Chapter 618
AN ACT
HB 2242
Relating to State Board of Chiropractic
Examiners; creating new provisions; and amending ORS 684.010, 684.025, 684.050,
684.090, 684.092, 684.100 and 684.130.
Be It Enacted by the People of
the State of
SECTION 1. ORS 684.010 is amended to read:
684.010. As used in this
chapter:
[(1) “Board” means the State Board of Chiropractic Examiners.]
(1) “Active senior”
means a person who:
(a) Is licensed under
ORS 684.054;
(b) Is at least 60 years
of age; and
(c) Has been in practice
for 25 years or more.
(2) “Chiropractic” is
defined as:
(a) That system of
adjusting with the hands the articulations of the bony framework of the human
body, and the employment and practice of physiotherapy, electrotherapy,
hydrotherapy and minor surgery.
(b) The chiropractic
diagnosis, treatment and prevention of body dysfunction; correction,
maintenance of the structural and functional integrity of the
neuro-musculoskeletal system and the effects thereof or interferences therewith
by the utilization of all recognized and accepted chiropractic diagnostic
procedures and the employment of all rational therapeutic measures as taught in
approved chiropractic colleges.
(3) “Chiropractic
physician” means a person licensed by ORS 677.060, 684.025, 684.100, 684.155 or
688.010 to 688.201 and this section as an attending physician.
(4) “Drugs” means all
medicines and preparations and all substances, except over-the-counter
nonprescription substances, food, water and nutritional supplements taken
orally, used or intended to be used for the diagnosis, cure, treatment,
mitigation or prevention of diseases or abnormalities of humans, which are
recognized in the latest editions of the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia, official National Formulary, or any
supplement to any of them, or otherwise established as drugs.
(5) “Impaired
chiropractic physician” means a chiropractic physician unable to practice
chiropractic with reasonable skill and safety by reason of habitual or
excessive use or abuse of drugs, alcohol or other substances that impair
ability.
(6) “Minor surgery”
means the use of electrical or other methods for the surgical repair and care
incident thereto of superficial lacerations and abrasions, benign superficial
lesions, and the removal of foreign bodies located in the superficial
structures; and the use of antiseptics and local anesthetics in connection
therewith.
SECTION 2. ORS 684.025 is amended to read:
684.025. (1) [Nothing in this chapter shall be deemed to
prevent one] This chapter does not prevent a person licensed under [this chapter] ORS 684.054 from
the administration of the anesthetics or antiseptics
authorized in ORS 684.010 or the use of radiopaque substances administered by
mouth or rectum necessary for Roentgen diagnostic purposes.
(2) [Nothing in] Neither
this section [or] nor ORS
684.010 [shall be interpreted as
authorizing] authorizes the administration of any substance by the
penetration of the skin or mucous membrane of the human body for a therapeutic
purpose.
(3) [Nothing in this chapter shall be interpreted
to prohibit one] This chapter does not
prohibit a person licensed under [this
chapter] ORS 684.054 from accepting a referral from a practitioner
licensed under ORS chapter 686. The care rendered as a result of the referral
must be in writing and in accordance with ORS 686.040 (4) and only as
prescribed and diagnosed by a licensee under ORS chapter 686. The applicable
standard of care is established under ORS chapter 686.
(4)(a) This chapter
does not prevent a person licensed under ORS 684.054 from providing emergency
first aid, including administering emergency oxygen.
(b) A person may not
administer emergency oxygen unless the person has received training in the
administration of oxygen. The State Board of Chiropractic Examiners shall adopt
rules that establish training requirements.
(c) As used in this
subsection, “emergency oxygen” means oxygen delivered at a minimum flow rate
for a specified period of time as determined and regulated by the
SECTION 3. ORS 684.050 is amended to read:
684.050. (1)
Examinations for license to practice chiropractic shall be made by the State
Board of Chiropractic Examiners according to the method deemed to be the most
practicable to test the applicant’s qualifications.
[(2) Each applicant shall be designated by a number instead of by name
so that the identity of the applicant will not be disclosed to the examiners
until after the papers are graded.]
[(3)] (2) The board shall give an
examination on subjects described in subsection [(4)] (3) of this section. The board shall determine the
passing score. The applicant shall, however, be given credit for all sections
passed. The board may authorize an applicant to retake all or part of an
examination upon payment of a fee not to exceed $100.
[(4)] (3) The schedule of minimum educational requirements to
enable any person to practice chiropractic in this state includes the basic
science subjects of anatomy, physiology, chemistry, pathology and public health
and hygiene; also the clinical subjects of physical diagnosis, differential
diagnosis, laboratory diagnosis, theory and practice of chiropractic, nutrition
and dietetics, physiotherapy, electrotherapy, hydrotherapy, chiropractic
orthopedics, written and practical roentgenology, eye-ear-nose-throat,
proctology, obstetrics and gynecology, minor surgery, jurisprudence,
psychology, office procedure and other subjects that the board may, from time
to time, require, except internal medicine and major surgery. The minimum
number of academic hours in an approved chiropractic college [shall] may not be less than 4,200
or the equivalent requirement in semester or quarter credits. The board may recognize
a national chiropractic testing agency for grades received in both basic
science and clinical subjects.
