By-Laws

ARTICLE I: NAME

A. This organization shall be called the Chiropractic Board of Clinical Nutrition, hereinafter referred to as the Board.

ARTICLE II: PURPOSE

A. The purpose of the certification program of the Chiropractic Board of Clinical Nutrition shall be to conduct certification activities in a manner that upholds standards for competent practice in the health care specialty of Nutrition. The Board shall also conduct recertification designed to enhance the continued competence of the individual.

B. The population of certificants shall be Doctors of Chiropractic who have been in practice for a minimum of 2 years and have completed specialist level training in nutrition from a chiropractic college, university, institution, foundation or agency whose program is approved by an accrediting agency recognized by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency of a minimum of 300 credit hours, part of which may be a Master’s Degree in nutrition, and who have demonstrated competency in both written and practical examinations administered by the Board in the specialty of nutrition.

C. The Board shall administer examinations for the purpose of evaluating the candidate's proficiency in Nutrition and nutritional subspecialties and shall issue the credential of DIPLOMATE OF THE CHIROPRACTIC BOARD OF CLINICAL NUTRITION (DCBCN) to those candidates who are successful in its Board examinations.

ARTICLE III: STRUCTURE OF THE ORGANIZATION

A. The certification program of the Chiropractic Board of Clinical Nutrition shall be structured and governed in ways that are appropriate for the specialty of Nutrition and shall ensure autonomy in decision making over essential certification activities including eligibility standards; the development, administration, and scoring of the assessment instruments; selection of personnel; and operational processes.

B. The development, administration, and scoring of assessment instruments shall promote the purpose of the certification program of the Chiropractic Board of Clinical Nutrition.

C. The structure and governance of the certification program of the Chiropractic Board of Clinical Nutrition shall reflect the interests of the general public in the credential.

D. The Board shall consist of a minimum of five (5) members and additional members shall be added by increments of two (2). These members shall be elected from those Diplomates of the Board who are in good standing. Elections shall be by mail ballot.

E. Candidates for Board positions must have been certified by the Board for a minimum of three (3) years.

F. A nominating committee shall submit names of qualified Diplomates for consideration by the electorate. One member shall be a Public Member with full voting privileges and responsibilities and shall represent the interests of consumers and protect the interests of the public at large.

G. All terms of office shall be for a period of 36 months or until their successors are elected. Terms shall be staggered. Founding Board members shall have an additional 24 months added to their terms to facilitate the process of formulating policies, procedures and examination. Board members can serve a maximum of 2 consecutive terms.

H. The Board shall elect a President, Vice President, Secretary, Treasurer and Director on an annual basis. The Immediate Past President shall also serve as a voting member on the Executive Committee of the Board.

I. A Minimum of two (2) names shall be submitted for each vacancy on the Board.

J. No member appointed to the Board shall hold an administrative or policymaking position with any chiropractic college, university, institution, foundation or agency whose post gradate nutrition program is approved by an accrediting agency recognized by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency.

K. The governance structure, policies, and procedures of the Board shall provide for autonomy in decision making regarding important aspects of the certification program, such as eligibility standards; the development, administration, and scoring of the assessment instruments; selection of personnel; and operational processes.

L. The governance of the Board shall reflect the interests of the general public in the credential.

M. The governance of the Board shall reflect the interests of the profession in the credential.

N. In the event that an officer is unable to fulfill their term of office, the Board will have the authority to appoint an eligible Diplomate to complete the remaining vacated term of office.

ARTICLE IV: DUTIES OF THE BOARD

A. To collect examination fees, membership fees, certification fees and recertification fees.

B. To provide for the fiscal management of the organization.

C. To provide no fewer than two (2) Board members for the purpose of conducting examinations.

D. To keep records of all examinations administered by the Board.

E. To issue certificates to candidates who successfully pass the examination designating them as Board Certified and/or as a Diplomate of the Chiropractic Board of Clinical Nutrition (DCBCN).

F. To initiate a job analysis every five (5) years in order to design and construct examinations and update education and training requirements and make recommendations to organizations sponsoring training for the candidates.

G. To design and construct examinations for certification in nutrition.

H. To assure validity and reliability of certification examinations through rigorous statistical analysis.

I. The Chiropractic Board of Clinical Nutrition shall not be responsible for the accreditation of educational or training programs or courses of study leading to the certification.

