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Board of Chiropractic Examiners€¦ · 24-09-2008  · Genie Mitsuhara, Senior Staff Analyst...

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STATE OF CALIFORNIA Board of Chiropractic Examiners 2525 Natomas Park Drive, Suite 260 Sacramento, California Telephone (916) 263-5355 FAX (916) 263-5369 CA Relay Service TIITDD (BOO) 735-2929 Consumer Complaint Hotline (866) Jlt!P.jfyfli'N. Cllif.Q..J!E..:.9.Q.Y. NOTICE OF PUBLIC MEETING Continuing !=ducation Committee September 24, 2008 8:30a.m. State Capitol Assembly Room 126 Sacramento, CA 95814 AGENDA CALL TO ORDER Approval of Minutes September 4, 2008 Discussion and Possible Action Update on the Draft Proposal to Amend the Continuing Education Regulations Discussion and Possible Action Process to Review and Approve Continuing Education Courses Public Comment Future Agenda Items ADJOURNMENT CONTINUING EDUCATION COMMITTEE Richard Tyler, D.C., Chair Hugh Lubkin, D.C. The Board of Chiropractic Examiners' paramount responsibility is to protect California consumers from the fraudulent, negligent, or incompetent practice of chiropractic care. A quorum of the Board may be present at the Committee meeting. However, Board members Wh.o are not on the committee may observe, but may not participate or vote. Public comments will be taken on agenda items at the time the specific item is raised. The Committee may take action on any item listed on the agenda, unless listed as informational only. All times are approximate and subject to change. Agenda items may be taken out of order to accommodate speakers and to maintain a quorum. The meeting may be cancelled without notice. For verification of the meeting, call (916) or access the· Board's Web Site at www.chiro.ca.gov. The meeting is accessible to the physically disabled. If a person needs accommodations or mOdifications in order to participate in the meeting, please make a request no later than five working days before the meeting to the Board by contacting Marlene Valencia at {916) 263- 5355 ext. 5363 or sending a written request to that person at the Board of Chiropractic Examiners, 2525 Natomas Park Drive, Suite 260, Sacramento, CA 95833. Requests for further Information should be directed to Ms. Valencia at the same address and telephone number.
Transcript
  • STATE OF CALIFORNIA

    Board of Chiropractic Examiners 2525 Natomas Park Drive, Suite 260 Sacramento, California 95833~2931 Telephone (916) 263-5355 FAX (916) 263-5369 CA Relay Service TIITDD (BOO) 735-2929 Consumer Complaint Hotline (866) 543~1311 Jlt!P.jfyfli'N.Cllif.Q..J!E..:.9.Q.Y.

    NOTICE OF PUBLIC MEETING

    Continuing !=ducation Committee

    September 24, 2008

    8:30a.m.

    State Capitol

    Assembly Room 126

    Sacramento, CA 95814

    AGENDA

    CALL TO ORDER

    Approval of Minutes • September 4, 2008

    Discussion and Possible Action • Update on the Draft Proposal to Amend the Continuing Education Regulations

    Discussion and Possible Action • Process to Review and Approve Continuing Education Courses

    Public Comment

    Future Agenda Items

    ADJOURNMENT

    CONTINUING EDUCATION COMMITTEE

    Richard Tyler, D.C., Chair

    Hugh Lubkin, D.C.

    The Board of Chiropractic Examiners' paramount responsibility is to protect California consumers from the fraudulent, negligent, or incompetent practice of chiropractic care.

    A quorum of the Board may be present at the Committee meeting. However, Board members Wh.o are not on the committee may observe, but may not participate or vote. Public comments will be taken on agenda items at the time the specific item is raised. The Committee may take action on any item listed on the agenda, unless listed as informational only. All times are approximate and subject to change. Agenda items may be taken out of order to accommodate speakers and to maintain a quorum. The meeting may be cancelled without notice. For verification of the meeting, call (916) 263~5355 or access the· Board's Web Site at www.chiro.ca.gov.

    The meeting is accessible to the physically disabled. If a person needs disability~related accommodations or mOdifications in order to participate in the meeting, please make a request no later than five working days before the meeting to the Board by contacting Marlene Valencia at {916) 2635355 ext. 5363 or sending a written request to that person at the Board of Chiropractic Examiners, 2525 Natomas Park Drive, Suite 260, Sacramento, CA 95833. Requests for further Information should be directed to Ms. Valencia at the same address and telephone number.

    http:www.chiro.ca.govhttps://www.chiro.ca.gov/

  • STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

    Board of Chiropractic Examiners 2525 Natomas Park Drive, Suite 260 Sacramento, California 95833-2931 Telephone (916) 263-5355 FAX (916) 263-5369 CA Relay Service TTffDD (800) 735-2929 Consumer Complaint Hotline (866) 543-1311 www.chiro.ca.qov

    BOARD OF CHIROPRACTIC EXAMINERS

    MEETING MINUTES

    Continuing Education Committee

    September 4, 2008 · ·

    2525 Natomas Park Drive, Ste. 100 Sacramento, CA 95833

    Committee Members Richard Tyler, D.C., Chair Hugh Lubkin, D.C.

