Chapter 598 Oregon Laws 2001
AN ACT
SB 288
Relating to regulation of
practice of chiropractic; creating new provisions; and amending ORS 684.020,
684.090, 684.150, 684.155, 684.185 and 684.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 684.020 is amended to read:
684.020. (1) Except as provided in ORS 684.107, it is
unlawful for any person to practice chiropractic in this state unless the
person first obtains and maintains an active license, as provided in this
chapter.
(2) Subsection (1) of this section shall not apply to a
student of chiropractic engaging in clinical studies during the period of the
student’s enrollment in an [Oregon]
institution authorized to confer a doctoral degree in chiropractic. The
clinical studies may take place on the premises of the educational institution
or in a clinical setting located off the premises of the institution if the
facility, the institution staff and the course of study to be pursued off the
premises of the educational institution meet minimum requirements for
supervision and patient care prescribed by the rules of the State Board of
Chiropractic Examiners and the clinical study is performed under the direct
supervision of a member of the faculty of the institution.
SECTION 2.
ORS 684.090 is amended to read:
684.090. (1) In addition to meeting the requirements of ORS
684.092, each person practicing chiropractic within this state shall, on or
before [August 1] the renewal date of each year after a
license is issued to the person, pay to the State Board of Chiropractic
Examiners an annual registration fee not to exceed $250, as determined by the
State Board of Chiropractic Examiners and approved by the Oregon Department of
Administrative Services. The maximum annual registration fee for one not
engaged in active practice shall not exceed $150, as determined by the board
and approved by the Oregon Department of Administrative Services. A person
engaged in a limited active practice shall pay to the board an annual license
fee not to exceed 75 percent of the annual active license fee. The board, [on or before July 1 of each year] at least 60 days prior to the renewal date,
shall cause to be mailed to the last-known professional address of [all] each licensed [chiropractors]
chiropractor in this state a notice
of the requirements of ORS 684.092 and that the registration fee will be due on
or before [August 1] the renewal date next following. The
annual registration fee shall be payable only by personal, corporate or
certified check or by money order. As used in this subsection, “limited active
practice” means a practice engaged in by a person who is over 60 years of age,
has been in practice over 25 years and meets such other requirements as
determined by the board.
(2) The failure, neglect or refusal of any person holding a
license or certificate to practice under this chapter to pay the annual fee and
to show compliance with or exemption from the requirement of ORS 684.092 during
the time the license remains in force shall cause the license to expire after a
period of 30 days from [August 1] the renewal date of the year for which
the failure occurs.
(3) The licenses not renewed on time shall not be renewed
except upon written application and a payment to the board of the fee for the
license category plus a delinquent fee of $100 for each week or portion
thereof, not to exceed $500, and upon compliance with or exemption from the
requirements of ORS 684.092. A [licentiate]
licensee who pays the annual renewal
fee and shows compliance or exemption within 12 months of the expiration date
of the license shall not be required to submit to an examination for the
reissuance of a license.
[(4) The license of
any licentiate who fails to renew the license within one year from August 1
preceding shall be renewed only upon written application, the payment to the
board of the annual registration fee plus one-half of that fee and successful
completion of the examination authorized under ORS 684.050.]
[(5)] (4) Any person whose license
application was denied or whose license has been revoked or suspended and whose
license privileges are granted or restored may receive the license for the year
in which the privilege is granted or restored upon payment of the annual
registration fee for the license category plus one-half thereof.
SECTION 2a.
ORS 684.150 is amended to read:
684.150. (1) The State Board of Chiropractic Examiners
shall adopt a seal which shall be affixed to all licenses issued by it. The
board shall from time to time adopt such rules as it deems proper and necessary
for the administration of this chapter and the performance of its work. Upon receipt of a complaint, the board
has authority to make investigations, administer oaths, take affidavits, summon
witnesses, and require the
production of evidence, documents and records pertaining to [a specific] the complaint. [, and] The board may also take testimony as to matters pertaining to its
duties and for the administration of this chapter. A majority of the board
constitutes a quorum.
(2) The board shall meet as a board of examiners during the
months of January and July each year on such days and at such times and places
as may be found necessary for the performance of its duties.
(3) The board shall adopt a schedule of minimum educational
requirements, which shall be without prejudice or discrimination as to the
different colleges teaching chiropractic.
SECTION 2b.
ORS 684.155 is amended to read:
684.155. In addition to any other powers granted by this
chapter, the State Board of Chiropractic Examiners may:
(1) Adopt necessary and proper rules:
(a) Establishing standards and tests to determine the
moral, intellectual, educational, scientific, technical and professional
qualifications of applicants for licenses to practice in this state.
