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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3356 By: Marti
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 161.12, which relates
to grounds for imposing penal ties in the Oklahoma
Chiropractic Practice Act; clarifying the scope of
injectables; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1 61.12, is
amended to read as follows:
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 issue an order imposing one or
more of the 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;
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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;
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 expended 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
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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;
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 possession 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, vitamins, minerals or
nutritional supplements, or from practicing within the scope of the
science and art of chiropractic as defined in Section 161.2 of this
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title, provided, however, that a ch iropractic physician w ho is
authorized by the Board to admi nister and use injectables shall not
possess, prescribe, or administer injections of any product
categorized as a biologic pursuant to U.S. Food and Drug
Administration regulations, including but not limited to :
a. stem cells,
b. platelet injection therapy,
c. platelet rich plasma therapy,
d. activated platelet therapy, and
e. intravenous ozone therapy ;
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 other than
chiropractic unless the chiropractic physician 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 thereto;
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;
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12. Violating any provision of the Oklahoma Chiropractic
Practice Act; or
13. Violating any of the rules of the Board.
C. Any chiropractic physician 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.
D. The Board is authorized to issue 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 serious 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 2. This act shall become effective November 1, 2024.
59-2-9422 TJ 12/27/23