    Staff Present Brian Stiger, Executive Officer LaVonne Powell, Senior Staff Counsel John Melendez, Staff Services Manager April Alameda, Staff Services Analyst Genie Mitsuhara, Senior Staff Analyst Valerie James, Office Technician

    Call to Order j/. '.,

    Dr. Tyler6alled the rneeting to,order 2:29p.m.

    Ron·call

    Dr. Lubkin called the roll. All committee members were present.

    Approval of Minutes

    April 24, 2008

    DR. LUBKIN MOVED TO APPROVE THE APRIL 24, 2008, MINUTES; DR. TYLER SECONDED THE MOTION; VOTE 2-0; MOTION CARRIED.

    Process to Review and Approve Continuing Education Courses

    Dr. Tyler provided a brief overview of the past review and approval process for continuing education courses. The process involved committee members meeting with Board staff to review and approve

    . - I

    https://www.chiro.ca.gov/

  • staff recommendations for course approval. . Dr. Tyler emphasized that in the prior review and approval process licensed chiropractors were involved.

    Dr. Tyler raised concerns with the current process in that it does not include a chiropractic presence for the final approval.

    Dr. Lubkin provided the highlights of a discussion he had with Mr. Stiger regarding the current approval process. He recommended that staff consult one of the Board's experts to assist staff review and evaluate continuing education courses. The experts would be selected by their specialties. Dr. Lubkin also cautioned that the staff should not be micro-managed to the extent that they become ineffective.

    Dr. Lubkin also mentioned that appeals should be heard by the Continuing Education committee if the appeal was not resolved by the Executive Officer. ·. ·

    Ms. Powell raised concerns about a three tier appeal system, which slows down·the process and the final decision is ultimately made by the full Board. Under the committee's proposal the appeals would include the Executive Officer then the Continuing Education Committee then the full Board Ms. Powell indicated that course providers have not raised any complaints to the Board regarding the current review and approval process.

    Dr. Tyler raised concerns with staff making determi11ations on course approvals without being a chiropractor. Dr. Lubkin stated that Board staff has the ability to consult a Board trained subject matter expert when issues arise:

    Ms. Powell stated that state employees are professionals and that Genie Mitsuhara is a professional in reviewing and approving continuing education courses and probably knows more than anyone in the state about these courses.

    Dr. Tyler mentioned that af:ter the continuing education regulations are revised, what would be the purpose ofthe continuing education committee? Ms. Powell said that the committee needs to focus on polic;y issues.··· · ·

    Mr. Stiger explained how chiropractic experts are selected, trained, and used during the review and approval process of continuing education courses.

    Dr. Charles Davis, International Chiropractic Association of California stated that many courses are repeated on a yearly basis,which does not require an expert to be involved in every single continuing education course ..He stated that some courses need to be audited.

    Dr. Lubkin stated he would like to see the Board audit 10% of the continuing education courses approved by the Board on an annual basis.

    DR. TYLER MOVED THAT MR. STIGER DEVELOP A REVIEW PROCESS THAT INCLUDE THE USE OF BOARD EXPERTS THAT WILL BE PRESENTED TO THE FULL BOARD; DR. LUSKIN SECONDED THE MOTION; VOTE 2-0; MOTION CARRIED.

    "2

  • Update on the Draft Proposal to Amend the Continuing Education Regulations

    Dr. Davis recommended that chiropractors be required to take the same courses required of all health care providers and let chiropractors select the remainder of the courses to make up the required number of hours.

    Mr. Stiger provided a brief update on the progress of the workgroup created to draft a proposed rewrite of the continuing education regulations. Mr. Stiger indicated five areas of change including: increase CE hours from 12 hours to 24 hours; up to 12 hours could be"earned through distance learning; a combination of mandatory and elective courses; the 50 minute hour; and a new fee structure. ' ·

    Dr. Tyler believes that adjustive technique should be a mandatory course. Dr. Davis recommends that adjustive techniques should be an elective course.

    Dr. Ray Welch expressed appreciation for being on the work group. He also opp()ses the increase in required number of hours and supports mandatpry hours for adjustive technique.

    Kristine Shultz, California Chiropractic Association, made positive comments about the work group.

    Dr. Tyler asked Mr. Stiger to prepare an· update of the working group's progress at the next meeting.

    ADJOURNMENT

    Dr. Tyler adjourned the meeting at 3:17p.m.

    -3

  • Draft Proposed Regulatory Language for Continuing Education

    Revised September 17,2008

    §355. Renewal, and Restoration and Reinstatement.

    (a) Commeneing with tho rene\val period for 1973, The doctor of chiropractic license expires at midnight annually on the last day of the licensee's bitih month. A licensee may not·engage in the practice of chitupractic in Califomia under an expired license. The licensee shall submit, prior to expiration of the

    ·license, a renewal application, an annual renewal fee of one hundred alldJifty dollars ($150.00), and a statement that he or she has completed within the past twelve (12}inonths.coniinuing education meeting the requirements of section 356. eaeh lieense and eaeh applieant for restoration o{aJieense that was forfeited for failnre to renew shall, as a eendition to renewal or restoratiqn··af his or her lioonse .. ari:din addition to paying the ll!lffilal renewal fee of one hnndred fifty dollars ($150,00) or restoration fee of d.ollilie .the annnal renewal fee as provided by seetion 12 of the Aet (California Business and Professions Code se10tioa 1000 12), and sllilmit evidentiary doenmeatation proof that he or she has. completed .vti:hin the past 12 moB:ths a eonrse of eontinning ed.neation approved l3y the board on a form (No, 09Rf'iJ[Sf91) provided l3ytlie hoard titled Rent¥.val Applieation. The Renewal Applieiition as provided by .the~ board. will indieate the eurront year of renB'Nal. Continuing education requirements must be completedpriodo expiration of the license.

