38 | 64 | | |
---|
39 | 65 | | An Act relating to chiropractors; amending 59 O.S. |
---|
40 | 66 | | 2021, Sections 161.2, 161.3, 161.7, 161.8, and 161.9, |
---|
41 | 67 | | which relate to the Oklahoma Ch iropractic Practice |
---|
42 | 68 | | Act; modifying definitions; requiring use of |
---|
43 | 69 | | licensure portals; modifying certain licensing |
---|
44 | 70 | | requirements; modifying requirements for notification |
---|
45 | 71 | | of disapproval; updating statutory language ; |
---|
46 | 72 | | repealing 59 O.S. 2021, Section 161.12 a, which |
---|
47 | 73 | | relates to registration as chiropractic claims |
---|
48 | 74 | | consultant; and providing an effective date. |
---|
49 | 75 | | |
---|
50 | 76 | | |
---|
51 | 77 | | |
---|
52 | 78 | | |
---|
53 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
---|
54 | 80 | | SECTION 1. AMENDATORY 59 O.S. 2021, Section 161.2, is |
---|
55 | 81 | | amended to read as follows: |
---|
56 | 82 | | Section 161.2. A. Chiropractic is the science and art that |
---|
57 | 83 | | teaches health in anatomic relation and disease or abnormality in |
---|
58 | 84 | | anatomic disrelation, and includes hygienic, sanitary and |
---|
59 | 85 | | therapeutic measures incident thereto in humans. The scope of |
---|
60 | 86 | | practice of chiropractic shall include those diagnostic and |
---|
61 | 87 | | treatment services and procedures which have been taught by an |
---|
62 | 88 | | accredited a chiropractic college program accredited by the Council |
---|
92 | 142 | | B. A chiropractic physician may engage in the practice of |
---|
93 | 143 | | animal chiropractic diagnosis and treatment if certified to do so by |
---|
94 | 144 | | the Board. A licensed chiropractic physician may provide |
---|
95 | 145 | | chiropractic treatment to an animal withou t being certified in |
---|
96 | 146 | | animal chiropractic diagnosis and treatment by the Board if an |
---|
97 | 147 | | animal has been referred to the chiropractic physician by a licensed |
---|
98 | 148 | | veterinarian in writing. |
---|
99 | 149 | | SECTION 2. AMENDATORY 59 O.S. 2021, Section 161.3, i s |
---|
100 | 150 | | amended to read as follows: |
---|
101 | 151 | | Section 161.3. As used in the Oklahoma Chiropractic Practice |
---|
102 | 152 | | Act, these words, phrases or terms, unless the context otherwise |
---|
103 | 153 | | indicates, shall have the following meanings: |
---|
104 | 154 | | 1. “Accredited chiropractic college program” means a |
---|
105 | 155 | | chiropractic educational institution degree program which is |
---|
106 | 156 | | accredited by an accrediting agency recognized by the U.S. |
---|
107 | 157 | | Department of Education; |
---|
108 | 158 | | 2. “Animal chiropractic diagnosis and treatment ” means |
---|
109 | 159 | | treatment that includes vertebral subluxation complex (vsc) and |
---|
110 | 160 | | spinal manipulation of nonhuman vertebrates. The term “animal |
---|
111 | 161 | | animal chiropractic diagnosis and treatment” treatment shall not be |
---|
112 | 162 | | construed to allow the: |
---|
113 | 163 | | a. use of x-rays, |
---|
143 | 217 | | d. performance of traditional veterinary care; |
---|
144 | 218 | | 3. “Applicant” means any person submitting an application for |
---|
145 | 219 | | licensure to the Board; |
---|
146 | 220 | | 4. “Board” means the Board of Chiropractic Examiners; |
---|
147 | 221 | | 5. “Certified chiropractic assistant ” means an unlicensed |
---|
148 | 222 | | member of a chiropractic physician ’s team of healthcare workers who |
---|
149 | 223 | | may assist a chiropractic physician in the performance of |
---|
150 | 224 | | examination and therapeutic procedures and techniques necessary to |
---|
