TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 316-A
CHIROPRACTIC

Section 316-A:1

    316-A:1 Definition. – The science of chiropractic deals with the 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 and its immediate articulations for the restoration and maintenance of health; it includes the normal regimen and rehabilitation of the patient using the procedures which are currently taught in accredited chiropractic colleges at the time of matriculation without the use of drugs, surgery, or colonic irrigation. The term analysis is construed to include physical examination, the use of x-ray and other analytical instruments generally used in the practice of chiropractic. The terms adjustment, manipulation, and subluxation are primary to the practice of chiropractic and shall therefore be specifically defined in rules adopted by the board of chiropractic examiners.

Source. 1988, 87:2. 1999, 173:1, eff. Aug. 30, 1999.

Section 316-A:2

    316-A:2 Board. –
I. There shall be a board of chiropractic examiners consisting of 5 members; including 4 chiropractors and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years; except that 2 members of the initial board shall be appointed to a 2-year term; 2 members of the initial board shall be appointed to a 4-year term; and one member of the initial board shall be appointed to a 5-year term. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. Board members who are chiropractors shall be graduates of some resident school or college of chiropractic and shall have resided and practiced in this state for at least one year.
III. The public member of the board shall be a person who is not, and never was, a member of the chiropractic profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of chiropractic services or an activity directly related to chiropractic, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. [Repealed.]

Source. 1988, 87:2. 1995, 310:181. 2010, 118:5, eff. July 1, 2010. 2015, 276:108, XVII, eff. July 1, 2015.

Section 316-A:3


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:3 Rulemaking Authority and Practices. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum education and experience requirements for licensure to protect the public health or safety. Such requirements shall not include references to general business skills.
II. Written competency examinations, if appropriate. Such examinations shall be nationally recognized standardized tests whenever possible.
III. A written examination on New Hampshire law relevant to the occupation or profession. Such examinations shall be reviewed by the department of justice before use.
IV. Procedures for oral examinations and interviews, if appropriate. Such rules shall include a listing of permissible areas of inquiry and a statement of the means by which the inquiry shall be recorded. Transcripts or recordings shall be maintained by the board or commission for a period of not less than 90 days.
V. Procedures for practical examinations, if appropriate. Such rules shall provide that at least 2 experienced practitioners shall observe and pass on any practical examination.
VI. References from other practitioners of the occupation or profession, if appropriate. References may only be solicited from practitioners who have actual knowledge of the applicant's competence gained in a supervisory capacity.
VII. Requirements that applicants be of good character. Such character requirements shall be limited to matters directly related to the ability of the applicant to perform the functions of the occupation or profession.
VIII. Methods and procedures by which licensees shall inform the public of their right to complain to the board regarding the conduct of other licensees. Such methods may include posted notices, notices on bills, or other appropriate methods.
IX. Methods for informing the board of complaints made against licensees in other forums such as professional and business organizations and the courts. Such methods shall include a requirement that licensees disclose such complaints on license renewal forms. Failure to disclose shall be cause to revoke the license.
X. Methods for investigating complaints and for conciliation where appropriate.
XI. Hearing procedures in accordance with RSA 541-A.
XII. Methods for informing the public of the results of disciplinary actions. These methods shall ensure that information on disciplinary actions is made available to consumers.
XIII. The type and severity of offense which warrants an official warning and the effect of such warning on penalties for subsequent offenses.
XIV. Methods to ensure that licensees maintain minimum competency to protect public health or safety. Such methods may include continuing education, re-testing, peer review, or other appropriate procedures. If continuing education is required, it shall be reasonable and shall reflect the rate of legal and technological change within the occupation or profession. Courses on general business practices shall not be required or permitted as continuing education.
XV. Methods for ensuring compliance with continuing education requirements and for evaluating continuing education courses, if appropriate.
XVI. An ethics code for board members and employees. This code shall include at least the following provisions:
(a) No board member shall participate in any action related to the issuance of a license or disciplinary matter involving such board member or a person with whom the board member is personally or professionally associated.
(b) No board member shall serve as an officer of a professional association which represents practitioners of any occupation or profession under the jurisdiction of the board.
XVII. Fees under RSA 316-A:5.
XVIII. Methods for ensuring appropriate display of licenses, including, but not limited to, signs and other forms of advertising.
XIX. Defining the specific terms "adjustment," "manipulation," and "subluxation," in the practice of chiropractic.

