Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB49 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 49 By: Floyd of the Senate
7	37
8	38		and
9	39
10	40		Osburn of the House
11	41
12	42
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14	44
15	45		An Act relating to chiropractic; amending 59 O.S.
16	46		2011, Section 161.7, as last amended by Section 8,
17	47		Chapter 363, O.S.L. 2019 (59 O.S. Supp. 2020, Section
18	48		161.7), which relates to application for original
19	49		license by examination; modifying application fee;
20	50		eliminating examination fee; amending 59 O.S. 2011,
21	51		Section 161.9, as last amended by Section 5, Chapter
22	52		213, O.S.L. 2019 (59 O.S. Supp. 2020, Section 161.9),
23	53		which relates to application for original license by
24	54		relocation of practice; modifying application fee;
25	55		broadening entities who may administer examination;
26	56		and providing an effective date .
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31		-	SUBJECT: Chiropractic
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. AMENDATORY 59 O.S. 2011, Section 161.7, as
36	63		last amended by Section 8, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
37	64		2020, Section 161.7), is amended to read as follows:
38		-
39	65		Section 161.7. A. 1. Applications for an original license by
40	66		examination to practice chiropractic in this state shall be made to
41	67		the Board of Chiropractic Examiners in writing on a form and in a
42	68		manner prescribed by the Bo ard.
43	69
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44	96		2. The application shall be accompanied by a fee of One Hundred
45	97		Seventy-five Dollars ($175.00) Three Hundred Dollars ($300.00) ,
46	98		which shall not be refundable under any circumstances.
47		-
48		-	ENR. S. B. NO. 49 Page 2
49		-
50	99		3. If the application is disapproved by the Board, the
51	100		applicant shall be so notified by the Executive Director, with the
52	101		reason for such disapproval fully stated in writing.
53		-
54	102		4. If the application is approved, the applicant , upon payment
55	103		of an examination fee of One Hundred Seventy -five Dollars ($175.00),
56	104		may take an examination administered by the Board for the purpose of
57	105		securing an original license. The Board may accept a passing score
58	106		on an examination administered by the National Board of Chiropractic
59	107		Examiners taken by the applicant , or may require the applicant t o
60	108		take an examination administered by the Board or both.
61		-
62	109		5. Prior to approval of an application, the Board may authorize
63	110		the Executive Director to issue a temporary license to an applicant
64	111		who has submitted a completed application and who, upon payment of
65	112		the examination fee, has passed the required examination with a
66	113		score acceptable to the Board. A temporary license shall authorize
67	114		the applicant to practice chiropractic in Oklahoma between the
68	115		submission of the application and the applicant 's approval for
69	116		licensure by the Board. A temporary license shall expire upon the
70	117		Board's approval of a permanent license or ten (10) calendar days
71	118		following the Board's denial of an application for a permanent
72	119		license.
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74	147		B. Applicants for an original license to practi ce chiropractic
75	148		in this state shall submit to the Board of Chiropractic Examiners
76	149		documentary evidence of completion of:
77		-
78	150		1. A course of resident study of not less than four (4) years
79	151		of nine (9) months each in an accredited chiropractic college. A
80	152		senior student at an accredited chiropractic college may make
81	153		application for an original license by examination prior to
82	154		graduation, but such a license shall not be issued until documentary
83	155		evidence of the graduation of the student from the college has been
84	156		submitted to the Board;
85		-
86	157		2. Parts I, II, III, IV and physiotherapy as administered by
87	158		the National Board of Chiropractic Examiners with a passing score;
88	159		and
89		-
90		-
91		-	ENR. S. B. NO. 49 Page 3
92	160		3. Passing a jurisprudence examination approved by the Board
93	161		with a score of seventy -five percent (75%) or better.
94		-
95	162		C. Each applicant shall be a graduate of an accredited
96	163		chiropractic college. For those graduating from a chiropractic
97	164		program outside the United States, the applicants must have
98	165		completed an educational program leading to a degree in chirop ractic
99	166		from an institution authorized to operate by the government having
100	167		jurisdiction in which it is domiciled.
101		-
102	168		D. All credentials, diplomas, and other required documentation
103	169		in a foreign language submitted to the Board by such applicants
104	170		shall be accompanied by notarized English translations.
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106	198		E. International applicants shall provide satisfactory evidence
107	199		of meeting the requirements for permanent residence or temporary
108	200		nonimmigrant status as set forth by the United States Citizenship
109	201		and Immigration Services.
