Oklahoma Admin. Code Title 140 | Oklahoma Administrative Code, Title 140 — Board of Chiropractic Examiners

Chapter 1 Administrative Organization and Operations

Subchapter 1 General Provisions

Okla. Admin. Code § 140:1-1-1 Purpose

The purpose of this Chapter is to:

(1) provide a description of organization of the Board, the general course of conduct and method of the operations of the Board, and the methods whereby the public may obtain information or make submissions or requests;

(2) set forth the nature and requirements of certain formal and informal procedures available;

(3) prescribe the form for petitions by interested persons who request the promulgation, amendments or repeal of a rule by the Board, and the procedure for their submission, consideration and disposition; and

(4) provide for the filing and prompt disposition of petitions for declaratory ruling by the Board as to the applicability of any rule or order of the Board; as required by the Administrative Procedures Act

History

Amended at 11 Ok Reg 4547, eff 8-25-94; Amended at 25 Ok Reg 1849, eff 6-26-08

Okla. Admin. Code § 140:1-1-2 Definitions

The following words and terms when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Accredited Chiropractic College" means a chiropractic educational institution, which is accredited by the Commission on Accreditation of the Council on Chiropractic Education or its successor.

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"APA" means the Oklahoma Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq.

"Advisory Committee" means the committee appointed by the Board to advise and assist the Board in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic physicians, and for such other matters as the Board delegate to them.

"Applicant" means any person submitting an application for licensure to the Board.

"Board" means the Board of Chiropractic Examiners.

"Certified chiropractic assistant" means an unlicensed member of a chiropractic physician's team of healthcare workers who may assist a chiropractic physician in the performance of examination and therapeutic procedures and techniques necessary to deliver healthcare services within the scope of chiropractic and has been certified by the Board.

"Chiropractic" means the science and art that teaches health in anatomic relation and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto in humans.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Continuing education requirements" means attendance by a licensee at a minimum of (16) sixteen hours of Chiropractic education seminars as required for a renewal license.

"Emergency meeting" means a meeting of the board, which is called pursuant to the Open Meeting Act based upon exigent circumstances, which require expedited attention, by the board to the matters concerned.

"Examination" means the process used by the Board, prior to the issuance of an original license, to test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules, or any of those subjects listed in Section 161.8 of the Act.

"Executive Director" means the Executive Director of the Board.

"Final order" means on order made by the Board pursuant to the APA and which is subject to judicial review.

"Individual proceeding" means the formal process employed by the Board to provide a hearing for a licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act and in which the Board may take action against such person's original license to practice chiropractic in this state.

"Licensure" means the Board's process with respect to the grant, denial, renewal, revocation, or suspension of an original or renewal license.

"Nonclinical" means of a business nature including, but not limited to, practice management, insurance information, and computer information. It shall also mean the discussion of philosophy as it relates to the performance of chiropractic;

"OAC" means the Oklahoma Administrative Code.

"Order" means a formal or official decision of the Board including, but not limited to, final orders.

"Original license" means a license which grants initial authorization to practice chiropractic in this state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the Act,

(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-3-4; or

(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.

"Party" means a person or agency named and participating or properly seeking and entitled by law to participate in an individual proceeding.

"Person" means any individual, association, governmental subdivision, or public or private organization of any character other than an agency.

"Regular meetings" means regular meetings of the Board held at such times and places as scheduled by the Board and includes continued and reconvened meetings as may be allowed pursuant to the Open Meetings Act. Provided, however, that continued and reconvened meetings shall be as limited by the Open Meeting Act.

"Relocation of Practice" means the ability for an applicant to obtain a chiropractic license on the following conditions:

(A) The applicant is of good moral character;

(B) The applicant shall submit documentary evidence that they have been in active practice for three (3) years immediately preceding the date of application;

(D) The licensee requesting relocation of practice shall comply with the jurisprudence assessment examination administered by the Board of Chiropractic Examiners of this state.

(E) The applicant may be requested to appear before the Board for a personal interview, and:

(F) The applicant shall meet all other requirements set forth in the Oklahoma Chiropractic Practice Act.

"Renewal license" means a license issued by the Board on or before the first day of January of each year to a licensee, which authorizes the licensee to practice chiropractic in this state for the succeeding calendar year.

"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.

"Rule" or "rules" means the rules of the Board promulgated pursuant to the APA or its successor statutes.

"Rule-making" means the process employed by the Board for the promulgation of a rule.

"Scope of practice" means chiropractic is the science and art that teaches health in anatomic relation and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto in humans. Pursuant to 59 O.S. § 161.2, the Board hereby approves those diagnostic and treatment services and procedures related to the science and art of chiropractic as defined herein and as described in the Oklahoma Chiropractic Practice Act and, which have been taught by an accredited chiropractic college. Such diagnostic and treatment services and procedures shall include the following: Chiropractic physicians may examine, analyze and diagnose the human body to correct, relieve or prevent diseases and abnormalities by the use of any physical, chemical, electrical, or thermal method; use or order diagnostic radiological imaging; use or order laboratory testing; and use any other method of examination for diagnosis and analysis taught by an accredited chiropractic college. In addition, Chiropractic physicians may adjust, manipulate and treat the human body by manual, mechanical, chemical, electrical, or natural methods; by the use of physiotherapy; meridian therapy; by utilizing hygienic, sanitary and therapeutic measures; by the administration of naturopathic and homeopathic remedies, by the application of first aid or by performing any other treatment taught by an accredited chiropractic college. Nothing in this rule shall permit a Chiropractic Physician to prescribe legend drugs, beyond injectable nutrients as authorized by, as is currently the law in Title 59 Section 161.12 of the Oklahoma Statutes.

"Secretary-Treasurer" means the Secretary-Treasurer of the Board.

"Special meeting" means all meetings of the Board other than regular or emergency meetings.

"Suspension" means temporary discontinuance or cessation, with an expectation of reinstatement, of an original license or renewal license, or both, by the Board after notice and an opportunity for a hearing as required in an individual proceeding.

History

Amended at 11 Ok Reg 4547, eff 8-25-94; Amended at 20 Ok Reg 1061, eff 4-4-03 (emergency); Amended at 20 Ok Reg 2289, eff 7-11-03; Amended at 20 Ok Reg 1061, eff 4-4-03 through 7-14-04 (emergency)1; Amended at 22 Ok Reg 1037, eff 5-26-05; Amended at 23 Ok Reg 2940, eff 7-13-06; Amended at 25 Ok Reg 1849, eff 6-26-08; Amended at 30 Ok Reg 2123, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:1-1-3 Gender

As used in this Title, the masculine gender shall be deemed to include the feminine gender.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-1-4 Statutory citations

Citations to statutes in this Chapter refer to the most recent codification of the statute.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-1-5 State associations

All state chiropractic associations shall annually submit to the Board the names of their current officers within sixty (60) days of election of the officers by the association, and shall designate which officers shall represent the association at all Board meetings. Only those officers designated by the association as its representatives and those employees of the association holding written authorization signed by the association chairman will be allowed to represent the official views, opinions, and desires of the association at the Board meetings. The association may designate up to three (3) officers as representatives.

History

Added at 22 Ok Reg 1037, eff 5-26-05

Subchapter 3 Board Purpose and Organization

Okla. Admin. Code § 140:1-3-1 Purpose of Board

The purpose of the Board shall be to regulate the practice of chiropractic in this state, as provided in the Act and to implement, administer and enforce the provisions of the Act.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-2 Meetings of the Board

(a) All meetings of the Board shall be conducted in compliance with the Oklahoma Open Meetings Act, 25 O.S.1991, §§300, et seq. The Board shall cause advance public notice of the date, time and place of each meeting to be convened as well as provide an agenda of all matters to be considered.

(b) The Board shall hold regular meetings as least once each quarter at a time and place determined by the Board and for which notice has been properly given to the Secretary of State pursuant to the Oklahoma Open Meetings Act.

(c) The Board may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient, necessary or proper.

(d) All actions of the Board shall be kept in the form of written minutes, which shall be an official summary of the actions and which shall show clearly those members present and absent, all matters considered by the Board, and all action taken by the Board. In the written minutes of an emergency meeting, the nature of the emergency and all actions which occurred at such meeting, including the reason or reasons for declaring such emergency meeting, shall be included.

(e) The minutes of each meeting, except for minutes of any proper executive or closed session, shall be open to public inspection and shall reflect the manner and time public notice of the meeting was provided as required by the Oklahoma Open Meeting Act.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-3 Election of board officers

The Board shall organize annually at the first meeting of the Board during the fiscal year by electing from among its members a President, Vice-President, and a Secretary-Treasurer.

History

Amended at 11 Ok Reg 4547, eff 8-25-94; Amended at 15 Ok Reg 2985, eff 7-13-98

Okla. Admin. Code § 140:1-3-4 Bonds

All members of the Board, where required by law, and such employees as determined by the Board, shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-5 Objective of Board

It shall be the objective of the Board to foster higher professional standards within the practice of chiropractic in this state, consistent with the best interests of the health, welfare, and safety of the public.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-6 Requests for information

(a) The Board shall act at all time in accordance with the provisions of the Oklahoma Open Records Act, 51 O.S. 1991, Subsection 24A.1 et seq., as amended.

