74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2242
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Board of Chiropractic Examiners)
CHAPTER ................
AN ACT
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 Oregon:
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.
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(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 United States Food and Drug
Administration. + }
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
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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 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 - } .
{ + (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
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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:
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(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,' '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.
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{ + (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
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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. + }
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Enrolled House Bill 2242 (HB 2242-A) Page 7
Passed by House March 5, 2007
Repassed by House May 30, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 24, 2007
...........................................................
President of Senate
Enrolled House Bill 2242 (HB 2242-A) Page 8
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2242 (HB 2242-A) Page 9