Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB60 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 60 By: Daniels of the Senate
7	37
8	38		and
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10	40		Kendrix of the House
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15	45		An Act relating to professions and occupations;
16	46		amending 59 O.S. 2021, Section 161.4, which relates
17	47		to the Board of Chiropractic Examiners; extending
18	48		sunset date; providing an effective date; and
19	49		declaring an emergenc y.
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25		-	SUBJECT: Chiropractors
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	56		SECTION 1. AMENDATORY 59 O.S. 2021, Section 161.4, is
30	57		amended to read as follows:
31		-
32	58		Section 161.4. A. A Board of Chiropractic Examiners is hereby
33	59		re-created to continue until July 1, 2023 2026, in accordance with
34	60		the provisions of the Oklahoma Sunset Law. The Board shall regulate
35	61		the practice of chiropractic in this state in accordance with the
36	62		provisions of the Oklahoma Chiropractic Practice Act. The Board,
37	63		appointed by the Governor, shall be composed of eight chiropractic
38	64		physicians and one lay member representing the public.
39		-
40	65		B. Each chiropractic physician m ember of the Board shall:
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42	93		1. Be a legal resident of this state;
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44	94		2. Have practiced chiropractic continuously in this state
45	95		during the five (5) y ears immediately preceding appointment to the
46	96		Board;
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48		-	ENR. S. B. NO. 60 Page 2
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50	97		3. Be free of pending disciplinary action or active
51	98		investigation by the Board;
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53	99		4. Be a person of recognized professional ability, integrity
54	100		and good reputation; and
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56	101		5. Be in active clinical chiroprac tic practice at least fifty
57	102		percent (50%) of the time.
58		-
59	103		C. The lay member of the Board shall:
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61	104		1. Be a legal resident of this state; and
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63	105		2. Not be a registered or licensed practitioner of any of the
64	106		healing arts or be related within the third degree of co nsanguinity
65	107		or affinity to any such person.
66		-
67	108		D. The Governor shal l appoint members to the Board and for
68	109		terms of years as follows:
69		-
70	110		1. Position 1: Upon expiration of the term of the board member
71	111		whose term expires November 2, 2006, the Governor shall appo int a
72	112		board member from District 1 for a term of four (4) years t o expire
73	113		on November 1, 2010, and every four ( 4) years thereafter;
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75	114		2. Position 2: Upon expiration of the term of the board member
76	115		whose term expires November 1, 2005, the Governor shall app oint a
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77	143		board member from District 2 for a term of four (4) years to expire
78	144		on November 1, 2009, and every four (4) years thereafter;
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80	145		3. Position 3: Upo n expiration of the term of the board member
81	146		whose term expires June 7, 2007, the Governor shall appoin t a board
82	147		member from District 3 for a term of four (4) years to expire on
83	148		June 1, 2011, and every four (4) yea rs thereafter;
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85	149		4. Position 4: Upon expir ation of the term of the board member
86	150		whose term expires November 1, 2007, the Governor shall appoint a
87	151		board member from District 4 for a term of four (4) years to exp ire
88	152		on November 1, 2011, and every four (4) ye ars thereafter;
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91		-	ENR. S. B. NO. 60 Page 3
92	153		5. Position 5: Upon expi ration of the term of the board member
93	154		whose term expires June 7, 2008, the Governor shall appoint a bo ard
94	155		member from District 5 for a term of four (4) years to expire on
95	156		June 1, 2012, and every four (4) years the reafter;
96		-
97	157		6. Position 6: On June 1, 2005, the Governor shall appoint a
98	158		board member from District 6 for a term of one (1) year to expire on
99	159		June 1, 2006, and every four (4) years thereafter;
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101	160		7. Position 7: On November 1, 2005, the Governor shall appoint
102	161		a board member from District 7 for a term of three (3) years to
103	162		expire on November 1, 2008, and every four (4) years thereafter;
104		-
105	163		8. Position 8: Upon expiration of the term of the board member
106	164		whose term expires June 7, 2005, the Governor shall appoint a board
107	165		member from the state at large for a term of four (4) years to
108	166		expire on June 1, 2009, and every four (4) years thereafter; and
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110	194		9. Position 9: The lay member of the Board shall serve a term
111	195		coterminous with that of the Governor.