110		-
111	202		F. Effective January 1, 2006, out -of-state licensed applicants
112	203		shall submit to the Board documentary evidence that the applicant
113	204		has malpractice insurance. New applicants shall submit to the Board
114	205		documentary evidence that the applicant has malpra ctice insurance
115	206		within six (6) months of obtaining their Oklahoma license.
116		-
117	207		G. An applicant for an original license shall:
118		-
119	208		1. Inform the Board as to whether the person has previously
120	209		been licensed in Oklahoma and whether the license was revoked or
121	210		surrendered;
122		-
123	211		2. Inform the Board as to whether the applicant has ever been
124	212		licensed in another jurisdiction and whether any disciplinary action
125	213		was taken against the applicant;
126		-
127	214		3. Provide full disclosure to the Board of any criminal
128	215		proceeding taken against the applicant including, but not limited
129	216		to, pleading guilty or nolo contendere to, receiving a deferred
130	217		sentence for, or being convicted of a felony crime that
131	218		substantially relates to the practice of chiropractic and poses a
132	219		reasonable threat to public safe ty; and
133		-
134		-
135		-	ENR. S. B. NO. 49 Page 4
136	220		4. If requested, appear before the Board for a personal
137	221		interview.
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139	249		H. No later than one (1) year after receiving a license to
140	250		practice in Oklahoma, chiropractic physicians shall complete an
141	251		orientation course of training approved by the Board. T he
142	252		orientation course hours shall count as continuing education credits
143	253		for the year in which they were earned. An association may provide
144	254		the orientation course of training.
145		-
146	255		I. The Board may issue an original license to those applicants
147	256		who have passed the required examination with a score acceptable to
148	257		the Board and who meet all other requirements set forth by the
149	258		Board. No license fee shall be charged by the Board for the balance
150	259		of the calendar year in which such a license is issued.
151		-
152	260		J. In addition to an applicant's failure to meet any other
153	261		requirements imposed by this section or other applicable law, the
154	262		Board may deny a license or impose probationary conditions if an
155	263		applicant has:
156		-
157	264		1. Pleaded guilty or nolo contendere to, received a deferred
158	265		sentence for, or been convicted of a felony crime that substantially
159	266		relates to the practice of chiropractic and poses a reasonable
160	267		threat to public safety;
161		-
162	268		2. Been the subject of disciplinary action by the Board; or
163		-
164	269		3. Been the subject of disciplinary actio n in another
165	270		jurisdiction.
	271	+	K. As used in this section:
166	272
167		-	K. As used in this section:
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169	299		1. "Substantially relates " means the nature of criminal conduct
170	300		for which the person was convicted has a direct bearing on the
171	301		fitness or ability to perform one or more of the duties or
172	302		responsibilities necessarily related to the occupation; and
173		-
174	303		2. "Poses a reasonable threat " means the nature of criminal
175	304		conduct for which the person was convicted involved an act or threat
176	305		of harm against another and has a bearing on the fitness or ability
177	306		to serve the public or work with others in the occupation.
178		-
179		-	ENR. S. B. NO. 49 Page 5
180		-
181	307		SECTION 2. AMENDATORY 59 O.S. 2011, Section 161.9, as
182	308		last amended by Section 5, Chapter 213, O.S.L. 2019 (59 O.S. Supp.
183	309		2020, Section 161.9), is amended to read as follows:
184		-
185	310		Section 161.9. A. Applications for an original license by
186	311		relocation of practice to practice chiropractic in this state shall
187	312		be made to the Board of Chiropractic Examiners in writing on a form
188	313		and in a manner prescribed by the Board. The application shall be
189	314		accompanied by a fee of Three Hundred Fifty Dollars ($350.00) Three
190	315		Hundred Dollars ($300.00) , which shall not be refundable under any
191	316		circumstances. If the application is disapproved by the Board, it
192	317		shall be returned to the applicant with the reason for its
193	318		disapproval fully stated in writing.
194		-
195	319		B. The Board may, in its discretion, issue an original license
196	320		by relocation to practice to an applicant who is currently licensed
197	321		to practice chiropractic in another state, country, territory or
198	322		province, upon the following conditions:
199	323
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200	350		1. That the applicant is of good moral character;
201		-
202	351		2. That the requirements for licensure in the state, country,
203	352		territory or province in which the applicant is licensed are deemed
204	353		by the Board to be equivalent to the requirements f or obtaining an
205	354		original license by examination in force in this state at the date
206	355		of such license;
207		-
208	356		3. That the applicant has no disciplinary matters pending
209	357		against him or her in any state, country, territory or province;
210		-
211	358		4. That the license of the appl icant was obtained by
212	359		examination in the state, country, territory or province wherein it
213	360		was issued, or was obtained by examination of the National Board of
214	361		Chiropractic Examiners;
215		-
216	362		5. That the applicant passes a jurisprudence examination given
217	363		by the Board or the National Board of Chiropractic Examiners with a
218	364		minimum score of seventy -five percent (75%) or better; and
219		-
220	365		6. That the applicant meets all other requirements of the
221	366		Oklahoma Chiropractic Practice Act.
