Okla. Admin. Code § 140:3-3-2

Current through Vol. 42, No. 8, January 2, 2025

Section 140:3-3-2 - Procedures for complaints against chiropractic physicians

(a) Any person may submit to the Board a complaint against a chiropractic physician. In the event a complaint is made against a member of the Board or the Advisory Committee that member of the Board or Advisory Committee shall recuse himself from further action, investigation or other matter related to said complaint.

(b) The Board shall make available a form which may be used for the filing of complaints.

(c) After a complaint is received by the Board, the Executive Director and the Chair of the Advisory Committee, or a member of the Advisory Committee appointed by the Chair to serve as the Chair's designee, shall meet and determine whether the complaint merits further investigation. If a determination is made that the complaint merits further investigation, the Executive Director, in consultation with the Chair of the Advisory Committee or the Chair's designee, shall assign the complaint to an investigator. The focus and scope of the investigation shall pertain only to the subject of the complaint.

(d) No member of the Board shall review any complaint or discuss any complaint with any member of the Advisory Committee or any other person, including the complainant and the chiropractic physician named in the complaint, except that the Board may review the written report of the Advisory Committee as provided in (h), (i) and (j) of this section.

(e) No member of the Advisory Committee or the investigator may, in any way, discuss any complaint or the details therein with any person without order from the Board or a Court of competent jurisdiction. Discussion or disclosure of any complaint or information therein by an Advisory Committee member may result in that Advisory Committee member's removal from the investigation committee and other such sanctions as the Board deems appropriate.

(f) The amount of time for investigation of a complaint received by the Advisory Committee shall not exceed thirty-six (36) months.

(g) The investigator shall provide the chiropractic physician named in the complaint with a notice of the complaint and shall require said chiropractic physician to provide a written response to the complaint within thirty (30) calendar days of mailing of a copy of the notice to said chiropractic physician. The failure of a chiropractic physician to respond to such a request of the Advisory Committee or investigator shall be grounds for disciplinary action by the Board. In addition, the chiropractic physician named in the complaint shall not contact, attempt to contact or allow anyone else to contact the person(s) who filed the complaint or the person(s) who the chiropractic physician named in the complaint believes may have filed the complaint.

(h) It shall be the duty of the investigator to investigate the complaint fully and in a manner consistent with due process requirements and the APA and to present the findings of the investigation to the Advisory Committee for review. At the conclusion of the investigation, the Advisory Committee, in consultation with the Board's prosecuting attorney, shall:

(1) refer the matter to the Executive Director may to issue a field citation pursuant to 140:3-3-9 and thereafter submit a written report to the Board detailing the facts concerning the citation, or

(2) submit a written report to the Board detailing the findings and determinations of the Advisory Committee and making a recommendation as to further action by the Board.

(i) The written report of the Advisory Committee shall be drafted so as to keep anonymous the name of the Complainant and the chiropractic physician named in the complaint. The report shall include a brief recitation of the facts of the complaint and a statement whether the Advisory Committee found competent evidence to support the allegations contained in the complaint.

(j) The Board shall review the report of the Advisory Committee at a meeting of the Board, provided, however that the Board's review of the report shall not be conducted as a hearing and the Board shall not hear testimony or receive evidence. Upon review of the report, the Board may:

(1) dismiss the complaint if the Board finds there is not reasonable cause to believe that there was a violation of the Chiropractic Practice Act or Title 140 of the Oklahoma Administrative Code;

(2) issue a letter of concern, pursuant to 140:3-3-3, to the chiropractic physician named in the complaint if the Board finds that there is reasonable cause to believe that said chiropractic physician has committed a violation, but such violation, if proven, is not of such a nature as to warrant the imposition of a penalty by the Board; or

(3) initiate an individual proceeding, pursuant to 140:3-3-4, against the chiropractic physician named in the complaint if the Board finds that there is reasonable cause to believe that said chiropractic physician has committed a violation and that such violation, if proven, is of such a nature as to warrant the imposition of a penalty by the Board.

(k) In the event the Board votes to issue a letter of concern in regard to a complaint, it shall thereupon be the duty of the Advisory Committee or investigator to provide the board sufficient details as to the nature of the complaint so as to assist the Board to render a meaningful letter of concern.

Okla. Admin. Code § 140:3-3-2

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 15 Ok Reg 2985, eff 7-13-98; Amended at 19 Ok Reg 2631, eff 7-11-02; Amended at 22 Ok Reg 1039, eff 5-26-05; Amended at 25 Ok Reg 1851, eff 6-26-08; Amended at 26 Ok Reg 2440, eff 7-11-09; Amended at 30 Ok Reg 2125, eff 8-25-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016