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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1044 By: Randleman
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 161.2 and 161.12,
which relate to the Oklahoma Chiropractic Practice
Act; modifying scope of practice; adding supplements
that a chiropractor may prescribe or administer; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 161.2, is
amended to read as follows:
Section 161.2 A. Chiropractic is the science and art that
teaches health in anatomic relation and disease or abnormality in
anatomic disrelation, and includes hygienic, sanitary and
therapeutic measures incident thereto i n humans. The scope of
practice of chiropractic shall include those diagnostic and
treatment services and procedures which have been taught by an
accredited chiropractic colle ge and or have been approved by the
Board of Chiropractic Examiners.
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B. A chiropractic physician may engage in the practice of
animal chiropractic diagnosis and treatment if certified to do so by
the Board. A licensed chiropractic physician may provide
chiropractic treatment to an animal without b eing certified in
animal chiropractic d iagnosis and treatment by the Board if an
animal has been referred to the chiropractic physician by a licensed
veterinarian in writing.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 161.12, is
amended to read as follows:
Section 161.12 A. The Board of Chiropractic Examiners is
authorized, after notice and an opportunity for a hearing pursuant
to Article II of the Administrative Procedures Act, to iss ue an
order imposing one or more of th e following penalties whenever the
Board finds, by clear and convincing evidence, that a chiropractic
physician has committed any of the acts or occurrences set forth in
subsection B of this section:
1. Disapproval of an application for a renewal license;
2. Revocation or suspension of an original license or renewal
license, or both;
3. Restriction of the practice of a chiropractic physician
under such terms and conditions as deemed appropriate by the Board;
4. An administrative fine not to exceed One T housand Dollars
($1,000.00) for each count or separate violation;
5. A censure or reprimand;
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6. Placement of a chiropractic physician on probation for a
period of time and under such terms and conditions as the Board may
specify, including requiring the chiropractic physician to submit to
treatment, to attend continuing education courses, to submit to
reexamination, or to work under the supervision of another
chiropractic physician; and
7. The assessment of costs exp ended by the Board in
investigating and prosecuting a violation. The costs may include,
but are not limited to, staff time, salary and travel expenses,
witness fees and attorney fees, and shall be considered part of the
order of the Board.
B. The following acts or occurrences by a chiropract ic
physician shall constitute grounds for which the penalties specified
in subsection A of this section may be imposed by order of the
Board:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor involving moral turpitud e, or a
violation of federal or state controlled dangerous substances laws.
A copy of the judgment and sentence of the conviction, duly
certified by the clerk of the court in which the conviction was
obtained, and a certificate of the clerk that the convi ction has
become final, shall be sufficient evidence for the imposition of a
penalty;
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2. Being habitually drunk or habitually using habit -forming
drugs;
3. Using advertising in which statements are made that are
fraudulent, deceitful or misleading to the public;
4. Aiding or abetting any person not licensed to practice
chiropractic in this state to practice chiropractic, except students
who are regularly enrolled in an accredited chiropractic college;
5. Performing or attempting to perform major or mino r surgery
in this state, or using electricity in any form for surgical
purposes, including cauterization;
6. Using or having in a chiropractic physician 's possession any
instrument for treatment purposes, the use or p ossession of which
has been prohibited or declared unlawful by any agency of the United
States or the State of Oklahoma;
7. Unlawfully possessing, prescribing or administering any
drug, medicine, serum or vaccine. This section shall not prevent a
chiropractic physician from possessing, presc ribing or
administering, by a needle or otherwise, articles of natural origin,
including, but not limited to, vitamins, minerals, amino acids,
fatty acids, enzymes, antioxidants, oxygen, cellular agents or
extracts, botanicals or phytonutrients, and articles wit hin the
homeopathic pharmacopeia, or injectable or nutritional supplements,
or from practicing within the scope of the science and art of
chiropractic as defined in Section 161.2 of this title , provided
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this paragraph shall not apply to the administration of autologous
stem cells;
8. Advertising or displaying, directly or indirectly, any
certificate, diploma or other document which conveys or implies
information that the person is skilled in any healing art ot her than
chiropractic unless the chiropractic p hysician also possesses a
valid current license in said healing ar t;
9. Obtaining an original license or renewal license in a
fraudulent manner;
10. Violating any provision of the Unfair Claims Settlement
Practices Act or any rule promulgated pursuant th ereto;
11. Willfully aiding or assisting an insurer, as defined i n
Section 1250.2 of Title 36 of the Oklahoma Statutes, or an
administrator, as defined in Section 1442 of Title 36 of the
Oklahoma Statutes, to deny claims which under the terms of the
insurance contract are covered services and are medically necessary;
12. Violating any provision of the Oklahoma Chiropractic
Practice Act; or
13. Violating any of the rules of the Board.
C. Any chiropractic phy sician against whom a penalty is imposed
by an order of the Board under the provisions of this section shall
have the right to seek a judicial review of the order pursuant to
Article II of the Administrative Procedures Act.
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D. The Board is authorized to i ssue a confidential letter of
concern to a chiropractic physician when, though evidence does not
warrant initiation of an individual proceeding, the Board has noted
indications of possible errant conduct by the chiropractic physician
that could lead to ser ious consequences and formal action by the
Board.
E. If no order imposing a penalty against a chiropractic
physician is issued by the Board within three (3) years after a
complaint against the chiropractic physician is received by the
Board, the complaint and all related documents shall be expunged
from the records of the Board.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5724 LRB 12/20/22