Source. 1988, 87:2. 1995, 132:1; 310:182. 1999, 173:2, 3, eff. Aug. 30, 1999.

Section 316-A:4

    316-A:4 Repealed by 1999, 173:5, eff. Aug. 30, 1999. –

Section 316-A:5

    316-A:5 Fees. – The board shall establish fees for examination of applicants, for licenses and for renewal of licenses to practice chiropractic, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:6

    316-A:6 Holding Office Beyond Term. – The members of the board of chiropractic examiners shall each hold office until a successor is duly appointed and qualified.

Source. 1988, 87:2. 1995, 132:2, eff. July 1, 1995.

Section 316-A:7

    316-A:7 Organization; Meetings. – The board shall elect a chairperson and a secretary-treasurer. The board shall meet quarterly and at such other times as the business of the board shall require.

Source. 1988, 87:2. 1995, 132:2, eff. July 1, 1995.

Section 316-A:8

    316-A:8 Income. – All moneys collected by the board from fees authorized under this chapter shall be received and accounted for by the office of professional licensure and certification, and shall be deposited in the state treasury.

Source. 1988, 87:2. 1995, 132:2, eff. July 1, 1995. 2015, 276:87, eff. July 1, 2015.

Section 316-A:9

    316-A:9 Compensation. – The members of the board shall receive $20 each, for every day actually spent in the discharge of their duties, and their necessary expenses; provided that the amounts so paid shall not exceed the amount received by the treasurer from the board.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:10

    316-A:10 Report. – The secretary-treasurer shall file with the governor and council biennially and in such form as the governor and council may prescribe, such information as is necessary to maintain in the office of professional licensure and certification a current record of rules of the board of chiropractic examiners affecting the issuance of licenses.

Source. 1988, 87:2. 1995, 310:181, eff. Nov. 1, 1995. 2015, 276:88, eff. July 1, 2015.

Section 316-A:11

    316-A:11 Fees; Qualifications. –
I. Each applicant shall pay to the secretary-treasurer a fee, established by the board, for which the applicant shall be entitled to an examination and to a reexamination, if necessary, within one year.
II. The applicant shall:
(a) Have graduated from a degree granting chiropractic college which is accredited by an established chiropractic accrediting body, approved by the United States Department of Education; or
(b) Have completed a chiropractic program at a chiropractic institution accredited by a regional accrediting agency approved by the United States Department of Education.

Source. 1988, 87:2. 1995, 132:3, eff. July 1, 1995.

Section 316-A:12

    316-A:12 Further Requirements. – Notwithstanding educational requirements provided for in RSA 316-A:11, any applicant for license to practice chiropractic who matriculated in a chiropractic school or college between January 1, 1951, and January 1, 1968, shall be a graduate of a legally chartered or incorporated school of chiropractic requiring for graduation completion of a course of study of not less than 3,600 classroom hours in 4 academic years; and any applicant for a license to practice chiropractic who matriculated in a chiropractic school or college after January 1, 1968, shall be a graduate of a legally chartered or incorporated school of chiropractic requiring for graduation completion of a course of study of not less than 4,000 classroom hours in 4 academic years.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:13

    316-A:13 Repealed by 2014, 322:3, I, eff. Sept. 30, 2014. –

Section 316-A:14

    316-A:14 Repealed by 2014, 322:3, II, eff. Sept. 30, 2014. –

Section 316-A:14-a


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:14-a Licenses and Certificates. – Each applicant who qualifies under this chapter and who attains a minimum grade of 70 percent upon the examination given under RSA 316-A:13, I shall receive a license from the board as a chiropractor permitted to practice in New Hampshire. The fee for an initial license and for a license renewal shall be $300. The initial license and renewal licenses shall be valid for the terms established under RSA 316-A:19.

Source. 2015, 43:1, eff. July 1, 2015.

