Fees.

 The Board will charge the following fees:

 Pennsylvania chiropractic law examination … $87

 Application for licensure by examination … $25

 Application for licensure by reciprocity … $65

 Biennial registration … $210

 Limited license … $30

 Adjunctive procedure certification … $25

 Certification of grades or licensure … $25

 Application for continuing education course approval … $30

 License restoration … $25

Authority

   The provisions of this §  5.6 issued under section 812.1 of The Administrative Code of 1929 (71 P.S. §  279.3a); amended under sections 302(3), 522(a) and 1101 of the Chiropractic Practice Act (63 P.S. § §  625.302(3), 625.522(a) and 625.1101).

Source

   The provisions of this §  5.6 adopted May 10, 1985, effective May 11, 1985, 15 Pa.B. 1739; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3807; amended November 23, 1990, effective November 24, 1990, 20 Pa.B. 5836; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1755; amended May 5, 1995, effective immediately and apply to the 1994-96 biennial renewal period commencing September 1, 1994, 25 Pa.B. 1772; amended January 26, 1996, effective January 27, 1996, and apply to examinations given in May 1996, 26 Pa.B. 324; amended January 24, 1997, effective immediately and apply to examinations to perform radiologic procedures given after July 1, 1997, 27 Pa.B. 413; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2540; amended April 30, 1999, effective May 1, 1999, 29 Pa.B. 2294; amended June 23, 2017, effective June 24, 2017, 47 Pa.B. 3494. Immediately preceding text appears at serial page (255479).

Cross References

   This section cited in 49 Pa. Code §  5.15 (relating to licensure examinations); and 49 Pa. Code §  5.20 (relating to volunteer license).



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