2012-Op. (Apr. 19).

• Case Date: April 19, 2012
• Court: Alaska

Alaska Attorney General Opinions 2012. 2012-Op. (Apr. 19). April 19, 2012BY U.S. MAIL AND EMAIL James Heston D. C. Chair, Board of Chiropractic Examiners Corporations, Business, and Professional Licensing Department of Commerce and Community Economic Development P.O. Box 110806 Juneau, AK 99811-0806Re: Request for Advisory Opinion: Honorariums and Continuing Education Credit for National Board Service AGO File No.: AN2010100306Dear Dr. Heston: This advisory opinion responds to your March 16, 2011 email request for advice regarding whether the Executive Branch Ethics Act permits the professional members of the Board of Chiropractic Examiners to receive an honorarium payment, as well as continuing education credit, for serving as examiners in administering practical examinations for the National Board of Chiropractic Examiners to candidates for licensure. As chair and designated ethics supervisor for the state board, you are entitled to advice concerning the application of the Ethic Acts under AS 39.52.240(a). You explain that the board was advised in the past that a board member's acceptance of the honorarium would violate the Ethic Act. You report that under an agreement with NBCE, board members serve as examiners twice a year for practical examinations given at various locations throughout the lower 48 states. NBCE pays the honorarium to the State of Alaska with reimbursement for a participating member's travel expenses, but the state does not pay the honorarium amount to the member. In addition, the board was advised that its members may not receive continuing education credit for their participation for the same reason. You directed our attention to comments in the minutes of the board's April 2006 meeting. You report that Alaska is the only state that does not permit state board members who volunteer to assist NBCE to accept the honorarium and receive continuing education credit. We have not found any prior written advice from this department on this subject. As explained below, we have concluded that acceptance of the honorarium and continuing education credit related to NBCE activities does not violate the Ethics Act under the circumstances. I. BACKGROUND A. Board of Chiropractic Examiners The Board of Chiropractic Examiners is established under AS 08.20.010 and is subject to the state's centralized licensing statute.(fn1) It consists of 5 members appointed by Governor for a four-year term.(fn2) The members must include four licensed chiropractic physicians who have practiced chiropractic care in Alaska for not less than two years and one public member with no direct financial interest in the health care industry. In the recent past several years, the board has had three to four meetings per year lasting one to two days. Its members serve without pay but are entitled to receive standard travel and per diem to attend board meetings.(fn3) Similar to other Alaska licensing boards, this board regulates and controls applications, licenses, and permits of the chiropractic profession in Alaska.(fn4) It sets the requirements that must be met to have a license.(fn5) It has established continuing education requirements for license renewal.(fn6) And it investigates violations of the licensing requirements and takes disciplinary action.(fn7) B. National Board of Chiropractic Examiners NBCE is the principal testing agency for the chiropractic profession. It has developed and administers standardized tests nationwide in collaboration with state licensing agencies.(fn8) To be licensed as a chiropractor in Alaska, among other requirements, an applicant must pass the NBCE examination, which currently has four parts.(fn9) In 1998, the Alaska board adopted regulations and entered into an agreement with the NBCE to require Part IV of the NBCE examination for licensing in Alaska. Part IV is a practical examination focusing on diagnostic imaging, chiropractic technique and case management. It is administered twice annually at multiple locations throughout the United States.(fn10) As it is labor intensive, it takes about 1200 support personnel to administer the examination.(fn11) Under its agreement with NCBE, the state board committed to participate in the administration of the Part IV examination at NBCE expense by participating on test writing committees and providing licensed practitioners to serve as examiners.(fn12) In practice, NBCE requests for committee participants and examiners have asked the state to recommend licensed chiropractors who are members of the state board or its executive director (if licensed) to serve as examiners.(fn13) NBCE reimburses a state's representatives for the lowest round-trip coach airfare, hotel room and tax, and reasonable ground transportation expenses, and pays an "honorarium" for service on test writing committees and to examiners. The honorarium for examiners is $50 for an orientation session on the evening before the examination and $125 per exam rotation, generally three per day for one or two days. Alaska participants make their own travel arrangements and submit the documentation to NBCE, which then pays the state the amount of the travel expenses and the honorarium. These funds are...