    (b) In lien of snl3mitting the proof of e~mpietien of eontinning eaaeation reEtHired nnder sooseetion (a) al3ove, any sueh lieensee or applieant may submit a statement, ·.vhleh shall be verified or eertified uoder penalty of perjmy, that he or she vlill not engage .m the praetieeof Chiroprcaetie y;itilia the State of California d.nriug the period for whish renewal or restoration is sought i:mlesslle or she first eompletes an approved eeurse of eontinning ed.nejitien and sllilmits prooftheroof to the board; and that fie or sfie understands that failure to de so y;ill eonstiMe grounds for the suspension or revoeation of his or fier lieense. f, lieense that fias 63lplred for failure to renew may Be renewed at any·tiffie within three years after the B*piratiOB date. If BO applieation is reeeived within three years, the Board sfiall eaneel the lieense. A licensee may request that his or her license be placed on inactive status. The licensee miw not engage in the practice of chiropractic in Califomia under an inactive license. ·· To renew a license as inactive, the licensee shall submit a renewal applicationi:u1d renewal .fee prior to expiration of the liCense. To restore an inactive license to active status, the licen:sing shall c-omplete a foim provided by the Board titled "Inactive to Active License Request" and documentation that he or she has either. (1) completed continuing education meeting the requirements of section 356 for each year thatthe license was inactive; or (2) held an active license in another state.

    (c)To restore a caneelled lieense, ilie pemon must submit to the Board's offiee, in eomplianee with the applieation instrnetions, an app!ieation for restoration, pay a fee of twiee the annnal amount of the renewal fee,

    · ··:·and previde.evidence of Board approved emi.l:inning ed.neation, as specified in California Code of Regulations, · seetion 356, for eaefl'Jil month -period in whiefi the lieense was eaneelled. Coni:iniling ed.neatioi1 requiTed to · restore a eaneelled·lieensed.must be eommeneed and eompleted d.nring the 12 month period irnmediately preceding the reEtHest for restoration. A license that is not renewed within sixty (60) days of its expiration is forfeited. A forfeited license may be renewed at any time within three (3) years after t11e expiration date. To restore a forfeited license, the licensee shall submit an application on a form provided by the Board titled "Restoration Application", provide documentation that he or she has completed the continuing education meeting the requirements of section 356 for each year tl1at the license was forfeited, and pay a fee of twice the annual renewal fee.

  • (d) Licenses for doeters of chiropractic which heretofore GKpired on the last day of December each year will henceforH1 GJl]3ire on the last day of the birth month of the licensee in each year.

    To facilitate the conversion to the llirthdate rene·.val system for aoctors of chiro:J3raetic, licenses that Bll]3ire on December 31, 1991 willlle renewed for :J3eriods from seven (7) to eighteen (18) months. The fee to lle :J3aiEl shall be that determined by niDltij3lyffig 1112 of the renewal fee by the RRJ']1Bilr of months of licensure in accord with the following schedule. All fees shall be roundea to the neamst_whole clollaL

    Will Be Licensed for

    Licensees Bam In The Period ..-o .·. .Months of Licensure --~Jen!l1Uu~ar~yL-------------~J*armnnuarar~~·~9~2riJ~arnnuwarH¥y~9~3--~"~···~··~------~1~3. _ --f'FeBil33fnnllaraFVy--------------~JJ.fllfmnnuilfm~~·.J,91:.!2,.-JF"nru'lfariF)v-'.Y.93"-.·""··~/~·c,.c'------------,1144

    March January 92 March 93. / . .. 15 -~--. ···-...~ cA:J3ril Jilflliary 92 April 93 .. •· Hi ·~-

    May Jilflliary n May 93 ·. . F . 17 .. Jllly Jilffllary 92 Jllly 92 ·.. ·· ·· 7

    August Jilffllary 92 f.ugust 92 g

    S0:J3tembar January 92SBJ3tl$-~ar 92 9

    Octoller Jilflliary 92 betober·n _ 10

    This will be a one time'reduetion or·merease, cftective Jilflliary 1992 all licenses willlle annually renewed OR a birtlJ.c:late Fef!Bwal'!iystem. • . • \ .

    This suBsection shaJ.i 'l'effiaHl ffi effect until June 30, 199;!, end on such date is r6:J3ealed. ·. . ----,-

    A license that-cis. not renewed "-'ithin three (3)y~ars of its expiration shall be cancelled. To restore a cancelled license, the licensee shall submit an application on a form provided by the Bom:d titled "Application for Restoration After Cancellation", provide documentation tbat he or she has completed tbe continuing education 1neeting the requirements ·of section 356 for each year tl1at the license was cancelled, and pay a fee of twice ~e annual renewal fee.< · · ·· ..... ..

    NOTE: Autbbrity cited: Sections 1000-4(b) and 1000-10(a), Busi1.1ess and Professions Code. Reference: Section 1 000~12, Business m1d Professions Code. HISTORY: '· . , '

    · 1. New article 6 (~eetions3S5 thTough 358) filed 1-31-72; effective thirtieth day thei'eafter' (Registe1'72, No;'·· ',·._6). ' .