151 | 225 | | deliver healthcare services to patients within the scope of |
---|
152 | 226 | | chiropractic and has been certified by the Board; |
---|
153 | 227 | | 6. “Chiropractic physician ”, “chiropractor”, “doctor of |
---|
154 | 228 | | chiropractic”, “practitioner of chiropractic ” and “licensee” are |
---|
155 | 229 | | synonymous and mean a person holding an original license to practice |
---|
156 | 230 | | chiropractic in this st ate; |
---|
157 | 231 | | 7. “Examination” means the process used by the Board, prior to |
---|
158 | 232 | | the issuance of an original license, to test the qualifications and |
---|
159 | 233 | | knowledge of an applicant on any or all of the following: current |
---|
160 | 234 | | statutes, rules or any of those subjects listed in Se ction 161.8 of |
---|
161 | 235 | | this title; |
---|
162 | 236 | | 8. “Intern” means a student at an accredited chiro practic |
---|
163 | 237 | | college program who is participating in the Chiropractic |
---|
164 | 238 | | Undergraduate Preceptorship Program; |
---|
194 | 292 | | information. It shall also mean the discussion of philosophy as it |
---|
195 | 293 | | relates to the performance of chiropractic; |
---|
196 | 294 | | 10. “Original license” means a license granting initial |
---|
197 | 295 | | authorization to practice chir opractic in this state issued by the |
---|
198 | 296 | | Board to an applicant found by the Board to meet the licensing |
---|
199 | 297 | | requirements of the Oklahoma Chiropractic Practice Act, by |
---|
200 | 298 | | examination pursuant to Section 161.7 of this title, or by |
---|
201 | 299 | | relocation of practice pursuant to Sec tion 161.9 of this title; |
---|
202 | 300 | | 11. “Preceptor” means a chiropractic physician who is |
---|
203 | 301 | | participating in the Chiropractic Undergraduate Preceptorship |
---|
204 | 302 | | Program; |
---|
205 | 303 | | 12. “Relocation of practice ” means the recognition and approval |
---|
206 | 304 | | by the Board, prior to the issuance of an original license, of the |
---|
207 | 305 | | chiropractic licensing process in another state, c ountry, territory |
---|
208 | 306 | | or province; and |
---|
209 | 307 | | 13. “Renewal license” means a license issued to a chiropractic |
---|
210 | 308 | | physician by the Board, on or before the first day of July of each |
---|
211 | 309 | | year, which authorizes such licensee to practice chiropractic in |
---|
212 | 310 | | this state during the succeeding calendar year. |
---|
213 | 311 | | SECTION 3. AMENDATORY 59 O.S. 2021, Section 161.7, is |
---|
214 | 312 | | amended to read as follows: |
---|
244 | 366 | | the Board of Chiropractic Examiners in writing on a form and in a |
---|
245 | 367 | | manner prescribed by the Board through the online licens ure portal. |
---|
246 | 368 | | 2. The application shall be accompan ied by a fee of Three |
---|
247 | 369 | | Hundred Dollars ($300.00), which shall not be refundable under any |
---|
248 | 370 | | circumstances. |
---|
249 | 371 | | 3. If the application is disapproved by the Board, the |
---|
250 | 372 | | applicant shall be so notified by the Executive Director of the |
---|
251 | 373 | | Board of Chiropractic Examiners , with the reason for such |
---|
252 | 374 | | disapproval fully stated in writing. |
---|
253 | 375 | | 4. If the application is approved, the applicant may take an |
---|
254 | 376 | | examination administered by the Board for the purpose of securing an |
---|
255 | 377 | | original license. The Board may accept a passing score on an |
---|
256 | 378 | | examination administered by the National Board of Chiropractic |
---|
257 | 379 | | Examiners taken by the applicant or may require the applicant to |
---|
258 | 380 | | take an examination administered by the Board or both. |
