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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 60 By: Daniels of the Senate
and
Kendrix of the House
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 161.4, which relates
to the Board of Chiropractic Examiners; extending
sunset date; providing an effective date; and
declaring an emergenc y.
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 2026, 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:
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1. Be a legal resident of this state;
2. Have practiced chiropractic continuously in this state
during the five (5) y ears 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 ability, integrity
and good reputation; and
5. Be in active clinical chiroprac tic 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 co nsanguinity
or affinity to any such person.
D. The Governor shal l 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 November 2, 2006, the Governor shall appo int a
board member from District 1 for a term of four (4) years t o expire
on November 1, 2010, and every four ( 4) years thereafter;
2. Position 2: Upon expiration of the term of the board member
whose term expires November 1, 2005, the Governor shall app oint a
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board member from District 2 for a term of four (4) years to expire
on November 1, 2009, and every four (4) years thereafter;
3. Position 3: Upo n expiration of the term of the board member
whose term expires June 7, 2007, the Governor shall appoin t 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 expir ation 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 exp ire
on November 1, 2011, and every four (4) ye ars thereafter;
5. Position 5: Upon expi ration of the term of the board member
whose term expires June 7, 2008, the Governor shall appoint a bo ard
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 appoint 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
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9. Position 9: The lay member of the Board shall serve a term
coterminous with that of the Governor.
E. For the purpose of the Oklahoma Chiropractic Practice Ac t,
the state shall be divided into the following districts:
1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron,
Custer, Dewey, Ellis, Grant, Greer, Garfield, Ha rmon, 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, Co tton, Garvin, Grady, Love,
Murray, Jefferson, Stephens and Tillman Counties;
5. District 5: Blaine, Canadian, Cleveland, Kingfisher,
McClain and Oklahoma Counties;
6. District 6: Atoka, B ryan, Coal, Choctaw, Creek, Hughes,
Johnston, Latimer, LeFlore Le Flore, Marshall, McCurtain, Okfuskee,
Pittsburg, Pontotoc, Pushmataha and Seminole Coun ties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell,
Mayes, McIntosh, Muskogee, Nowata, Okmulge e, Ottawa, Rogers,
Sequoyah, Wagoner and Washington Coun ties.
Members appointed after June 2002 shall serve no more than two (2)
consecutive terms.
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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 appoint ment shall be made by the
Governor within ninety (90) d ays after the expiration of the t erm of
any member, or the occurrence of a vacancy on the Board due to
resignation, death, or any other cause res ulting in an unexpired
term.
G. Before assuming duties on the Board, each member shall take
and subscribe to the oath or affirmation provided i n 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 Bo ard 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 pro cess, of malfeasance,
misfeasance or nonfeasance in rel ation to Board duties;
4. Being found mentally incompetent by a court of competent
jurisdiction;
5. Being found in violation of any provision o f the Oklahoma
Chiropractic Practice Act; or
6. Failing to attend three meetings of the Board without just
cause, as determined by the Board.
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I. No member of the Board shall be:
1. A registered lobbyist;
2. An officer, board member or employee of a sta tewide
organization established for the purpose of advoc ating the interests
of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act; or
3. An insurance claims adjuster, reviewer, or consultant;
provided, however, a person shall not be considered to be a
consultant solely for testifying in a court as an expert witness.
SECTION 2. This act shall become effectiv e July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect an d
be in full force from and afte r its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
04/06/2023 - DO PASS.