State of Colorado Recommends Removing National Board Requirements from the Statute

State of Colorado Recommends Removing National Board Requirements from the Statute

State Says NBCE is Given "Competitive Advantage" by Language in the Statute

The National Board of Chiropractic Examiners (NBCE) has enjoyed a decades long monopoly on the certification and testing of chiropractic students and graduates. Over the years, state after state ceded their obligation to protect the public health of its citizens by adopting the NBCE exams as a requirement in order to become licensed.

With every state now requiring passage of NBCE exams and the majority requiring graduation from a school accredited by the Council on Chiropractic Education (CCE), the NBCE and the CCE coupled with the Federation of Chiropractic Licensing Boards (FCLB) enjoy a monopoly control of the educational, licensing and regulatory functions of the entire profession.

In fact, so pervasive is their control that the United States Department of Education referred to a Cartel operating within the profession, comparing this situation to the Mafia and Tony Soprano.

The Florida Board of Chiropractic Medicine, has gone so far as to completely ignore the recommendations from the Florida Department of Public Health to do away with their jurisprudence exam because they quite simply found the exam useless. Instead the Florida Board turned over the jurisprudence exam to the NBCE. This was despite the obvious conflicts of interests that existed by members of the Florida Board who voted on it and did not declare any conflicts.

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The NBCE has become a stepping stone for chiropractors intent on positioning themselves politically within the profession to bounce from one quasi-governmental regulatory agency to another. The NBCE arguably has the largest and most steady source of revenue to fund these personal ambitions since they derive their testing fees from student loan money.

The NBCE, for example, funds 80% of the Federation of Chiropractic Licensing Board's (FCLB) budget and Directors from one bounce between the two as they jockey for positions of influence and power within the profession. A seat on the NBCE is considered lucrative since its one of the very few chiropractic political arms that pays its Directors.

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The NBCE hopes to extend their control over the licensing of chiropractors by taking over the jurisprudence exams in every state - Florida was the first notch on their belt.

It looks like Colorado is about to put a stop to that plan.

The Colorado Office of Policy, Research and Regulatory Reform (COPRRR) has completed an evaluation of the Colorado State Board of Chiropractic Examiners (Board) as part of their Sunset Review of the Chiropractic Statute and one of their recommendations is to repeal statutory references to the National Board of Chiropractic Examiners.

According to the State of Colorado: "Naming specific organizations in statute can be problematic."

The State goes on to explain:

Organizations can change their names, they can merge with other organizations or they cease operations entirely. More problematic, however, is the fact that by naming organizations in statute, the General Assembly cedes the state’s ability to deviate from the standards established by those organizations. Additionally, these organizations are not subject to the state’s rulemaking or transparency requirements. Thus, private organizations can establish state certification standards with very little public input, transparency or state participation.

It appears the jig is up on the NBCE. The State of Colorado has figured out their scheme and has spelled out pretty clearly why the monopoly control they have is dangerous.

But the State of Colorado didn't stop there. The State actually gets to the core of the problem, one laid out by the Supreme Court of the United States in North Carolina State Board of Dental Examiners v. FTC

"Naming NBCE creates a presumption that this is the examination to be selected. As such, the statute grants NBCE a competitive advantage over any other examination."

A "competitive advantage".

You see, that is exactly what the CCE and the NBCE have created over the past 40 years - a competitive advantage - a monopoly operating through a Cartel and engaging in restraint of trade and they have used the state regulatory boards improperly in order to gain that advantage.

In fact, once you look under the hood and kick the tires it becomes clear that the only reason for the existence of the NBCE is to further the interests of the NBCE and the Cartel.

Every quarter a new cohort of students walk across the graduation stage. Just prior to that walk to be handed their diploma by the President of the school and the turning of the tassles, the Dean of the chiropractic program presents the graduation candidates to the President and Board of Trustees and announces that the faculty are presenting them for graduation because they have demonstrated all of the necessary competencies to practice chiropractic.

Meanwhile, the CCE, NBCE and FCLB are shouting in the background: "Not so fast, these students aren't ready to practice until we say they are ready."

What utter nonsense.

READ more about why NBCE examination and expense is unnecessary here

The State of Colorado closes their recommendation by stating:

Repealing the references to NBCE provides the state greater flexibility in the event problems arise in the future. The second sunset criterion asks if regulation is necessary, whether the existing statutes and regulations establish the least restrictive form of regulation consistent with the public interest. Naming specific organizations in statute limits the Board’s authority and flexibility, which is contrary to the goal to protect public interests. For this reason, the General Assembly should repeal statutory references to the NBCE.

Amen Colorado. And let's hope every single other state sees the writing on the wall and stops their willful support of giving a competitive advantage to the monopoly operating as a Cartel within the profession and restraining trade by active market players sitting on these regulatory boards.

CLICK HERE for more about the NBCE

McCoy Press