    2. Amendment of subsection (a) filed 5-26-88; operative 6-25-88 (Register 88, No. 23). 3. Amendment of subsection (a) m1d new subsection (c) filed 4-23-91; operative 5-23-91 (Register 91, No.

    21). .· !

    .4. Amendment of subsection (b), new subsection (c) m1d subsection relettering filed 3-19-2001; operative 418-2001 (Register 2001, No. 12).

  • §355.1. Continued Jurisdiction of a License.

    The suspension, expiration, cancellation, or forfeiture by operation of law. of a license issued by the board, or its suspension, or forfeiture, by order of the board or by order of a court of law, or its surr-ender without the written consent of the board shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground. // · ·

    NOTE: Authority cited: Sections 1000-4(b) and 1000-10, Business ...~fl Professions Code (Chiropractic Initiative Act of California, Stats. 1923, p.lxxxviii). Reference: Secticms lOOOA(b)and 1000-10, Business and Professions Code (Chiropractic Initiative Act of California, $tat~.)923,p. lxxx\rii~): HISTORY: ..... '·.

    _,/

    1. New section filed 12-6-2000; operative 1-5-2001 (R()gister2ooo, No. 49). 2. Editorial corr-ection restoring inadvertently omitted iy6i;d (Register 20()l,No. 3). 3. Amendment filed 7-7-2003; operative 8-6-2003 (ReglSl()r'@003, Np:Z8)/

    •.C,§355.2. Inaetive Lieense. ·' . ~-

    l< licBRseEI chlro13ractor may ~flly to the fu~ata·to teEjf!est that ffi;'~{hsrlicease be fllaeeEI oa ffiaetive statas. An iaaetive licBRse shall be reaeweEI ooriag tb.!> sametiqle perioEI at vibjghfll} active lieease is reae·.veEI. The Fefl8'Nal fee for a licease ifl all ffiactiye staffis shall be thesame 'fee assess~efJor reaewal of all active lieBRSo;l. Liceasees holEling aa inactive,bieefi§e sllall be eJte¥,ptfroJ'R co!lti~g eElu0atloa reqHiremerus.

    The bo!Eler of aa iaaetiV'~ lieease sh~not eagag~ia th~ f!raetiee of ehlrof!raetic ooring the tiFRO the lieense is iaaetive. ·

    Liceasees on inaeti'.:: ~ta:tas who.h~: niifeOffirajttealm-J'acts or criFROs coastitatiag grmmEls for Elisciflliae may sH!Jmit a writteRnlqHest for ail a§ti'!e Jfeease~afid i!J.e-fellowing:

    -~ -. ·. -" -- -. --- - .··

    (a) B>tidence of b6at_d 8-]'lf!ro·ied e.offiiooiag eoocatioa for each 12 month 13eriod or f!Ortioa thereof the liC6l1S~ 'lias inactive. The eoirunuiago',~d'ucation fllUSt be tallen f!rior to the reqHest for aetP;atioa aad shall comt3ly '11ith Califomia Cod~ ~fReglliatiE;JHSS?ctioa35€i; or

    (b) lf fl~etieiag ia aaother state, 13roviEle 13roof of lieeasure and eoatiooing eooeatioa from that state for each 12 FRO!lth f!erioEI the liceas,e 'Nils iaaetive ia California.

    NOTE: ·Authority cited:' Se~tiohs 1000-4(b) and 1000-10, Business and Professions Code. (Chiropractic· ·

    Initiative Act of California, Stats. 1923, p.lxxxviii). Reference: Sections 1000-4(b) and 1000-10, Business and

    Professions Code. (Chiropractic Initiative Act of California, Stats . .1923, p. lxxxviii).

    HISTORY; ,,

    ' 1. New section filed 7-2-2001; operative 8-1"2001 (Register 2001; No. 27). '

    §356. Continuing Education Requirements Cearse Centent.

  • (a) A.ll aostors engaged in astive praetise, v:hether on a fnll time or part tirne basis, shall somplete a mini11111m eftwelve (12) honrs pe1·1isensing year of sontinning erlnsation sonrses approved by tbe boai·a.

    The boai·a shall sonsiaer for approval tbe applisation of any sontinning erlnsation sourse whish sonforms to ~:be eriteria below ana is sponsored by a beard approved eontiBUing erlneation provider.

    f, sontinuing erlnsation conrse rnay sontain more tban tv;elve (12) hours ofaj3pro•

  • (4) fusurance procedures and reporting.

    (c) Licensees may earn continuing education credit for courses offered by providers that are approved by the California Depatiment of Industrial Relations, Division of Workers Compensation.

    (d) Licensees may eat11 np to two (2) continuing education honrs for each renewal cycle offered by providers that are approved by atlV board or bureau in Division 2 of the Business and Professions Code; or approved by atlV orgat1ization authorized to approve continuing education by atlY boat·d orhureau in Division 2 of the Business atld Professions Code. _.