(b) The public may obtain information relative to the Board by submitting written, telephonic, facsimile or other form of request to the Executive Director or his/her designee. All public records shall be available for inspection and copying during normal business hours to receive and, where appropriate, act upon requests for record review and copying.

(c) All records of the Board shall be public unless protected by a mandatory or permissive privilege of confidentiality. The Executive Director of the Board shall determine whether or not disclosure is made.

(d) In the event any request for a record which contains individual records of persons is solely for commercial purposes or clearly would cause excessive disruption to the public body's essential function, there shall be an additional charge computed and assessed based on the cost of personnel necessary to accomplish the copying and basis for a document search.

History

Amended at 11 Ok Reg 4547, eff 8-25-94; Amended at 15 Ok Reg 2985, eff 7-13-98; Amended at 23 Ok Reg 2940, eff 7-13-06

Okla. Admin. Code § 140:1-3-7 Duties of the President

The duties of the President of the Board shall be to:

(1) preside at meetings of the Board;

(2) supervise the preparation of the agenda of each Board meeting;

(3) sign Board orders and other required documents;

(4) coordinate Board activities; and

(5) perform such other duties as are prescribed in the Act or by the Board.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-8 Duties of the Vice-President

The duties of the Vice-President of the Board shall be to:

(1) perform the duties of the President during the President's absence; and

(2) perform such other duties as are prescribed in the Act or by the Board.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-3-9 Duties of the Secretary-Treasurer

The duties of the Secretary-Treasurer of the Board shall be to:

(1) supervise office personnel employed by the Board;

(2) oversee the administrative functions of the Board's administrative office;and

(3) submit a full itemized report at the first regular meeting of the Board after the end of each fiscal year of receipts and disbursements for the prior fiscal year, showing the amount of funds available.

History

Added at 11 Ok Reg 4547, eff 8-25-94; Amended at 22 Ok Reg 1037, eff 5-26-05

Okla. Admin. Code § 140:1-3-10 Forms and instructions

(a) The Board shall cause to be created appropriate forms and instructions related to chiropractic licensure, renewal, continuing education requirements, and such other matters as deemed necessary by the Board.

(b) Forms and instructions of the Board shall be maintained at the offices of the Board and shall be available to any person upon request.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Subchapter 5 Procedures

Okla. Admin. Code § 140:1-5-1 Scope and application

This Subchapter describes procedures of the Board on rulemaking, including the procedure for submission, consideration and disposition of petitions requesting the promulgation, amendment or repeal of a rule, as required by Article I of the APA.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-2 Rule-making procedures

The Board shall follow the procedures set forth in Article I of the APA for the adoption, amendment, or repeal of any rule.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-3 Filing of rules

Copies of all rules adopted by the Board shall be filed by the Secretary-Treasurer with the appropriate executive and legislative officers of this state pursuant to Article I of the APA.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-4 Effective date

The effective date of all rules finally adopted by the Board shall be governed by Article I of the APA.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-5 Petitions for rule-making

(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.

(b) The Board shall maintain a permanent docket concerning petitions for the promulgation, amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the number of the petition, the date of filing, the designation of the action sought, and the name and address of the person who filed the petition shall be shown. The address shall include the city, state, street number or post office box and zip code.

(c) The petition must be filed with the Board in duplicate and shall be typewritten, except as may be waived by the Board upon written request.

(d) The petition shall contain the following information as applicable and except as may be waived by the Board:

(1) A statement of the legal authority and jurisdiction under which the petition is filed;

(2) The exact language of the proposed rule, amendment, or repeal requested;

(3) A statement and legal references which show that the requested rule, amendment or repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or any policy or provision of the Act or APA, or that any earlier rule, ruling, order or opinion should be set aside or modified;

(4) A statement of the purpose of the requested rule, amendment or repeal and at least one example or fact situation to which the rule, amendment or repeal will apply; and

(5) The name and address of the person who requested the rule, amendment or repeal. In the event the request is made by an association, the request shall also include the name and address of a contact person at said association who is able to provide meaningful information related to the request.

(e) The petition shall be submitted for study for a maximum period of ninety (90) days.

(f) The Board, on its own motion or upon the request of any other interested party, may require any petitioner to provide additional information, as may be specified by the Board, for use in the Board's consideration and disposition of a petition. The failure of a petitioner to provide additional requested information shall constitute grounds for the Board to take no action on a petition.

(g) Upon completion of the study period, the Board, during a regular or special meeting shall meet to consider the merits and proper disposition of the petition. Not less than ten (10) days prior to such meeting, the Secretary-Treasurer shall notify the petitioner in writing of the date, time, and place such petition shall be considered, and the Board may request petitioner's presence for purposes of argument or submission of other information related to the petition.

(h) At the time and place designated for the public hearing, proponents and opponents of the proposed rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at that time.

(i) At the conclusion of the public hearing, the Board shall render its decision on the petition. In the event the Board concurs with the action indicated in the petition, it shall take immediate steps as provided under 140:1-5-2 through 140:1-5-4 to adopt, amend, or revoke the subject rule. In the event the Board does not concur with the requested action, it shall within five (5) days of its consideration notify the petitioner of its nonconcurrence in writing, specifying the reasons for nonconcurrence.

(j) Dissatisfied parties may request a rehearing, reopening or reconsideration within ten (10) days from the date action by the Board in the manner allowed by the APA at 75 O.S.1991, §317, or its successor statute.

History

Amended at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-6 Board members not to communicate [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-7 Procedures for complaints against licensees [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-8 Disciplinary action [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-9 Discovery [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-10 Disqualifications of Board member in individual proceedings [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-11 Rehearing, reopening, or reconsideration of Board decision [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-12 Final orders; judicial review [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-13 Petitions for declaratory rulings [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-14 Conduct of hearings [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-15 Evidentiary considerations in individual proceedings [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-16 Proposed orders [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-17 Final order contents [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-5-18 Forms [REVOKED]

History

Revoked at 11 Ok Reg 4547, eff 8-25-94

Subchapter 7 Declaratory Rulings

Okla. Admin. Code § 140:1-7-1 Scope and application

This Subchapter describes the procedures of the Board related to the filing and disposition of petitions for declaratory rulings, as required by Article I of the APA.

History

Added at 11 Ok Reg 4547, eff 8-25-94

Okla. Admin. Code § 140:1-7-2 Petitions for declaratory rulings

(a) Any person who desired a ruling as to the application of any rule or order of the Board may file a petition with the Executive Secretary, in writing, to request such ruling.

(b) All such petitions shall be in writing and filed with the Executive Director. Petitions to the Board for declaratory rulings shall be in the following form and contain the following information:

(1) Petitions shall be submitted in legible typewritten form, with the original copy submitted, and shall be submitted in person or by mail to the Executive Director

(2) Petitions must clearly identify the submitting party or parties by name, address, official title (if any), and complete business address and must include a clear statement reflecting the interest of the submitter(s) in such petition and the real party(ies) of interest if the submission is by an agent or attorney.

(3) Every petition must clearly state that such is for issuance of a declaratory ruling as to the applicability of a specifically identified rule or order. A petition may pertain to only one subject area and individual petitions are required for separate subjects. Separate petitions may be required for individual sections of rules.

(4) If the petition requests a declaratory ruling of the Board as to a rule, the complete verbatim text of the existing rule shall be restated therein or attached as an appendix to the petition. If the petition pertains to a request for a declaratory ruling of a previous order of the Board, a copy of the previous order shall be clearly referred to or attached as Appendix to the Petition and the petition shall clearly identify the pertinent portions of such order which is the subject of the request.

(5) All petitions must be signed and endorsed by the petitioning party(ies) or their legal representative(s) and notarized.

(c) Petitions which are not in proper form or which lack the necessary reasonable basis for consideration by the Board will be returned to the submitter(s) or may be summarily denied

(d) Unless the Board request a formal or informal opinion of the Attorney General, the Board shall, within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its declaratory ruling on the matter. The declaratory ruling shall consist of:

(1) a restatement of the question posed in the petition;

(2) an answer to the question posed in the petition;

(3) the reason or reasons for the answer given.

(e) A copy of the each declaratory ruling shall be mailed to the person who requested the declaratory ruling immediately after its issuance by the Board.

(f) Copies of all declaratory rulings shall be placed in the permanent file at the offices of the Board for public inspection, copying and/or mechanical reproduction during regular business hours.

History

Added at 11 Ok Reg 4547, eff 8-25-94; Amended at 28 Ok Reg 1112, eff 6-25-11

Chapter 3 Disciplinary Procedures

Subchapter 1 General Provisions

Okla. Admin. Code § 140:3-1-1 Purpose

The purpose of this Chapter is to describe the procedures for the filing, investigation and disposition of complaints against chiropractic physicians pursuant to the Act.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"Board" means the Board of Chiropractic Examiners.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Code of Ethics" means the Oklahoma Chiropractic Code of Ethics, OAC 140:15-7-5.

