CAGEN

Disciplinary Policy:

As Chiropractic Neurologists are practitioners of Chiropractic licensed to practice a health care profession, complaints regarding an individual's practice of Chiropractic Neurology should be heard by the governmental agency involved in the statutory regulation of the profession in the local where the doctor is practicing. Complaints received against an individual Diplomate certified by the Board will be immediately forwarded to the Governmental agency responsible for the Diplomate's licensure to Practice Chiropractic. Complaints may involve incompetence, unethical behavior, or physical/mental impairment affecting performance. If a Chiropractic Neurologist receives a sanction from a licensing agency or regulatory body the American Chiropractic Neurology Board would schedule an administrative adjudication of the action. In order to qualify for, maintain and recertify his/her credential, the Chiropractic Neurologist must maintain a license in good standing to practice the profession. The Board Certification of a Chiropractic Neurologist would be subject to suspension if the Diplomate is subject to sanctions, suspensions, etc that would prevent him/her from practicing as a Doctor of Chiropractic. Said suspension would run concurrently with Governmental sanctions and the Diplomate would be able to re-activate his/her Board Certification when legally able to practice again, providing that all matters of re-certification have been met. Individuals whose status has been suspended and who have not completed the necessary recertification criterion will be subject to reexamination. The reexamination shall be the entire Diplomate Board Certification Examination.
The Role of the American Chiropractic Neurology Board is to certify individuals as being capable of serving the public and profession in the specialty of Chiropactic Neurology. If a sanction arises concerning a Diplomate certified by the Board, the following actions are to take place.

  1. Administrative adjudication of a regulatory agency sanction against Licensure.
    1. The Board will impose sanctions of the same time period as the regulatory agency involved in licensing with the exception of fines and penalties. The only sanction the ACNB might institute is suspension of an individual's Diplomate Status for the time that he/she does not qualify to practice as a Doctor of Chiropractic. The Diplomate will be reinstated as a Board Certified Chiropractic Neurologist providing he/she has completed the recertification parameters delineated in the Board Bylaws.
  2. Cheating on Board Examinations.
    1. Individuals who are found to be cheating on a board examination will forever be barred from taking the board examination and if Board Certified will have their Board Certified Status Suspended Permanently.
  3. Failure to Recertify.
    1. Diplomates who fail to recertify will have their status as a diplomate suspended. In order to become recertified after suspension the diplomate must sit for the entire Board Examination of the ACNB.

 

DISPOSITION OF COMPLAINTS
If a complaint or dispute arises questioning a Board action, the following actions are to take place.

  1. Administrative adjudication of a complaint/dispute.
  2. The complainant shall specifically state the complaint in writing and submit this document to the Board Secretary for response by the Board.
  3. The Board shall respond within thirty (30) days to the submitted complaint.
  4. The complainant shall then have thirty (30) days to respond to the report of the Board and submit additional information supportive of his complaint.
  5. The Board shall then have thirty (30) days to respond to the complaint and additional information being submitted.
  6. The complainant shall then have thirty (30) days to request an Appeal for a Full Review Board.

Appeal to a full Review Board

  1. Formation. If the administrative adjudication is unsuccessful and the complainant requests it in writing, then a Review Board shall be formed consisting of a Diplomate of the American Chiropractic Neurology Board in good standing who is not a member of the Board; an individual who is either an attorney or trained in law, such as an arbitrator or hearing officer, designated by the Board, an individual designated by the complainant.
  2. Procedure. The Chair of the Review Board shall be the person designated by the Board. The Review Board shall remain neutral and shall act as a judicial tribunal to hear the dispute. The Review Board shall set a date for a hearing and conduct a hearing at which time the Board shall make a presentation concerning the dispute and the complainant or representative thereof shall make a presentation concerning the dispute. Witnesses, testimony and other evidence shall be presented to the Review Board for its consideration. The Review Board shall make a finding of facts and conclusions binding all parties, within sixty (60) days of the hearing.
Costs. All costs for the Review Board proceedings shall be borne and paid by the non-prevailing party, including but not limited to attorney's fees and per diem expenses and remuneration of Review Board members and witnesses. In order to initiate the proceedings, the complaining party shall post with the Board a bond in the amount of fifteen thousand dollars ($15,000 U.S.), unless, upon showing of good cause, the Board determines a lesser amount appropriate. If the complaining party does not prevail, the bond amount shall be applied to the Board's costs and attorneys' fees, and any balance shall be returned. Any costs and attorneys' fees exceeding the bond amount shall be paid by, and may be recovered against, the complaining party.

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