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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 49 By: Floyd of the Senate
and
Osburn of the House
An Act relating to chiropractic; amending 59 O.S.
2011, Section 161.7, as last amended by Section 8,
Chapter 363, O.S.L. 2019 (59 O.S. Supp. 2020, Section
161.7), which relates to application for original
license by examination; modifying application fee;
eliminating examination fee; amending 59 O.S. 2011,
Section 161.9, as last amended by Section 5, Chapter
213, O.S.L. 2019 (59 O.S. Supp. 2020, Section 161.9),
which relates to application for original license by
relocation of practice; modifying application fee;
broadening entities who may administer examination;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 161.7, as
last amended by Section 8, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
2020, Section 161.7), is amended to read as follows:
Section 161.7. A. 1. Applications for an original license by
examination to practice chiropractic in this state shall be made to
the Board of Chiropractic Examiners in writing on a form and in a
manner prescribed by the Bo ard.
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2. The application shall be accompanied by a fee of One Hundred
Seventy-five Dollars ($175.00) Three Hundred Dollars ($300.00) ,
which shall not be refundable under any circumstances.
3. If the application is disapproved by the Board, the
applicant shall be so notified by the Executive Director, with the
reason for such disapproval fully stated in writing.
4. If the application is approved, the applicant , upon payment
of an examination fee of One Hundred Seventy -five Dollars ($175.00),
may take an examination administered by the Board for the purpose of
securing an original license. The Board may accept a passing score
on an examination administered by the National Board of Chiropractic
Examiners taken by the applicant , or may require the applicant t o
take an examination administered by the Board or both.
5. Prior to approval of an application, the Board may authorize
the Executive Director to issue a temporary license to an applicant
who has submitted a completed application and who, upon payment of
the examination fee, has passed the required examination with a
score acceptable to the Board. A temporary license shall authorize
the applicant to practice chiropractic in Oklahoma between the
submission of the application and the applicant 's approval for
licensure by the Board. A temporary license shall expire upon the
Board's approval of a permanent license or ten (10) calendar days
following the Board's denial of an application for a permanent
license.
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B. Applicants for an original license to practi ce chiropractic
in this state shall submit to the Board of Chiropractic Examiners
documentary evidence of completion of:
1. A course of resident study of not less than four (4) years
of nine (9) months each in an accredited chiropractic college. A
senior student at an accredited chiropractic college may make
application for an original license by examination prior to
graduation, but such a license shall not be issued until documentary
evidence of the graduation of the student from the college has been
submitted to the Board;
2. Parts I, II, III, IV and physiotherapy as administered by
the National Board of Chiropractic Examiners with a passing score;
and
3. Passing a jurisprudence examination approved by the Board
with a score of seventy -five percent (75%) or better.
C. Each applicant shall be a graduate of an accredited
chiropractic college. For those graduating from a chiropractic
program outside the United States, the applicants must have
completed an educational program leading to a degree in chirop ractic
from an institution authorized to operate by the government having
jurisdiction in which it is domiciled.
D. All credentials, diplomas, and other required documentation
in a foreign language submitted to the Board by such applicants
shall be accompanied by notarized English translations.
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E. International applicants shall provide satisfactory evidence
of meeting the requirements for permanent residence or temporary
nonimmigrant status as set forth by the United States Citizenship
and Immigration Services.
F. Effective January 1, 2006, out -of-state licensed applicants
shall submit to the Board documentary evidence that the applicant
has malpractice insurance. New applicants shall submit to the Board
documentary evidence that the applicant has malpra ctice insurance
within six (6) months of obtaining their Oklahoma license.
G. An applicant for an original license shall:
1. Inform the Board as to whether the person has previously
been licensed in Oklahoma and whether the license was revoked or
surrendered;
2. Inform the Board as to whether the applicant has ever been
licensed in another jurisdiction and whether any disciplinary action
was taken against the applicant;
3. Provide full disclosure to the Board of any criminal
proceeding taken against the applicant including, but not limited
to, pleading guilty or nolo contendere to, receiving a deferred
sentence for, or being convicted of a felony crime that
substantially relates to the practice of chiropractic and poses a
reasonable threat to public safe ty; and
4. If requested, appear before the Board for a personal
interview.
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H. No later than one (1) year after receiving a license to
practice in Oklahoma, chiropractic physicians shall complete an
orientation course of training approved by the Board. T he
orientation course hours shall count as continuing education credits
for the year in which they were earned. An association may provide
the orientation course of training.
