71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 288
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Board of Chiropractic Examiners)
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 288 (SB 288-B) Page 1
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:
Enrolled Senate Bill 288 (SB 288-B) Page 2
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.
Enrolled Senate Bill 288 (SB 288-B) Page 3
(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. + }
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Enrolled Senate Bill 288 (SB 288-B) Page 4
Passed by Senate February 23, 2001
Repassed by Senate June 5, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 29, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 288 (SB 288-B) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 288 (SB 288-B) Page 6