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Chiropractic Board of Clinical Nutrition

By-Laws

ARTICLE I: NAME

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

ARTICLE II: PURPOSE
A. The purpose of the Board 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 and demonstrate the continued competence of the certificants.

B. The population of certificants shall be Doctors of Chiropractic who have been in practice for a minimum of two (2) years and have completed post-graduate specialist level training in a nutrition program acceptable by the Board, offered by a chiropractic college or university, or institution of higher learning whose program is a minimum of 300 contact hours and 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 and who have demonstrated competency in both written and practical examinations administered by the Board in the specialty of nutrition.

C. The Executive Committee shall construct and 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 protect the interests of the public.

D. The Executive Committee shall consist of a minimum of six (6) members plus the immediate past president. Additional members may be added by increments of two (2). One member shall be a Public Member who is not related to any Certificants. These members shall be elected from those CBCN Diplomates who are in good standing and the Public Member shall be elected from non-chiropractic individuals.

E. Except for the Public Member, candidates for Executive Committee positions must have been certified by the Board for a minimum of two (2) years.

F. The President shall appoint a nominating committee, comprised of at least two (2) Executive Committee members and the immediate past president, to select qualified Diplomates to run for a seat on The Executive Committee.

G. All terms of office shall be for a period of three (3) years or until their successors are elected. Terms shall be staggered.  Executive Committee members can serve a maximum of two (2) consecutive terms, except for the Secretary-Treasurer who may continue to serve for a maximum of nine (9) years.

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

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

J. No member appointed to the Executive Committee shall hold an administrative or policymaking position with a chiropractic college or university, or institution of higher learning, 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 governance structure, policies, and procedures of the Executive Committee 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 Executive Committee shall protect the interests of the public and the profession in the credential. 

N. If an officer is unable to fulfill their term of office, the Executive Committee will have the authority to appoint an eligible Diplomate to complete the remaining vacated term of office.

ARTICLE IV: DUTIES OF THE EXECUTIVE COMMITTEE

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

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

C. To keep records of all examinations administered by the Executive Committee.

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

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

F. To design and construct examinations for certification of Chiropractors to achieve diplomate status in nutrition.

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

H. 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.

I. The Chiropractic Board of Clinical Nutrition (CBCN) shall maintain direct protection of essential certification decisions from undue influence.

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

K. 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:  All fees shall be set by The Executive Committee.

B. Expenses:
1. The Executive Committee shall be entitled to reimbursement for reasonable, necessary and customary expenses incurred in the conduct of each elected office.

2. The Executive Committee shall determine expense provisions for its members, designated associates, support staff and other expenses for all Board activities.

C. Fiscal Management
1. The Executive Committee shall elect a Secretary-Treasurer to manage the day to day fiscal activities of the Board.

2. The CBCN shall provide bonding of all Executive Committee members having responsibility for Board funds.
3. The CBCN shall provide insurance for all Executive Committee members for error and omissions.

4. The Executive Committee shall maintain a checking account in the town of legal registration of the organization or as directed by the Board. 
5. Any expense, that is not an approved recurring charge, must be approved by vote of the Executive Committee.  The Secretary-Treasurer and President can sign or authorize withdrawals for payments.
6. All tax forms for a 501(c)3 shall be filed annually by a CPA.  It is the duty of the Secretary-Treasurer to review and accept the tax return and report to the Executive Committee.  This report will be available to any Diplomate in good standing upon written request.
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 a member of the Executive Committee shall be subject to full Executive Committee approval prior to enactment of the contract. The Board shall make every effort to obtain services from companies that do not discriminate on any basis.  
2. The Executive Committee 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 CBCN.
3. The Executive Committee 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 CBCN.
4. The Executive Committee shall maintain appropriate insurances for the purposes of safeguarding the assets of the CBCN and Executive Committee 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.  The examination materials shall be handled in accord with Standards for Educational and Psychological Testing, latest edition, published by the American Educational Research Association.
3. 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. 
4. Examination date(s), location and time will be set by the Executive Committee.
5. 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 and Applications
1. Examination fees are non-refundable and are set annually by the Executive Committee.
2. Examination fees must accompany the submission of a fully completed application.
3. Applications are available on the website and from the Secretary-Treasurer.
4. All deadlines are determined and set by the Executive Committee.

C. Requirements
1. The applicant must hold a Doctor of Chiropractic degree from a CCE accredited college or its equivalent.
2. The applicant must show evidence of having successfully completed a post doctoral program in nutrition, acceptable to the Executive Committee, of three hundred (300) credit hours, 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.

3. The applicant must possess a license or registration to practice chiropractic and be in good standing with the respective licensing/registration agency for a minimum of two (2) years.