    NOTE: Authority cited: Sections 1000-4(b) and 1000-4(e), Business ~dProfessions Code. Reference: Sections 1 000-4(b) at1d 1 000-10( a), Business at1d Professions Code,·· .. HISTORY: 1. Amendment filed 5-5-78; effective thirtieth day thereaftei~egister 78, No. 18). · ·· .. 2. Amendment of subsection (d) filed 7-30-87; operatiye 8c29c87 (Register 87, No. 32). ·· ... 3. Amendment of subsection (d) filed 6-3-92; operative 7-3-92 (Register92, No. 23). , 4. Amendment filed 3-22-99; operative 3-22-99 pursm!nttoGovernrilen~Code section 1134i4(d) (Register 99, No. 13). " ~c; ~ .··

    §356.1. Cardiopulmonary Resuscitatio~lls{cJ:,ife.Support Tfali1jng. \/_:-~~"-

    ..

    NOTE: Authority cited: Section 1000-4(b), Bu's¥le~s at1dProfessiqns Code{Qhiropractic Initiative Act of

    Califomia, Stats. 1923, p.lxxxvii}Reference: Sectixm 100.0A(e);B1Jsiness ali.d Professions Code

    (Chiropractic Initiative Actof California;Stats. 192$, p:·IxXxvii). ·· · ·

    HISTORY: 1. New section filed 10-22:2()03; operative 11-21-2003 (Register 2003, No. 43).

    2. Repea)erfiled 4-9-2007, 9perative 5-9~2007 (Register 2007, No. 15)

    §356.5. Continuing EdrielJ.tii:m Pr.ovi(le!"Ag:(ll'oxa},putjes and Responsibilities . .. ~-:_----

    (a) In pl'der to B()COmeand i~mffin eligible for il]3j3n)val. ey the eoard as a continuing education provider, each pro;ri~1· must eoffltiiY ·.vith pro;lisions (13)(1) through (13)(10) of this section and provisions of sectioa 357.}lailure to co;nply .,.;}th these prtwisioas may result ia the vcithdrawal. of approval. of the provider by the board; A provider that has had l;t~ approv~;..:!thdrawn ey the eoard shal.l not be eligiBle to provide continuing educatiofi,!Jfedit until the board fsinstates thepro\•ider · . ,\ provider·that·has lost appmvru may reapply to the eoard for approval. as a continuing education provider after a period Of suspension established by the board at the time that approval. is withdrawn not to eKceed two . - - . '

    . years. . ·.. .·· ...•. (B) Each continuing educatioa provider shal.l:

    (1) Make writtea application to the board .for approval. as a continuing education previder, and al.so prBYiE!e to the board a written mission statement that outlines ~11e pwvider's continuing education objectives and declares the provider's comnxitrnent to eonform to the standards set forth in tlxis section. f

  • - - --

    date sf FB!Oei[Jt. Complete 8flplieations will be re>liewed at tbe scbednled board meeting and notifieation of tbe board's deeision will be provided in writing witbin t>.vo weeks follov?ing tbe board meeting;

    (2) Have engaged -ifr.tbe business of providing edneation to lieensed· befrltb eare professionals eonsisting of no less tban one eourse in eaeb year of a five year period immediately preeeding the date of applieation for approval by tbe board as a eontinuing edneation provider;

    (3) Designate a person responsible for overseeing ad! eontinuing edneaj:ib;~ aetivities of tbe provider and provide written notifieation to 'ibe board identifying that individual; · ·

    .· .

    (4) Use teaehing metbods tbat ensure student eomprehension of.·tbe ~~~ct matter and eoneepts being taught; ..· ·.

    ,.·· ·.. ·- ..

    (5) EstalJlish and maintain proeednres for doeumenting eo~letion of eourses, r~ilin attendanee reeords for at least four (4) years from tbe date of emlrse eompl¢tion, and finnish tbe board with a roster of persons eompleting the eourse, ineluding tbe name and state ebirepraetie lieense number of eael3. eeurse partiei[Jant, within 60 days sf eourse eompletion. Failure to submit the lfst of eo!lrse pa£tiei]3ants within siXty (60) days of eourse eompletion may be grounds for withdrawal or denial of em±rSe approval;

    '.. . - -.---=:-

    (6) If any partici[Jant's alJsenee from the·~

  • §357. Continuing Education Exemptions, Reductions and Accommodations f..ppreval ef Cenfuming Edueatien CeHFSes . (a) The application for apprO\'al of a eoBi:inHing edHeation eoHrse shall be sHllmitted to the lloili·d office at least 45 days prior to the date of the eoHrse aad shall ineffide a nonrefundable application fee of $50.00 aad ili1Y other dorumentili·y information required lly the lloard pursuaat to section 358. Tl1e application fee for ongoing postgradHate comses presented lly ehiropraetic instilHtions accredited lly the CoHneil on Chiropractic EdHeation (C.C.E.) is dHe apon initial receipt of the application for appwval;regili·dless of the numller of comse meetings in one ealenda1· )'Bili". CoHrses with sehedHies eontinuing_iilto a second calendar yeili· must sHbmit a new apj3lieation for the second ycili· if contim01ing cdHea!ion cre"ditJwurs are to lle offered for that year. The llO'.V application for the second year must coBi:aill the requ~dfce ($50.00) .

    .· (_

    If a coHrse fi!Cets the criteria of the board, the lloard shall.xmtify the proi.'i~er when a comse has been approved. ......

    Me!lcioll of such approval shall be ineffided ill aanouneel3-leBi:s of the pwgriliH aad the wlnted program itself as fellows: "Approved lly the California State Boili·d ofGhiropraetie EN;~ers for lieenser~e~al."

