71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1149
 
                         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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies requirements for practice of chiropractic by certain
students engaged in clinical studies. Changes terms for renewal
of certain licenses. Lengthens term for members of peer review
committees. Modifies penalty for practicing chiropractic without
license. Eliminates penalty for use of certain titles.
Establishes continuing jurisdiction of State Board of
Chiropractic Examiners over certain licensees.
 
                        A BILL FOR AN ACT
Relating to regulation of practice of chiropractic; creating new
  provisions; and amending ORS 684.020, 684.090, 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 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, shall cause to be mailed to the last-known professional
address of all licensed chiropractors 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 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 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 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 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. + }
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