---|
259 | 381 | | 5. Prior to approval of an application, the Board may authorize |
---|
260 | 382 | | the Executive Director of the Board of Chiropractic Examiners to |
---|
261 | 383 | | issue a temporary lic ense to an applicant who has submitted a |
---|
262 | 384 | | completed application and who, upon payment of the examination fee, |
---|
263 | 385 | | has passed the required examination with a score acceptable to the |
---|
264 | 386 | | Board. A temporary license shall authorize the applicant to |
---|
265 | 387 | | practice chiropractic in Oklahoma between the submission of the |
---|
295 | 441 | | permanent license or ten (10) calendar days following the Board ’s |
---|
296 | 442 | | denial of an application for a permanent license. |
---|
297 | 443 | | B. Applicants for an original license to practice chiropractic |
---|
298 | 444 | | in this state shall submit to the Board of Chiropractic Examiners |
---|
299 | 445 | | documentary evidence of completion of: |
---|
300 | 446 | | 1. A course of resident study of not less than four (4) years |
---|
301 | 447 | | of nine (9) months each in an accredited chiropractic college A |
---|
302 | 448 | | valid degree of Doctor of Chiropractic from a program accredited by |
---|
303 | 449 | | the Council on Chiropractic Edu cation. A senior student at an |
---|
304 | 450 | | accredited chiropractic college program may make application for an |
---|
305 | 451 | | original license by examination prior to graduation, but such a |
---|
306 | 452 | | license shall not be issued until documentary evidence of the |
---|
307 | 453 | | graduation of the student from the college program has been |
---|
308 | 454 | | submitted to the Board; |
---|
309 | 455 | | 2. Parts I, II, III, IV and physiotherapy as administered by |
---|
310 | 456 | | the National Board of Chiropractic Examiners with a passing score; |
---|
311 | 457 | | and |
---|
312 | 458 | | 3. Passing a jurisprudence examination approved by the Board |
---|
313 | 459 | | with a score of seventy-five percent (75%) or better. |
---|
314 | 460 | | C. Each applicant shall be a g raduate of an accredited |
---|
315 | 461 | | chiropractic college program. For those graduating from a |
---|
316 | 462 | | chiropractic program outside the United States, the applicants must |
---|
345 | 515 | | chiropractic from an institution authorized to operate by the |
---|
346 | 516 | | government having jurisdiction in which it is domiciled. |
---|
347 | 517 | | D. All credentials, diplomas, and other required documentation |
---|
348 | 518 | | in a foreign language submitted to the Board by such applicants |
---|
349 | 519 | | shall be accompanied by notarized English translatio ns. |
---|
350 | 520 | | E. International applicants shall provide satisfactory evidence |
---|
351 | 521 | | of meeting the requirements for permanent residence or temporary |
---|
352 | 522 | | nonimmigrant status as set forth by the Unit ed States Citizenship |
---|
353 | 523 | | and Immigration Services. |
---|
354 | 524 | | F. Effective January 1, 2006, out -of-state licensed applicants |
---|
355 | 525 | | shall submit to the Board documentary evidence that the applicant |
---|
356 | 526 | | has malpractice insurance. New applicants shall submit to the Board |
---|
357 | 527 | | documentary evidence that the applicant has malpractice insurance |
---|
358 | 528 | | within six (6) months of obtaining their his or her Oklahoma |
---|
359 | 529 | | license. |
---|
360 | 530 | | G. An applicant for an original license shall: |
---|
361 | 531 | | 1. Inform the Board as to whether the person has previously |
---|
362 | 532 | | been licensed in Okl ahoma and whether the license was revoked or |
---|
363 | 533 | | surrendered; |
---|