J. The Board shall accept graduates of post doctoral nutrition programs of a minimum of 300 credit hours, part of which may be a Master’s Degree in nutrition, from any chiropractic college, university, institution, foundation or agency whose post graduate nutrition program is approved by an accrediting agency recognized by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency

K. The Chiropractic Board of Clinical Nutrition shall maintain direct protection of essential certification decisions from undue influence.

L. To review and recommend changes to nutrition education and training curriculum from chiropractic colleges, universities, institutions, foundations or agencies whose post graduate nutrition program is approved by by an accrediting agency recognized by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency.

M. To maintain information for the public regarding the activities/policies of the Board and the status of the certificants.

N. To protect the interests of the public, employers, and consumers seeking the services of Diplomates of the Board.

ARTICLE V: REVENUE RESOURCES OF CERTIFICATION ORGANIZATION

A. Fees:

1. The examination fee shall be a non-refundable fee set by the Board.

2. All Diplomates of the Board shall pay an annual recertification fee of $175.00 on or before January 1st annually accompanied by their certificate of re-certification. The annual recertification fee may be changed by threequarters vote of the executive board.

3. Reexamination fees shall be the same as Article V.A.1.

B. Expenses:

1. The Board shall be entitled to reimbursement for reasonable necessary and customary expenses incurred in the conduct of each elected office.

2. The Board shall determine expense provisions for its members and designated associate examiners and support staff during each examination period.

3. The Board shall determine expense provisions for its members and designated associate reviewers for the curriculum reviews of educational and training courses.

4. The Board shall provide for public information expenses including web site and web mastering fees, printing costs, and dissemination of information to the public costs.

C. Fiscal Management

1. The Board shall elect a Treasurer to manage the day to day fiscal activities of the Board.

2. The Board shall provide bonding of all officers having responsibility for Board funds.

3. The Board shall maintain a checking account in the town of legal registration of the organization or as directed by the Board.

4. Two Executive Board members shall be required to sign each check.

5. All Executive Board members shall be eligible to sign checks.

6. All tax forms for a 501(c)3 shall be filed annually by the Treasurer or a CPA. This report will be available to any Diplomate in good standing upon written request per Robert’s Rules of Order, Newly revised, current edition.

7. The fiscal year shall be from October 1st through September 30th each year.

8. The Board will submit an annual report of activities, including financial, to the American Chiropractic Association (ACA) prior to the Annual ACA meeting.

D. Other

1. All contracts for services requested by the Board shall be subject to full Board approval prior to enactment of the contract. This shall include contracts by the Board for services from others or contracts with the Board for the provision of services. The Board shall make every effort to obtain services from companies that do not discriminate on any basis.

2. The Board may enter into a research program that is grant funded so long as it does not present a conflict of interest in the certification or accreditation responsibilities of the Board. All revenue and expenses for such a project shall be maintained separately from the general operating expenses of the Board.

3. The Board may enter into grants for funds to maintain or expand the capacity of the Board to fulfill its obligations to the public and the profession. These funds shall be maintained separately from the general operating expenses of the Board.

4. The bookkeeping system shall be in accord with Uniform Grants Management Standards and Internal Revenue Service non-profit regulations.

5. The Board shall maintain liability insurance for the purposes of safeguarding the assets of the Board against any legal actions.

ARTICLE VI: REQUIREMENTS FOR CERTIFICATION EXAMINATION

A. Annual Examination

1. Job analysis for the design of the examination shall be performed every five (5) years.

2. The examination will be administered at least once annually when applicable.

3. The examination materials shall be handled in accord with appropriate standards.

4. The examination and the test results will be subjected to rigorous reliability and validity analysis after each. These studies include a longitudinal component that assures performance consistency over time.

5. The examination date will be set by the Board.

6. The location of the examination will be chosen by the Board.

7. Examinations shall be maintained in their original form for three years and then maintained permanently in write once read many (WORM) electronic form (CD-ROM) with at least 2 backup copies kept in separate fireproof locations.