    ·.,__-·

    (b) Any lloard msmber, or memllers, or llqard designee shalll'lave the right to inspect or audit any approved ehiropraetie eoHrse in progrsss.

    (e) The boili'd, may, after notification and an:oj3poifunity to be heili·t(withdntw approval of aay continuing edHeation course, aad shall inrmediately notify the pro•.i-Qe£ Of sHeh actiet'l(

    - _, _.., - ·o

    (a) The following licensees are.exellipt from the tontinuini/~ducatio~'ieguirements of section 356: ··-_)/

    (1) Inactive licensees;.·"

    (2) New licensees ~hoirre in their inilialyear of licensure;

    (3) Full-timeand.part-tirrieinstnitton;'wnifteach ~ore ~l1an 20 hours per week at a Council on Chiropractic Education accredited college for atleast six (6) months in the renewal year. The instructor must provide certification from thecollegeverlfving the hours taught.

    (4tBoard Members who]1ave'served one full year on the Board will be exempt only for each year he or she serves oil the Board.

    ~- ·. ,_- - '

    (b) A license~s who teach a board-approved continuing education course may earn two (2) hours credit for ... :>.each hour·of.lecturh1g up to a'maximum of eight (8) credit hours. Credit for the same course, presentation·

    shall be granted only cmceduringeach renewal cycle. ··· '·, · · · · r ' '' '· · · '

    (1) Commissioners on Exantination who administer the practical examination at least twelve (12) hours annually will be credited twelve (12) hours. towards their twenty-fdur hours of continuing education in the years they act as Commissioners on Examination. Commissioners on Examination must provide a certification from the National Board of Chiropractic Examiners confirming the comnussioner's involvement.

  • (c) If a licensee is unable to attend continuing education courses due to a physical disability or serving as active duty in the military the board may approve upon request that the licensee obtain all required credit through distant leaming courses. The licensee shall provide evidentiary documentation on a form provided by the Board.

    NOTE: Authority cited: Sections 1000-4(b), 1000-(e), Business and Professions Code. Reference: Sections 1000-4(b), 1000-lO(a), Business and Professions Code. HISTORY; // 1. Amendment filed 1-4-77; effective thirtieth day thereafter (Register 77{No, 2). 2. Amendment filed 5-5-78; effective thiltieth day thereafter (Register 78, .No. 18). 3. Amendment of subsection (a) filed 2-15-79; effective thirtieth dqythereafte~ (Register 79, No.7). 4. Amendment of subsection (a) filed 7-30-87; operative 8-29-87(gegister 87,Np. 32). 5. Editorial correction of subsection (a) printing en'Or.(Registef 87, No. 38). .. 6. Amendment filed 3-22-99; operative 3-22-99 pursuanttci Govenrment Code seCtion H343.4(d) (Register

    99, No. 13). // .___ . ',=cc-'c.,-c-,

    §358. Exemfltions and Reduetien of Reftllkement. C()ntinuing Education Providers. 0 '/

    (a) All Eloetors of ebHepi'a€tie speeifieally exempteEI from,.orobtaiaing a reEiaetioa in eoatinHiag eEiueation requifeareats iaeluEie the following: · . . ·

    (1) Inaetive lieeatiates;

    (2) New lieeatiates in the )'ear ofinitiallieenslire;

    (3) TeaeheFS. A full time teaehBF, aaEI_ part time teaehers who teaeh more than 20 hom·s pBF week as ElefineEI, l3y C.C.Il. mgHlation,shalll3e ffimmpt from the required hems Hatil no long& engages in full time ehiropraetie teaehiag. · . . · ·

    (4) Leemrers. A leetHrBF shallB\l'gi:ventv'ID-hrmrsereEiitfor eaeh hoHr of aetHalleemling at a reeogaizeEI eomse. Creclitforthe_sarae eOJoJrsepreseirtatioa shalll3e grameEI only onee EIHFing ea€h year.

    (5) Ifii~:etorisuaa~le«J~~nd a eoatinuing eEiaeation eourse Elae to ill health, emEiit may l3e granteEil3y · the 1-)oa£0, \lfJon request fol' AoeHmem;eEI eompletioa of twelve (12) twenty four (24) hoHrs of roeorEieEI or YiEiecitapeEI approves eoatinui~ eEiaeatiofl course v1ork. 8Heh an exe!IljJtioH requ13st mHst l3e maEie prior to the Elate tha:t $erequireEI continuing 'eEiaeatioa must l3e OD!IljJleteEI ana in '.vt'itiag to tho BOai'EI's offiee ana must also l3e a€eo!)olpimieEil3y an attefi?ing Eloetor's state111ent.

    . . -, :

    .. :: .. . ...... ' The lieeasee sh

  • (7) f.ctiYe Board Members. Professional boa±"d members who have served one full year on fue Board of Chiroj3ractic BKaminers shall be ffitemj3t from fue contiHUing edflcation reE[Uiremeflt in each yeffi· of bo8l·d member service. Applicants who wish to become board approved providers shall meet the qualifications of either:

    (a) Applicants who wish to become continuing education providers who are authorized to approve their own courses shall complete the form entitled "Application for CE Providers Authorized to Approve Own Courses" (Rev. ) which is incmporated herein by reference and shall meet all ofthe requirements contained in the application.

