Subchapter B. LICENSURE, CERTIFICATION, EXAMINATION
AND REGISTRATION PROVISIONS


Sec.


5.11.    [Reserved].
5.11a.    Types of licensure and certification offered by the Board.
5.12.    Licensure by examination.
5.13.    Licensure by reciprocity.
5.14.    Certification to use adjunctive procedures.
5.15.    Licensure examinations.
5.16.    Failure on examination; reexamination.
5.17.    Biennial registration; unregistered status and inactive status; failure to renew; address of record.
5.18.    Reporting of other licenses, certificates or authorizations to practice, disciplinary sanctions and criminal dispositions.
5.19.    Certification of grades or licensure to another jurisdiction.
5.20.    Volunteer license.

§ 5.11. [Reserved].


Source

   The provisions of this §  5.11 adopted January 30, 1976, effective January 31, 1976, 6 Pa.B. 159; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944. Immediately preceding text appears at serial page (154057).

§ 5.11a. Types of licensure and certification offered by the Board.

 The Board will offer the following types of licensure and certification to candidates who qualify under the act and this chapter:

   (1)  License by examination.

   (2)  License by reciprocity.

   (3)  Limited license.

   (4)  Certification to use adjunctive procedures.

   (5)  Volunteer license.

Authority

   The provisions of this §  5.11a issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302); amended under sections 302 and 1104 of the Chiropractic Practice Act (63 P. S. § §  625.302 and 625.1104); and section 5 of the Volunteer Health Services Act (35 P. S. §  449.45).

Source

   The provisions of this §  5.11a adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6204. Immediately preceding text appears at serial page (230600).

§ 5.12. Licensure by examination.

 (a)  An applicant for license by examination shall present evidence of the following:

   (1)  Graduation from an approved chiropractic college.

   (2)  Passing scores on Parts I, II, III and IV of the National Board Examination.

 (b)  The applicant shall complete an application obtained from the Board detailing the applicant’s education and experience, and certifying that the applicant has met the requirements for licensure under the act and this chapter. The application shall be returned to the Board with the required fee.

 (c)  The applicant shall provide proof that the applicant has obtained professional liability insurance in accordance with §  5.41 (relating to certification of professional liability insurance). It is sufficient if the applicant files with the application a copy of a letter from the applicant’s professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant’s license to practice chiropractic in this Commonwealth. Upon issuance of the license, the licensee has 30 days to submit to the Board the certificate of insurance or a copy of the policy declaration page as described in §  5.41. The effective date of this subsection is September 1, 1988.

Authority

   The provisions of this §  5.12 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302); amended under 302(3) of the Chiropractic Practice Act (63 P. S. §  625.302); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

Source

   The provisions of this §  5.12 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2540. Immediately preceding text appears at serial pages (225534) and (208573).

Cross References

   This section cited in 49 Pa. Code §  5.15 (relating to licensure examinations).

§ 5.13. Licensure by reciprocity.

 (a)  An applicant for licensure by reciprocity shall present evidence of the following:

   (1)  Graduation from an approved chiropractic college.

   (2)  A passing score on clinical and written examinations acceptable to the Board, if the applicant graduated from chiropractic college prior to January 1, 1968.

   (3)  Passing scores on the following parts of the National Board Examination:

     (i)   Parts I and II if the applicant graduated from chiropractic college after January 1, 1968.

     (ii)   Parts I, II and III if the applicant graduated from chiropractic college after December 27, 1991, or was first licensed to practice chiropractic after December 27, 1991.

     (iii)   Parts I, II, III and IV if the applicant graduated from chiropractic college after May 23, 1997, or was first licensed to practice chiropractic after May 23, 1997.