B. Examination Fees.

1. Examination fees are non-refundable

2. Examination fees are set annually by the Board.

3. Examination fees must accompany application.

C. Application

1. Applications are available from the Board Secretary.

2. All deadlines are determined and set by the Board

3. Application fees must accompany submission of application.

D. Requirements

1. The applicant must hold the degree of Doctor of Chiropractic from a CCE accredited college (USA) or its equivalent.

2. The applicant must show evidence of having successfully completed a post doctoral program in nutrition of three hundred (300) credit hours, part of which may be a Master’s Degree in nutrition, from a chiropractic college, university, institution, foundation or agency whose program is approved by an accrediting agency recognized by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency. The chiropractic college, organization, institution, foundation, or agency from which the applicant has completed his/her course of study must certify to the Board that the applicant has satisfactorily completed three hundred (300) credit hours of post doctoral instruction in nutrition.

3. The applicant must possess a license or registration to practice chiropractic and be in good standing with the respective licensing/registration agency.

4. The candidate must submit an application on a form specified by the Board within the Board designated deadline.

5. The candidate must submit a non-refundable fee set by the Board.

6. A one-time, limited exception to Article VI E 2 will be an initial grandfather period as set out in Article XIV.

E. Exam Results

1. A passing grade shall be determined by appropriate psychometric standard deviation.

2. Exam results shall be forwarded to all candidates within three (3) months of the examination.

3. The publicized list of active and certified Diplomates shall be updated within three (3) months of the examination.

F. Complaints/Appeals of Examination

1. Complaints/Appeals must be received by the Board within three (3) months of the mailing date of exam results to be considered.

2. The cost of reviewing failed parts of the examination will be non-refundable and set annually by the Board.

3. Disposition of Complaints. See Article XI.

G. Rewriting Failed Parts of the Examination.

1. Failed parts must be rewritten within three (3) years of the failed examination part or the candidate must rewrite the entire examination unless special authorization by the Board is received.

2. The fee for rewriting failed parts of the examination will be set annually by the Board.

H. Diplomas

1. All candidates passing the Board examinations will receive Diplomas from the Board certifying their status as a DIPLOMATE OF THE CHIROPRACTIC BOARD OF CLINICAL NUTRITION.

2. Diplomas will indicate an individual Diplomate number.

I. Public Information about the Certification Program

1. The Board shall publish and make available a document clearly defining

a. the certification and recertification responsibilities of the Board,

b. curriculum review responsibilities of the Board,

c. continuing education certification responsibilities of the Board

d. Diplomate status of the certificants.

2. The Board shall publish and make available general descriptive materials on:

a. procedures used in examination construction and validation;

b. eligibility requirements and determination procedures;

c. procedures of examination administration including exam dates and

locations, fees, and reporting of results;

d. procedures and requirements of recertification

e. disciplinary and grievance procedures.

3. The Board shall publish and make available a comprehensive summary or outline of information, knowledge or functions covered by the examination.

4. The Board shall publish and make available, at least annually, a summary of certification activities for each program including, at least, number of examination administrations, number examined, number passed, number failed, number certified, and number recertified.

ARTICLE VII: RESPONSIBILITIES TO APPLICANTS FOR CERTIFICATION OR RECERTIFICATION

A. The Board shall not discriminate among applicants for certification or recertification on the basis of age, sex, race, religion, national origin, disability, or marital status. This statement of nondiscrimination shall appear on all announcements for certification and recertification. To facilitate the Board in providing for special accommodations, a section on the application shall request that the applicant indicate when and what special accommodations are necessary. These accommodations may include translators, readers, examinations in Braille, mobility adaptations, etc. If these needs are highly specialized, the candidate may be required to pay the cost for obtaining personnel or equipment to meet those needs.

B. The Board shall comply with all requirements of applicable federal and state laws (e.g. Americans with Disabilities Act of 1990) with respect to all certification and recertification activities and shall require compliance of all contractors and/or providers of services for the certification and recertification programs.

C. The Board shall provide all applicants with copies of formalized procedures for application for, and attainment of, certification and recertification and shall uniformly follow and enforce such procedures for all applicants.

D. The Board shall review eligibility criteria and application procedures biannually and as indicated by evaluations after each examination. The purpose of this review is to assure fair and equitable procedures.