"Complaints" means a written statement by the person alleging that a chiropractic physician has committed a violation of the Act or the rules of the Board.

"Examination" means the process used by the Board prior to the issuance of an original license to test the qualifications and knowledge of an applicant on any or all the following: current statutes, rules or any of those subjects listed in Section 161.8 of the Act.

"Final order" means an order made by the Board pursuant to the APA and which is subject to judicial review.

"Letter of Concern" means a letter issued by the Board to a chiropractic physician to advise a said chiropractic physician of a probable violation of the Act or the rules of the Board.

"Order" means a formal or official decision of the Board including, but not limited to, final orders.

(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-3-4; or

(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.

"Party" means a person or agency named and participating or properly seeking and entitled by law to participate in an individual proceeding.

"Penalty" means one or more of the penalties specified in subsection A of §161.12 of the Act.

"Person" means any individual, association, governmental subdivision, or public or private organization of any character other than an agency.

"Relocation of Practice" means the ability of an applicant to obtain Oklahoma Licensure on the following conditions:

(A) The requirements for licensure in the state, country, territory or province in which the applicant is licensed are deemed by the Board to be equivalent to the requirements for obtaining an original license by examination in this state at the date of such license;

(B) The applicant has no disciplinary matters pending against him or her in any state, country, territory or province;

(C) The license being relocated was obtained by examination in the state, country, territory or province wherein it was issued, or was obtained by examination of the National Board of Chiropractic Examiners;

(D) The applicant passes any examination given by the Board; and

(E) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.

"Renewal license" means a license issued by the Board on or before the first day of July of each year to a licensee which authorizes the licensee to practice chiropractic in this state for the succeeding calendar year.

"Summary suspension" means the temporary suspension of a license to practice chiropractic medicine by the Board without notice or an opportunity for a hearing.

"Violation" means a violation of the Act or rules of the Board for which the Board is empowered to take disciplinary action against a licensee.

History

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 22 Ok Reg 1039, eff 5-26-05; Amended at 25 Ok Reg 1851, eff 6-26-08
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:3-1-3 Gender

As used in this Title, the masculine gender shall be deemed to include the feminine gender.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-1-4 Statutory citations

Citations to statutes in this Chapter refer to the most recent codification of the statute.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Subchapter 3 Filing and Disposition of Complaints

Okla. Admin. Code § 140:3-3-1 Purpose

This Subchapter describes the procedures of the Board related to the filing, investigation and disposition of complaints against chiropractic physicians.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-3-2 Procedures for complaints against chiropractic physicians

(a) Any person may submit to the Board a complaint against a chiropractic physician. In the event a complaint is made against a member of the Board or the Advisory Committee that member of the Board or Advisory Committee shall recuse himself from further action, investigation or other matter related to said complaint.

(b) The Board shall make available a form which may be used for the filing of complaints.

(c) After a complaint is received by the Board, the Executive Director and the Chair of the Advisory Committee, or a member of the Advisory Committee appointed by the Chair to serve as the Chair's designee, shall meet and determine whether the complaint merits further investigation. If a determination is made that the complaint merits further investigation, the Executive Director, in consultation with the Chair of the Advisory Committee or the Chair's designee, shall assign the complaint to an investigator. The focus and scope of the investigation shall pertain only to the subject of the complaint.

(d) No member of the Board shall review any complaint or discuss any complaint with any member of the Advisory Committee or any other person, including the complainant and the chiropractic physician named in the complaint, except that the Board may review the written report of the Advisory Committee as provided in (h), (i) and (j) of this section.

(e) No member of the Advisory Committee or the investigator may, in any way, discuss any complaint or the details therein with any person without order from the Board or a Court of competent jurisdiction. Discussion or disclosure of any complaint or information therein by an Advisory Committee member may result in that Advisory Committee member's removal from the investigation committee and other such sanctions as the Board deems appropriate.

(f) The amount of time for investigation of a complaint received by the Advisory Committee shall not exceed thirty-six (36) months.

(g) The investigator shall provide the chiropractic physician named in the complaint with a notice of the complaint and shall require said chiropractic physician to provide a written response to the complaint within thirty (30) calendar days of mailing of a copy of the notice to said chiropractic physician. The failure of a chiropractic physician to respond to such a request of the Advisory Committee or investigator shall be grounds for disciplinary action by the Board. In addition, the chiropractic physician named in the complaint shall not contact, attempt to contact or allow anyone else to contact the person(s) who filed the complaint or the person(s) who the chiropractic physician named in the complaint believes may have filed the complaint.

(h) It shall be the duty of the investigator to investigate the complaint fully and in a manner consistent with due process requirements and the APA and to present the findings of the investigation to the Advisory Committee for review. At the conclusion of the investigation, the Advisory Committee, in consultation with the Board's prosecuting attorney, shall:

(1) refer the matter to the Executive Director may to issue a field citation pursuant to 140:3-3-9 and thereafter submit a written report to the Board detailing the facts concerning the citation, or

(2) submit a written report to the Board detailing the findings and determinations of the Advisory Committee and making a recommendation as to further action by the Board.

(i) The written report of the Advisory Committee shall be drafted so as to keep anonymous the name of the Complainant and the chiropractic physician named in the complaint. The report shall include a brief recitation of the facts of the complaint and a statement whether the Advisory Committee found competent evidence to support the allegations contained in the complaint.

(j) The Board shall review the report of the Advisory Committee at a meeting of the Board, provided, however that the Board's review of the report shall not be conducted as a hearing and the Board shall not hear testimony or receive evidence. Upon review of the report, the Board may:

(1) dismiss the complaint if the Board finds there is not reasonable cause to believe that there was a violation of the Chiropractic Practice Act or Title 140 of the Oklahoma Administrative Code;

(2) issue a letter of concern, pursuant to 140:3-3-3, to the chiropractic physician named in the complaint if the Board finds that there is reasonable cause to believe that said chiropractic physician has committed a violation, but such violation, if proven, is not of such a nature as to warrant the imposition of a penalty by the Board; or

(3) initiate an individual proceeding, pursuant to 140:3-3-4, against the chiropractic physician named in the complaint if the Board finds that there is reasonable cause to believe that said chiropractic physician has committed a violation and that such violation, if proven, is of such a nature as to warrant the imposition of a penalty by the Board.

(k) In the event the Board votes to issue a letter of concern in regard to a complaint, it shall thereupon be the duty of the Advisory Committee or investigator to provide the board sufficient details as to the nature of the complaint so as to assist the Board to render a meaningful letter of concern.

History

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 15 Ok Reg 2985, eff 7-13-98; Amended at 19 Ok Reg 2631, eff 7-11-02; Amended at 22 Ok Reg 1039, eff 5-26-05; Amended at 25 Ok Reg 1851, eff 6-26-08; Amended at 26 Ok Reg 2440, eff 7-11-09; Amended at 30 Ok Reg 2125, eff 8-25-13
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 140:3-3-3 Letter of concern issued by the Board

(a) A letter of concern issued by the Board shall:

(1) Contain a clear and concise description of the violation alleged to have been committed by the chiropractic physician named therein;

(2) Contain a statement that the Board has found that there is reasonable cause to believe that the chiropractic physician named in the complaint has committed a violation;

(3) Contain an explanation of the factors considered by the Board and the Advisory Committee or investigator in the Board's decision to issue the letter of concern;

(4) Be signed by the President of the Board; and

(5) Be mailed certified mail, return receipt, to the chiropractic physician named in the complaint and to the complainant.

(b) A copy of each letter of concern issued by the Board shall be placed in the complaint file. Letters of concern shall be considered confidential records but may be used as evidence in hearings conducted pursuant to the Act and Rules provided the letter is not made public during the course of the hearing and is sealed at the conclusion of the hearing.

History

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 19 Ok Reg 2631, eff 7-11-02; Amended at 23 Ok Reg 2942, eff 7-13-06; Amended at 25 Ok Reg 1851, eff 6-26-08

Okla. Admin. Code § 140:3-3-4 Individual proceedings

(a) All individual proceedings/hearings shall be open to the public and shall be conducted in accordance with the Administrative Procedures Act of the Oklahoma Statutes.

(b) The President of the Board shall set a time and place for the hearing provided that

(c) Notice of the hearing shall be given in writing by personal delivery to the person to be notified; or by mailing, certified mail, returned receipt requested, to the last known address furnished to the board; or notice may be given as is provided for process in the civil proceeding in the State of Oklahoma and pursuant to the Administrative Procedures Act, Title 75 O.S. Section 301 as amended.

(d) The notice shall include a concise statement of the allegations and particular sections of the Oklahoma State Board of Chiropractic Examiners Rules and the Oklahoma Chiropractic Practice Act which are involved.

