2005 Idaho Code - 54-705 — EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 7
                          CHIROPRACTIC PRACTICE ACT
    54-705.  EXCEPTIONS -- PROHIBITED PRACTICES -- NEGLIGENCE ESTABLISHED. (1)
Under the circumstances described and, subject in each case to the limitations
stated, the following persons, though not holding a license to practice
chiropractic in this state, may engage in activities included in the practice
of chiropractic:
    (a)  A person licensed by this state pursuant to chapter 18, title 54,
    Idaho Code;
    (b)  A chiropractic assistant as shall be defined and regulated by the
    board, administering a procedure set forth in section 54-704, Idaho Code,
    but not including the adjustment or manipulation of articulations of the
    body, as specifically directed by a chiropractic physician as long as such
    directions are within the scope of chiropractic practice;
    (c)  A person rendering aid in an emergency, for which no fee for the
    services is contemplated, charged or received;
    (d)  A person residing in another state or country and authorized to
    practice chiropractic there, who is called in consultation by a person
    licensed in this state to practice chiropractic, or who for the purpose of
    furthering chiropractic education is invited into this state to conduct a
    lecture, clinic or demonstration, while engaged in activities in
    connection with the consultation, lecture, clinic or demonstration, so
    long as he does not open an office or appoint a place to meet patients or
    receive calls in this state;
    (e)  A person authorized to practice chiropractic in another state or
    country rendering chiropractic care in a time of disaster or while caring
    for an ill or injured person while at the scene of an emergency and while
    continuing to care for such person;
    (f)  Nothing in this chapter shall be construed as preventing or
    restricting the practice, services or activities or requiring licensure
    pursuant to the provisions of this chapter, of any person licensed or
    registered in this state by any other law, from engaging in any health
    care profession or occupation for which such person is licensed or
    registered;
    (g)  A medical officer of the armed forces of the United States, of the
    United States public health service, or of the veterans administration,
    while engaged in the performance of his official duties;
    (h)  A person administering a remedy, diagnostic procedure or advice as
    specifically directed by a physician;
    (i)  A person administering a family remedy to a member of the family;
    (j)  A person authorized or licensed by this state to engage in activities
    which may involve the practice of medicine;
    (k)  A person who administers treatment or provides advice regarding the
    human body and its functions that:
         (i)   Does not use legend drugs or prescription drugs in such
         practice;
         (ii)  Uses natural elements such as air, heat, water and light;
         (iii) Only uses class I or class II nonprescription, approved,
         medical devices as defined in section 513 of the federal food, drug
         and cosmetic act;
         (iv)  Only uses vitamins, minerals, herbs, natural food products and
         their extracts, and nutritional supplements; and who
         (v)   Does not perform surgery;
         (vi)  Requires each person receiving services to sign a declaration
         of informed consent which includes an overview of the health care
         provider's education which states that the health care provider is
         not an "M.D." or "D.O." and is not licensed under the provisions of
         this chapter;
    (l)  Any person who practices massage therapy as defined in section
    54-704(1)(c), Idaho Code;
    (m)  A chiropractic intern, as defined and regulated by the board, who is
    registered with the board to practice chiropractic under the direct
    supervision of a licensed chiropractic physician pursuant to a preceptor
    program adopted and developed by the rules of the board.
    (2)  Except as provided in subsection (1) of this section, it is unlawful
for any person to practice chiropractic in this state without a license and,
upon conviction thereof, shall be fined not less than one thousand dollars
($1,000) nor more than three thousand dollars ($3,000), or imprisoned for not
less than six (6) months nor more than one (1) year, or by both such fine and
imprisonment.
    (3)  It is unlawful for any person to assume or use the title or
designation "chiropractor," "chiropractic physician," "doctor of
chiropractic," the initials "D.C.," or any word, title or abbreviation thereof
calculated to induce the belief that he is engaged in the practice of
chiropractic or to indicate to the public that such person is licensed to
practice chiropractic pursuant to this chapter unless such person is so
licensed, and upon conviction thereof, such person shall be fined not less
than five hundred dollars ($500) nor more than three thousand dollars
($3,000), or imprisoned for not less than six (6) months nor more than one (1)
year, or by both such fine and imprisonment.
    (4)  When a person has been a recipient of services constituting the
unlawful practice of chiropractic, whether or not he knew the rendition of the
services was unlawful, proof of the rendition of unlawful services to the
recipient, in an action against the provider of such services for damages
allegedly caused by the services, constitutes prima facie evidence of
negligence, shifting the burden of proof to such provider of unlawful
services. The following damages in addition to any other remedies provided by
law may be recovered in such an action:
    (a)  Amount of any fees paid for the unlawful services; and
    (b)  Reasonable attorney's fees and court costs.
    (5)  The board shall refer all violations made known to it to an
appropriate prosecuting attorney. The board shall render assistance to a
prosecuting attorney in the prosecution of a case pursuant to this section.