BULLETIN 01/12/2021 – Comment Period Closing Soon For Proposed Amendments To BOE Rules

The Board of Examiners has begun the process of amending two existing rules and adopting one new rule. If enacted, these rule changes would take effect on July 1, 2021. This bulletin will provide a summary of the rule changes along with instructions on how to file written comments with the BOE.

Rule 21 NCAC 10 .0103 STRUCTURE OF BOARD

• This existing rule specifies the way in which candidates for appointment to the BOE are
  nominated. The BOE wants to make the following changes to the existing rule:
  Currently, elections for nominees are required to be held in March and September. The
  BOE wants to eliminate these fixed dates and hold elections at such times as it deems
  necessary.
• Currently, the BOE must post notice of an election on its website 90 days in advance. The
  BOE wants to reduce this notice requirement to 30 days.
• Currently, elections are held in-person and allow for oral nominations and seconds from
  the floor. The BOE wants to eliminate oral nominations and seconds and use instead
  “letters of endorsement” that would be submitted to the BOE no less than 21 days prior to
  the election.
• The BOE is obligated to provide three nominees for each vacancy. Currently, these
  nominations are made from the floor during the election. The BOE wants to have the
  authority to complete slates of nominees by providing additional names that it has
  selected rather than names that have been offered from the floor.

COMMENT: In effect, these changes restrict the window of opportunity for doctors to become candidates for the BOE and reduce the power of the licentiate body to determine who will be nominated for appointment to the BOE.

Rule 21 NCAC 10. 0203 EXAMINATION

This existing rule specifies the time and manner of administering the North Carolina Examination for chiropractic licensure. The BOE wants to make the following changes to the existing rule:

• Currently, the BOE must give the examination at least once a year; additional
  examination dates are discretionary. The BOE wants to eliminate its discretion authority
  and obligate itself to giving the examination four times a year.
• Currently, the BOE is obligated to give applicants for licensure 90 days advance notice of
  the date, time, and location of the examination. The Board want to shorten the notice
  requirement to 30 days.
• Currently, the BOE must provide mechanisms for a failed applicant to have his or her
  examination reviewed. The BOE wants to eliminate its obligation to provide review
  mechanisms.

COMMENT: These changes are not substantive. Although elimination of review mechanisms might appear to disadvantage failed applicants, the right of review is preserved in statute N.C.G.S. 93b-8(c).

Rule 21 NCAC 10 .0216 WAIVER

This is a new rule that would give the BOE the power to waive, upon request, any rule that it is not required by statute to enforce. The rule sets forth the factors that the BOE would consider in deciding whether to grant a waiver request, as follows:

• Degree of disruption to the BOE
• Cost to the BOE
• Degree of benefit to the public
• Whether the requesting party had control over the circumstances necessitating the waiver
• Notice to and opposition by the public
• Need for waiver
• Previous request from same party

COMMENT: The BOE receives a great many requests from applicants, licensees, and certificate-holders to waive deadlines for matters such as continuing education; but it is not clear which specific problems prompted the BOE to seek general authority to waive rules. The inclusion of criteria to be followed in making waiver determinations suggests that the purpose of the rule is to protect the BOE against allegations of arbitrary and capricious decision-making.

COMMENTING ON OR OBJECTING TO A PROPOSED RULE CHANGE

The three rules currently undergoing amendment or adoption are posted on the BOE website. On the tool bar, click on NC Statutes/Rules/Position Statements. On the drop-down menu, click on Proposed New Rules & Rule Changes. The BOE is obligated by law to receive and give due consideration to comments and objections submitted by interested parties.

Your comment must be in writing, signed, and delivered through the U.S. Mail. Email will not suffice.

The address is:

Dr. Joe Siragusa
N.C. State Board of Chiropractic Examiners
9121 Anson Way, Suite 200
Raleigh, NC 27615

THE DEADLINE FOR FILING COMMENTS IS FEBRUARY 1, 2021.