ENROLLED HOUSE
BILL NO. 1658	By:	Enns of the House

			   and

		Jolley of the Senate

An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 161.3, as last amended by Section 1, Chapter 363, O.S.L. 2007 and 161.6, as last amended by Section 1, Chapter 362, O.S.L. 2009 (59 O.S. Supp. 2010, Sections 161.3 and 161.6), which relate to the Oklahoma Chiropractic Practice Act; defining term; authorizing Board to promulgate rules for certain persons; and providing an effective date.

SUBJECT:  Oklahoma Chiropractic Practice Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     59 O.S. 2001, Section 161.3, as last amended by Section 1, Chapter 363, O.S.L. 2007 (59 O.S. Supp. 2010, Section 161.3), is amended to read as follows:

Section 161.3  As used in the Oklahoma Chiropractic Practice Act, these words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:

1.  "Accredited chiropractic college" means a chiropractic educational institution which is accredited by the Commission on Accreditation of the Council on Chiropractic Education, a national, independent accreditation body recognized and approved by the U.S. Department of Education, or its successor;

2.  "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates.  The term “animal chiropractic diagnosis and treatment” shall not be construed to allow the:

a.	use of x-rays,

b.	performing of surgery,

c.	dispensing or administering of medications, or

d.	performance of traditional veterinary care;

3.  "Applicant" means any person submitting an application for licensure to the Board;

4.  "Board" means the Board of Chiropractic Examiners;

5.  “Certified chiropractic assistant” means an unlicensed member of a chiropractic physician’s team of healthcare workers who may assist a chiropractic physician in the performance of examination and therapeutic procedures and techniques necessary to deliver healthcare services to patients within the scope of chiropractic;

6.  "Chiropractic physician", "chiropractor", "doctor of chiropractic", "practitioner of chiropractic" and "licensee" are synonymous and mean a person holding an original license to practice chiropractic in this state;

6. 7.  "Examination" means the process used by the Board, prior to the issuance of an original license, to test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules or any of those subjects listed in Section 161.8 of this title;

7. 8.  "Intern" means a student at an accredited chiropractic college who is participating in the Chiropractic Undergraduate Preceptorship Program;

8.  “Non-Clinical” 9.  “Nonclinical” means of a business nature including, but not limited to, practice management, insurance information, and computer information.  It shall also mean the discussion of philosophy as it relates to the performance of chiropractic.;

9. 10.  "Original license" means a license granting initial authorization to practice chiropractic in this state issued by the Board to an applicant found by the Board to meet the licensing requirements of the Oklahoma Chiropractic Practice Act, by examination pursuant to Section 161.7 of this title, or by reciprocity pursuant to Section 161.9 of this title;

10. 11.  "Preceptor" means a chiropractic physician who is participating in the Chiropractic Undergraduate Preceptorship Program;

11. 12.  “Relocation of practice” means the recognition and approval by the Board, prior to the issuance of an original license, of the chiropractic licensing process in another state, country, territory or province; and

12. 13.  "Renewal license" means a license issued to a chiropractic physician by the Board, on or before the first day of January of each year, which authorizes such licensee to practice chiropractic in this state during the succeeding calendar year.

SECTION 2.     AMENDATORY     59 O.S. 2001, Section 161.6, as last amended by Section 1, Chapter 362, O.S.L. 2009 (59 O.S. Supp. 2010, Section 161.6), is amended to read as follows:

Section 161.6  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, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary, in accordance with state procedures;

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 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;

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.  Assess chiropractic applicants the cost for a criminal background check.  The criminal background checks required by this section shall follow the requirements of Section 1-1950.1 of Title 63 of the Oklahoma Statutes;

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 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.

D.  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.

SECTION 3.  This act shall become effective November 1, 2011.

Passed the House of Representatives the 5th day of May, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 20th day of April, 2011.

	
Presiding Officer of the Senate