    (b) Applicants who wish to become continuing education providers W'h~m~st obtain Board approval before they are authorized to provide a course shall complete the form entitled "Application forCE Providers not Authorized to Approve Their Own Courses" (Rev. ) which is incomorated herein by reference and shall meet all of the requirements contained in the ·application. . · ·

    (c) If denied, an applicant may petition the board for re~~~sideration within 30 days fromthe date of denial. The petition will be heard by the full board at the next available board meeting. · -· ·

    --_-- _··---. ,./- -.

    NOTE: Authority cited: Section 1000-4(b), ~usiness and Professions Code. Reference: Sections 1000-4(b) and 1000-4(e), Business and Professions Code.J ·. .. ·. •.-.···· · HISTORY: . \ \ .-.. -. . . - • ··. •··

    1. Amendment filed 1-4-77; effective thirtietli cfuy there&fter (Register71, No. 2). 2. Repealer and new section filed 5-5-78; effective thirtiethdayi:hereaftet'(Re.gister 78, No. 18). 3. New subsection (6) filed 9c27~79; effective th.it1ieth day thereafter (Register 79, No. 39).

    · 4. Amendment filed 7-30-87; operatiye 8c29-87 (Regisfer87, No. 32). · · 5. Amendment filed 3-~2:99;operativ~ 3-22-99 pursuant to Government Code section 11343.4(d) (Register

    99, No. 13). f. ·· ' .

    §359. Revoked BF Suspen;ded Lieeases Colltiriuing Education Course Requirements. ' - -- ' - .. - - c---·

    Any pe.rs~k ffiiaki~g-application; for reffistatemefltbrrestoration of a license whlch has been revoJr..ed or suspenciel'l. 'fRay be requjt~do, as ~ part of the relief graa~eEl, to complete aa approved course of cofltiHUiHg edflcaUOR, Dr to COmplete Stt~ft ~tuey Of training as fue board may reE[UirB.

    (a). The-basic objectives ~ridgoals of continuing education are the growth, maintenance of knowledge and competency, ths cultivation of ~kills, and greater understanding, with a continual striving for excellence in chiropractic care and the improvement in the health and welfare of the public.

    (b)The application for apProval of a continuing education course shall be completed on a form prescribed by the board. Continuing education course applications must be received by the board office at least 45 days prior to the date of the course and shall include a nonrefundable application fee of $ per each hour of course content requested.

    (c) The board shall consider for approval the application of any con tinning education course, which conforms to the criteria below and is sponsored by a board approved continuing education provider.

  • (1) A continuing education course may contain more than twenty-four (24) hours of approved subject material. No more than 12 hours of instruction shall be given during any twenty- four (24) hour period.

    (2) Each course approved by the board must present subject material directly related to the concepts of chiropractic, principles and practice including diagnostic procedures, patient care and patient management. No course may include, reference to, or advertise increased profit or ot11er financial gain, methods to increase patient volume, or advocate recommending se1.Yices to patients to generate income.

    (3)Topics that may be approved for continuing education inchide ... butare not limited to, mandatory requirements as outlined in Section 356; principles of practice; patient documentation; nutrition; public healili; diagnostic imaging and interpretation; laboratory 1-esults and interpretation; philosophy of chiropractic; clinical science; pain management; rehabilitation; and Cardiopulm:On_aryResuscitation;

    (4)Continuing education credit shall be based on a contact hour defined ascfifti((50) minutes of participation. Regular class breaks shall be at the discretion of tM··instrnctor and shallbe scheduled to promote learning. Calculation of continuing .education courseim~dit shall not include tiine for breaks. IT aoy participant's absence from ilie room exceeds ten (10)·illil1utes during any contact hour, credit for iliat hour shall be forfeited. , • . · " ·

    (5) Continuing education courses offered as:distance lear~inglnay include manuals, compact disks (CD), digital disc CDVD), audio andvideo·tapes, computer or ihternet courses and other emerging formats as determined by the board.·... . .. . · .. .

    (A) Distance learrungcourses shall include awell defined·selof learning objectives and a testing component that reflects mastery of ilie key learning objectives.

    (B) Internet based courses must include a mechanism to demonstrate the participant is interacting with the-program during each full hour of learning.

    (C) The certificate of cmnpletion. issued for ·a. Internet based course must include the date ilie _.. program was completed aloni(with the log ih and log out times for the program.

    ·-- --/·,

    (d)Topidthat \;/ill not b~ approved are iliose iliat only benefit the licensee; financial management, income generation, billing, collections, self-motivation, practice-building, and patient recrnitment.

    '..,_, - - ·,- ----

    (e) Applicarits with incomplete information.~ill be notified of the deficiencies in writing within two (2) weeks from ilie date ofreceipt. '

    . ', .'

    (f) Any change of course content requires submitthl of anew· application. ' __• ..- 1 '

    (g) The board or board designee, after notification and an opportunity to be heard , wiilidrawal approval of any continuing education course, and shall notify tlle provider of such action.

    (h) Any board member, or members, or board designee shall have the right to inspect or audit any approved chiropractic course in progress.

  • HISTORY: 1. New section filed 5-5-78; effective thirtieth day thereafter (Register 78, No. 18).

    ' §360. Continuing Education Audits.