   (4)  A current and valid unrestricted license to practice chiropractic obtained by examination in another state or territory of the United States or a province of Canada whose standards for licensure by examination at the time of initial licensure were substantially equivalent to those required under the act and this chapter for licensure at that time and which accepts Pennsylvania licensees for licensure by reciprocity. An applicant who otherwise meets the requirements of this paragraph but whose license is not current satisfies the requirements of this paragraph if the applicant holds a current and valid unrestricted license to practice chiropractic in another state or territory of the United States or a province of Canada whose standards for licensure by examination at the time of initial licensure were substantially equivalent to those required in this Commonwealth at that time and that jurisdiction accepts Pennsylvania licensees for licensure by reciprocity.

   (5)  Having engaged in the active clinical practice of chiropractic under a license in another state or territory of the United States or a province of Canada on a full-time basis for at least 3 years, including at least 20 months of the 2 years immediately preceding the date of application, and including at least 12 months in the jurisdiction that issued the license by examination described in paragraph (4), or the equivalent on a part-time basis.

 (b)  The applicant shall complete an application obtained from the Board detailing the applicant’s education, examinations, licensure and experience, and certifying that the applicant has met the requirements for licensure under the act and this chapter, and return the application and appropriate documentation to the Board with the required fee.

 (c)  An applicant’s verification that the applicant has engaged in the practice of chiropractic as required under subsection (a)(5) will satisfy the requirement that the applicant present evidence of experience.

 (d)  The applicant shall provide proof that the applicant has obtained professional liability insurance in accordance with §  5.41 (relating to certification of professional liability insurance). It is sufficient if the applicant files with the application a copy of a letter from the applicant’s professional liability insurance carrier indicating that the applicant will be covered against professional liability in the required amounts effective upon the issuance of the applicant’s license to practice chiropractic in this Commonwealth. Upon issuance of the license, the licensee has 30 days to submit to the Board the certificate of insurance or copy of the policy declaration page as described in §  5.41. The effective date of this subsection is September 1, 1988.

 (e)  The Board may deny an application for licensure by reciprocity as provided in section 506(a) of the act (63 P. S. §  625.506(a)).

Authority

   The provisions of this §  5.13 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302); amended under sections 302(3) and 504 of the Chiropractic Practice Act (63 P. S. § §  625.302(3) and 625.504).

Source

   The provisions of this §  5.13 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended August 23, 2013, effective August 24, 2013, 43 Pa.B. 4850. Immediately preceding text appears at serial pages (339993) to (339994).

Cross References

   This section cited in 49 Pa. Code §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record).

§ 5.14. Certification to use adjunctive procedures.

 (a)  After January 1, 1988, a licensee may not use adjunctive procedures in practice unless the licensee receives certification from the Board.

 (b)  An applicant for certification to use adjunctive procedures shall present evidence of one of the following qualifications:

   (1)  A passing score on the National Board Physiotherapy Examination.

   (2)  Successful completion of a comprehensive course following a progressive program of study, containing a minimum of 100 hours, which is acceptable to the Board.

   (3)  Utilization of adjunctive procedures in the practice of chiropractic continuously since December 16, 1983. An application for certification under this subsection shall have been received by the Board by September 1, 1988. To maintain this certification, the licensee shall have completed, by September 30, 1988, 36 hours of additional study in the use of adjunctive procedures as part of the continuing education required for the 1988 biennial registration.

   (4)  A passing score on an examination for licensure to practice chiropractic which includes the use of adjunctive procedures.

 (c)  The licensee shall complete an application obtained from the Board, detailing the licensee’s qualifications for certification, and return the application to the Board, with the required fee.

Authority

   The provisions of this §  5.14 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.14 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Cross References

   This section cited in 49 Pa. Code §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record).

§ 5.15. Licensure examinations.

 (a)  To qualify for licensure by examination, an applicant shall successfully complete the following examinations:

   (1)  Parts I, II, III and IV of the National Board Examination.

   (2)  The Pennsylvania Chiropractic Law Examination developed, prepared, administered and graded by the professional testing organization approved by the Board.