SECTION 4. 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 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 $300, as] in an amount determined by rule of the State
Board of Chiropractic Examiners and approved by the Oregon Department of
Administrative Services.
(2) The maximum
annual registration fee for a person actively practicing chiropractic may not
exceed $300.
(3) The maximum annual registration fee for [one not engaged in active practice shall]
a person not actively practicing chiropractic may not exceed $175[, as determined by the board and approved by
the
(4) The maximum
annual registration fee for an active senior may not exceed 75 percent of the
annual active registration fee.
(5) The board, at least [60] 30 days prior to the renewal date, shall [cause to be mailed] mail to the
last-known professional address of each licensed chiropractor in this state a
notice of the requirements of ORS 684.092 and that the registration fee will be
due on or before the renewal date next following.
(6) The annual
registration fee [shall be] is
payable only by personal, corporate or certified check, [or] by money order or by credit card.
[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)] (7) 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 the renewal date of the year for which
the failure occurs.
[(3)] (8) 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 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) 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 5. ORS 684.092 is amended to read:
684.092. (1) Except as
provided in subsection [(2)] (3)
of this section, a chiropractic physician submitting a fee under ORS 684.090
shall, at the same time, [submit]
verify with satisfactory evidence [of]
the successful completion [of 20 or more
hours] of approved continuing chiropractic education during the preceding
12-month period as provided in subsection (2) of this section and
completion, or documentation of previous completion, of:
(a) A pain management
education program approved by the State Board of Chiropractic
Examiners and developed in conjunction with the Pain Management Commission
established under ORS 409.500; or
(b) An equivalent pain
management education program, as determined by the board.
(2) A chiropractic
physician submitting a fee under ORS 684.090 shall verify completion during the
previous 12-month period of:
(a) At least 20 hours of
approved continuing chiropractic education, for a person actively practicing
chiropractic.
(b) At least six hours
of approved continuing chiropractic education, for an active senior.
[(2)] (3) The State Board of Chiropractic Examiners may
exempt a chiropractic physician from the requirements of subsection (1) of this
section upon an application by the chiropractic physician showing by evidence
satisfactory to the board that the chiropractic physician is unable to comply
with the requirements because of unusual or extenuating circumstances or
because no program has been approved by the board.
SECTION 6. 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.
(c) The impersonation of
another practitioner of like or different 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.
(C) Gross malpractice or
repeated malpractice.
(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,” “
(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.
(v) An act or conduct
that results in a judgment of wrongdoing by a court of competent jurisdiction
in any state or a finding of wrongdoing in an administrative proceeding in any
state. The act or conduct must be rationally connected to the ability to
practice chiropractic or chiropractic assisting.
(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) If the board has
reasonable cause to believe that any:
(a) Chiropractic
physician is or may be unable to practice with reasonable skill and safety to
patients, the board may:
(A) Cause a competency
examination of the physician for purposes of determining the physician’s
fitness to practice chiropractic with reasonable skill and safety to patients;
or
(B) Require the
fingerprints and relevant personal history data of the physician for the
purpose of requesting a state or nationwide criminal records check under ORS
181.534.
(b) Person certified to
provide physiotherapy, electrotherapy or hydrotherapy pursuant to ORS 684.155
(1)(c) is or may be unable to provide the therapies
with reasonable skill and safety to patients, the board may:
(A) Cause a competency
examination of the person for purposes of determining the person’s fitness to
provide the therapies with reasonable skill and safety to patients; or
(B) Require the
fingerprints and relevant personal history data of the person for the purpose
of requesting a state or nationwide criminal records check under ORS 181.534.
(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 as required by the
board under subsection (7) of this section 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.
(c) Suspend the license
of the person to practice chiropractic in this state.
(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 (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 7. ORS 684.130 is amended to read:
684.130. (1) There is established the State Board of Chiropractic
Examiners. The board shall be composed of five chiropractors and two public
members who are residents of this state. The chiropractor members must have
practiced chiropractic in this state for [one
year] five years prior to appointment. Annually, upon the expiration
of the term of any members of the board, the Governor shall appoint one or more
qualified persons to the board to serve for a period of three years.
(2) The Governor shall
fill vacancies on the board, occasioned by death or otherwise. Upon sufficient
proof to the Governor of the inability or misconduct of a member of the board,
the member shall be dismissed and the Governor shall appoint as successor a
person qualified to fill the vacancy.
(3) All appointments of
members of the board by the Governor are subject to confirmation by the Senate
in the manner provided in ORS 171.562 and 171.565.
SECTION 8. (1) The amendments to ORS 684.050 by section
3 of this 2007 Act apply to examinations given on or after the effective date
of this 2007 Act.
(2) The amendments to
ORS 684.090 by section 4 of this 2007 Act apply to annual registration fees due
on or after the effective date of this 2007 Act.
(3) The amendments to
ORS 684.092 by section 5 of this 2007 Act apply to continuing education courses
taken on or after the effective date of this 2007 Act.
(4) The amendments to
ORS 684.100 by section 6 of this 2007 Act apply to acts or conduct occurring on
or after the effective date of this 2007 Act.
(5) The amendments to
ORS 684.130 by section 7 of this 2007 Act apply to appointments made on or
after the effective date of this 2007 Act.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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