(e) Each complainant and respondent called to a hearing before the Board shall be allowed to present testimony, produce witnesses, cross examine witnesses, and present documentary evidence. The Board, or its designee, shall appear in person and shall present the position of the Board in the Action.

(f) Notice may be taken of judicially cognizible facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of one or more members of the Board.

(g) Hearing will be conducted by one of the following methods as determined by the Board;

(1) By the Board;

(2) By any member of the Board or a designee of the Board acting as a hearing examiner or administrative law judge, or

(3) By an attorney licensed to practice law in this state appointed by the Board to act as a hearing examiner or administrative law judge.

(h) Any hearing before the Board or its designee shall be recorded. That portion of the hearing constituting deliberations in executive session need not be recorded. A written transcript or a copy of the tape recording shall be made available to any person alleged to have committed a violation of the Act or Rules upon written request and payment of appropriate reimbursement costs for reproduction.

(i) The Board or its designee shall rule upon the questions of admissibility of evidence, competency of witnesses, and any other questions of law upon which they have jurisdiction as provided in the State Board of Chiropractic Examiners Rules, the Oklahoma Chiropractic Act, the Oklahoma Administrative Procedures Act or other applicable law.

(j) All orders, whether proposed or final, shall be issued within sixty (60) calendar days of the hearing. Final orders shall state their effective date.

(k) The board shall consider past disciplinary action taken against any accused found guilty in any present proceeding. Such past conduct shall not be evidence of guilty in the present proceeding but will be considered only in determining appropriate sanctions to be imposed by the Board in the present proceeding.

(l) Unless precluded by law, the accused physician may waive any right granted in the law and proceed by stipulation, agreed settlement, consent order, or default. No provision in this section shall be construed as prohibiting the Board from suspending, or holding in abeyance, any formal proceeding pending the outcome of informal negotiation or informally agreed upon terms.

(m) The investigative files of the Advisory Committee and the Board shall be confidential as set forth in Title 51 O.S. Section 24A.12.

(n) Any individual who has filed a complaint shall be notified of the disposition of the matter.

(o) From time to time, the Board may employ lawyers licensed to practice law in Oklahoma to serve as special prosecutors in individual proceedings before the Board.

(1) Any individual serving as special prosecutor shall not serve as legal counsel to the Board in the same individual proceeding.

(2) The special prosecutor may perform such other duties as are assigned by the Board.

History

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 15 Ok Reg 2985, eff 7-13-98

Okla. Admin. Code § 140:3-3-5 Determination of penalties

Whenever the Board finds a chiropractic physician guilty of a violation in an individual proceeding, the Board may consider the following factors in its determination of a penalty to be imposed against said chiropractic physician:

(1) Consequences to the public. If potential or actual damage to the health, safety or welfare of the general public is more likely than not to occur as a result of acts or omissions by the licensee, the Board may impose a more severe punishment than if such damage is less likely to occur.

(2) Consequences to the patient. If potential or actual damage to the health, safety, or welfare of the patient on whose behalf the complaint is brought is more likely than not to occur as a result of acts or omissions by the licensee, the Board may impose a more severe punishment than if such damage is less likely to occur.

(3) Intent. If it is evident from the facts presented that the violation committed by the licensee was intentional, the Board may impose a more severe punishment than if it is not so evident; provided that such violation may be deemed by the Board to be intentional on the part of the licensee if the violation:

(A) occurred as the result of negligence on the part of the licensee; or

(B) was part of a pattern of extreme or ongoing carelessness as to be without regard for the health, safety or welfare of the general public or a patient; or

(4) Negligence. If the violation committed by the licensee resulted from negligence on the part of licensee, but was not so gross, or was not the result of such carelessness, as to meet the test of (3) of this subsection, the Board may impose a less severe punishment than would be the case if the negligence met such a test.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-3-6 Summary suspension of a license

If the Board, upon review of the report of the Advisory Committee, finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of an original license or renewal, or both, may be ordered by the Board pending initiation of an individual proceeding. In such an event, the individual proceeding against the affected licensee shall be initiated within thirty (30) days after the date of the issuance of the summary suspension order.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-3-7 Publication of penalties imposed against licensees

From time to time, but at least annually, the Board shall cause to be published a report of all penalties imposed against licensees. Such a report may be in summary form but shall contain sufficient detail to inform a reader, not otherwise familiar with a complaint, of the violation committed by a licensee and the penalty imposed against said licensee by order of the Board. Copies of such reports shall be maintained at the office of the Board and shall be available for public inspection, copying and/or mechanical reproduction during regular business hours.

History

Added at 11 Ok Reg 4559, eff 8-25-94

Okla. Admin. Code § 140:3-3-8 Board and Advisory Committee member and/or investigator not to communicate

(a) The Board recognizes and asserts the necessity for all hearings and dispositive action by the Board to be conducted fairly and impartially.

(b) The member of the Board shall not, unless required for the proper disposition of ex-parte matters authorized by law, communicate directly or indirectly in connection with any person, or party or his representative of a party, except upon notice and opportunity for all parties to participate. Members of the Board may continue to communicate with other members of the Board only during meetings or otherwise in compliance with the Oklahoma Open Meetings Act and may have the aid and advice of the Board's counsel.

(c) Board members shall not communicate with any non-party or the Advisory Committee in regard to any active case, hearing, or other matter before the Board except the Board may receive the report of the Advisory Committee during a meeting of the Board following the investigation by the Advisory Committee.

History

Added at 11 Ok Reg 4559, eff 8-25-94; Amended at 19 Ok Reg 2631, eff 7-11-02

Okla. Admin. Code § 140:3-3-9 Field Citations

(a) At the conclusion of an investigation of a complaint filed with the Board, the Advisory Committee, in consultation with the Board's prosecuting attorney, may recommend that the Executive Director issue a field citation to the chiropractic physician named in the complaint if or the Advisory Committee reasonable cause to believe that the chiropractic physician violated the provisions of the Chiropractic Practice Act (the "Act") or Title 140 of the Oklahoma Administrative Code (the "OAC"). The Advisory Committee will thereafter submit a written report to the Board detailing the facts concerning the citation. Prior to making there commendation to the Executive Director, the Advisory Committee may contact the chiropractic physician to discuss and resolve the alleged violation.

(b) Field citations shall be in writing and shall describe the nature of the violation including, but not limited to, a reference to the provision of the Act and/or the OAC alleged to have been violated.

(c) Field citations may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of an administrative penalty not to exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense. Each day such violation continues shall constitute a separate offense. Payment of an administrative penalty shall be represented as satisfactory resolution of the matter for the purpose of public disclosure.

(d) Field citations shall be served upon the chiropractic physician personally or by certified mail, return receipt requested.

(e) Any chiropractic physician who has received a field citation and desires to contest that field citation and/or the proposed assessment of an administrative penalty shall, within thirty (30) calendar days after service of the field citation, notify the Executive Director in writing, requesting an informal conference with the Advisory Committee. If the chiropractic physician fails to request an informal conference within thirty (30) calendar days after service of the field citation, the field citation and/or the proposed assessment of the administrative penalty shall be deemed to be final and not subject to further review.

(f) If an informal conference is requested, the Advisory Committee shall hold the informal conference within sixty (60) calendar days from the receipt of the written request. At the conclusion of the informal conference, the Executive Director, upon recommendation form the Advisory Committee, may affirm, modify or dismiss the field citation and/or proposed assessment of an administrative penalty. The Executive Director shall state in writing the reasons for the action, and shall, within thirty (30) calendar days of the informal conference, transmit a copy of the decision to the chiropractic physician and the person who submitted the complaint.

(g) Any chiropractic physician who desires to contest a decision made after the informal conference shall inform the Executive Director in writing within thirty (30) calendar days after such chiropractic physician receives the decision resulting from the informal conference. The Board shall thereafter hold a hearing in accordance with the APA, the Act and the OAC. After the hearing, the Board shall issue an Order affirming, modifying or vacating the citation, or directing other appropriate relief as the Board deems necessary.

(h) Any chiropractic physician who has received a field citation and desires not to contest that field citation or the proposed assessment of an administrative penalty may transmit to the Board the amount assessed in the citation as an administrative penalty, within thirty (30) calendar days after service of the field citation. Payment of any penalty shall not constitute an admission of the violation charged.

(i) Failure of a chiropractic physician to pay a penalty within thirty (30) calendar days of the date of assessment, unless the field citation is being appealed, may result in action being taken by the Board. When a citation is not contested and a fine is not paid, the full amount of the assessed penalty shall be added to the fee for the renewal of the license. A license shall not be renewed without payment of the renewal fee and penalty.

History

Added at 30 Ok Reg 2126, eff 8-25-13
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 140:3-3-10 Complaint confidentiality

(a) In order to encourage the public and affected individuals to come forward with complaints regarding licensees and fully share the particulars, the Board will hold all complainant and informant names, addresses or other personal information as confidential and shall not release this information.

(b) The Board shall use all complainant and informant information provided in conducting its investigations and may use the information in cases filed against licensees.