 (b)  The applicant shall apply to the NBCE for admission to the National Board Examinations and pay the required fees at the direction of the NBCE.

 (c)  The applicant shall be responsible for directing that the NBCE send examination results and other information requested to the Board.

 (d)  Passing scores on the National Board Examinations shall be established by the NBCE for each administration of the National Board Examinations in accordance with section 502(e) of the act (63 P. S. §  625.502(e)). A passing score on Part IV of the National Board Examination obtained at any time since Part IV has been offered by the NBCE will satisfy the Part IV National Board Examination requirement under §  5.12(a)(4) (relating to licensure by examination).

 (e)  An application to take the Pennsylvania Chiropractic Law Examination shall be submitted with the required application fee specified in §  5.6 (relating to fees) to the Board approved professional testing organization at least 60 days prior to the date of the examination.

Authority

   The provisions of this §  5.15 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.15 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2540. Immediately preceding text appears at serial pages (208575) to (208576).

Cross References

   This section cited in 49 Pa. Code §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record).

§ 5.16. Failure on examination; reexamination.

 (a)  An applicant who fails one or more of the National Board Examinations is eligible for reexamination in accordance with the rules and regulations of the NBCE.

 (b)  An applicant who fails the Pennsylvania Chiropractic Law Examination may take a reexamination within 2 years. If the applicant fails the reexamination, the applicant may be required to complete studies as directed by the Board prior to reapplication for licensure.

Authority

   The provisions of this §  5.16 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302); amended under section 302(3) of the Chiropractic Practice Act (63 P. S. §  625.302(3)); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

Source

   The provisions of this §  5.16 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2540. Immediately preceding text appears at serial page (208576).

§ 5.17. Biennial registration; unregistered status and inactive status;failure to renew; address of record.

 (a)  A licensee shall register each biennial period to retain the right to practice in this Commonwealth. Initial registration shall automatically occur when a license is issued. Registration for a biennial period shall expire on September 1 of every even numbered year.

 (b)  A limited license shall be issued for a period not to exceed 1 year and may not be renewed.

 (c)  Certification to use adjunctive procedures shall automatically be renewed upon biennial registration.

 (d)  Applications for biennial registration shall be made on forms supplied by the Board. These forms shall be received by the Board with the required registration fee by the expiration of the previous biennial registration period.

 (e)  Biennial registration forms and other forms and literature distributed by the Board will be forwarded to the last mailing address given to the Board by the licensee. If a licensee changes his mailing address of record, the licensee shall notify the Board in writing within 10 days thereafter. Failure of the Board to send or of the licensee to receive a biennial registration application does not relieve the licensee of the biennial registration responsibility.

 (f)  An application for biennial registration shall contain the following information in the manner indicated on the application form:

   (1)  Other licenses, certificates or authorizations to practice issued, and disciplinary sanctions and criminal dispositions instituted, as required by section 523 of the act (63 P. S. §  625.523) and §  5.18 (relating to reporting of other licenses, certificates or authorizations to practice, disciplinary sanctions and criminal dispositions).

   (2)  Proof of professional liability insurance as required by section 508 of the act (63 P. S. §  625.508) and §  5.41 (relating to certification of professional liability insurance).

   (3)  Proof of attendance at continuing education courses during the previous biennial registration period as required by section 507 of the act (63 P. S. §  625.507) and §  5.14 (relating to certification to use adjunctive procedures), if proof was not filed by the expiration of that biennial registration period.

 (g)  A licensee failing to file biennial registration application or pay the required registration fee by the registration date will have the license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who does so when the license was unregistered will be required to pay a penalty fee of $5 for each month or part of a month since the expiration of the biennial registration and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.

 (h)  A licensee who does not intend to practice in this Commonwealth and who does not desire to renew registration shall notify the Board in writing. Upon receipt of this notification, the Board will classify the license as inactive.