E. The Board shall provide competently proctored examination sites at least once annually when applicable.

F. The Board shall not accept alternatives to the criteria set forth in Article VI.E. for initial certification. Specifically, the clinical degree and license to practice are essential under the law and cannot be subsumed by any amount of alternative experience. The three hundred (300) hours of study, part of which may be a Master’s Degree, in Nutrition must as defined in VI.D.E. 2. must be completed. To alter this requirement might serve to jeopardize the consumer of quality assured services.

G. The Board, in the notification of examination results, shall provide applicants, both those failing the examination and those passing the examination, information on general content areas of deficiency.

H. The Board shall implement the Policies and Procedures to assure that each applicant's examination results are held confidential. However, the Board will update the Diplomate listing within three months after each examination so that the consumer may make informed choices about providers according to certification status as follows:

1. Diplomate

2. Date Certified

3. Date Recertified

4. Active or Inactive Status

ARTICLE VIII: RESPONSIBILITIES TO THE PUBLIC AND TO EMPLOYERS OF CERTIFIED PRACTITIONERS

A. The Board shall demonstrate that the testing mechanism(s) adequately measure the knowledge and skill required for entry, maintenance and/or advancement in the specialty of nutrition. This is assured through job analysis, test construction based on specified content and verified as valid and reliable. The examinations shall cover both a cognitive written exam and a practicum demonstrating desired skills and treatment applications.

B. The Board shall award certification only after the skill and knowledge of the individual have been evaluated and determined to be acceptable.

C. The Board shall assure that its recertification program is designed to enhance the continued competence of the individual.

D. The Board shall publish a current list of those persons certified in the program(s) including the name, certification designation, office address and telephone number of the Diplomate, the date of initial certification, the date of recertification, and the current status (active, inactive, retired, suspended or revoked). This listing is to assist the public and other Diplomates in making referral to certified clinicians and choice of accredited providers. No other information shall be made public.

E. The Board shall discipline Diplomates for conduct deemed harmful to the public or inappropriate to the discipline. Any disciplinary action may be contested through the Disposition of Complaints process in Article XI.

ARTICLE IX: OFFICIAL CLASSIFICATION

A. Board Candidacy requirements are delineated in Article VI.

B. Board Certified Clinical Nutritionist as established by the Board in Article VII.

C. Diplomate of the Chiropractic Board of Clinical Nutrition.

1. A Doctor of Chiropractic who has satisfied the educational criteria, passed the board examination and paid all fees.

a. A Diplomate of the Chiropractic Board of Clinical Nutrition shall be referred to as a Board Certified Clinical Nutritionist or Diplomate of the Chiropractic Board of Clinical Nutrition. He/she may use the Board acronym DCBCN.

2. A Diplomate of the Chiropractic Board of Clinical Nutrition must be recertified on a yearly basis (Article X)

ARTICLE X: RECERTIFICATION PROGRAM

A. The Board shall implement a program for recertification of all diplomates.

B. The Board shall demonstrate that the recertification program is designed to enhance the continued competence of the individual.

C. In order to assure the public that diplomates certified by the CBCN enhance their continued competency, the recertification program will be yearly.

D. The yearly public listing of Diplomates will clearly indicate the Initial Certification date and Recertification Dates.

E. The Board shall supply the Federation of Chiropractic Licensing Boards with the yearly public listing of Board Certified Nutritionists.

F. The Board shall supply the American Chiropractic Association with the yearly public listing of Board Certified Nutritionists.

G. The recertification program

1. In order to enhance continued competence, all diplomates must complete a minimum of 12 classroom credit hours of continuing education in nutrition each year in a program of study approved by the Board.

a. The mandatory 12 credit hours of continuing education in nutrition may be waived by the board if the diplomate authors an article in the field of nutrition which is published in an indexed or peer reviewed journal in the year of recertification.

b. The yearly mandatory 12 credit hours of continuing education in nutrition may be waived by the board if the diplomate elects to have an on site examination (i.e., in the Diplomate's office) including observation of clinical visits, records review and oral responses to questions which will prove his/her competency.

c. The Diplomate will be responsible for the reasonable costs involved in the onsite review. Costs may include transportation of examiners, one day lodging of examiners and expenses and a fee of $200

d. The board may waive the yearly mandatory 12 credit hours of continuing education in nutrition if the diplomate has instructed a minimum of 16 credit hours of education in nutrition approved by the Board.

