A. Hill - April 17, 2025 - Examination Requirements for Chiropractic Extern License

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 April 17, 2025 The Honorable Angela Burks Hill Mississippi State Senate Post Office Box 1018 Jackson, Mississippi 39215 Re: Examination Requirements for Chiropractic Extern License Dear Senator Hill: The Office of the Attorney General has received your request for an official opinion. Background The Mississippi Chiropractic Extern License is governed by Mississippi Code Annotated Section 73-6-14(1) and the rules and regulations of the Mississippi Board of Chiropractic Examiners (“Board”). Specifically, Title 30, Part 2001, Chapter 17, Section 101(4) of the Mississippi Administrative Code (“the Rule”) states that an applicant for the license must submit, among other qualifications, a “transcript from [the] National Board [of Chiropractic Examiners] of any and all National Board tests passed.” 30 Miss. Admin. Code Pt. 2001, R. 17. Recently, the Mississippi Board of Chiropractic Examiners has begun interpreting the Rule to require that all extern applicants pass all of the component parts, Parts I-IV, of the National Board exam. Given the impact of this decision on chiropractic graduates seeking extern licensure in Mississippi, clarification is requested on whether the Board’s new interpretation is consistent with the above-cited statutory and regulatory framework. Question Presented Does Mississippi law require an applicant for a chiropractic extern license to have passed all of the component parts (Parts I-IV) of the National Board of Chiropractic Examiners (NBCE) exam? Brief Response Section 73-6-14(1) is silent on whether an extern applicant must pass all of the component parts of the NBCE exam. Therefore, because the law gives broad authority to the Board “to establish rules and regulations for the implementation of this subsection (1), including, but not limited to, Hon. Angela Burks Hill April 17, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 providing academic, professional and character requirements for eligible participants. . . ,” there is nothing prohibiting the Board from establishing such a rule. Miss. Code Ann. § 73-6-14(1). Our office, however, cannot opine on the interpretation of state board regulations. MS AG Op., Provine at *1 (July 28, 2006) (“[W]e do not officially interpret rules and regulations of a state board or agency by way of an official opinion . . . .”). Applicable Law and Discussion Section 73-6-14(1) provides as follows: (1) The State Board of Chiropractic Examiners is hereby authorized to establish a preceptorship and extern program whereby chiropractic students enrolled in their last year at a board-approved chiropractic college accredited by the Council on Chiropractic Education, its successor or an equivalent accrediting agency, and recent chiropractic graduates of such schools may be issued a limited license to practice chiropractic in the State of Mississippi under the direct on-premises supervision of a sponsoring licensed chiropractor, and in the case of chiropractic students, also under the general supervision of the student's school. The State Board of Chiropractic Examiners shall prohibit the use of more than one (1) such limited license student or graduate to one (1) sponsor licensed to practice chiropractic. The State Board of Chiropractic Examiners is empowered to establish rules and regulations for the implementation of this subsection (1), including, but not limited to, providing academic, professional and character requirements for eligible participants, defining the permitted scope of practice of the limited licensee, and prescribing fees for participation. (emphasis added). While the plain language of Section 73-6-14(1) is silent on the passage of all component parts of the NBCE exam, it does specifically delegate broad rulemaking authority to the Board, including the power to provide academic requirements for eligible participants. Therefore, there is nothing prohibiting the Board from establishing a rule on the passage of all the component parts of the exam. Pursuant to Section 7-5-25, the Office of the Attorney General is authorized to issue opinions on prospective questions of state law only. Our office cannot, by way of an official opinion, “interpret rules and regulations of a state board or agency.” MS AG Op., Provine at *1. As such, we cannot opine on any interpretation of the Rule. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Caleb A. Pracht Hon. Angela Burks Hill April 17, 2025 Page 3 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Caleb A. Pracht Special Assistant Attorney General