D. Exam Results
1. A passing grade shall be determined by appropriate psychometric standard deviation.
2. Exam results shall be forwarded to all candidates within a timely manner.
3. The publicized list of active and certified Diplomates shall be updated within a timely manner.

E. Complaints/Appeals of Examination   
1. Complaints/Appeals must be received, in writing, by the Executive Committee 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 Executive Committee.
3. Disposition of Complaints. See Article XI.

F. Rewriting Failed Parts of the Examination. 
1. Failed parts must be rewritten of the failed examination part at the next regularly scheduled examination 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 Executive Committee.

G. Certificates
1. All candidates passing the Board examination will receive a Certificate from the CBCN certifying their status as a DIPLOMATE OF THE CHIROPRACTIC BOARD OF CLINICAL NUTRITION
2. Each certificate will indicate an individual number. 

I. Public Information about the Certification Program 
1. The Executive Committee shall publish and make available a document clearly defining
a. The certification and recertification responsibilities of the Executive Committee.
b. Curriculum review responsibilities of the Executive Committee.
c. Continuing education recertification responsibilities of the certificants.
d. Certification status of the certificants.

2. The Executive Committee 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 Executive Committee shall publish and make available an outline of topics that may be covered by the examination.

4.  The Executive Committee shall publish and make available, at least annually, a comprehensive summary or outline of information, knowledge or functions covered by the examination.

5.  A summary of certification activities for each program including the number of examinations held, number examined, number passed, number failed, number certified, and number recertified.

ARTICLE VII: RESPONSIBILITIES TO APPLICANTS FOR CERTIFICATION OR RECERTIFICATION

A. The CBCN and  Executive Committee shall not discriminate among applicants for certification or recertification on the basis of age, sex gender, 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 Executive Committee 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, service animal, 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 Executive Committee 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 Executive Committee 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 Executive Committee 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 Executive Committee shall provide competently proctored examination sites at least once annually when applicable. 

F. The Executive Committee, in the notification of examination results, shall provide applicants failing the examination information on general content areas of deficiency. 

H. The Executive Committee shall implement Policies and Procedures to assure that each applicant's examination results are held confidential. However, the Board will update the Diplomate listing after each examination so that the consumer may make informed choices about providers according to certification status as follows:
1. Diplomate Name
2. Date Certified
3. Date Recertified
4. Status

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

A. the Executive Committee 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 Executive Committee shall award certification only after the skill and knowledge of the individual have been evaluated and determined to be acceptable.

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

D. The Executive Committee shall publish a current list of those persons certified in the program(s) including the name, office address and telephone number of the Diplomate, the date of initial certification, the date of recertification, and the current status (active, inactive, retired, emeritus, 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 Executive Committee 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 CBCN in Article VII.

C. Diplomate of the Chiropractic Board of Clinical Nutrition (DCBCN).

1. A Doctor of Chiropractic who has satisfied the educational criteria, passed the board examination, and paid all fees.
2. 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.
3. A Diplomate of the Chiropractic Board of Clinical Nutrition must be recertified on a yearly basis (Article X)

ARTICLE X: RECERTIFICATION PROGRAM

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

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

C. 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 Executive Committee shall supply the Federation of Chiropractic Licensing Boards with the yearly public listing of all CBCN certificants.

F. The Executive Committee shall supply the American Chiropractic Association with the yearly public listing of all CBCN certificants.

G. The Executive Committee shall implement a program for recertification of all diplomates.
1.  The Executive Committee will demonstrate that the recertification program is designed to enhance the continued competence of the individual.
2.  To assure the public that Diplomates certified by the CBCN enhance their continued competency, the Executive Committee will establish published guidelines of its recertification requirements.
3.  Diplomates that do not comply with the requirements may be assessed penalties determined by the Executive Committee and may be suspended.
4. Diplomates who have not complied with yearly recertification requirements because of illness or extenuating circumstances may appeal to the Executive Committee for consideration of their status.

ARTICLE XI DISPOSITION OF COMPLAINTS

If a complaint or dispute arises questioning a Board action, or a complaint arises concerning a Diplomate certified by the CBCN, 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 Executive Committee Secretary for response by the Executive Committee.

b. The Executive Committee 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 Executive Committee and submit additional information supportive of the complaint.

d. The Executive Committee shall then have thirty (30) days to respond to the additional information submitted with its findings and decision.

e. If not satisfied with the findings, 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 Executive Committee; an individual who is either an attorney or trained in law, such as an arbitrator or hearing officer, designated by the Executive Committee, and an individual designated by the complainant.

b. Procedure. The Chair of the Review Board shall be the person designated by the Board Executive Committee. 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 Executive Committee 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 Executive Committee determines a lesser amount appropriate. If the complaining party does not prevail, the bond amount shall be applied to the CBCN 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.