Does Mississippi law require a chiropractic extern applicant to pass all four parts of the National Board exam, or just some?

Plain-English summary

Senator Angela Burks Hill asked whether Mississippi law requires a chiropractic extern license applicant to have passed all four parts (Parts I-IV) of the National Board of Chiropractic Examiners (NBCE) exam. The Mississippi Board of Chiropractic Examiners had recently begun reading its own rule (30 Miss. Admin. Code Pt. 2001, R. 17) to require all four parts. The senator wanted clarity.

The AG gave a two-part answer. First, the underlying statute (Section 73-6-14(1)) is silent on which parts of the NBCE exam an applicant must pass. The statute gives the Board broad authority to "establish rules and regulations . . . including, but not limited to, providing academic, professional and character requirements for eligible participants." That language is wide enough to authorize an all-four-parts rule. Second, the AG cannot interpret a state board's regulations by official opinion. Section 7-5-25 limits the AG to prospective questions of state law, and the office has long declined to construe agency rules. So the AG could not say whether the Board's reading of its own rule was correct.

In short: the statute does not by itself require all four parts, but it gives the Board the legal room to require them by rule, and whether the Board's current rule does so is a question for the Board.

What this means for you

For chiropractic students and recent graduates seeking extern licensure

The opinion holds that Section 73-6-14(1) is silent on whether an extern applicant must pass all four NBCE parts, and that the Board has broad authority to set academic requirements by rule. The AG did not invalidate, or endorse, the Board's reading of its own rule; it declined to interpret the rule at all under Section 7-5-25.

For chiropractic school administrators

The opinion holds that the question of which NBCE parts are required turns on the Board's rule, not on the statute, and that the AG cannot interpret that rule. The Board is the office that can clarify what its rule requires.

For state legislators

The opinion holds that the current statute leaves the exam-passage question to Board rule, because Section 73-6-14(1) is silent on it and delegates broad rulemaking authority to the Board. The AG noted nothing in the statute prohibits the Board from requiring all four parts.

For licensing board members and Board counsel

The opinion holds that nothing in Section 73-6-14(1) prohibits the Board from establishing a rule requiring passage of all component parts of the NBCE exam, but it is not an interpretation or endorsement of the Board's current reading of its existing rule. The AG expressly declined to construe the regulation.

Common questions

Did the AG say the Board cannot require all four parts of the NBCE exam?
No. The opposite. The AG said nothing in the statute prohibits the Board from establishing such a rule. The Board has broad rulemaking authority under Section 73-6-14(1).

Did the AG say the Board's current rule does require all four parts?
The AG declined to answer that. Interpreting agency regulations is outside the scope of an AG opinion under Section 7-5-25 and longstanding office practice (citing MS AG Op., Provine).

If I want a definitive answer on whether all four parts are required, where do I look?
The Board's regulation itself, the Board's interpretation, and any court decisions reviewing Board denials. The Board can clarify by amending the rule.

What does the statute actually require?
Section 73-6-14(1) lets the Board issue limited "extern" licenses to last-year chiropractic students at approved schools and recent graduates who practice under a sponsoring licensed chiropractor. The Board sets the academic, professional, and character requirements by rule.

Can the legislature override the Board's interpretation?
Yes. The legislature can amend Section 73-6-14(1) to specify exam requirements, and the Board would be bound by the statute.

Background and statutory framework

Section 73-6-14(1) sets up Mississippi's chiropractic extern program:

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 . . . . 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.

The Board's implementing rule, 30 Miss. Admin. Code Pt. 2001, R. 17, lists the qualifications for an extern license, including a transcript from the National Board of any and all National Board tests passed.

Section 7-5-25 limits the AG's official opinion authority to prospective questions of state law. The office has long held it cannot interpret state board regulations by official opinion (MS AG Op., Provine, July 28, 2006).

Citations

• Miss. Code Ann. § 73-6-14(1) (chiropractic extern program; Board rulemaking authority)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions)
• 30 Miss. Admin. Code Pt. 2001, R. 17 (Board rule on extern license qualifications)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/04/A.-Hill-April-17-2025-Examination-Requirements-for-Chiropractic-Extern-License.pdf

Original opinion text

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,
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
Caleb A. Pracht
Special Assistant Attorney General