    The Board shall conduct random audits to verify compliance with Continuing Education requirements of active licensees. Licensees shall retain documents of completion issued tq.tliem·at the time of attendance of Board-approved Continuing Education courses for a period of four years 'and.shall forward such proof to the Board within 30 days upon request. /

    .. ·.

    Licensees who fail to retain documents of completion shal!;btain du;lleate documents, from Boardapproved Continuing Education providers, who shall issue c!up!icates only to lic.ensees.whose names appear on the providers' rosters of course attendees. The docilments of completion sh_all be clearly marked "duplicate" and shall contain the licensees' names andJfcense numbers, as well as prdv.iders' names, course approval numbers, dates of attendance, and hours earnec;Lc ' .· . · ·. ··.. .

    Licensees who fuinish false or misleading informati~~ to)iie B6~~ 1'eg~·ding their Conti:~ing Education hours shall be subject to disciplinary action./>,·. ·.,__ ; I

    • c-• • ·~. "'•.- ·•,

    ·.. NOTE: Anthority cited: Section 1000-4(b), B11silless andl?rofessions'Code (Chiropractic Initiative Act of

    California, Stats. 1923, p.lxxxviii). Referenc;e:.Sectionsi_OOOA[b), 1000,4~e)and 1000-10, Business and

    Professions Code (Chiropractic Initiative Act o(ca:Iifornia, Stat8:c1923, p: btxx,viii).

    HISTORY: 1. New section filedl0~16-2003; operfttlve 1J::'15-2003_(R,egister 2003, No. 42).

    r· - , .• - -

    II -_r~

    II

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  • STATE OF CALIFORNIA

    · Board of Chiropractic Examiners 2525 Natomas Park Drive, Suite 260

    Sacramento, California 95833~2931

    Telephone (916) 263-5355 FAX (916) 263-5369

    CA Relay Service TT/TDD (800) 735-2929

    Consumer Complaint Hotline (866) 543-1311

    Ww.N.chiro.ca.gov

    Memorandum

    Date: September 17, 2008

    To: Continuing Education Committee

    Board Chiropractic Examiners

    Via:

    From: John Melendez

    Licensing and Continuing Education

    Subject: Re11ised Continuing Education Approval Process

    This memorandum is intended to describe the current Continuing Education Course approval process.

    Within 21 days of receipt, the Licensing Analyst completes a comprehensive review of the documentation submitted by the approved continuing education course provider.

    During the initial phase of the review, the Licensing Analyst ensures the following required documents and information have been received:

    );> Course Syllabi

    );> Completed Course Application

    );> Hour By Hour Course Outline

    );> Course Dates and Locations

    );> Brochure-Promotional Materials

    );> Sample Certificate of Completion

    J;> Instructors and Corresponding Hours of Instruction

    J;> Number of Continuing Education Hours Requested

    Throughout the initial phase of the evaluation process, the Licensing Analyst verifies the accuracy and consistency of the information provided.

    https://www.chiro.ca.gov/

  • It is significant to note that efforts will be directed toward "fast tracking" courses meeting

    the following criteria:

    >- Prior year Board approval

    >- No Change to Course Content

    >- No Change in Number of Hours of Instruction

    >- No Change in the Number of Continuing Education Hours Requested

    During the second phase of the evaluation process, the Licensing Analyst utilizes all available resources, to perform a detailed analysis of the course content in order to

    ·ensure that the course information to be presented is fully consistent with established chiropractic scope of practice parameters. The Licensing Analyst maintains a comprehensive worksheet delineating relevant course analysis data.

    The Licensing Analyst will consult with a fully vetted and trained Chiropractic Expert in

    the event a question or concern regarding the appropriateness of a course arises during

    this phase.

    Following completion of the evaluation process, the Licensing Analyst provides written . notification of course approval or denial. Should a course be denied, the provider is fully advised of the established appeal process.

    There appear to be numerous benefits to the current continuing education approval process when compared to the previous process. These benefits include the following:

    >- The utilization of fully vetted and trained Chiropractic Experts to review and resolve questions regarding course appropriateness.

    >- The establishment of a timely appeal process which allows the provider to present an appeal to the Executive Officer.

    >- An expedited approval process resulting in a sixty-five percent reduction in approval process time when compared to the prior process (i.e. 21 days versus 60 days).

    >- Substantial reduction of the pre-course course submission timeframe as provider course submission is no longer required to be completed 30 days prior to the Board meeting.

    >- A significant reduction in staff time previously devoted to the completion of committee worksheets and written rationale for course approval, denial or reduction of approved hours; as well as the resources required to copy-mail course applications and attachments to Committee Members for review.

    >- The Continuing Education Committee is no longer burdened with performing an extensive and time cC!nsuming review process thereby allowing the devotion of additional time to estai:Jiishing, improving and refining continuing education policy.

  • >- Alleviation of. potential conflict of interest issues upon appeal to the Board.

    >- Elimination of the previously required provision of handouts and lecture notes by providers

    Since the implementation of the revised approval process approximately one year ago, there has been no evide11ce that a continuing education course has been inappropriately approved.

    Moreover, the appeal process has been effective in resolving disputed course denials. Of the four appeals received and heard by the Executive Officer, two resulted in course approval while the remaining two appeals resulted in confirmed denials. There have been no appeals beyond the Executive OffiCer level to date.

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