 (i)  The Board will not mail biennial registration forms to a licensee whose license is classified as inactive or unregistered, unless the licensee requests, in writing, that the Board renew the license.

 (j)  To renew an inactive or unregistered license, a licensee shall file an application for biennial registration, pay the current and back registration and penalty fees which are due, submit a notarized affidavit setting forth the time in which the licensee did not practice in this Commonwealth, submit a resume of activities since the license was last registered, submit a letter of good standing from another state where the licensee has been practicing and submit evidence of compliance with continuing education and professional liability insurance requirements in accordance with the act and this chapter.

 (k)  A licensee will not be assessed a fee or penalty for preceding biennial registration periods in which the licensee did not practice in this Commonwealth.

 (l)  If all other conditions are met as set forth in the act and this chapter, current registration will be issued upon the payment of registration and penalty fees which have accrued.

 (m)  To reactivate a license that has been inactive for more than 5 years, the licensee shall satisfy all other requirements for reactivation required by this section, including the continuing education requirements, and establish current competence to practice by at least one of the following:

   (1)  Successful completion of the examinations required under §  5.15(a) (relating to licensure examinations) within 1 year prior to application for reactivation.

   (2)  Compliance with §  5.13 (relating to licensure by reciprocity).

   (3)  Proof of continuous licensed practice of chiropractic in one or more other jurisdictions of the United States or Canada for at least 5 years immediately preceding application for reactivation and successful completion of the examination required by §  5.15(a)(2) (relating to licensure by examination).

   (4)  Successful completion of both of the following examinations within 6 months prior to application for reactivation:

     (i)   The examination required by §  5.15(a)(2).

     (ii)   The Special Purpose Examination in Chiropractic administered by the National Board of Chiropractic Examiners.

Authority

   The provisions of this §  5.17 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302); amended under sections 302(3) and 501(b) of the Chiropractic Practice Act (63 P. S. § §  625.302 and 625.501).

Source

   The provisions of this §  5.17 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended November 28, 2008, effective November 29, 2008, 38 Pa.B. 6471. Immediately preceding text appears at serial pages (230604) and (238239) to (238240).

Cross References

   This section cited in 49 Pa. Code §  5.20 (relating to volunteer license); and 49 Pa. Code §  5.77 (relating to failure to meet continuing education requirements).

§ 5.18. Reporting of other licenses, certificates or authorizations topractice, disciplinary sanctions and criminal dispositions.

 (a)  A licensee or an applicant for licensure shall notify the Board of one or more of the following:

   (1)  A license, certificate or other authorization to practice a profession issued, denied or limited by another state, territory or possession of the United States, another country or a branch of the Federal government.

   (2)  A disciplinary sanction instituted against the applicant or licensee by a licensing authority of another state, territory or possession of the United States, another country or a branch of the Federal government.

   (3)  A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, a disposition in lieu of trial or an accelerated rehabilitative disposition with respect to a felony offense, or a misdemeanor offense relating to a health care practice or profession instituted against the applicant or licensee by the courts of the Commonwealth, a Federal court or a court of another state, territory, possession or country.

 (b)  The reporting responsibilities enumerated in subsection (a) shall continue after the Board issues a license or registration. If, after the Board has issued a license or registration, one or more of the events listed in subsection (a) occur, a licensee shall report that matter to the Board in writing within 90 days after its occurrence.

Authority

   The provisions of this §  5.18 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.18 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

Cross References

   This section cited in 49 Pa. Code §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record); and 49 Pa. Code §  5.77 (relating to failure to meet continuing education requirements).

§ 5.19. Certification of grades or licensure to another jurisdiction.

 (a)  The Board may certify grades, licensure status or certification to use adjunctive procedures to another jurisdiction upon written request and payment of the required fee.