(b) To enforce the provisions of this chapter and to
exercise general supervision over the practice of chiropractic within this
state.
(c)(A) To establish standards and procedures to certify
ancillary personnel as qualified to provide physiotherapy, electrotherapy or
hydrotherapy under the direction of a chiropractic physician, and to establish
continuing education requirements as a condition of maintaining such
certification.
(B) As used in this paragraph, “ancillary personnel” means
a chiropractic physician’s staff personnel who are directed or designated, by
spoken or written words or other means, to follow and carry out the
chiropractic physician’s orders or directions.
(2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and place persons on probation as
provided in this chapter.
(3) Without the necessity of prior administrative
proceedings or hearing and entry of an order or at any time during such
proceedings if they have been commenced, institute proceedings to enjoin the
practice of any person operating in violation of this chapter.
(4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in the
development and improvement of the practice of chiropractic in this state, upon
such terms and conditions for reimbursement as are agreed to by the board and
the other agency or body.
(5) Determine the chiropractic schools, colleges and
institutions and the training acceptable in connection with licensing under
this chapter and approve residency, internship and other training programs
carried on by chiropractic schools, colleges or institutions or chiropractic
facilities.
(6) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
(7) Prescribe all forms that it considers appropriate for
the purposes of this chapter, and require the submission of photographs,
fingerprints and relevant personal history data by applicants for licenses to
practice chiropractic in this state.
(8) Subject to ORS
684.150, administer oaths, issue notices and subpoenas in the name of the
board, enforce subpoenas in the manner authorized by ORS 183.440, hold hearings
and perform such other acts as are reasonably necessary to carry out its duties
under this chapter.
(9) Establish specialty certificate requirements within the
practice of chiropractic, adopt rules applicable to specialty certification and
require specialty certification for chiropractic physicians engaging in
practices identified by the board as requiring specialty certification.
SECTION 3.
ORS 684.185 is amended to read:
684.185. (1) The State Board of Chiropractic Examiners
shall appoint and form peer review committees. The peer review committee shall
evaluate complaints against chiropractic physicians that are referred to it by
the board and report to the board regarding those complaints.
(2) The members of a peer review committee shall be
appointed from among those in the profession who are in active practice with
five or more years of practice representing various geographic areas in this
state. Members shall be representative of affiliated and nonaffiliated
chiropractic physicians and representative of various aspects of the practice
of chiropractic. To be appointed a member must receive at least four votes from
members of the state board. Members shall serve [two-year] three-year
terms. No member may serve more than two consecutive terms.
(3) The peer review process shall be governed by rules of
the state board adopted pursuant to ORS 183.310 to 183.550. The state board
shall provide appropriate training for members of peer review committees.
(4) Members of a peer review committee acting pursuant to
this section are agents of the state board and are subject to provisions of ORS
30.260 to 30.300.
(5) Peer review shall not be used to replace independent
medical examinations.
(6) Upon receipt of a complaint under this chapter, the
peer review committee shall conduct an investigation as described under ORS
676.165.
(7) Any information provided to a peer review committee in
the performance of its duties is confidential and shall not be subject to
public disclosure or admissible as evidence in any judicial proceeding, except
that as a part of a peer review report, this information may be disclosed to
the state board and the person being reviewed who may then use the information
in any disciplinary or court proceeding brought by the board. Peer review
committee information that becomes part of the record of a board investigation
into licensee or applicant conduct or part of a contested case proceeding,
consent order or stipulated agreement involving licensee or applicant conduct
is confidential as provided under ORS 676.175.
(8) Any person who reports or provides information to a
peer review committee in the performance of its duties and who provides
information in good faith shall not be subject to an action for civil damages
as a result thereof.
SECTION 4.
ORS 684.990 is amended to read:
684.990. [Violation
of any of the provisions of ORS 684.015 (1) is punishable, upon conviction, by
a fine of not less than $50 nor more than $200, or by imprisonment in the
county jail for not less than 30 days nor more than one year, or by both. All
subsequent offenses shall be punished in like manner] Violation of ORS 684.020 (1) is a Class A misdemeanor.
SECTION 5.
The lapse, suspension or revocation of a
license issued under ORS chapter 684 by
the operation of law or by order of the State Board of Chiropractic Examiners
or by the decision of a court of law, or the voluntary surrender of a license
by a licensee, shall not deprive the board of jurisdiction to proceed with any
investigation of or any action or disciplinary proceeding against the licensee
or to revise or render null and void an order of disciplinary action against
the licensee.
SECTION 6.
Notwithstanding ORS 684.054, 684.060 and
684.090, the State Board of Chiropractic Examiners may charge a prorated
registration fee for the purpose of a transition to a birth date license
renewal system.
Approved by the Governor
June 25, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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