Kirk Shilts, D.C., FCLB Model Practice Act Chair

Dale Atkinson, J.D., FCLB Legal Counsel

Regulating Chiropractic Clinical Assistants

• All major professions’ federations offer model language

• To assist members boards to develop own regulatory oversight– Encourage uniformity– Avoid inadvertent errors / omissions

• 11 jurisdictions have some type of CA oversight– Most do not – may benefit from FCLB

assistance

Why Model Language?

• To best protect the public,– Boards should have authority to permit

and remove clinical CA practice privilege– FCLB supports “registering” rather than

“licensing” although terms are substantially similar

• Approved by FCLB Board of Directors January 2013

FCLB Model Languagefor Chiropractic Clinical Assistants

www.fclb.org

• Two sections:– Statute– Regulations

• Totally congruent with CCCA– Allows the board to regulate clinical

CAs– Can rely on CCCA for part of the

credentials process– Saves jurisdictions time and money

Structure

• Already regulate clinical CAs?– Add section on CCCA to your language

• No regulations yet?– FIRST: Be sure you have statutory

authority to regulate clinical CAs• Best to have specific reference to assistants

in your statute• Some boards already have broad powers in

statute

Function

• No regulations yet?– SECOND: • Bring this information back to your

board• Have your legal counsel review model

language• See what can be adopted or adapted to

meet your needs

Function

• Statute: Three Articles– Plus a reference to a 4th

(Discipline)

1. Definitions2. Board Powers3. Legal framework for RCAs

Let’s look at the document

1.Scope of services•General heath data collection•Assisting with therapies

2.Required supervision: DC on site

3.Qualifications•Background check•The rest coordinates with CCCA requirements

4.Registration by examination or endorsement

5.Renewal: 2 years and CE requirement•Matches CCCA requirements

6. Disciplinary grounds

Legal framework for RCAs

• Board approved education, training, exam– 24 hours educational instruction– 300 hours supervised clinical training– Board approved exam– Refers to endorsement provision

• Identifies FCLB CCCA program as meeting the board’s qualification requirements

• Criteria for approved education

Regulations

• Renewal– Model suggests 2 years, expires on

birthday

• Continuing competence– 6 hours every 2 years

• Improper Conduct / Grounds for Discipline– CA is responsible for proper behavior

regardless of employer’s direction

Regulations

Questions?