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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2806 By: Kendrix
AS INTRODUCED
An Act relating to sunset; amending 59 O.S. 2021,
Section 161.4, which relates to the Board of
Chiropractic Examiners ; re-creating the Board; and
modifying termination date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 161.4, is
amended to read as follows:
Section 161.4 A. A Board of Chiropracti c Examiners is hereby
re-created to continue until July 1, 2023 2029, in accordance with
the provisions of the Oklahoma Sunset Law. The Board shall regulate
the practice of chiropractic in this state in accordance with the
provisions of the Oklahoma Chiro practic Practice Act. The Board,
appointed by the Governor, shall be composed of eight chiropractic
physicians and one lay member representing the public.
B. Each chiropractic physician m ember of the Board shall:
1. Be a legal resident of this state;
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2. Have practiced chiropractic continuously i n this state
during the five (5) years immediately preceding appointment to the
Board;
3. Be free of pending disciplinary action or active
investigation by the Board;
4. Be a person of recognized professional a bility, integrity
and good reputation; and
5. Be in active clinical chiropractic practice at least fifty
percent (50%) of the time.
C. The lay member of the Board shall:
1. Be a legal resident of this state; and
2. Not be a registered or licensed pract itioner of any of the
healing arts or be rel ated within the third degree of consanguinity
or affinity to any such person.
D. The Governor shall appoint members to the Board and for
terms of years as follows:
1. Position 1: Upon expiration of the term of the board member
whose term expires Novembe r 2, 2006, the Governor shall appoint a
board member from District 1 for a term of four (4) years to expire
on November 1, 2010, and every four ( 4) years thereafter;
2. Position 2: Upon expiration of the term o f the board member
whose term expires Novemb er 1, 2005, the Governor shall appoint a
board member from District 2 for a term of four (4) years to expire
on November 1, 2009, and every four (4) years thereafter;
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3. Position 3: Upon expiration of the term of the board member
whose term expires June 7, 2007, the Governor shall appoint a board
member from District 3 for a term of four (4) years to expire on
June 1, 2011, and every four (4) yea rs thereafter;
4. Position 4: Upon expiration of the term of the board member
whose term expires November 1, 2007, the Governor shall appoint a
board member from District 4 for a term of four (4) years to expire
on November 1, 2011, and every four (4) ye ars thereafter;
5. Position 5: Upon expiration of the term of the board member
whose term expires June 7, 200 8, the Governor shall appoint a board
member from District 5 for a term of four (4) years to expire on
June 1, 2012, and every four (4) years the reafter;
6. Position 6: On June 1, 2005, the Governor shall appoi nt a
board member from District 6 for a term of one (1) year to expire on
June 1, 2006, and every four (4) years thereafter;
7. Position 7: On November 1, 2005, the Governor shall appoint
a board member from District 7 for a term of three (3) years to
expire on November 1, 2008, and every four (4) years thereafter;
8. Position 8: Upon expiration of the term of the board member
whose term expires June 7, 2005, the Governor shall appoint a board
member from the state at large for a term of four (4) years to
expire on June 1, 2009, and every four (4 ) years thereafter; and
9. Position 9: The lay member of the Board shall serve a term
coterminous with that of the Governor.
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E. For the purpose of the Oklahoma Chiropractic Practice Act,
the state shall be div ided into the following districts:
1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron,
Custer, Dewey, Ellis, Grant, Greer, Garfield, Harmon, Harper,
Jackson, Kiowa, Major, Noble, Ro ger Mills, Texas, Washita, Woods and
Woodward Counties;
2. District 2: Tulsa County;
3. District 3: Kay, Lo gan, Lincoln, Osage, Pawnee, Payne and
Pottawatomie Counties;
4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love,
Murray, Jefferson, Stephens and Tillman Counties;
5. District 5: Blaine, Canadian, C leveland, Kingfisher,
McClain and Oklahoma C ounties;
6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes,
Johnston, Latimer, LeFlore, Marshall, McCurtain, Okfuskee,
Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell,
Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers,
Sequoyah, Wagoner and Washington Counties.
Members appointed after June 2002 shall serve no more than two (2)
consecutive terms.
F. Each member shall hold off ice until the expiration of the
term of office for which appointed or until a qualified successor
has been duly appointed. An appointment shall be made by the
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Governor within ninety (90) d ays after the expiration of the term of
any member, or the occurren ce of a vacancy on the Board due to
resignation, death, or any other cause resulting in an unexpired
term.
G. Before assuming duties on the Board, each member shall take
and subscribe to the oath or affirmation provided in Article XV of
the Oklahoma Constitution, which oath or affirmation shall be
administered and filed as provided in the article.
H. A member may be removed from the Board by the Governor for
cause which shall include, but not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a
felony or any offense involving moral turpitude;
3. Being found guilty, through due process, of malfeasance,
misfeasance or nonfeasance in rel ation to Board duties;
4. Being found mentally incompetent by a co urt of competent
jurisdiction;
5. Being found in violation of any provision of the Oklahoma
Chiropractic Practice Act; or
6. Failing to attend three meetings of the Board without just
cause, as determined by the Board.
I. No member of the Board shall be :
1. A registered lobbyist;
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2. An officer, board member or employee of a statewide
organization established for the purpose of advocating the interests
of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act; or
3. An insurance clai ms adjuster, reviewer, or consultant;
provided, however, a person shall not be considered to be a
consultant solely for testi fying in court as an expert witness.
59-1-5989 LRB 01/07/23