112		-
113	196		E. For the purpose of the Oklahoma Chiropractic Practice Ac t,
114	197		the state shall be divided into the following districts:
115		-
116	198		1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron,
117	199		Custer, Dewey, Ellis, Grant, Greer, Garfield, Ha rmon, Harper,
118	200		Jackson, Kiowa, Major, Noble, Ro ger Mills, Texas, Washita, Woods and
119	201		Woodward Counties;
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121	202		2. District 2: Tulsa County;
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123	203		3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and
124	204		Pottawatomie Counties;
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126	205		4. District 4: Carter, Comanche, Co tton, Garvin, Grady, Love,
127	206		Murray, Jefferson, Stephens and Tillman Counties;
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129	207		5. District 5: Blaine, Canadian, Cleveland, Kingfisher,
130	208		McClain and Oklahoma Counties;
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133		-	ENR. S. B. NO. 60 Page 4
134	209		6. District 6: Atoka, B ryan, Coal, Choctaw, Creek, Hughes,
135	210		Johnston, Latimer, LeFlore Le Flore, Marshall, McCurtain, Okfuskee,
136	211		Pittsburg, Pontotoc, Pushmataha and Seminole Coun ties; and
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138	212		7. District 7: Adair, Cherokee, Craig, Delaware, Haskell,
139	213		Mayes, McIntosh, Muskogee, Nowata, Okmulge e, Ottawa, Rogers,
140	214		Sequoyah, Wagoner and Washington Coun ties.
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142	215		Members appointed after June 2002 shall serve no more than two (2)
143	216		consecutive terms.
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145	244		F. Each member shall hold office until the expiration of the
146	245		term of office for which appointed or until a qualified successor
147	246		has been duly appointed. An appoint ment shall be made by the
148	247		Governor within ninety (90) d ays after the expiration of the t erm of
149	248		any member, or the occurrence of a vacancy on the Board due to
150	249		resignation, death, or any other cause res ulting in an unexpired
151	250		term.
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153	251		G. Before assuming duties on the Board, each member shall take
154	252		and subscribe to the oath or affirmation provided i n Article XV of
155	253		the Oklahoma Constitution, which oath or affirmation shall be
156	254		administered and filed as provided in the article.
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158	255		H. A member may be removed from the Bo ard by the Governor for
159	256		cause which shall include, but not be limited to:
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161	257		1. Ceasing to be qualified;
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163	258		2. Being found guilty by a court of competent jurisdiction of a
164	259		felony or any offense involving moral turpitude;
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166	260		3. Being found guilty, through due pro cess, of malfeasance,
167	261		misfeasance or nonfeasance in rel ation to Board duties;
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169	262		4. Being found mentally incompetent by a court of competent
170	263		jurisdiction;
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172	264		5. Being found in violation of any provision o f the Oklahoma
173	265		Chiropractic Practice Act; or
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176		-	ENR. S. B. NO. 60 Page 5
177	266		6. Failing to attend three meetings of the Board without just
178	267		cause, as determined by the Board.
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180	295		I. No member of the Board shall be:
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182	296		1. A registered lobbyist;
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184	297		2. An officer, board member or employee of a sta tewide
185	298		organization established for the purpose of advoc ating the interests
186	299		of chiropractors licensed pursuant to the Oklahoma Chiropractic
187	300		Practice Act; or
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189	301		3. An insurance claims adjuster, reviewer, or consultant;
190	302		provided, however, a person shall not be considered to be a
191	303		consultant solely for testifying in a court as an expert witness.
192		-
193	304		SECTION 2. This act shall become effectiv e July 1, 2023.
194		-
195	305		SECTION 3. It being immediately necessary for the preservation
196	306		of the public peace, health or safety, an emergency is hereby
197	307		declared to exist, by reason whereof this act shall take effect an d
198	308		be in full force from and afte r its passage and approval.
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201		-	ENR. S. B. NO. 60 Page 6
202		-	Passed the Senate the 6th day of March, 2023.
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204		-
205		-
206		-	Presiding Officer of the Senate
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209		-	Passed the House of Representatives the 19th day of April, 2023.
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213		-	Presiding Officer of the House
214		-	of Representatives
215		-
216		-	OFFICE OF THE GOVERNOR
217		-	Received by the Office of the Governor this _______ _____________
218		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
219		-	By: _______________________________ __
220		-	Approved by the Governor of t he State of Oklahoma this _____ ____
221		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
222		-
223		-	_________________________________
224		-	Governor of the State of Oklahoma
225		-
226		-
227		-	OFFICE OF THE SECRETARY OF STATE
228		-	Received by the Office of the Secretary of State this __________
229		-	day of __________________, 20 _______, at _______ o'clock _______ M.
230		-	By: _______________________________ __
	310	+	COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
	311	+	04/06/2023 - DO PASS.