I. The Board may issue an original license to those applicants
who have passed the required examination with a score acceptable to
the Board and who meet all other requirements set forth by the
Board. No license fee shall be charged by the Board for the balance
of the calendar year in which such a license is issued.
J. In addition to an applicant's failure to meet any other
requirements imposed by this section or other applicable law, the
Board may deny a license or impose probationary conditions if an
applicant has:
1. Pleaded guilty or nolo contendere to, received a deferred
sentence for, or been convicted of a felony crime that substantially
relates to the practice of chiropractic and poses a reasonable
threat to public safety;
2. Been the subject of disciplinary action by the Board; or
3. Been the subject of disciplinary actio n in another
jurisdiction.
K. As used in this section:
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1. "Substantially relates " means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat " means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 161.9, as
last amended by Section 5, Chapter 213, O.S.L. 2019 (59 O.S. Supp.
2020, Section 161.9), is amended to read as follows:
Section 161.9. A. Applications for an original license by
relocation of practice to practice chiropractic in this state shall
be made to the Board of Chiropractic Examiners in writing on a form
and in a manner prescribed by the Board. The application shall be
accompanied by a fee of Three Hundred Fifty Dollars ($350.00) Three
Hundred Dollars ($300.00) , which shall not be refundable under any
circumstances. If the application is disapproved by the Board, it
shall be returned to the applicant with the reason for its
disapproval fully stated in writing.
B. The Board may, in its discretion, issue an original license
by relocation to practice to an applicant who is currently licensed
to practice chiropractic in another state, country, territory or
province, upon the following conditions:
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1. That the applicant is of good moral character;
2. That the requirements for licensure in the state, country,
territory or province in which the applicant is licensed are deemed
by the Board to be equivalent to the requirements f or obtaining an
original license by examination in force in this state at the date
of such license;
3. That the applicant has no disciplinary matters pending
against him or her in any state, country, territory or province;
4. That the license of the appl icant was obtained by
examination in the state, country, territory or province wherein it
was issued, or was obtained by examination of the National Board of
Chiropractic Examiners;
5. That the applicant passes a jurisprudence examination given
by the Board or the National Board of Chiropractic Examiners with a
minimum score of seventy -five percent (75%) or better; and
6. That the applicant meets all other requirements of the
Oklahoma Chiropractic Practice Act.
C. Any applicant requesting a license by re location of practice
into Oklahoma shall:
1. Submit to the Board documentary evidence that the applicant
has been in active practice as a chiropractic physician three (3)
years immediately preceding the date of the application;
2. Provide full disclosure to the Board of any disciplinary
action taken against the applicant pursuant to licensure as a
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chiropractic physician in any state pursuant to licensure and/or
criminal proceedings;
3. Provide full disclosure to the Board of any criminal
proceeding taken against the applicant in any jurisdiction
including, but not limited to:
a. pleading guilty, pleading nolo contendere, receiving a
deferred sentence or being convicted of a felony,
b. pleading guilty, pleading nolo contendere, receiving a
deferred sentence or being convicted of a misdemeanor
involving moral turpitude, or
c. pleading guilty, pleading nolo contendere, receiving a
deferred sentence or being convicted of a violation of
federal or state controlled dangerous substance laws;
4. If requested, app ear before the Board for a personal
interview; and
5. Pay an application fee to be set by rule of the Board.
D. The Board may authorize the Executive Director to issue a
temporary license to an applicant who has submitted a completed
application and has passed the required examination with a score
acceptable to the Board. A temporary license shall authorize the
applicant to practice chiropractic in Oklahoma between the
submission of the application and the applicant 's approval for
licensure by the Board. A temporary license shall expire upon the
Board's approval of a permanent license or ten (10) calendar days
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following the Board's denial of an application for a permanent
license.
E. No license fee shall be charged by the Board for the balance
of the calendar year in which such a license is issued.
F. In addition to an applicant 's failure to meet any other
requirements imposed by this section or other applicable law, the
Board may deny a license or impose probationary conditions if an
applicant has:
1. Pleaded guilty, pleaded nolo contendere, received a deferred
sentence or been convicted of a felony;
2. Pleaded guilty, pleaded nolo contendere, received a deferred
sentence or been convicted of a misdemeanor involving moral
turpitude;
3. Pleaded guilty, pleaded nolo contendere, received a deferred
sentence or been convicted of a violation of federal or state
controlled dangerous substance laws;
4. Been the subject of disciplinary action by the Board; or
5. Been the subject of disciplinary action in an other
jurisdiction.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RU LES, dated 03/30/2021 - DO PASS.