The Colorado Board of Chiropractic Examiners has scheduled a Permanent Rulemaking Hearing for January 25, 2024. This meeting is crucial for all practicing chiropractors in the state and nationally, as it addresses significant changes in the rules governing electrotherapy procedures - but that is not the major concern.  One of the proposed changes relates to the certification process for chiropractors wishing to perform electrotherapy. The current draft maintains monopolistic language by specifically naming the Council on Chiropractic Education (CCE) as the recognized body. This is problematic for several reasons:

1. Statutory References to Private Corporations: The Colorado Office of Policy, Research and Regulatory Reform (COPRRR) previously recommended repealing references to private corporations like the National Board of Chiropractic Examiners (NBCE) in statutes, citing concerns about monopolistic practices. This advice appears to be overlooked in the current draft regarding CCE.

2. Issues with Naming Specific Corporations: The State of Colorado has raised concerns about naming specific organizations in statutes, as it limits flexibility and grants undue competitive advantages. Such practices can also hinder public input and transparency, as these private organizations are not subject to state rulemaking or transparency requirements.

3. Supreme Court Precedents: The Supreme Court case North Carolina State Board of Dental Examiners v. FTC highlights the problem of granting a competitive advantage to a single entity through statutory references. This principle applies to the current situation with CCE.

Despite these concerns, the proposed language for the rule change still includes the CCE language, which contradicts the state’s own guidelines and previous recommendations. It is crucial for chiropractors to be aware of these developments and consider the implications for their practice and the broader profession.

The push to remove monopolistic language which provides a competitive advantage to the CCE and NBCE stifling innovation and choice in chiropractic education has been gaining momentum within the chiropractic profession. Over 50 Chiropractic organizations, non-profit foundations, schools and chiropractic businesses have signed on to a series of Resolutions calling for a free and competitive marketplace in chiropractic education, licensing and practice.

CLICK HERE to review the Resolutions

The united statement describes the history of chiropractic educational accreditation, licensing, testing and regulation and calls for drastic change.

The history and related events described have led to the existence of what Dr. Lawrence J. DeNardis of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) of the U.S. Department of Education, referred to as a "virtual cartel" that enjoys a monopoly within chiropractic.

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The upcoming hearing is an opportunity for chiropractors to voice their opinions and concerns regarding freedom in chiropractic education and licensing. Staying informed and engaged in this process is essential to ensure fair and transparent practices in the field of chiropractic care in Colorado and nationally.