Brief Description:  The Board of Chiropractic Examiners proposes to update various regulations relating to licensure requirements, examinations, and continuing education requirements; establish patient examinations for school and sports activities; and establish the scope of practice for chiropractic preceptors, interns, and clinical assistants.

The Board of Chiropractic Examiners (Board) proposes to adopt regulation changes in Title 12, Chapter 16, of the Alaska Administrative Code including the following:

1. 12 AAC 16.030. Application for licensure by examination, is proposed to be changed to amend the licensure by examination requirements for chiropractic.

2. 12 AAC 16.033. Application for licensure by credentials, is proposed to be changed to update the parts of examinations required by the National Board of Chiropractic Examiners.

3. 12 AAC 16.037. National examination requirements, is proposed to be changed to update the parts of examinations required by the National Board of Chiropractic Examiners.

4. 12 AAC 16.041. Preceptor scope of practice, is a proposed new section that establishes criteria for a chiropractic physician acting as a chiropractic preceptor.

5. 12 AAC 16.042. Intern scope of practice, is a proposed new section that establishes scope of practice for a chiropractic intern.

6. 12 AAC 16.048. Approved chiropractic specialty programs, is proposed to add International Board of Chiropractic Neurology (IBCN) to the list of postgraduate diplomate specialty programs approved by the board.

7. 12 AAC 16.051. Patient examinations for school and sports activities, is a proposed new section that allows a chiropractic physician to perform physical examinations to students for school and sports activities.

8. 12 AAC 16.052. Chiropractic clinical assistant scope of practice, is a proposed new section that establishes scope of practice for chiropractic clinical assistants under the general supervision of a licensed chiropractic physician.

9. 12 AAC 16.130. State chiropractic examination, is proposed to remove the oral examination from the state chiropractic examination.

10. 12 AAC 16.205. Courtesy license, is proposed to add educational event to the list of “special events” that allow for a courtesy license to be issued.

11. 12 AAC 16.290. Hours of continuing education required, is proposed to be changed to amend and clarify current continuing education requirements.

12. 12 AAC 16.400, .410, .420 and .430, are proposed to replace “peer review committee” with “utilization review committee” to comply with current state statutes.

13. 12 AAC 16.990. Definitions, is proposed to add definitions for “general supervision” and “personal supervision”.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/195812, and using the comment link. The comments must be received not later than 4:30 p.m. on November 15, 2019. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofChiropracticExaminers.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than November 8, 2019 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/Portals/5/pub/CHI-1019.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority:  AS 08.01.062; AS 08.20.055; AS 08.20.100; AS 08.20.110; AS 08.20.120; AS 08.20.130; AS 08.20.141; AS 08.20.155; AS 08.20.168; AS 08.20.170; AS 08.20.185; AS 08.20.195; AS 08.20.900
Statutes Being Implemented, Interpreted, or Made Specific:   AS 08.01.062; AS 08.20.055; AS 08.20.100; AS 08.20.110; AS 08.20.120; AS 08.20.130; AS 08.20.141; AS 08.20.155; AS 08.20.168; AS 08.20.170; AS 08.20.185; AS 08.20.195; AS 08.20.900

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

DATE: 10/15/19
Jun Maiquis, Regulations Specialist                                                                                                          Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.


ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency:  Board of Chiropractic Examiners – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation:  Licensure requirements, examinations, continuing education requirements; scope of practice for chiropractic preceptors, interns, and clinical assistants; patient examinations for school and sports activities, peer review, courtesy license, and definitions.

3.   Citation of regulation:  12 AAC 16.030 through 12 AAC 16.990.

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action:  Update and clarification of current regulations; compliance with current state statutes.

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
      A private person:        
       For chiropractors applying by credentials – Cost of adding Part III ($685) and Part IV ($1,535) of the National Examination: $2,220.
       For preceptors – Estimated cost of maintaining a malpractice insurance policy with coverage limits of at least $1,000,000 per claim, and a minimum aggregate limit of $3,000,000 per policy period: $2,200 – $2,600.
       For chiropractic clinical assistants
           - Federation of Chiropractic Licensing Board (FCLB) testing fee: $150
           - FCLB renewal fee: $35
           - Chiropractic Therapy Assistant (CTA) Program fee: $299
           - CPR Certification fee: $35 – $100.
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):
      No costs are expected in FY 2020 or in subsequent years.

9.   The name of the contact person for the regulation:
      Thomas Bay, Licensing Examiner
      Board of Chiropractic Examiners
      Division of Corporations, Business and Professional Licensing
      Telephone:  (907) 465-2588
      E-mail:  thomas.bay@alaska.gov

10.   The origin of the proposed action:  Board of Chiropractic Examiners.

11.   Date: 10/15/19
        Prepared by: Jun Maiquis
                             Regulations Specialist
                             (907) 465-2537