Section 43-06-16.1 - Certified chiropractic clinical assistant1. A person may not practice as a certified chiropractic clinical assistant or claim to be a chiropractic assistant without certification from the board. The fee for initial certification may not exceed one hundred dollars per year and must be set by the board from time to time. The board may grant a temporary certification to an initial applicant who is waiting for a criminal history background check to be completed. This temporary certification expires automatically upon the applicant receiving a regular certification or being notified the application has been denied.2. To be certified to practice as a certified chiropractic clinical assistant, an applicant shall provide evidence satisfactory to the board the applicant:a. Graduated from high school, or holds a graduate equivalency degree.b. Is at least eighteen years of age.c. Successfully completed the certified chiropractic clinical assistant program and examination by the federation of chiropractic licensing boards.d. Successfully completed a criminal history record check as authorized by section 43-06-11.1.e. Completed an application in a manner and form provided by the board.f. Paid all applicable fees relative to the application process as determined by the board.g. Received practical experience to the extent required to demonstrate competency to safely provide patient care pertinent to the chiropractic office at which the certified chiropractic clinical assistant is employed.3. A certified chiropractic clinical assistant who is certified in another jurisdiction may apply for certification. The applicant shall provide evidence satisfactory to the board the applicant: a. Has current practice privilege in good standing as a certified chiropractic clinical assistant or equivalent granted by at least one jurisdiction with requirements similar to or greater than the requirements of this board; andb. Presented to the board current documentation that any practice privilege granted by another jurisdiction as a certified chiropractic clinical assistant or equivalent has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal.4. A minimum passing examination result is required to obtain certification. The board may accept a chiropractic clinical assistant program examination such as the federation of chiropractic licensing board-certified chiropractic clinical assistant program examination or its board-approved successor or equivalent.5. The fee for renewal of the certification may not exceed one hundred dollars per year and must be set by the board from time to time. A certificate in this state is valid for one year and must be renewed on or before March first of every year. a. A certified chiropractic clinical assistant shall obtain three hours of continuing education every year after the initial certification to renew certification. These hours must be a program or seminar approved by providers of approved continuing education, a seminar approved for continuing education by another state's board of chiropractic examiners or equivalent, or a seminar otherwise approved by the board. Proof of meeting continuing education requirements must be submitted with the certified chiropractic clinical assistant's renewal application.b. For an applicant who first receives initial certification between December first of the year immediately before renewal and March first, the certification is deemed to be automatically renewed on March first for an additional year without payment of an additional renewal fee.6. A certified chiropractic clinical assistant must be under the direct supervision of a North Dakota licensed chiropractor in good standing with the board. Direct supervision means the oversight provided by the chiropractor over the clinical services performed by a certified chiropractic clinical assistant, and requires the chiropractor to be on the premises at all times and readily available to instruct the certified chiropractic clinical assistant throughout the performance of the clinical services.7. The certified chiropractic clinical assistant may assist the chiropractor in patient care involving physiotherapy, electrotherapy, hydrotherapy, chiropractic rehabilitative therapy, administrative processes, and other activities as needed to assist in the practice of chiropractic. The certified chiropractic clinical assistant may perform delegated duties commensurate with the certified chiropractic clinical assistant's education and training, but may not evaluate, interpret, design, or modify established treatment programs of chiropractic care or violate any statute. Certified chiropractic clinical assistants may not participate in clinical decisionmaking, render manipulative chiropractic care, create or change the course of a chiropractic treatment plan, or represent themselves as independent health care providers. A certified chiropractic clinical assistant may not perform medical imaging unless also licensed under chapter 43-62.8. The board may deny certification of an applicant, or may revoke, suspend, or take other appropriate disciplinary or corrective action regarding the certification of any certified chiropractic clinical assistant who: a. Has a mental or physical condition that renders the individual unable to safely engage in patient care.b. Has been declared incompetent by a court.c. Is suffering from alcoholism or drug addiction that endangers the public by impairing the certified chiropractic clinical assistant's ability to practice safely.d. Procured the certification to practice by fraud or mistake.e. Has engaged in unprofessional or dishonorable conduct.f. Has been convicted of a crime involving sexual misconduct, infliction or physical harm or bodily injury to another individual, corruption, or dishonesty which would affect the certified chiropractic clinical assistant's ability to safely engage in patient care.g. Has aided or assisted a noncertified individual to practice as a certified chiropractic clinical assistant.h. Has made advertising statements that are deceiving or misleading to the public.i. Has had disciplinary action taken in another jurisdiction.j. Has committed any violation of regulations regarding chiropractic found in this chapter or rules adopted by the board.k. Has practiced as a certified chiropractic clinical assistant while the certification was suspended or revoked.l. Is found to have committed unprofessional conduct, which includes: (1) Willfully harassing, abusing, or intimidating a patient either physically or verbally.(2) Any conduct that has endangered or is likely to endanger the health or safety of the public.(3) Conviction of a crime related to the qualification of a certified chiropractic clinical assistant.(4) Conviction of a felony or any offense involving sexual misconduct, infliction of physical harm or bodily injury to another individual, dishonesty, or corruption.(5) Conviction of violating any law or regulation concerning the dispensing or administration of narcotics, dangerous drugs, or controlled substances.(6) Knowingly making or signing any false certificates related to the chiropractic care administered.(7) Participation in any act of fraud.(8) Except as required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment.(9) Delegating professional responsibilities to a person that is not certified to provide the services.(10) Initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a current patient even if the patient attempts to sexualize the relationship, except when the patient is the certified chiropractic clinical assistant's spouse or significant other.9. Disciplinary procedures will be conducted in accordance with chapter 28-32, with the following provisions: a. Complaints must be filed and signed in written form or may be considered by the board on the board's own motion.b. The board shall notify the certified chiropractic clinical assistant and the employer regarding any complaints filed. Full and timely cooperation is required in the investigation.c. The board may appoint a peer review committee at the board's discretion. The peer review committee has the same authority as a peer review committee appointed under section 43-06-14.1.d. If the board finds probable cause to impose disciplinary action, the board shall prepare a complaint and serve the complaint to the certified chiropractic clinical assistant and employer.10. Certification is not required for individuals who solely perform administrative activities of a nonclinical nature.Amended by S.L. 2021, ch. 307 (SB 2060),§ 12, eff. 7/1/2021.Added by S.L. 2017, ch. 286 (HB 1087),§ 8, eff. 8/1/2017.