Chapter 378 Oregon Laws 2005

AN ACT

HB 2061

Relating to criminal records checks by State Board of Chiropractic Examiners; amending ORS 684.040, 684.100 and 684.155.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 684.040 is amended to read:

684.040. (1) Any person applying for a license to practice chiropractic in this state shall make application to the State Board of Chiropractic Examiners, upon such form and in such manner as may be provided by the board. The application must be accompanied by [a] nonrefundable [fee] fees of:

(a) $150[.]; and

(b) An amount equal to the actual cost, as determined by the board by rule, of the nationwide criminal records check under ORS 684.155.

(2) Each applicant shall furnish to the board:

(a) Evidence satisfactory to the board of the applicant’s good moral character.

(b) A certificate of proficiency in the fundamental sciences (Part I, taken subsequent to January 1, 1971) issued to the applicant by the National Board of Chiropractic Examiners.

(c) Evidence of successful completion of at least two years of liberal arts and sciences study, in any college or university accredited by either the Northwest Association of Schools and Colleges or a like regional association or in any college or university in Oregon approved for granting degrees by the Oregon Student Assistance Commission.

(d) A diploma and transcript, certified by the registrar, or other documents satisfactory to the board evidencing graduation from a chiropractic school or college approved by the board under the board’s academic standards, or from a school accredited by the Council on Chiropractic Education or its successor agency, under standards that are accepted and adopted biennially by the board in the version applied to that school by the accrediting agency.

(e) A statement of any other health care provider license in this state held by the applicant, with identifying information required by the board.

(3) The board may waive the requirements of subsection (2)(c) of this section for any applicant for a license to practice chiropractic if the applicant is licensed in another state and practiced chiropractic in that state, but the applicant must pass the examination authorized by ORS 684.050 or by ORS 684.052.

SECTION 2. ORS 684.100 is amended to read:

684.100. (1) The State Board of Chiropractic Examiners may refuse to grant a license to any applicant or may discipline a person upon any of the following grounds:

(a) Fraud or misrepresentation.

(b) The practice of chiropractic under a false or assumed name.

(d) A conviction of a felony or misdemeanor involving moral turpitude. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.

(e) Commitment to a mental institution. A copy of the record of commitment, certified to by the clerk of the court entering the commitment, is conclusive evidence of the commitment.

(f) Habitual intemperance in the use of intoxicants or controlled substances to such an extent as to incapacitate the person from the performance of professional duties.

(g) Unprofessional or dishonorable conduct, including but not limited to:

(A) Any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice that does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition that does or might impair a physician’s ability safely and skillfully to practice chiropractic.

(B) Willful ordering or performance of unnecessary laboratory tests or studies; administration of unnecessary treatment; failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care; or otherwise ordering or performing any chiropractic service, X-ray or treatment that is contrary to recognized standards of practice of the chiropractic profession.

(h) Failing to notify the board of a change in location of practice as provided in ORS 684.054.

(i) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be permanently cured.

(j) The use of any advertising making untruthful, improper, misleading or deceptive statements.

(k) The advertising of techniques or modalities to infer or imply superiority of treatment or diagnosis by the use thereof that cannot be conclusively proven to the satisfaction of the board.

(L) Knowingly permitting or allowing any person to use the license of the person in the practice of any system or mode of treating the sick.

(m) Advertising either in the name of the person or under the name of another person, clinic or concern, actual or pretended, in any newspaper, pamphlet, circular or other written or printed paper or document, professing superiority to or a greater skill than that possessed by other chiropractic physicians that cannot be conclusively proven to the satisfaction of the board.

(n) Aiding or abetting the practice of any of the healing arts by an unlicensed person.

(o) The use of the name of the person under the designation, “Doctor,” “Dr.,” “D.C.,” “Chiropractor,” “Chiropractic D.C.,” “Chiropractic Physician,” or “Ph.C.,” or any similar designation with reference to the commercial exploitation of any goods, wares or merchandise.

(p) The advertising or holding oneself out to treat diseases or other abnormal conditions of the human body by any secret formula, method, treatment or procedure.

(q) Violation of any provision of this chapter or any rule adopted thereunder.

(r) Gross incompetency or gross negligence.