 (b)  A person who is licensed or certified to use adjunctive procedures by the Board who is applying for a license or certification in another jurisdiction or country may be required to arrange for the Board to provide certain information to the licensing authority in the other jurisdiction by the Board completing a portion of his application and then forwarding the application to the other licensing authority. In that case, the licensee shall complete the application prior to submitting it to the Board with the exception of the portion to be completed by the Board. The licensee shall then forward the application to the Board with the written request that the Board complete the application and forward it to the licensing authority of the other jurisdiction.

 (c)  In certifying a license or adjunctive procedure certification to another jurisdiction, the Board will also report information as to the status of the license or certification in this Commonwealth and any prior disciplinary sanctions or criminal dispositions instituted against the licensee.

Authority

   The provisions of this §  5.19 issued under section 302 of the Chiropractic Practice Act (63 P. S. §  625.302).

Source

   The provisions of this §  5.19 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944.

§ 5.20. Volunteer license.

 (a)  Purpose and definitions.

   (1)  The following subsections implement the Volunteer Health Services Act (35 P. S. § §  449.41—449.50) and provide for the issuance of a volunteer license to a qualified individual who retires from active practice and seeks to provide professional services as a volunteer. A volunteer license authorizes the holder to practice only in an organized community-based clinic and without remuneration.

   (2)  The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Approved clinic—An organized community-based clinic offering primary health care services to individuals and families who cannot pay for their care, to Medical Assistance clients or to residents of medically underserved areas or health professionals shortage areas. The term includes a State health center, nonprofit community-based clinic and Federally qualified health center, as designated by Federal rulemaking or as approved by the Department of Health or the Department of Public Welfare.

   Unrestricted license—A license which is not restricted or limited by order of the Board under its disciplinary power.

 (b)  License. A volunteer license may be issued to a licensee of the Board who documents to the satisfaction of the Board that the applicant will practice without personal remuneration in approved clinics and meets one of the following conditions:

   (1)  Holds a currently renewed, active, unrestricted license in this Commonwealth and retires from active practice at the time the applicant applies for a volunteer license.

   (2)  Retires from active practice in this Commonwealth in possession of an unrestricted license which was allowed to lapse by not renewing it. A retired licensee shall meet any requirements of the act or the regulations pertaining to continued education or continued competency to be eligible for renewal.

 (c)  Applications. An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide:

   (1)  An executed verification on forms provided by the Board certifying that the applicant intends to practice exclusively:

     (i)   Without personal remuneration for professional services.

     (ii)   In an approved clinic.

   (2)  A letter signed by the director or chief operating officer of an approved clinic that the applicant has been authorized to provide volunteer services in the named clinic by the governing body or responsible officer of the clinic.

 (d)  Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the volunteer license holder shall notify the Board of any change in clinic or volunteer status within 30 days of the date of the change, or at the time of renewal, whichever occurs first.

 (e)  Biennial renewal. A volunteer license shall be renewed biennially on forms provided by the Board.

   (1)  As a condition of biennial renewal, the applicant shall satisfy the same continuing education requirements as the holder of an active, unrestricted license.

   (2)  The applicant shall be exempt from §  5.6 (relating to fees) pertaining to the biennial renewal fee and shall be exempt from section 508 of the Chiropractic Practice Act (63 P. S. §  625.508) with regard to the maintenance of liability insurance coverage under section 701 of the Health Care Services Malpractice Act (40 P. S. §  1301-701).

 (f)  Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board in accordance with §  5.17 (relating to biennial registration; unregistered status and inactive status; failure to renew; address of record).

 (g)  Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act (35 P. S. § §  449.41—449.50) or this section may also constitute grounds for disciplinary action.

Authority

   The provisions of this §  5.20 issued under sections 302 and 1104 of the Chiropractic Practice Act (63 P. S. § §  625.302 and 625.1104); and section 5 of the Volunteer Health Services Act (35 P. S. §  449.45).

Source

   The provisions of this §  5.20 adopted November 28, 1997, effective November 29, 1997, 27 Pa.B. 6204.



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