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ENGROSSED HOUSE
BILL NO. 2806 By: Kendrix of the House
and
Daniels of the Senate
An Act relating to sunset; amending 59 O.S. 2021,
Section 161.4, which relates to the Board of
Chiropractic Examiners; and removing Board from
Oklahoma Sunset Law.
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 Chiropractic Examiners is hereby
re-created to continue until July 1, 2023, 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 Chiropractic 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 conti nuously in 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 recogniz ed professional ability, 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 practitioner of any of the
healing arts or be related 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 expirati on of the term of the board member
whose term expires November 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 expirat ion of the term of the board member
whose term expires November 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 expira tion 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 Nov ember 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 o f the term of the board member
whose term expires Ju ne 7, 2008, 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 Gov ernor shall appoint a
board member from District 6 f or 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 thre e (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 o f four (4) years to
expire on June 1, 2009, and ever y 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 divided 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, Logan, 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, Cleveland, Kingfisher,
McClain and Oklahoma Counties;
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 office 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 occurrence 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 jurisdi ction 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 in competent by a court 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 claims adjuster, reviewer, or consultan t;
provided, however, a person shall not be considered to be a
consultant solely for testi fying in a court as an expert witness.
Passed the House of Representatives the 28th day of February,
2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate