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Board advances distance-learning rule despite four adverse comments
Summary
The Board of Chiropractic Examiners voted to adopt staff responses and proceed with rulemaking to amend California Code of Regulations, title 16, section 363.1 on distance learning after a 45-day comment period that produced 25 submissions (21 supportive, 4 adverse). Staff said an effective date likely falls in 2026 pending Office of Administrative Law review.
The Board of Chiropractic Examiners on Nov. 7 voted to direct staff to decline adverse public comments, approve proposed responses and move forward with rulemaking to amend California Code of Regulations, title 16, section 363.1, which governs distance learning in chiropractic education.
Miss Walker, who presented the rulemaking materials, told the board the proposal was noticed Sept. 19 and the 45-day public comment period closed Nov. 3, producing 25 comments in total: "21 of those comments were in support, and then we received 4 adverse comments," she said. Staff recommended declining the requests in the adverse comments and using the proposed responses in the administrative record to complete the process.
The board discussed the staff recommendation without proposing substantive changes to the text. Doctor Adams, serving as chair, called for a motion; Miss Walker read a motion instructing staff to decline the adverse comments, approve the responses, authorize technical changes and take "all steps necessary to complete the rulemaking process." Doctor Adams moved the motion and Doctor Daniels seconded.
The board opened the item for public comment. A provider who called in said they needed timing information to plan schedules and technology and asked, "When is this program gonna be initiated?" Sabina (board staff) replied, "I would say sometime, I'm not sure how quick we're looking at, but sometime in 2026, I would assume for an effective date," and added that the timing depends on the Office of Administrative Law.
On roll call the motion carried with all board members voting yes. The vote directs staff to complete the regulatory process and to make technical or non‑substantive edits as needed; it does not itself finalize an effective date, which staff said will depend on subsequent steps in the administrative process.
The board’s action means the proposed regulatory text and staff responses will be included in the rulemaking file submitted to the Office of Administrative Law for the next steps of review.
