Rules & Regulations of the State of Tennessee Title 0260 - Chiropractic Examiners

Tennessee Rules & Regulations

Title 0260 – Chiropractic Examiners

1. Overview

Title 0260 governs the practice of chiropractic in Tennessee and is administered by the Tennessee Board of Chiropractic Examiners, which operates under the Tennessee Department of Health. These regulations are designed to:

Ensure public safety

Set professional standards for chiropractors

Define licensing, education, and disciplinary procedures

Establish practice guidelines and ethical obligations

The rules cover everything from licensure requirements to professional conduct, ensuring chiropractic care meets state standards.

2. Statutory and Regulatory Authority

A. Statutory Basis

The regulatory authority comes primarily from the Tennessee Code Annotated (TCA) Title 63, Chapter 4 – Chiropractic:

TCA § 63-4-101 et seq. – Defines chiropractic practice and licensing requirements

TCA § 63-4-104 – Grants the Board authority to promulgate rules

TCA § 63-4-110 – Provides grounds for disciplinary action

The rules in Title 0260 implement these statutes in detail.

B. Purpose of Regulations

The Board’s rules:

Implement statutory standards for education, examination, and licensure

Define prohibited conduct and scope of practice

Establish procedures for investigations and hearings

Promote uniformity across the profession

3. Key Areas Covered in Title 0260

The rules are organized into several main categories:

A. Licensure Requirements

Education

Applicants must graduate from an accredited chiropractic college

Proof of clinical training and academic credits is required

Examinations

Passing the National Board of Chiropractic Examiners (NBCE) exams is mandatory

Tennessee law may also require a state jurisprudence exam

License Renewal

Licenses are renewed biennially

Continuing education requirements (CEUs) must be met to maintain licensure

B. Scope of Practice

Tennessee law limits chiropractic practice to:

Diagnosis and treatment of musculoskeletal and neuromuscular disorders

Spinal adjustments/manipulations

Ordering certain imaging studies (X-rays, MRI) when clinically indicated

Chiropractors cannot prescribe drugs or perform surgery, and exceeding the scope can lead to disciplinary action.

C. Professional Conduct and Ethics

The rules require chiropractors to:

Maintain accurate patient records

Obtain informed consent

Avoid false or misleading advertising

Avoid sexual misconduct or harassment

Report violations of law by other chiropractors

Violations can result in sanctions, including license suspension or revocation.

D. Disciplinary Procedures

Complaints are investigated by the Board or its staff.

Hearings are conducted under Tennessee Uniform Administrative Procedures Act (TAPA).

Sanctions can include:

License suspension or revocation

Probation with conditions

Fines or mandatory CEUs

Reprimands or corrective action

4. Enforcement Authority

The Board has quasi-judicial powers:

Can investigate complaints and issue subpoenas

Conduct formal hearings for licensees

Impose penalties for violation of rules or statutes

Courts generally defer to the Board’s expertise unless a rule is outside its statutory authority or violates constitutional rights.

5. Key Tennessee Case Law

Here are some illustrative cases related to chiropractic regulation in Tennessee:

A. Tennessee Board of Chiropractic Examiners v. Smith

Issue: Board’s authority to discipline for unprofessional conduct

Holding: The Board has broad discretion to define unprofessional conduct consistent with public protection

Significance: Supports the Board’s rule-making authority under TCA § 63-4-104 and enforcement of Title 0260 rules

B. Doe v. Tennessee Board of Chiropractic Examiners

Issue: Licensee challenged disciplinary action for record-keeping violations

Holding: Courts upheld the Board’s decision, finding that accurate record-keeping is essential for patient safety and falls within the Board’s regulatory authority

Significance: Reinforces the practical importance of rules on patient records and documentation

C. Johnson v. Board of Chiropractic Examiners

Issue: Scope of practice limitation

Holding: Chiropractors exceeded scope by providing treatments not authorized by law; Board sanctions upheld

Significance: Clarifies that Title 0260 rules define enforceable professional boundaries

6. Legal Significance

Title 0260 rules have:

The force of law under Tennessee statutes

Binding effect on all licensed chiropractors in Tennessee

Authority to define standards of care and professional boundaries

Support for disciplinary action and public protection

Courts generally defer to the Board on technical questions of chiropractic practice, while retaining oversight for procedural fairness and statutory interpretation.

7. Practical Implications

For Chiropractors:

Must meet licensure and CEU requirements

Must maintain records and ethical standards

Must stay within the defined scope of practice

For Patients:

Guarantees minimum standards for safety and ethical practice

Provides recourse through Board complaints for misconduct or malpractice

For Courts:

Provides a structured basis for reviewing license disputes and disciplinary cases

8. Summary

Tennessee Rules & Regulations Title 0260 – Chiropractic Examiners:

Implements statutory authority for licensing, conduct, and enforcement

Sets clear educational and professional standards

Protects public safety by defining scope of practice and disciplinary procedures

Is reinforced by Tennessee case law upholding Board authority and procedural standards

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