§ 54-705 — EXCEPTIONS — PROHIBITED PRACTICES — NEGLIGENCE ESTABLISHED

(1) Under the circumstances described and, subject in each case to the limitations stated, the following persons, though not holding a license to practice chiropractic in this state, may engage in activities included in the practice of chiropractic:
(a) A person licensed by this state pursuant to chapter 18, title 54, Idaho Code;
(b) A chiropractic assistant as shall be defined and regulated by the board, administering a procedure set forth in section 54-704, Idaho Code, but not including the adjustment or manipulation of articulations of the body, as specifically directed by a chiropractic physician as long as such directions are within the scope of chiropractic practice;
(c) A person rendering aid in an emergency, for which no fee for the services is contemplated, charged or received;
(d) A person residing in another state or country and authorized to practice chiropractic there, who is called in consultation by a person licensed in this state to practice chiropractic, or who for the purpose of furthering chiropractic education is invited into this state to conduct a lecture, clinic or demonstration, while engaged in activities in connection with the consultation, lecture, clinic or demonstration, so long as he does not open an office or appoint a place to meet patients or receive calls in this state;
(e) A person authorized to practice chiropractic in another state or country rendering chiropractic care in a time of disaster or while caring for an ill or injured person while at the scene of an emergency and while continuing to care for such person;
(f) Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities or requiring licensure pursuant to the provisions of this chapter, of any person licensed or registered in this state by any other law, from engaging in any health care profession or occupation for which such person is licensed or registered;
(g) A medical officer of the armed forces of the United States, of the United States public health service, or of the veterans administration, while engaged in the performance of his official duties;
(h) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;
(i) A person administering a family remedy to a member of the family;
(j) A person authorized or licensed by this state to engage in activities which may involve the practice of medicine;
(k) A person who administers treatment or provides advice regarding the human body and its functions that:
(i) Does not use legend drugs or prescription drugs in such practice;
(ii) Uses natural elements such as air, heat, water and light;
(iii) Only uses class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;
(iv) Only uses vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements; and who
(v) Does not perform surgery;
(vi) Requires each person receiving services to sign a declaration of informed consent which includes an overview of the health care provider’s education which states that the health care provider is not an "M.D." or "D.O." and is not licensed under the provisions of this chapter;
(l) Any person who practices massage therapy as defined in section 54-704 (2)(c), Idaho Code;
(m) A chiropractic intern, as defined and regulated by the board, who is registered with the board to practice chiropractic under the direct supervision of a licensed chiropractic physician pursuant to a preceptor program adopted and developed by the rules of the board.
(2) Except as provided in subsection (1) of this section, it is unlawful for any person to practice chiropractic in this state without a license and, upon conviction thereof, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
(3) It is unlawful for any person to assume or use the title or designation "chiropractor," "chiropractic physician," "doctor of chiropractic," the initials "D.C.," or any word, title or abbreviation thereof calculated to induce the belief that he is engaged in the practice of chiropractic or to indicate to the public that such person is licensed to practice chiropractic pursuant to this chapter unless such person is so licensed, and upon conviction thereof, such person shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000), or imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
(4) When a person has been a recipient of services constituting the unlawful practice of chiropractic, whether or not he knew the rendition of the services was unlawful, proof of the rendition of unlawful services to the recipient, in an action against the provider of such services for damages allegedly caused by the services, constitutes prima facie evidence of negligence, shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:
(a) Amount of any fees paid for the unlawful services; and
(b) Reasonable attorney’s fees and court costs.
(5) The board shall refer all violations made known to it to an appropriate prosecuting attorney. The board shall render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.

Legislative History

[54-705, added 1980, ch. 334, sec. 2, p. 863; am. 1987, ch. 144, sec. 1, p. 286; am. 1993, ch. 157, sec. 2, p. 402; am. 2001, ch. 80, sec. 1, p. 201; am. 2003, ch. 277, sec. 1, p. 742; am. 2017, ch. 190, sec. 3, p. 432.]