(c) Information obtained during an investigation but not introduced in administrative proceedings shall not be subject to subpoena or discovery in any civil or criminal proceeding except that the Board may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the information.

(d) The respondent may acquire information obtained during an investigation, unless the disclosure of such information is otherwise prohibited, except for the investigation report, if the respondent signs a protective order whereby the respondent agrees to use the information solely for the purposes of defense in the Board proceeding and in any appeal there from and agrees not to otherwise disclose the information.

History

Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Chapter 10 Licensure of Chiropractic Physicians

Subchapter 1 General Provisions

Okla. Admin. Code § 140:10-1-1 Purpose

The purpose of this Chapter is to describe:

(1) the requirements and procedure for obtaining an original license, by examination or reciprocity, to practice chiropractic medicine in this state; and

(2) the requirements and procedures for obtaining a renewal license.

(B) The applicant has no disciplinary matters pending against him or her in any state, country, territory or province.

(C) The license held prior to relocation of practice was obtained by examination in the state, country, territory or province wherein it was issued, or was obtained by examination of the National Board of Chiropractic Examiners;

(D) The applicant passes any examination offered by the Board according to 140:10-3-1; and

(E) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 24 Ok Reg 2701, eff 7-26-07

Okla. Admin. Code § 140:10-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise. In addition, the use of the masculine gender shall be deemed inclusive in this chapter to include the feminine gender.

"Accredited chiropractic college" means a chiropractic educational institution which is accredited by the Commission on Accreditation of the Council on Chiropractic Education, a national, independent accreditation body recognized and approved by the U.S. Department of Education.

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"Board" means the Board of Chiropractic Examiners.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Continuing education requirements" means attendance by a licensee at a minimum of sixteen (16) hours of Chiropractic education seminars as required for a renewal license.

(A) Twelve (12) hours of the sixteen required by law must be clinical in nature, and the other remaining four (4) may consist of practice management, philosophy, and or other non-clinical topics.

(B) Eight (8) hours of continuing education may be acquired out of state with first having obtained a pre-approval from the Board of Chiropractic Examiners. Eight (8) hours of continuing education can be obtained by attending a national chiropractic association meeting and/or the Federation of Chiropractic Licensing Boards Annual or Federation of Chiropractic Licensing Boards' District meetings attended by any licensee.

(C) Eight (8) hours of mandatory in state continuing education shall be acquired by attending continuing education offered by an association and/or an accredited chiropractic college as defined in Title 59 O.S. 161.3 whose seminar has been approved by the Board of Chiropractic Examiners.

"Examination" means the process used by the Board, prior to the issuance of any original license, to test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules, or any of those subjects listed in Section 161.8 of the Act.

"Individual proceeding" means the formal process employed by the Board to provide a hearing for a licensee of the Board accused of a violation of the Act and in which the Board may take action against such person's original license to practice chiropractic in this state.

"License renewal program" means a continuing education program which:

(A) is sponsored or administered by a state or national chiropractic association or accredited chiropractic college for the purpose of providing licensees an opportunity to satisfy continuing education requirements; and

(B) has been approved by the Board.

"Licensure" means the Board's process with respect to the grant, denial, renewal, revocation, or suspension of an original or renewal license.

(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-3-4 or

(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.

"Relocation of practice" means the ability of an applicant to obtain an Oklahoma chiropractic license who satisfies all of the following conditions:

(B) The applicant has no disciplinary matters pending against him or her in any state, country, territory or province;

(D) The applicant passes any examination offered by the Board according to 140:10-3-1; and

(E) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 23 Ok Reg 2942, eff 7-13-06; Amended at 24 Ok Reg 2701, eff 7-26-07; Amended at 25 Ok Reg 1854, eff 6-26-08; Amended at 27 Ok Reg 1374, eff 6-11-10
Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Okla. Admin. Code § 140:10-1-3 Gender

As used in this Title, the masculine gender shall be deemed to include the feminine gender.

History

Added at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-1-4 Statutory citations

Citations to statutes in this Chapter refer to the most recent codification of the statute.

History

Added at 11 Ok Reg 4563, eff 8-25-94

Subchapter 3 Application, Examination and Licensing

Okla. Admin. Code § 140:10-3-1 Application for an original license by examination

(a) An application to the Board for an original license to practice chiropractic shall be made on forms created and approved by the Board and shall be signed and verified under oath by the applicant. The application shall include:

(1) A passport photo

(2) a copy of the applicant's diploma from chiropractic school college, or program accredited by an accrediting agency either recognized by the U.S. Secretary of Education, except as provided in (b) and (c) of this rule;

(3) Payment for the application will be made through the Board's online application portal in the amount of Three Hundred Dollars $300.00) Such fee is not refundable under any circumstances.

(b) An applicant who has graduated from a chiropractic program outside the United States must have completed an educational program leading to a degree in chiropractic from an institution authorized to operate by the government having jurisdiction in which it is domiciled. The applicant must submit a diploma or equivalent documentation of successful completion of the program as certified by an official of the institution or the government having jurisdiction. All credentials, diplomas, and other documentation submitted to the Board in a foreign language shall be accompanied by a notarized English translation. The applicant shall provide satisfactory evidence of meeting the requirements for permanent residence or temporary non-immigrant status as set forth by the United States Citizenship and Immigration Services.

(c) A senior student at an accredited chiropractic college may, prior to graduation, make application for an original license by examination. In such event, the application shall be accompanied by a statement on a form approved by the Board containing certification by an official of such college that the applicant is a senior at the college and is expected to graduate with in one (1) year from the date of the certificate. An original license shall not, however, be issued to such an applicant until the applicant has submitted to the Board a copy of the applicant's diploma from said accredited chiropractic college, certified as true and correct.

(d) Applicants shall submit documentary evidence of completion of Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score.

(e) The Board shall expedite the process of licensure for those applicants who are active duty military personnel and their spouses. The Board shall issue a license within thirty (3) days of receipt of a completed application if the conditions set forth in 10-3-1 are met. The application fee for the military member and spouse are waived.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 27 Ok Reg 1374, eff 6-11-10
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 140:10-3-2 Review of application

(a) Prior to approval of an application, the Board may authorize the Executive Director to issue a temporary license to an applicant who has submitted a completed application and who, upon payment of the examination fee, has passed the required examination with a score acceptable by the Board. A temporary license shall authorize the applicant to practice chiropractic in Oklahoma between the submission of the application and applicant's approval for licensure by the Board. A temporary license shall expire upon the Board's approval of a permanent license or ten (10) calendar days following the Board's denial of an application for permanent license.

(b) If an application is approved by the Board for permanent licensure, the applicant shall be notified by the Executive Director of such approval.

(c) If an application is disapproved by the Board for permanent licensure, the applicant shall be notified by the Executive Director of the Board of such disapproval by the return of the application to him together with the reason therefore fully stated in writing.

(d) A fraudulent or false statement as to any material fact which is contained in any application for an original license, or the failure to provide any requested information, shall constitute sufficient cause for the disapproval of the application.

(e) The Board may disapprove an application on any grounds applicable to denial of licensure as provided for in the Act or the rules promulgated under this Title.

(f) The Board shall expedite the process of licensure for those applicants who are active duty military personnel and their spouses. The Board shall issue a license within thirty (30) days of receipt of a completed application if the conditions set forth in 10-3-1 are met. The application fee for the military member and spouse are waived.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 8/25/2019

Okla. Admin. Code § 140:10-3-3 Examination Fee [REVOKED]

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 27 Ok Reg 1374, eff 6-11-10
Revoked by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Okla. Admin. Code § 140:10-3-4 Content and conduct of examination; grading

(a) The Board of Chiropractic Examiners may administer an examination that shall include those technical, professional, and practical subjects that relate to the practice of chiropractic including, but not limited to; chiropractic principals, anatomy, histology, physiology, symptomatology, orthopedia, chemistry, spinography, diagnosis, sanitation and hygiene, pathology, public health service; and adjustology

(b) The Board may also examine each applicant in the art of chiropractic adjusting, x-ay,diagnostic laboratory procedures, physiological therapeutics and other subjects taught at an accredited chiropractic college

(d) A score of seventy-five percent (75%) or better is required to pass any examination administered by the Board.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05

Okla. Admin. Code § 140:10-3-5 Application for an original license by relocation of practice

(a) An application to the Board for an original license by relocation of practice to practice chiropractic in this state shall be made on a form created and approved by the Board and the applicant may also be required to appear before the board for a personal interview, and shall be assessed a jurisprudence examination. Prior to approval of an application, the Board may authorize the Executive Director to issue a temporary license to an applicant who has submitted a completed application and who, upon payment of the examination fee, has passed the required examination with a score acceptable by the Board. A temporary license shall authorize the applicant to practice chiropractic in Oklahoma between the submission of the application and applicant's approval for licensure by the Board. A temporary license shall expire upon the Board's approval of a permanent license or ten (10) calendar days following the Board's denial of an application for permanent license.