364 | 534 | | 2. Inform the Board as to whether the applicant has ever been |
---|
365 | 535 | | licensed in another jurisdiction and whether any disciplinary action |
---|
366 | 536 | | was taken against the applicant; |
---|
396 | 590 | | to, pleading guilty or nolo contendere to, receiving a deferred |
---|
397 | 591 | | sentence for, or being convicted of a felony crime that |
---|
398 | 592 | | substantially relates to the practice of chiro practic and poses a |
---|
399 | 593 | | reasonable threat to public safety; and |
---|
400 | 594 | | 4. If requested, appear before the Board for a personal |
---|
401 | 595 | | interview. |
---|
402 | 596 | | H. No later than one (1) year after receiving a license to |
---|
403 | 597 | | practice in Oklahoma, chiropractic physicians shall complete an |
---|
404 | 598 | | orientation course of training approved by the Board. The |
---|
405 | 599 | | orientation course hour s shall count as continuing education credits |
---|
406 | 600 | | for the year in which they were earned. An association may provide |
---|
407 | 601 | | the orientation course of training. |
---|
408 | 602 | | I. The Board may issue an o riginal license to those applicants |
---|
409 | 603 | | who have passed the required examination with a score acceptable to |
---|
410 | 604 | | the Board and who meet all other requirements set forth by the |
---|
411 | 605 | | Board. No license fee shall be charged by the Board for the balance |
---|
412 | 606 | | of the calendar year in which such a license is issued. |
---|
413 | 607 | | J. In addition to an applicant ’s failure to meet any other |
---|
414 | 608 | | requirements imposed by this section or other applicable law, the |
---|
415 | 609 | | Board may deny a license or impose probationary conditions if an |
---|
416 | 610 | | applicant has: |
---|
446 | 664 | | relates to the practice of chiropractic and poses a reasonable |
---|
447 | 665 | | threat to public safety; |
---|
448 | 666 | | 2. Been the subject of disciplinary action by the Board; or |
---|
449 | 667 | | 3. Been the subject of disciplinary action in another |
---|
450 | 668 | | jurisdiction. |
---|
451 | 669 | | K. As used in this section: |
---|
452 | 670 | | 1. “Substantially relates ” means the nature of criminal conduct |
---|
453 | 671 | | for which the person was convicted has a direct bearing on the |
---|
454 | 672 | | fitness or ability t o perform one or more of the duties or |
---|
455 | 673 | | responsibilities necessarily related to the occupation; and |
---|
456 | 674 | | 2. “Poses a reasonable threat ” means the nature of criminal |
---|
457 | 675 | | conduct for which the person was convicted involved an act or threat |
---|
458 | 676 | | of harm against another and has a bearing on the fitness or ability |
---|
459 | 677 | | to serve the public or work with othe rs in the occupation. |
---|
460 | 678 | | SECTION 4. AMENDATORY 59 O.S. 2021, Section 161.8, is |
---|
461 | 679 | | amended to read as follows: |
---|
462 | 680 | | Section 161.8. If an examination is administere d by the Board |
---|
463 | 681 | | of Chiropractic Examiners, it shall include those technical, |
---|
464 | 682 | | professional and practical subjects that relate to the practice of |
---|
465 | 683 | | chiropractic including, but not limited to, chiropractic principles, |
---|
466 | 684 | | anatomy, histology, physiology, symptomatolo gy, orthopedia, |
---|
467 | 685 | | chemistry, spinography, diagnosis, sanitation and hygiene, |
---|
497 | 739 | | ray, diagnostic laboratory procedures, physiol ogical therapeutics |
---|
498 | 740 | | and other subjects taught by accredited chiropractic colleges |
---|
499 | 741 | | programs. |
---|
500 | 742 | | SECTION 5. AMENDATORY 59 O.S. 2021, Section 161.9, is |