e. The board may waive the mandatory 12 credit hours of continuing education in nutrition if the diplomate undergoes a rigorous program of self-study and self-assessment in nutrition. The diplomate electing this method of compliance will supply the board with a narrative report of his/her studies including a description of the breadth and depth of the material of all items studied as well as the applications of the material in the chiropractic nutritionist's practice. The course of self study must be equivalent to 12 credit hours of continuing classroom education with such determination made by the board.

f. The Diplomate may propose alternative methodology of recertification to the Board which will demonstrate enhanced continued competence. Such proposals must be in writing to the board and must be accepted by the board as fulfilling criterion for recertification before being implemented by the diplomate.

g. The Diplomate may utilize any combo of items a through e, Article X,G(2) approved by the board in satisfaction of the continuing education requirements necessary to assure the public that the diplomate's competence as a Board Certified Clinical Nutritionist has been recertified.

2. In order to enhance continued competence the diplomate must certify to the Board that they have reviewed a minimum of 12 articles yearly in the field of nutrition published in indexed peer reviewed journals yearly. The diplomate must provide the Board with the names of the articles, author(s) and journal citations when requested by the Board.

3. Diplomates who do not comply with the yearly recertification requirements of the Board will be suspended from the current roster of the Chiropractic Board of Clinical Nutrition and notified of their suspension by registered mail. The Diplomate will be allowed to recertify and demonstrate continued competence in the field of Nutrition by complying with the yearly recertification requirements within six months of notification. In addition to the yearly requirements the suspended diplomate will be required to obtain an additional 16 classroom credit hours of continuing education in nutrition from a college or university accredited by the U.S. Department of Education, or an agency having a reciprocal agreement with the recognized agency, before recertification is granted. The additional 16 hours of continuing education obtained cannot be utilized to fulfill recertification criterion for the following year.

4. Diplomates who have not complied with yearly recertification requirements of the Board for a period of 18 months since their last certification (12 months plus 6 months (Article X, sec. 3) will be suspended from the current roster of the Chiropractic Board of Clinical Nutrition and will be required to demonstrate continued competency by taking and passing the full Board Certification examination of the CBCN.

5. Diplomates who have not complied with yearly recertification requirements because of illness or extenuating circumstances may appeal to the Board for consideration of their status. Such individuals will have to comply with the yearly recertification requirements without examination if approved by the board.

ARTICLE XI DISPOSITION OF COMPLAINTS

A. If a complaint or dispute arises questioning a Board action, or a complaint arises concerning a Diplomate certified by the Board, the following actions are to take place.

1. Administrative adjudication of a complaint/dispute.

a. The complainant shall specifically state the complaint in writing and submit this document to the Board Secretary for response by the Board.

b. The Board shall respond within thirty (30) days to the submitted complaint.

c. The complainant shall then have thirty (30) days to respond to the report of the Board and submit additional information supportive of his complaint.

d. The Board shall then have thirty (30) days to respond to the complaint and additional information being submitted.

e. The complainant shall then have thirty (30) days to request an Appeal for a Full Review Board.

2. Appeal to a full Review Board

a. 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 Chiropractic Board of Clinical Nutrition 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.

b. 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.

c. 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 twenty-five thousand dollars ($25,000 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.

ARTICLE XII AMENDMENTS

A. Bylaws may be amended by a two-thirds (2/3) vote of all Diplomates of the Board who are current in their requirements, provided that the proposed amendment is filed with the Secretary. by a minimum of seven (7) Diplomates at least sixty (60) days prior to a scheduled meeting or a mail vote will be sent 60 days after receipt of proposed amendment

B. All proposed amendments shall be mailed to all Diplomates of the Board who are current in their requirements at least thirty (30) days prior to balloting.

C. Amendments may be voted at the annual meeting or by mail ballot following Robert’s Rules of Order, Newly Revised, Current Edition.

D. Amendments approved by the Board will be brought to the ACA at the next scheduled annual meeting for ratification.

ARTICLE XIII PARLIAMENTARY AUTHORITY

A. Robert's Rules of Order, Newly Revised, Current Edition, shall apply to all of the meetings of this Board and to all questions of procedure and parliamentary law not specified in these Bylaws.