(b) The Board may, in its discretion, refuse to grant an original license by relocation of practice to any applicant and may require the applicant to take the oral examination required by the Act.

(c) Payment for the application will be made through the Board's online application portal in the amount of Three Hundred Dollars $300.00) The application shall include:

(1) A passport photo attached to the appropriate page of the application.

(2) copy of the applicant's diploma from an accredited chiropractic college, certified by an official of the issuing college as being true and correct;

(3) Submit documentary evidence to the board that the applicant has been in active practice for three (3) years immediately preceding the date of application.

(d) Except as is otherwise approved in writing by the Board, an application and all accompanying documents must be completed as set forth in the Act and application.

(e) All documents accompanying an application for an original license by relocation of practice that are written in any language other than English shall be translated, at the expense of the applicant, into the English language and certified under seal of the proper consulate. The translation shall be submitted with the application.

(f) All applicants must submit a certified copy of his/her birth certificate and/or naturalization papers if they were born anywhere other than the United States.

(g) The review of each application for an original license by relocation of practice shall be conducted by the Executive Director, and notice of the approval or disapproval thereof shall be given by the Executive Director in the same manner as for an application for an original license by examination.

(h) A fraudulent or false statement as to any material fact, which is contained in any application for an original license by relocation of practice, or the failure to provide any requested information, shall constitute sufficient cause for the disapproval of the application.

(i) The Board shall expedite the process of licensure for those applicants who are active duty military personnel and their spouses. The Board shall issue a license within thirty (30) days of receipt of a completed application if the conditions set forth in 10-3-1 are met. The application fee for the military member and spouse are waived.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 20 Ok Reg 299, eff 12-5-02 (emergency); Amended at 20 Ok Reg 2291, eff 7-11-03; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 27 Ok Reg 1374, eff 6-11-10
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:10-3-6 Additional educational requirements; re-examination; denial of license

(a) The Board shall not issue an original license, by examination or relocation of practice to an applicant until the applicant has completed all requirements of the Act and of this Title.

(b) If an applicant fails any part of any examination conducted or accepted by the Board three (3) times, the Board may, at its discretion, require proof of additional education or training in those subjects failed by the applicant before the applicant is allowed to be re-examined.

(c) An applicant who fails any part of any examination conducted or accepted by the Board may be required to retake all portions of the examination or only those parts which the applicant failed, at the discretion of the Board.

(d) No later than one (1) year after receiving a license to practice in Oklahoma, chiropractic physicians shall complete an orientation course of training approved by the Board. The orientation course hours shall count as continuing education credits for the year in which they were earned. The course shall consist of no less than eight (8) hours. Subjects covered in the orientation course shall include but not be limited to:

(1) Documentation including HIPAA compliance

(2) Sexual Boundaries

(3) Advertising

(4) Ethics

(e) The Board may deny an original license on any of the grounds provided for in the Act or the rules promulgated under this Title.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:10-3-7 Recording of licenses [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-3-8 Displaying licenses [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-3-9 Injectable certification [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-3-10 Disqualifying criminal history and opportunity for initial determination

(a) Pursuant to 59 O.S. § 4000.1, the Board of Chiropractic Examiners shall adopt a list of felony crimes that could disqualify a person from holding a license under the Chiropractic Practice Act (59 O.S. § 161.1 - 161.20). The Board shall adopt the list at its first meeting of the fiscal year and may modify the list as needed to protect public health and safety.

(b) A person who has been convicted of a crime on the list may at any time, including before obtaining any required education or applying to sit for any necessary examination, request an initial determination as to whether the persons criminal history would potentially disqualify the individual from licensure or certification in Oklahoma. The request shall be in writing and shall include either a copy of the persons criminal history record or a statement describing each conviction including the date of conviction, the court of jurisdiction, and the sentence imposed. The person may submit any additional information including, but not limited to, the persons current circumstances, the length of time since the completion of any sentence, including probation, evidence of rehabilitation, and testimonials or personal reference statements, as well as the persons professional aspirations.

(c) Upon receipt of a written request for consideration of a persons criminal history record, the Executive Director and the President of the Board of Chiropractic Examiners, in consultation with Board legal counsel, shall evaluate the request and make an initial determination based upon the information provided. A notice of initial determination shall be issued within sixty (60) days from the date the request was received. If the person is not satisfied with the response, the person may request that the matter be placed on the agenda of the Boards next regularly scheduled meeting.

(d) The notice of initial determination shall be in writing and mailed to the requestor at the address provided in the request, and shall contain the following statements:

(1) Whether the person appears eligible for licensure at the current time based upon the information submitted by the requestor;

(2) Whether there is a disqualifying offense prohibiting the persons licensure or certification at any time and a statement identifying such offense in the criminal history record or information submitted for consideration;

(3) Any actions the person may take to remedy what appears to be a temporary disqualification, if any;

(4) The earliest date the person may submit another request for consideration, if any; and

(5) A statement that the notice of initial determination is only an initial determination for eligibility for licensure or certification based upon the information provided by the requestor. Additional information or intervening events may result in a different final determination.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Subchapter 5 Procedures for Renewal Licenses

Okla. Admin. Code § 140:10-5-1 Renewal license; requirements

(a) Except as provided in 140:10-5-4, related to senior inactive licenses, and 140:10-5-5, related to nonresident licenses, each licensee holding an original license to practice chiropractic in this state shall pay to the Board, on or before the first day of July of each year hereinafter, an annual renewal fee of Two Hundred Seventy-Five ($275.00), which shall be accompanied by;

(1) Evidence that the licensee has satisfied Board approved chiropractic continuing education requirements; or

(2) A Statement of Non-attendance form, completed by the licensee, which shall include and be accompanied by: A One Hundred Dollar ($100.00) fee and the sworn statement of the licensee which shall include the following affirmations:

(A) the licensee was unavoidably prevented from satisfying the continuing education requirements;

(B) the reason or reasons therefore; and

(3) In the event the licensee has failed to complete the annual number of continuing education hours required for renewal for a consecutive year or years, the licensee shall submit an additional Statement of Non-attendance form as required by (a)(2)(A) of this Rule for each consecutive year of non-compliance,

(b) In addition to the required annual renewal fee of Two Hundred Seventy-Five Dollars ($275.00), each consecutive subsequent Statement of Non-attendance shall be accompanied by Two Hundred Dollars ($200.00).

(c) The Board shall, upon receipt of the renewal license fee, and upon determination of compliance with the requirements of Section 161.11 of the Act, issue a Chiropractic renewal license, which shall entitle the holder to practice chiropractic in this state during the succeeding calendar year.

(d) Attendance by a licensee at a license renewal program shall be certified by an officer of the sponsoring or administering association, which officer shall have been previously approved by the Board for the purpose of providing such certification. The list of attendees from the continuing education seminar, shall be submitted no later than forty- five (45) days after the approved continuing education seminar. The list shall be submitted by the certified officer of the association, and sent to the Board after all signatures and/or timecards have been verified by the individual certified to report to the Board of Chiropractic Examiners on all seminar attendees. If there are any missing signatures and/or any other missing documentation the licensee will not be able to renew his/her license for the renewal year.

(e) Individuals who take the allowable eight (8) hours of an approved out of state educational seminar shall be responsible for obtaining proof of attendance. The doctor shall submit proof of attendance with renewal application.

(f) Distance learning whether offered in-state or out-of-state, online or correspondence from program approved by the Board may also satisfy eight (8) hours of out-of-state continuing education.

(g) Subject to the provisions of Section 140:10-5-2 the Board of Chiropractic Examiners hereby recognizes the requirements adopted from time to time by the Federation of Chiropractic Licensing Boards Providers of Approved Continuing Education (FCLB PACE) as the requirements of the Board. The Board recognizes FCLB PACE Recognized Providers as satisfying the requirements of the Board for purposes of the licensure renewal process. The Board, however, reserves the approval authority for all programs based on furtherance of professional development and related areas, and in the interest of the public protection.

(h) Licensee on active duty as a member of the Armed Forces of the United States.

(1) In accordance with Title 59, O.S., Section 4100.6 of the Post-Military Service Occupation, Education and Credentialing Act, while a licensee is on active duty the license may be renewed without payment of the renewal fee and without showing completion of the continuing education requirement. Such waiver shall be requested in writing to the Board prior to the license expiration along with evidence of the order for active duty. The license issued pursuant to this rule may be continued as long as the license is a member of the Armed Forces of the United States on active duty and for a period of at least one (1) year after discharge from active duty. Upon discharge from active duty and a request for license activation, the licensee shall submit to the Board evidence of successful completion of the continuing education requirement for the current renewal term.

(2) If a license on active duty does not request such a waiver in writing the license is suspended by operation of law, the applicant may provide the Board the documentation as required in subparagraph (1) of this subsection no later than one (1) year after discharge from active duty in order to remove the suspension and reactivate the license.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 23 Ok Reg 2942, eff 7-13-06; Amended at 27 Ok Reg 1374, eff 6-11-10; Amended at 30 Ok Reg 2127, eff 8-25-13
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:10-5-2 License renewal program approval

(a) Applications to provide continuing education seminars shall be submitted for review and approval by the Board of Chiropractic Examiners.