---|
501 | 743 | | amended to read as follows: |
---|
502 | 744 | | Section 161.9. A. Applications for an original license by |
---|
503 | 745 | | relocation of practice to practice chiropractic in this state shall |
---|
504 | 746 | | be made to the Board of Chiropractic Examiners in writing on a form |
---|
505 | 747 | | and in a manner prescribed by the Board through the online licensure |
---|
506 | 748 | | portal. The application shall be accompanied b y a fee of Three |
---|
507 | 749 | | Hundred Dollars ($300.00), which shall not be refundable under any |
---|
508 | 750 | | circumstances. If the application is disapproved by the Board, it |
---|
509 | 751 | | shall be returned to the applicant shall be notified by the |
---|
510 | 752 | | Executive Director of the Board of Chiropract ic Examiners, with the |
---|
511 | 753 | | reason for its disapproval fully stated in writing. |
---|
512 | 754 | | B. The Board may, in its discretion, issue an original license |
---|
513 | 755 | | by relocation to practice to an applicant who is currently licensed |
---|
514 | 756 | | to practice chiropractic in another state, countr y, territory or |
---|
515 | 757 | | province, upon the following conditions: |
---|
516 | 758 | | 1. That the applicant is of good moral character; |
---|
517 | 759 | | 2. That the requirements for licensure in the state, country, |
---|
518 | 760 | | territory or province in which the applicant is licensed are deemed |
---|
547 | 813 | | original license by examinat ion in force in this state at the date |
---|
548 | 814 | | of such license; |
---|
549 | 815 | | 3. That the applicant has no disciplinary matters pending |
---|
550 | 816 | | against him or her in any state, country, territory or province ; |
---|
551 | 817 | | 4. That the license of the applicant was obtained by |
---|
552 | 818 | | examination in the state, country, territory or province wherein it |
---|
553 | 819 | | was issued, or was obtained by examination of the National Board of |
---|
554 | 820 | | Chiropractic Examiners; |
---|
555 | 821 | | 5. That the applicant passes a jurispru dence examination given |
---|
556 | 822 | | by the Board or the National Board of Chiropractic Exa miners with a |
---|
557 | 823 | | minimum score of seventy -five percent (75%) or better; and |
---|
558 | 824 | | 6. That the applicant meets all other requirements of the |
---|
559 | 825 | | Oklahoma Chiropractic Practice Act. |
---|
560 | 826 | | C. Any applicant requesting a license by relocation of practice |
---|
561 | 827 | | into Oklahoma shall: |
---|
562 | 828 | | 1. Submit to the Board documentary evidence that the applicant |
---|
563 | 829 | | has been in active practice as a chiropractic physician three (3) |
---|
564 | 830 | | years immediately preceding the date of the applic ation; |
---|
565 | 831 | | 2. Provide full disclosure to the Board of any disciplinary |
---|
566 | 832 | | action taken against the applicant pursuant to licensure as a |
---|
567 | 833 | | chiropractic physician in any state pursuant to licensure and/or |
---|
568 | 834 | | criminal proceedings; |
---|
569 | 835 | | |
---|
572 | 862 | | 2 |
---|
573 | 863 | | 3 |
---|
574 | 864 | | 4 |
---|
575 | 865 | | 5 |
---|
576 | 866 | | 6 |
---|
577 | 867 | | 7 |
---|
578 | 868 | | 8 |
---|
579 | 869 | | 9 |
---|
580 | 870 | | 10 |
---|
581 | 871 | | 11 |
---|
582 | 872 | | 12 |
---|
583 | 873 | | 13 |
---|
584 | 874 | | 14 |
---|
585 | 875 | | 15 |
---|
586 | 876 | | 16 |
---|
587 | 877 | | 17 |
---|
588 | 878 | | 18 |
---|
589 | 879 | | 19 |
---|
590 | 880 | | 20 |
---|
591 | 881 | | 21 |
---|
592 | 882 | | 22 |
---|
593 | 883 | | 23 |
---|
594 | 884 | | 24 |
---|
595 | 885 | | |
---|
596 | 886 | | 3. Provide full disclosure to the Boar d of any criminal |
