Okla. Stat. tit. 59 § 161.6

Current through Laws 2024, c. 453.

Section 161.6 - Powers of Board - Advisory Committee

A. Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of Chiropractic Examiners shall have the power to formulate, adopt and promulgate rules as may be necessary to regulate the practice of chiropractic in this state and to implement and enforce the provisions of the Oklahoma Chiropractic Practice Act.

B. The Board is authorized and empowered to:

1. Establish and maintain a procedure or system for the certification or accreditation of chiropractic physicians who are qualified in chiropractic post-doctorate Diplomate and all other chiropractic specialties;

2. Establish a registration system and adopt and enforce standards for the education and training of chiropractic physicians who engage in the business of issuing professional opinions on the condition, prognosis or treatment of a patient;

3. Adopt and enforce standards governing the professional conduct of chiropractic physicians, consistent with the provisions of the Oklahoma Chiropractic Practice Act, for the purpose of establishing and maintaining a high standard of honesty, dignity, integrity and proficiency in the profession;

4. Lease office space for the purpose of operating and maintaining a state office, and pay the rent thereon; provided, however, such state office shall not be located in or directly adjacent to the office of any practicing chiropractic physician;

5. Purchase office furniture, equipment and supplies;

6. Employ an Executive Director who shall serve as the Chief Administrative Officer of the agency. The Executive Director shall have the authority to employ other persons as necessary to maintain the operations of the Board and shall perform such other duties as the Board may prescribe;

7. Employ legal counsel, as needed, to represent the Board in all legal matters and to assist authorized state officers in prosecuting or restraining violations of the Oklahoma Chiropractic Practice Act, and pay the fees for such services;

8. Order or subpoena the attendance of witnesses, the inspection of records and premises and the production of relevant books and papers for the investigation of matters that may come before the Board;

9. Employ or contract with one or more investigators, as needed, for the sole purpose of investigating written complaints regarding the conduct of chiropractic physicians, and fix and pay their salaries or wages. Any investigator shall be certified as a peace officer by the Council on Law Enforcement Education and Training and shall have statewide jurisdiction to perform the duties authorized by this section;

10. Pay the costs of such research programs in chiropractic as in the determination of the Board would be beneficial to the chiropractic physicians in this state;

11. Establish minimum standards for continuing education programs administered by chiropractic associations pursuant to Section 161.11 of this title;

12. Make such other expenditures as may be necessary in the performance of its duties;

13. Establish appropriate fees and charges to implement the provisions of the Oklahoma Chiropractic Practice Act;

14. Establish policies for Board operations;

15. Determine and direct Board operating administrative, personnel and budget policies and procedures in accordance with applicable statutes;

16. Provide travel expenses for at least the Executive Director and provide travel expenses for members of the Board to attend an annual national conference. The Board shall give each member the opportunity to attend the annual national conference;

17. Require applicants for an original license to submit to a national criminal history record check pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes. The costs associated with the national criminal history record check shall be paid directly by the applicant;

18. Out-of-state licensed chiropractic physicians may travel into Oklahoma to treat patients for special events including, but not limited to, sporting events and state emergencies, and to assist in treating patients for those chiropractic physicians who are unable to practice for medical reasons within the borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and

19. The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.

C. The Board shall promulgate rules regarding continuing education seminars or courses or license renewal seminars or courses including, but not limited to, the qualifications of an applicant, association or entity seeking to sponsor a seminar or course, where the association or entity is domiciled, whether the association or entity is classified as a nonprofit organization, and the educational experience of instructors applying to conduct a seminar or course. The Board shall also promulgate rules regarding certified chiropractic assistants.

1. The Board shall appoint an Advisory Committee of a minimum of four and no more than six chiropractic physicians and one lay member representing the public who may advise and assist the Board in:

a. investigating the qualifications of applicants for an original license to practice chiropractic in this state,

b. investigating written complaints regarding the conduct of chiropractic physicians, including alleged violations of the Oklahoma Chiropractic Practice Act or of the rules of the Board, and

c. such other matters as the Board shall delegate to them.

