Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB49 Latest Draft

Bill / Enrolled Version Filed 04/19/2021

                             
 
 
An Act 
ENROLLED 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 S ection 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 d ate. 
 
 
 
 
SUBJECT:  Chiropractic 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: 
 
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 re ad as follows: 
 
Section 161.7. A.  1.  Applications for an origi nal 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 Board. 
 
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 refund able under any circumstances.   
 
ENR. S. B. NO. 49 	Page 2 
 
3.  If the application is disapproved by the Board, the 
applicant shall be so notified by the Executive Director, with the 
reason for such disapp roval 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 l icense.  The Board may accept a passing score 
on an examination administered by th e National Board of Chiropractic 
Examiners taken by the applicant , or may require the applicant to 
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 tem porary 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 exp ire 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. 
 
B.  Applicants for an original license to practice chiropractic 
in this state shall submit to the Board o f 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 physiot herapy as administered by 
the National Board of Chiropractic Examiners with a passing score; 
and 
   
 
ENR. S. B. NO. 49 	Page 3 
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 a n accredited 
chiropractic college.  For those graduating from a chiropractic 
program outside the Unite d States, the applicants must have 
completed an educational program leading to a degree in chiroprac tic 
from an institution authorized to operate by the g overnment having 
jurisdiction in which it is domiciled. 
 
D.  All credentials, diplomas, and other requi red documentation 
in a foreign language submitted to the Board by such applicants 
shall be accompanied by notarized English translations. 
 
E.  International applicants shall provide satisfactory evidence 
of meeting the requirements for permanent residence o r temporary 
nonimmigrant status as set forth by the United States Citizenship 
and Immigration Servic es. 
 
F.  Effective January 1, 2006, out -of-state licensed applicants 
shall submit to the Board documentary evidence that the applicant 
has malpractice insura nce.  New applicants shall submit to the Board 
documentary evidence that the applicant has malpracti ce 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 t he person has previously 
been licensed in Oklahoma and whether the license was revoked or 
surrendered; 
 
2.  Inform the Board as to whether the applicant ha s 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 ap plicant including, but not limited 
to, pleading guilty or nolo contendere to, receivi ng 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 safety; and 
   
 
ENR. S. B. NO. 49 	Page 4 
4.  If requested, appear before the Board for a p ersonal 
interview. 
 
H.  No later than one (1) year after receiving a license to 
practice in Oklahoma, c hiropractic physicians shall complete an 
orientation course of training approved by the Board.  The 
orientation course hours shall count as continuing edu cation 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 req uirements set forth by the 
Board.  No license fee shall be charged by t he Board for the balance 
of the calendar year in which such a license is issued. 
 
J.  In addition to a n applicant's failure to meet any other 
requirements imposed by this section or othe r applicable law, the 
Board may deny a license or impose probationary c onditions if an 
applicant has: 
 
1.  Pleaded guilty or nolo contendere to, received a deferred 
sentence for, or been convicted of a felony crime that substa ntially 
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 action in another 
jurisdiction. 
 
K.  As used in this section: 
 
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.   
 
ENR. S. B. NO. 49 	Page 5 
 
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 c hiropractic 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 s tate, country, territory or 
province, upon the following condi tions: 
 
1.  That the applicant is o f 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 for obtaining an 
original license by examination i n 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 applicant was obtain ed by 
examination in the state, country, territory or province wherein i t 
was issued, or was obtained by examination of the National Board of 
Chiropractic Examiners; 
 
5.  That the applicant passe s a jurisprudence examination given 
by the Board or the National Board of Chiropractic Exam iners 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 .   
 
ENR. S. B. NO. 49 	Page 6 
 
C.  Any applicant requesting a license by relocation of pra ctice 
into Oklahoma shall: 
 
1.  Submit to the Board documentary evidence t hat the applicant 
has been in active practice as a chiropractic physician three (3) 
years immediately preceding the date o f the application; 
 
2.  Provide full disclosure to the Board o f any disciplinary 
action taken against the applicant pursuant to licensu re as a 
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 ap plicant in any jurisdictio n 
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 conv icted 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 d angerous substance laws; 
 
4.  If requested, appear 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 requ ired examination with a score 
acceptable to the Board.  A temporary licen se shall authorize the 
applicant to practice chiropractic in Oklahoma between the 
submission of the application and the ap plicant's approval for 
licensure by the Board.  A temporary l icense shall expire upon the 
Board's approval of a permanent license or t en (10) calendar days   
 
ENR. S. B. NO. 49 	Page 7 
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 pr obationary conditions if an 
applicant has: 
 
1.  Pleaded guilty, pleaded nolo contendere, received a defe rred 
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 another 
jurisdiction. 
 
SECTION 3.  This act shall become effective November 1, 2021. 
   
 
ENR. S. B. NO. 49 	Page 8 
Passed the Senate the 1st day of March, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 15th day of April, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __