§ 43-06-15 — Grounds for denial of licensure, revocation, or suspension of license or other action of the board - Signed written statement - Investigation - Hearing

other action of the board - Signed written statement - Investigation - Hearing.
1. The board may deny an application for licensure and may revoke, suspend, or take
such other action as provided in this section regarding the license of any chiropractor
in this state who:
a. Has a mental or physical condition such that the person is unable to safely
engage in the practice of chiropractic.
b. Has been declared incompetent or seriously mentally ill by a court of competent
jurisdiction and thereafter has not been declared competent or released from
supervision.
c. Is suffering from alcoholism or drug addiction which endangers the public by
impairing the chiropractor's ability to practice safely.
d. Procured the license to practice by fraud or mistake.
e. Has engaged in unprofessional or dishonorable conduct, including false or
misleading advertising, rendering excessive or inappropriate treatment, or
charging unconscionable fees.
f. Has been convicted of a crime involving sexual misconduct, infliction of physical
harm or bodily injury to another individual, corruption, dishonesty, illegal
possession or distribution of drugs, or any crime that would affect the person's
ability to practice as a licensed chiropractor. A copy of the record of conviction or
plea of guilty or nolo contendere is conclusive evidence.
g. Has aided, assisted, or enabled any unlicensed person to practice chiropractic
contrary to this chapter or rule of the board.
h. Has engaged in the practice of abortion.
i. Has made use of any advertising statement of a character tending to deceive or
mislead the public.
j. Has failed to maintain a chiropractic facility in safe and sanitary conditions.
k. Has incurred a disciplinary action, suspension, or revocation in another
jurisdiction; has surrendered a license while a disciplinary complaint was pending
in another jurisdiction; or has entered a settlement agreement to avoid or resolve
a disciplinary complaint in another jurisdiction as a result of acts similar to acts
described in this section or rule of the board. A certified copy of the board order in
the other jurisdiction is conclusive evidence.
l. Has committed any violation of the provisions of this chapter, the code of ethics,
or rules as adopted by the board, including the failure to submit for physical or
mental examination or to provide information as required by the board.
m. Has practiced chiropractic while the license to practice was suspended or
revoked.
n. Has, while under probation, violated the terms of probation.
o. Has failed to properly supervise a certified chiropractic clinical assistant or who
has delegated duties to a certified chiropractic clinical assistant which are beyond
the assistant's education or training or which are beyond the scope of practice of
a certified chiropractic clinical assistant.

2. Any person, health care facility, business, or organization is immune from civil liability
or criminal prosecution for submitting a signed written statement and other reports and
information to the board under subsection 5 or for otherwise reporting to the board
violations or alleged violations under this chapter. The reports are not public records.
3. Members of the board and persons employed by the board or engaged in the
investigation or prosecution of violations and in the preparation and management of
charges of violations of this chapter on behalf of the board, including members of any
peer review committee, are immune from civil liability and criminal prosecution for any
actions, transactions, or publications in the execution of, or relating to, their duties
under this chapter.
4. A doctor of chiropractic who is the subject of an investigation by, or on behalf of, the
board shall cooperate fully with the investigation. Cooperation includes responding
fully and promptly to any question raised by, or on behalf of, the board relating to the
subject of the investigation and providing copies of patient records or any pertinent
information requested by the board, to assist the board in the board's investigation.
5. Any person, including a member of the board, may file a signed written statement and
other reports and information with any member of the board against a licensed
chiropractor charging the chiropractor with any of the offenses or conditions set forth in
subsection 1. The statement must set forth a specification of the charges. When the
statement has been filed, the board shall make an investigation as provided by
subsection 6.
6. When the statement and other reports and information have been filed, the board shall
notify the licensed chiropractor of the allegations and thereafter shall investigate to
determine whether the allegations in the statement constitute a basis for further
proceedings. The investigation must be conducted in such manner and at such time
and place as in the judgment of the board will best ascertain the facts. The board may
appoint a peer review committee. The board, in order to pursue the investigation, may
subpoena and examine witnesses and records, including patient records, and copy,
photograph, or take samples. The board may require the licensed chiropractor to give
statements under oath, to submit to a physical or mental examination, or both, by a
physician or physicians and other qualified evaluation professionals selected by the
board if it appears to be in the best interests of the public that this evaluation be
secured. The board may examine and review any relevant medical or psychological
records, including test results and x-rays relative to the examination or treatment of the
licensed chiropractor. A written request from the board constitutes authorization to
release information. The medical or psychological information is not public record.
7. If, based on the investigation or report from a peer review committee, the board has
reasonable cause to believe there is a basis for further proceedings, the board shall
prepare a complaint and serve the complaint, along with a notice of hearing, on the
licensed chiropractor and thereafter proceed with a hearing on the matter under
chapter 28-32. All hearings must be held in Bismarck unless the board and the
licensed chiropractor agree otherwise.
8. After the hearing, the board, under section 28-32-39, shall make and give notice of the
board's determination or decision as to whether the offenses charged have been
committed or the conditions charged do not exist. If the finding is in the negative, the
board shall dismiss the charges. If the finding is in the affirmative, the board:
a. Shall revoke the license;
b. Shall suspend the licensee's right to practice for a period not to exceed one year;
c. Shall suspend the board's judgment of revocation on terms and conditions
determined by the board;
d. Shall place the licensee on probation; or
e. Shall take any other disciplinary action which the board in the board's discretion
considers proper, including the ordering of an adjustment to a patient's bill or
refund of an amount previously paid, including reasonable interest from the date
of the order, to a patient or payer of any unconscionable fees for chiropractic
services.

f. In addition to the actions imposed in subdivisions a through e, may:
(1) Require payment of all costs of proceedings resulting in a disciplinary
action, including administrative costs, investigation costs, attorney's fees,
peer review committee costs, witness costs and fees, the costs of the offices
of administrative hearings services, and court costs.
(2) Impose a civil penalty not exceeding ten thousand dollars for each separate
violation, to deprive the chiropractor of any economic advantage gained by
reason of the violation found and to reimburse the board for the cost of the
investigation and proceedings.
9. In cases of revocation, suspension, or probation, the board shall record the facts of the
case and all actions of the board.
10. On the expiration of a term of suspension, the licensee must be reinstated by the
board if the chiropractor applies to the board and furnishes evidence, satisfactory to
the board, that the licensee is then of good character and conduct or restored to good
health and the licensee has not practiced chiropractic during the term of suspension
and is competent to practice in this state. If the evidence fails to establish those facts
to the satisfaction of the board, the board may require the applicant to submit to an
examination in accordance with this chapter or shall proceed to hearing on revocation
with notice as provided in subsection 7.
11. Any licensed chiropractor may take corrective action or voluntarily relinquish the
chiropractor's license to the board before a formal order of the board on such terms
and conditions as may be agreed by the licensed chiropractor and the board.