Section 316-A:14-b


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:14-b License Fees. – Each applicant who qualifies under this chapter shall pay a fee for an initial license and for a license renewal of $300. The initial license and license renewals shall be valid for the terms established under RSA 316-A:19.

Source. 2015, 43:1, eff. July 1, 2015.

Section 316-A:15


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:15 Effect. – Any chiropractor who has received and holds a certificate or license issued by the board may practice chiropractic as defined in RSA 316-A:1 but shall not prescribe for, or administer to, any person any medicine or drugs now or hereafter included in materia medica, practice major or minor surgery, obstetrics or any branch of medicine or osteopathy.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:15-a

    316-A:15-a Services Provided by Telemedicine. – Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

Source. 2020, 27:18, eff. July 21, 2020.

Section 316-A:16


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:16 Without Examination. – Any chiropractor practicing during 6 months prior to April 14, 1921, who is a graduate of some school or college of chiropractic which teaches a 3-year resident course, shall be granted a license as a chiropractor by the board, upon presentation of satisfactory evidence of such chiropractor's qualification under this section, and the payment of a fee of $15.

Source. 1988, 87:2. 1995, 132:4, eff. July 1, 1995.

Section 316-A:17


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:17 National Examination; Examination Requirements. – The board shall require that applicants pass parts 1, 2, and 3 and the written clinical competency examinations of the national examination given by the National Board of Chiropractic Examiners if an applicant was licensed after January 1, 1990, and parts 1, 2, 3, and 4 and the written clinical competency examinations of the national examination given by the National Board of Chiropractic Examiners if the applicant was licensed or applied for a license after January 1, 1996. Applicants having passed the national examinations shall be exempt from taking a written examination and, provided the applicant meets all other qualifications and requirements of this chapter, shall be registered and granted a license by the state board upon payment of the required fee and presentation of satisfactory proof that the applicant has passed the parts of such national examination.

Source. 1988, 87:2. 1995, 132:4. 2014, 322:1, eff. Sept. 30, 2014.

Section 316-A:18


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:18 Applicants From Other States. – The board may license any applicant who is licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:19


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:19 Initial License and License Renewals. – The fee for an initial license and license renewal issued under this chapter shall be $300. All licenses and renewals issued under the provisions of this chapter shall expire on July 1 in each odd numbered year.

Source. 1988, 87:2, eff. April 18, 1988. 2015, 229:6, eff. July 1, 2015.

Section 316-A:20


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:20 Renewal. – Any person holding a chiropractor's license may have the same renewed upon application and payment of the $300 renewal fee. Each applicant shall submit satisfactory evidence that the applicant has completed at least 20 hours of continuing education approved by or conducted by the International Chiropractors Association, or the American Chiropractic Association, or the New Hampshire board of chiropractic examiners, or any state-chartered chiropractic school or college, within one year prior to the date of renewal. In the event of failure to comply with the provisions of this section, the applicant shall appear before the board to show cause why the license should not be suspended.

Source. 1988, 87:2. 1989, 37:2. 1995, 132:5. 2014, 167:47, eff. July 1, 2014.

Section 316-A:21


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:21 Inactive List. – A chiropractor licensed under this chapter and who is a resident of this state, who does not intend to engage in practice as a chiropractor, upon written request to the board, may be listed on an inactive list and shall not be required to renew such license biennially or pay any renewal fee as long as such chiropractor remains inactive. Any chiropractor whose name has been included in the inactive list as provided in this section shall be restored to active status by the board upon the filing of a written request with the board, accompanied by the required renewal fee, and after satisfactorily passing a competency test to be administered by the board.

Source. 1988, 87:2. 1995, 132:5, eff. July 1, 1995.