2. The Advisory Committee shall be selected from a list of ten chiropractic physicians and three lay persons submitted by each chiropractic association or society in this state or any unaffiliated chiropractic physician desiring to submit a list. The term of service for members of the Advisory Committee shall be determined by the Board. Members of the Advisory Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

1. After an initial complaint is received by the Board, the Executive Director and the Chair of the Advisory Committee, or designee, shall 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 designee, shall assign the complaint to an investigator. The focus and scope of an investigation shall pertain only to the subject of the complaint.

2. The complaint and findings of the investigator shall be presented to the Advisory Committee for review. The Advisory Committee, in consultation with the Board's prosecuting attorney, shall make an informal recommendation for disposition of the complaint to the Board.

1. The Board, its employees, appointed committee members, independent contractors or other agents of the Board shall keep confidential the complaint and information obtained during an investigation into violations of the Oklahoma Chiropractic Practice Act; provided, however, such information may be introduced by the state in administrative proceedings before the Board and the information then becomes a public record.

2. The complaint and information obtained during the investigation but not introduced in administrative proceedings shall not be subject to subpoena or discovery in any civil or criminal proceedings, except that the Board may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the information.

3. The respondent may acquire information obtained during an investigation, unless the disclosure of the information is otherwise prohibited, except for the investigative report, if the respondent signs a protective order whereby the respondent agrees to use the information solely for the purpose of defense in the Board proceeding and in any appeal therefrom and agrees not to otherwise disclose the information.

G. The Board shall promulgate rules regarding the issuance of field citations and the assessment of administrative penalties no later than July 1, 2012. Administrative penalties for field citations shall not exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense.

H. The forfeiture, nonrenewal, surrender or voluntary relinquishment of a license by a licensee shall not bar jurisdiction by the Board to proceed with any investigation, action or proceeding to revoke, suspend, condition or limit the licensee's license or fine the licensee.

Okla. Stat. tit. 59, § 161.6

Amended by Laws 2019 , c. 213, s. 3, eff. 11/1/2019.

Amended by Laws 2018 , c. 94, s. 2, eff. 11/1/2018.

Amended by Laws 2017 , c. 54, s. 1, eff. 11/1/2017.

Amended by Laws 2015 , c. 155, s. 1, eff. 11/1/2015.

Laws 1921, SB 35, c. 7, § 2; Amended by Laws 1972, HB 1625, c. 250, §1, emerg. eff. 4/7/1972; Amended by Laws 1982, SB 565, c. 268, § 2, emerg. eff. 5/14/1982; Amended by Laws 1983, SB 223, c. 298, § 2, emerg. eff. 6/23/1983; Amended by Laws 1986, SB 528, c. 317, §1, emerg. eff. 6/24/1986; Amended by Laws 1990, HB 1730, c. 182, § 1, emerg. eff. 5/7/1990; Amended by Laws 1991, SB 461, c. 265, § 6, eff. 10/1/1991; Renumbered from 59 O.S. § 162 by Laws 1991, SB 461, c. 265, §22, eff. 10/1/1991; Amended by Laws 1994, SB 1032, c. 390, §4, eff. 9/1/1994; Amended by Laws 2002 , SB 975, c. 255, §2, eff. 11/1/2002; Amended by Laws 2004 , HB 2724, c. 269, §4, emerg. eff. 5/6/2004; Amended by Laws 2005 , HB 1811, c. 149, §3, eff. 11/1/2005; Amended by Laws 2008, SB 1789, §1, emerg. eff. 6/3/2008; Amended by Laws 2009 , SB 1179, c. 362, §1, eff. 11/1/2009; Amended by Laws 2011 , HB 1658, c. 230, §2, eff. 11/1/2011(repealed by Laws 2012 , SB 1704, c. 11, §16, emerg. eff. 4/4/2012); Amended by Laws 2011 , SB 299, c. 252, §1, eff. 11/1/2011; Amended by by Laws 2012 , SB 1704, c. 11, §15, emerg. eff. 4/4/2012.