(b) Prior to approval of an application, the Board may authorize the Executive Director to temporarily approve applications, or amendments to an application, pursuant to the requirements specified by Title 59 Section 161.10(a). Continuing education credits may only be counted for seminars receiving final Board approval.

(c) Each application must contain the qualifications of the applicant, association or entity seeking to sponsor the program, the state of domicile, the classification of the applicant as "profit" or "nonprofit", and the educational experience of the instructors conducting the program.

(d) The board shall create and approve an application form. An applicant association or accredited chiropractic college shall submit a separate application for each program it wishes to present.

(e) All continuing education applications will be assigned by the Executive Director to a member of the education review committee. The member will review the continuing education application to ensure that the course meets the requirements set forth in the Practice Act. Once reviewed and approved by the committee member, the Executive Director will issue a temporary approval of the continuing education program.

(f) The board shall consider, among other relevant factors, the content of the program and the cost by for a chiropractic physician to attend the program. The Board shall not approve programs which do not present a program of a chiropractic nature; provided no program shall be approved which is used primarily as a sales promotion for the entity which presents the program or any speaker who presents any part of a program or at which products or services related to the programs are offered for sale.

(g) All programs approved by the Board shall be open to all persons.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 15 Ok Reg 2988, eff 7-13-98; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 26 Ok Reg 2442, eff 7-11-09
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 140:10-5-3 Revocation or suspension of license; reinstatement

(a) In the event that a licensee fails to obtain a renewal license on or before the first day of July of each year, the original license of such licensee shall lapse or be suspended as provided for at Section 161.11 of Title 59 of the Oklahoma Statutes. The Board may reinstate the original license of such person upon the payment of all fees due, plus a penalty fee in the amount provided for in the Board's fee schedule, and upon presentation to the Board of satisfactory evidence of compliance with the continuing education requirements and any other education or training which the Board, in its discretion, deems necessary. The licensee shall submit a reinstatement fee not to exceed Four Hundred Dollars ($400.00).

(b) If the Board receives notice from the Oklahoma Tax Commission that a licensee is not compliant with the Oklahoma income tax law pursuant to Section 238.1 of Title 68 of the Oklahoma Statutes, the license of that physician shall not be renewed but shall automatically be suspended pursuant to Section 161.11 of the Act. The suspension shall begin July 1 of the renewal year and shall not be lifted until:

(1) the Board receives notice from the Oklahoma Tax Commission that the license has come into compliance with Oklahoma income tax law; and

(2) the licensee has paid a reinstatement fee not to exceed Four Hundred Dollars $400.00.

History

Amended at 11 Ok Reg 4563, eff 8-25-94; Amended at 26 Ok Reg 2442, eff 7-11-09
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 140:10-5-4 Renewal license for retired licensees

(a) Any licensee who is sixty-five (65) years of age or older and is not actively engaged in practice of chiropractic medicine in this state may pay to the Board a reduced renewal license fee of Fifty Dollars ($50.00). Such a licensee shall satisfy all other requirements of 140:10-5-1 and subsection A of Section 161.11 of the Act.

(b) A licensee seeking a renewal license under the provisions of this Section shall attach the renewal form a statement on a form created and approved by the Board stating:

(1) that the applicant is sixty-five (65) years of age or older;

(2) that the applicant is not actively engaged in the practice of chiropractic in this state; and

(3) that the applicant will not engage in the practice of chiropractic in this state during the succeeding calendar year.

(4) The Board shall, upon receipt of the reduced renewal license fee and upon determination that the licensee has presented satisfactory evidence of compliance with the requirements of subsection A of Section 161.11 of the Act issue a renewal license to said licensee. The renewal license shall have the words "RETIRED LICENSE NOT VALID FOR ACTIVE PRACTICE" stamped on the face thereof and shall not entitle such senior inactive licensee to practice chiropractic in this state during the succeeding calendar year.

History

Added at 11 Ok Reg 4563, eff 8-25-94; Amended at 19 Ok Reg 2632, eff 7-11-02

Okla. Admin. Code § 140:10-5-5 Renewal license for inactive non-resident licensees

(a) Any licensee who is a nonresident of this state and is not actively engaged in the practice of chiropractic in this state may pay to the Board a reduced renewal license fee of One Hundred Seventy-five Dollars ($175.00). Such a licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section 161.11 of the Act.

(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal form a statement on a form created and approved by the Board containing:

(1) an affidavit by the inactive licensee of this state:

(A) that the applicant is not actively engaged in the practice of chiropractic in this state; and

(B) that the applicant will not engage in the practice of chiropractic in this state during the succeeding calendar year; and

(2) certification that said licensee has satisfied the licensee renewal requirements in the state, country, territory or providence in which the licensee is currently engaged in the practice of chiropractic.

History

Added at 11 Ok Reg 4563, eff 8-25-94; Amended at 19 Ok Reg 2632, eff 7-11-02; Amended at 22 Ok Reg 1042, eff 5-26-05; Amended at 24 Ok Reg 2701, eff 7-26-07

Okla. Admin. Code § 140:10-5-6 Renewal license for inactive resident licensees

(a) Any licensee who is a resident of this state and is not actively engaged in the practice of chiropractic in this state may pay to the Board a reduced renewal license fee of One Hundred Dollars ($100.00). Such a licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section 161.11 of the Act.

(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal form a statement on a form created and approved by the Board containing:

(1) an affidavit by the inactive resident licensee of this state:

(A) that the applicant is not actively engaged in the practice of chiropractic in this state due to illness, infirmity, active military service or other circumstances as approved by the Board;

(B) that the applicant will not engage in the practice of chiropractic in this state during the succeeding calendar year.

(2) the licensee will also be exempt from continuing education during the calendar years in which they apply and are approved for an inactive resident license.

History

Added at 24 Ok Reg 2701, eff 7-26-07

Subchapter 7 Preceptorship [Revoked]

Okla. Admin. Code § 140:10-7-1 Definitions [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-7-2 Practicum planning and participation [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-7-3 Preceptor qualifications for participation [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-7-4 Preceptor responsibilities [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-7-5 Intern responsibilities [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Okla. Admin. Code § 140:10-7-6 College responsibilities [REVOKED]

History

Revoked at 11 Ok Reg 4563, eff 8-25-94

Subchapter 8 Administrative Fees and Penalties

Okla. Admin. Code § 140:10-8-1 Fees

Fee Schedule.

(1) Examination. The following fees shall be assessed for licensure and examination of Chiropractors:

(A) Original license: $300.00

(B) Relocation of Practice: $300.00

(2) Licensure. The following fees shall be assessed for licensure of Chiropractors:

(A) Renewal fee active license $275.00

(B) Renewal fee inactive license $175.00

(D) Reinstatement fee not exceed $400.00

(E) Penalty fee for late renewal $150.00

(3) Duplication or modification of license. A fee of $75.00 shall be assessed for duplication or modification of original license.

(4) Miscellaneous fees: the following fees shall be assessed by the Board

(A) Letter of good standing and/or verifications for other licensing Boards with seal: $35.00

(B) Verification of licensure: $10.00 per license

(D) Returned check processing fee: $20.00

(E) Duplication of certificates issued by the Board: $20.00

(F) Directory $35.00 hard copy and/or diskette

(G) Search fee for records requested for commercial purposes: $30.00

(H) Continuing education application fee: $300.00

(I) Post Doctoral Diplomate Chiropractic Specialties registration/re-registration fee: $50.00

(J) Copy of tape of a board meeting and or an administrative hearing $20.00

(K) Travel-to-Treat registration $50.00

(L) Non-attendance application request $100.00. Additional $100.00 for each consecutive non-attendance application.

(M) Certified chiropractic assistant fees:

(i) Initial Application fee: $50.00

(ii) Examination fee: $50.00

(iii) Certification Renewal: $50.00 every two years

(iv) Failure to renew penalty: $25.00

(N) Initial Determination of Licensure Eligibility: $95.00

History

Added at 22 Ok Reg 1042, eff 5-26-05; Amended at 23 Ok Reg 2942, eff 7-13-06; Amended at 26 Ok Reg 2442, eff 7-11-09; Amended at 27 Ok Reg 1374, eff 6-11-10; Amended at 30 Ok Reg 2128, eff 8-25-13
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018
AGENCY NOTE: 1 Subparagraphs (O), (Q), (R), and (S) were disapproved in HJR 1070 (2013) prior to final adoption.

Chapter 15 Special Certificates and Miscellaneous Provisions

Subchapter 1 General Provisions

Okla. Admin. Code § 140:15-1-1 Purpose

The purpose of this Chapter is to:

(1) Establish a certification system and standards for the education and training of chiropractic physicians who desire to administer injectable vitamins, minerals or nutritional supplements; and

(2) Establish various requirements and prohibitions related to the practice of chiropractic found by the Board to be in the best interest of the health, safety and welfare of the public.

