The Board may at any time direct and order a mental, physical, or professional competency examination or any combination thereof, and make such investigations in order to fully inform itself with respect to the performance or conduct of a licensee or certificate holder pursuant to ORS 684.100(5), (6) and (7):
(1) The professional competency examination shall be administered as a written or oral examination. The Board may elect to administer one or both examinations or may elect to use a nationally recognized competency examination such as the National Board of Chiropractic Examiners (NBCE) Part IV or Special Purposes Examination for Competency (SPEC). The Board may elect to use other methods of competency examination, including, but not limited to, psychological examinations conducted by a board-approved licensed psychologist or psychiatrist.(a) The written examination shall be determined by the Board according to ORS 684.100(5), (6) and (7);(b) The Board shall make a determination of the passing grade. When the Board elects to use either the NBCE Part IV or SPEC examination, the passing grade suggested by the NBCE shall be adopted.(2) The examinee shall be given no less than two weeks' notice of the date, time, and place of any examination administered.(3) Failure to achieve a passing grade on any competency examination shall constitute grounds for suspension or revocation of examinee's license or certificate by the Board.(4) Any licensee or certificate holder, by practicing chiropractic or acting as a certified chiropractic assistant, shall be deemed to have given consent to submit to any competency examination including a mental or physical examination when so directed by the Board and to have waived all objection to the admissibility of information derived from such mental or physical or professional competency examination on the grounds of statutory privileged communications.Or. Admin. Code § 811-010-0089
2CE 1-1981, f. 4-8-81, ef. 6-1-81; CE 1-1987, f. 2-13-87, ef. 3-1-87; CE 4-1990, f. & cert. ef. 5-17-90; BCE 3-2000, cert. ef. 8-23-00; BCE 12-2019, amend filed 10/10/2019, effective 10/10/2019Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS 684.100(6)