---|
597 | 887 | | proceeding taken against the applicant in any jurisdiction |
---|
598 | 888 | | including, but not limited to: |
---|
599 | 889 | | a. pleading guilty, pleading nolo contendere, receiving a |
---|
600 | 890 | | deferred sentence or being convicted of a felony, |
---|
601 | 891 | | b. pleading guilty, pleading nolo conten dere, receiving a |
---|
602 | 892 | | deferred sentence or being convicted of a misdemeanor |
---|
603 | 893 | | involving moral turpitude, or |
---|
604 | 894 | | c. pleading guilty, pleading nolo contendere, receiving a |
---|
605 | 895 | | deferred sentence or being convicted of a violation of |
---|
606 | 896 | | federal or state controlled dangerous sub stance laws; |
---|
607 | 897 | | 4. If requested, appear before the Board for a personal |
---|
608 | 898 | | interview; and |
---|
609 | 899 | | 5. Pay an application fee to be set by rule of the Board. |
---|
610 | 900 | | D. The Board may authorize the Executive Director of the Board |
---|
611 | 901 | | of Chiropractic Examiners to issue a temporary l icense to an |
---|
612 | 902 | | applicant who has submitted a completed application and has passe d |
---|
613 | 903 | | the required examination with a score acceptable to the Board. A |
---|
614 | 904 | | temporary license shall authorize the applicant to practice |
---|
615 | 905 | | chiropractic in Oklahoma between the submission of the application |
---|
616 | 906 | | and the applicant’s approval for licensure by the Board. A |
---|
617 | 907 | | temporary license shall expire upon the Board ’s approval of a |
---|
618 | 908 | | permanent license or ten (10) calendar days following the Board ’s |
---|
619 | 909 | | denial of an application for a permanent license. |
---|
620 | 910 | | |
---|
623 | 937 | | 2 |
---|
624 | 938 | | 3 |
---|
625 | 939 | | 4 |
---|
626 | 940 | | 5 |
---|
627 | 941 | | 6 |
---|
628 | 942 | | 7 |
---|
629 | 943 | | 8 |
---|
630 | 944 | | 9 |
---|
631 | 945 | | 10 |
---|
632 | 946 | | 11 |
---|
633 | 947 | | 12 |
---|
634 | 948 | | 13 |
---|
635 | 949 | | 14 |
---|
636 | 950 | | 15 |
---|
637 | 951 | | 16 |
---|
638 | 952 | | 17 |
---|
639 | 953 | | 18 |
---|
640 | 954 | | 19 |
---|
641 | 955 | | 20 |
---|
642 | 956 | | 21 |
---|
643 | 957 | | 22 |
---|
644 | 958 | | 23 |
---|
645 | 959 | | 24 |
---|
646 | 960 | | |
---|
647 | 961 | | E. No license fee shall be charged by the Board for the balance |
---|
648 | 962 | | of the calendar year in which such a license is issued. |
---|
649 | 963 | | F. In addition to an applicant ’s failure to meet any other |
---|
650 | 964 | | requirements imposed by this section or other applicable law, the |
---|
651 | 965 | | Board may deny a license or impose probationary conditions if an |
---|
652 | 966 | | applicant has: |
---|
653 | 967 | | 1. Pleaded guilty, pleaded nolo contendere, received a deferred |
---|
654 | 968 | | sentence or been convicted of a felony; |
---|
655 | 969 | | 2. Pleaded guilty, pleaded nolo contendere, received a deferred |
---|
656 | 970 | | sentence or been convicted of a misdemeanor involving moral |
---|
657 | 971 | | turpitude; |
---|
658 | 972 | | 3. Pleaded guilty, ple aded nolo contendere, received a deferred |
---|
659 | 973 | | sentence or been convicted of a violation of federal or state |
---|
660 | 974 | | controlled dangerous substance laws; |
---|
661 | 975 | | 4. Been the subject of disciplinary action by the Board; or |
---|
662 | 976 | | 5. Been the subject of disciplinary action in another |
---|
663 | 977 | | jurisdiction. |
---|
664 | 978 | | SECTION 6. REPEALER 59 O.S. 2021, Section 161.12 a, is |
---|
665 | 979 | | hereby repealed. |
---|
666 | 980 | | SECTION 7. This act shall become effective November 1, 2025. |
---|