Section 34-24-140.1

Board of Chiropractic Examiners - Rulemaking authority.

(a) The Legislature finds and declares all of the following:

(1) A primary goal of the provision of health care is to prioritize patient safety and wellness.

(2) The board is in the best position to determine the practice of chiropractic that prioritizes patient safety and wellness.

(3) The power to make rules regulating the practice of chiropractic includes the power to prohibit unlicensed persons from practicing chiropractic and the power to regulate how licensed persons practice chiropractic.

(4) It is the intent of the Legislature in enacting this section to immunize the State Board of Chiropractic Examiners and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.

(b) Subject to subsection (c), a rule adopted by the board may define and regulate the practice of chiropractic in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.

(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of chiropractic.

(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the State Board of Chiropractic Examiners beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).

(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the State Board of Chiropractic Examiners in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).

(Act 2017-147, §§1-3.)