(s) The suspension or revocation by another state of a license to practice chiropractic, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.

(t) Failing to give prior notice to patients of the permanent or temporary closure of the physician’s practice or failing to give reasonable access to the records and files of the physician’s patients at any time.

(u) The suspension or revocation by another licensing board in the state of a license to practice as another type of health care provider.

(2) The board may, at any time two years or more after the refusal, revocation or cancellation of registration under this section, by a majority vote, issue a license restoring to or conferring on the person all the rights and privileges of the practice of chiropractic as defined and regulated by this chapter. Any person to whom those rights have been restored shall pay to the board the annual registration fee for the license category plus one-half thereof.

(3) If the board determines that a chiropractic physician’s continuation in practice would constitute a serious danger to the public, the board may suspend the license of the chiropractic physician without a hearing. Simultaneously with the order of suspension, the board must institute proceedings for a hearing provided under this section and the suspension may continue unless injunctive relief is obtained from a court of competent jurisdiction showing just cause or undue burden under the circumstances existing.

(4) If a physician refuses a written request for an informal interview with the board, the board shall have grounds to suspend or revoke the license of a physician pursuant to this section.

(5) Prior to or following an informal interview as described in this section, the board may request any Oregon licensed chiropractic physician in good standing to assist the board in preparing for or conducting any professional competency examination as the board may deem appropriate.

(6) Notwithstanding any other provisions of ORS 684.010, 684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155, the board may at any time direct and order a professional competency examination limited to the area of practice out of which a specific complaint has arisen and make an investigation, including the taking of depositions or otherwise in order to fully inform itself with respect to the performance or conduct of a physician licensed under ORS 684.010, 684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155.

(7)(a) If the board has reasonable cause to believe that any chiropractic physician [is] or ancillary personnel are or may be unable to practice with reasonable skill and safety to patients, the board may:

(A) Cause a competency examination of [that] the physician for purposes of determining the physician’s fitness to practice chiropractic with reasonable skill and safety to patients[.]; or

(B) Require the submission of fingerprints and relevant personal history data to conduct a nationwide criminal records check.

(b) As used in this subsection, “ancillary personnel” means persons certified pursuant to ORS 684.155 (1)(c) to provide physiotherapy, electrotherapy or hydrotherapy under the direction of a chiropractic physician.

(8) Refusal by any person to take or appear for a competency examination scheduled by the board or to submit fingerprints and relevant personal history data shall constitute grounds for disciplinary action.

(9) In disciplining a person as authorized by subsection (1) of this section, the board may use any or all of the following methods:

(a) Suspend judgment.

(b) Place the person on probation.

(d) Revoke the license of the person to practice chiropractic in this state.

(e) Place limitations on the license of the person to practice chiropractic in this state.

(f) Impose a civil penalty not to exceed $10,000.

(g) Take other disciplinary action as the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings.

(10)(a) Any information that the board obtains pursuant to ORS 684.100, 684.112 and 684.155 [(8)] (9) is confidential as provided under ORS 676.175.

(b) Any person who reports or provides information to the board under ORS 684.090, 684.100, 684.112, 684.150 and 684.155 and who provides information in good faith shall not be subject to an action for civil damages as a result thereof.

SECTION 3. 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)(a) Require each applicant for a license to furnish a full set of fingerprints for a nationwide criminal records check. The board shall submit completed fingerprint cards to the Department of State Police. The Department of State Police is authorized to submit the fingerprint cards to the Federal Bureau of Investigation for a nationwide criminal records check. The board may use information obtained from the nationwide criminal records check to determine the applicant’s eligibility for licensing.

(b) The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct a nationwide criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(d) Notwithstanding the provisions of ORS 192.410 to 192.505 relating to public records, the fingerprints and any photographs, records or reports compiled under this subsection are confidential and exempt from public inspection, except:

(A) As ordered by a court;

(B) For access by the individual who is the subject of the fingerprints, photographs, records or reports; or

(C) Pursuant to ORS 676.177.

[(8)] (9) 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)] (10) 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.

Approved by the Governor June 29, 2005

Filed in the office of Secretary of State June 29, 2005

Effective date January 1, 2006

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