222		-
223		-	ENR. S. B. NO. 49 Page 6
224		-
225	367		C. Any applicant requesting a license by re location of practice
226	368		into Oklahoma shall:
227		-
228	369		1. Submit to the Board documentary evidence that the applicant
229	370		has been in active practice as a chiropractic physician three (3)
230	371		years immediately preceding the date of the application;
231		-
232	372		2. Provide full disclosure to the Board of any disciplinary
233	373		action taken against the applicant pursuant to licensure as a
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234	401		chiropractic physician in any state pursuant to licensure and/or
235	402		criminal proceedings;
236		-
237	403		3. Provide full disclosure to the Board of any criminal
238	404		proceeding taken against the applicant in any jurisdiction
239	405		including, but not limited to:
240		-
241	406		a. pleading guilty, pleading nolo contendere, receiving a
242	407		deferred sentence or being convicted of a felony,
243		-
244	408		b. pleading guilty, pleading nolo contendere, receiving a
245	409		deferred sentence or being convicted of a misdemeanor
246	410		involving moral turpitude, or
247		-
248	411		c. pleading guilty, pleading nolo contendere, receiving a
249	412		deferred sentence or being convicted of a violation of
250	413		federal or state controlled dangerous substance laws;
251		-
252	414		4. If requested, app ear before the Board for a personal
253	415		interview; and
254		-
255	416		5. Pay an application fee to be set by rule of the Board.
256		-
257	417		D. The Board may authorize the Executive Director to issue a
258	418		temporary license to an applicant who has submitted a completed
259	419		application and has passed the required examination with a score
260	420		acceptable to the Board. A temporary license shall authorize the
261	421		applicant to practice chiropractic in Oklahoma between the
262	422		submission of the application and the applicant 's approval for
263	423		licensure by the Board. A temporary license shall expire upon the
264	424		Board's approval of a permanent license or ten (10) calendar days
265	425
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267	452		following the Board's denial of an application for a permanent
268	453		license.
269		-
270	454		E. No license fee shall be charged by the Board for the balance
271	455		of the calendar year in which such a license is issued.
272		-
273	456		F. In addition to an applicant 's failure to meet any other
274	457		requirements imposed by this section or other applicable law, the
275	458		Board may deny a license or impose probationary conditions if an
276	459		applicant has:
277		-
278	460		1. Pleaded guilty, pleaded nolo contendere, received a deferred
279	461		sentence or been convicted of a felony;
280		-
281	462		2. Pleaded guilty, pleaded nolo contendere, received a deferred
282	463		sentence or been convicted of a misdemeanor involving moral
283	464		turpitude;
284		-
285	465		3. Pleaded guilty, pleaded nolo contendere, received a deferred
286	466		sentence or been convicted of a violation of federal or state
287	467		controlled dangerous substance laws;
288		-
289	468		4. Been the subject of disciplinary action by the Board; or
290		-
291	469		5. Been the subject of disciplinary action in an other
292	470		jurisdiction.
293		-
294	471		SECTION 3. This act shall become effective November 1, 2021.
295	472
296		-
297		-	ENR. S. B. NO. 49 Page 8
298		-	Passed the Senate the 1st day of March, 2021.
299		-
300		-
301		-
302		-	Presiding Officer of the Senate
303		-
304		-
305		-	Passed the House of Representatives the 15th day of April, 2021.
306		-
307		-
308		-
309		-	Presiding Officer of the House
310		-	of Representatives
311		-
312		-	OFFICE OF THE GOVERNOR
313		-	Received by the Office of the Governor this _______ _____________
314		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
315		-	By: _______________________________ __
316		-	Approved by the Governor of the State of Oklahoma this _____ ____
317		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
318		-
319		-	_________________________________
320		-	Governor of the State of Oklahoma
321		-
322		-
323		-	OFFICE OF THE SECRETARY OF STATE
324		-	Received by the Office of the Secretary of State this __________
325		-	day of __________________, 20 _______, at _______ o'clock _______ M.
326		-	By: _______________________________ __
	473	+	COMMITTEE REPORT BY: COMMITTEE ON RU LES, dated 03/30/2021 - DO PASS.