Section 316-A:22


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    316-A:22 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders such person unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter; or
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation or restriction of license for a period of up to 5 years;
(c) By revocation of license;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; or
(e) By imposing civil penalties for misconduct violations not to exceed $1,000 for each violation or, in the case of continuing violations, $100 per day as long as the violation continues.
IV. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.
V. The board may informally dispose of any complaint by stipulation, agreed settlement, consent order or default. The board may hold preliminary hearings to facilitate the informal disposition of complaints which, during the preliminary hearing, are found to be unwarranted or unjustified. The board shall follow the provisions of RSA 541-A:31, V in conducting such hearings. All such investigations and preliminary hearings shall be confidential and exempt from the provisions of RSA 91-A; provided that the board shall make public any action taken under RSA 316-A:22, III resulting from a preliminary hearing or investigation.
VI. Any complaint not resolved at or prior to a preliminary hearing shall be heard by the board. Such hearing shall be an open public hearing; provided, however, that the board shall hear the testimony of any witness who is under 18 years of age at the time of such testimony in camera unless good cause is shown by the person complained against. A transcript of any testimony taken in camera shall be made available to the public, but the name and any identifying characteristics of the witness shall be deleted from the transcript.

Source. 1988, 87:2. 1993, 179:14. 1994, 412:34. 1995, 132:6-8, eff. July 1, 1995.

Section 316-A:23

    316-A:23 Notice and Hearing Procedure. – The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

Source. 1988, 87:2. 2014, 34:9, eff. Jan. 1, 2015.

Section 316-A:23-a

    316-A:23-a Investigations; Subpoenas; Oaths. –
I. The board shall have the authority to investigate applicants, misconduct allegations, and possible violations of this chapter. The board may subpoena witnesses, administer oaths, and subpoena documents in any investigation or hearing held pursuant to this chapter.
II. Licensees of the board shall not be entitled to witness or mileage fees for responding to a board subpoena. The board may serve subpoenas on such persons by certified mail sent to the business address which the licensee has provided to the board. Non-licensees subpoenaed by the board shall be entitled to the fees allowed witnesses in the superior court, but such subpoenas shall be valid for payment only if annotated: "Fees guaranteed by the New Hampshire Board of Chiropractic Examiners."

Source. 1995, 132:9, eff. July 1, 1995.

Section 316-A:24

    316-A:24 Duties. – Practitioners of chiropractic shall be subject to the provisions of the law relating to contagious and infectious diseases and to the granting of certificates of deaths, as physicians are.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:25

    316-A:25 Penalties; Unlawful Practice. –
I. Whoever, not being licensed as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice chiropractic, or whoever does so after receiving notice that the person's license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself, or allow oneself to be advertised or called a physician or a doctor, or use any physician's or doctor's insignia as such, except "Doctor (name of chiropractor), chiropractor", shall be guilty of a misdemeanor and, upon conviction, shall, if licensed, have such license revoked.
II. No person shall practice chiropractic as defined in this chapter without first obtaining a license from the board; provided that nothing in this chapter shall prohibit persons licensed under any other provision of New Hampshire law from performing activities within the scope of such a license. Any natural person who violates this paragraph shall be guilty of a class A misdemeanor and any other person shall be guilty of a felony.

Source. 1988, 87:2. 1995, 132:10. 1999, 173:4. 2006, 76:5, eff. July 1, 2006.

Section 316-A:26

    316-A:26 Proceedings of Chiropractic Review Committee. – All proceedings, records, findings and deliberations of chiropractic review committees duly established by the New Hampshire Chiropractic Association or the New Hampshire Straight Chiropractic Society are confidential and privileged and shall not be used or available for use or subject to process in any other proceeding. The manner in which the chiropractic review committee and each member thereof deliberates, decides or votes on any matter submitted to it is likewise confidential and privileged and shall not be the subject of inquiry in any other proceeding.

Source. 1988, 87:2, eff. April 18, 1988.

Section 316-A:27

    316-A:27 Privileged Communications. – The confidential relations and communications between any person licensed under provisions of this chapter and such licensed person's patient are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such doctor of chiropractic shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a doctor of chiropractic that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising doctor of chiropractic. This section shall not apply to disciplinary hearings or actions conducted under RSA 316-A:22, relative to the board of chiropractic examiners, RSA 326-B, relative to the board of nursing, RSA 151-A:11, relative to the board of examiners of nursing home administrators, or any other statutorily created medical occupational licensing board conducting disciplinary proceedings. This section shall not apply to hearings conducted pursuant to RSA 135-C:27-54.

Source. 1992, 93:1. 1995, 132:11. 2005, 293:5, eff. July 1, 2005 at 12:01 a.m.