History

Added at 11 Ok Reg 4573, eff 8-25-94; Amended at 22 Ok Reg 1047, eff 5-26-05

Okla. Admin. Code § 140:15-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context plainly indicates otherwise:

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"Acupuncture and/or Meridian Therapy" means a healthcare method used to prevent, diagnose and treat disease by restoring the body's balance and harmony consisting of the stimulation of various points on or within human body or interruption of the cutaneous integrity by specific needle insertion or other form of point stimulation.

"Board" means the Board of Chiropractic Examiners.

"Certificate" means a document given to a chiropractic physician by an institution, specialty council, specialty board, or Board, verifying the chiropractic physician has fulfilled the educational requirements set forth by the institution, specialty council, specialty board, or Board granting the certificate.

"Certification" means a process by which an institution, specialty council, specialty board, institution, or Board evaluates and acknowledges a chiropractic physician's successful completion of a pre-established set of requirements or criteria.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Diplomate Specialty" means a postgraduate diplomate degree or certificate granted to a chiropractic physician.

"Dry Needling" means a physical intervention that uses a filiform needle to stimulate myofascial trigger points, diagnose and treat neuromuscular pain and functional movement deficits; is based on Western medical concepts; requires an examination and diagnosis, and treats specific anatomic entities selected according to physical signs.

"Homeopathy" means a healthcare method used to prevent, diagnose and treat disease by homeopathic methods such as homeopathic medicines, agents, remedies and articles.

"Institution" means a school of higher education or its affiliate, regulated by a state department of education or state department of health occupation or state commission on higher education or a school accredited by an agency recognized by the United States Department of Education or the Council of Higher Education Accreditation.

"Naturopathy" means a healthcare method used to prevent, diagnose and treat disease by naturopathic methods of natural therapeutic modalities that include but are not limited to naturopathic medicines, agents, remedies and articles.

"Non-Diplomate Specialty" means a certificate that is not specifically identified as being a Diplomate that is granted to a chiropractic physician by an institution, specialty council, or specialty board.

"Recognized Chiropractic Specialty Program (RCSP)" means the Federation of Chiropractic Licensing Boards Recognized Chiropractic Specialty Program (RCSP).

"Registry" means a structured record of registration information regarding all chiropractic physicians holding themselves out as having a specialty certificate.

"Specialty Board" means a professional, independent entity that provides for competency testing of didactic and clinical skills of applicants and granting of certifications in post-doctoral chiropractic specialty areas upon completing an approved post-doctoral curriculum.

"Specialty Certificate" means a document granted to a chiropractic physician by a specialty council, specialty board, or institution signifying the chiropractic physician has obtained Diplomate specialty status or a non-diplomate specialty certification that is granted by an institution.

"Specialty Council" means an approved council by the International Chiropractic Association or the American Chiropractic Association, or its equivalent as approved by the Board.

History

Added at 11 Ok Reg 4573, eff 8-25-94; Amended at 22 Ok Reg 1047, eff 5-26-05; Amended at 26 Ok Reg 2443, eff 7-11-09
Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Okla. Admin. Code § 140:15-1-3 Gender

As used in this Chapter, the masculine gender shall be deemed to include the feminine gender.

History

Added at 11 Ok Reg 4573, eff 8-25-94

Okla. Admin. Code § 140:15-1-4 Statutory citations

Citations to statutes in this Chapter refer to the most recent codification of the statute.

History

Added at 11 Ok Reg 4573, eff 8-25-94

Subchapter 3 Certificates for Chiropractic Claims Consultants [Revoked]

Okla. Admin. Code § 140:15-3-1 Certain acts prohibited; exceptions [REVOKED]

History

Added at 11 Ok Reg 4573, eff 8-25-94; Revoked at 22 Ok Reg 1047, eff 5-26-05

Okla. Admin. Code § 140:15-3-2 Registration with the Board; certificate [REVOKED]

History

Added at 11 Ok Reg 4573, eff 8-25-94; Revoked at 22 Ok Reg 1047, eff 5-26-05

Subchapter 5 Authorization for Injectables

Okla. Admin. Code § 140:15-5-1 Authorization from the Board

No chiropractic physician shall administer or cause to be used any injectable vitamins, minerals or nutritional supplements unless said chiropractic physician is authorized by the Board pronouncing that said chiropractic physician is proficient in the administration and use of such injectables. The Board shall maintain a registry listing all chiropractic physicians who are authorized by the Board.

History

Added at 11 Ok Reg 4573, eff 8-25-94; Amended at 26 Ok Reg 2443, eff 7-11-09; Amended at 30 Ok Reg 2129, eff 8-25-13

Okla. Admin. Code § 140:15-5-2 Application for authorization; educational requirements

Any chiropractic physician who desires to administer vitamins, minerals or nutritional supplements by means of injectable procedures shall make application, on a form prescribed by the Board, for authorization for such purpose. Each such chiropractic physician shall submit to the Board documentary evidence of satisfactory completion of at least twenty-four (24) hours of education and training in administration and use of such injectables. Such education and training shall be obtained at an educational program which has been approved by the Board and meets the following criteria: the program.

(1) is conducted under the auspices of and taught by the post graduate faculty of a chiropractic institution.

(2) consist of a minimum of twenty-four (24) hours;

(3) requires completion of a certification examination given by a board independent of the entity which taught the course; and

(4) meets such other criteria as the Board deems appropriate.

History

Added at 11 Ok Reg 4573, eff 8-25-94; Amended at 22 Ok Reg 1047, eff 5-26-05; Amended at 26 Ok Reg 2443, eff 7-11-09

Okla. Admin. Code § 140:15-5-3 Education and training

Approval of education and training in administration of vitamins, minerals, nutritional supplements by means of injectable procedures offered to satisfy the provisions of 140:15-5-1 and 140:15-5-2 is vested solely in the Board. No educational program shall be offered, advertised or marketed for the purpose of certification prior to being approved by the Board. At least ninety (90) calendar days prior to offering any education and training program, the individual or group offering said program shall submit to the Board for approval;

(1) An application to provide education and training in administration of vitamins, minerals or nutritional supplements by means of injectable procedures;

(2) The course outline and course description of such program;

(3) The faculty name(s) and credentials

(4) A complete set of course materials and examination; and

(5) Fees and or costs to each participant

History

Added at 22 Ok Reg 1047, eff 5-26-05

Okla. Admin. Code § 140:15-5-4 Continuing education hours

(a) Effective July 1, 2014, each chiropractic physician in the State of Oklahoma who is authorized by the Board to administer and use injectable vitamins, minerals or nutritional supplements must re-register and submit a sworn statement of hours of continuing education completed during the concluding licensing period. Every three (3) years after original registration, each applicant shall submit documentation of completion of a total of six (6) hours of continuing education during the three (3) year period. These continuing education hours shall be related to the administrating and use of injectable vitamins, minerals and nutritional supplements. These hours are in addition to the annually required sixteen (16) hours of continuing education.

(b) Upon successful demonstration of these requirements, the Board shall continue the applicant's name on the registry of chiropractic physicians who are authorized by the Board to administer and use injectable vitamins, minerals or nutritional supplements.

History

Added at 30 Ok Reg 2129, eff 8-25-13

Subchapter 7 Public Welfare

Okla. Admin. Code § 140:15-7-1 Display of license

Each chiropractic physician shall, at all times, display his or her original license and current renewal license in a prominent place at the primary location in this state where they are engaged in the practice of chiropractic. Failure to properly display the original license and or the current license renewal may result in the issuance of a field citation.

History

Added at 11 Ok Reg 4573, eff 8-25-94
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:15-7-2 Current mailing address of licensee; notice

Each chiropractic physician shall, at all times, keep the Board informed of his or her current mailing address. A chiropractic physician shall be deemed to have received notice, as may be required by the Act or this title, when such notice is mailed to the last known address provide by state chiropractic physician to the Board. Failure of any chiropractic physician to keep the Board informed of his or her current mailing address may result in the issuance of a field citation.

History

Added at 11 Ok Reg 4573, eff 8-25-94; Amended at 15 Ok Reg 2989, eff 7-13-98
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:15-7-3 Professional corporations and limited liability companies

(a) A chiropractic physician who elects to incorporate his or her practice in a professional corporation pursuant to the Oklahoma Professional Corporation Act, 18 O.S.1991, §§ 801 et seq., individually or with others, may use the corporate name of such professional corporation in said practice.

(b) A chiropractic physician who elects to form a limited liability company pursuant to the Oklahoma Limited Liability Act, 18 O.S.Supp.1992, §§ 2000 et seq., may use any name lawful thereunder.

History

Added at 11 Ok Reg 4573, eff 8-25-94

Okla. Admin. Code § 140:15-7-4 Appendages to names of licensees

(a) Every chiropractic physician who writes or prints, or causes to be written or printed, his or her name (whether or not the word "doctor," or an abbreviation thereof, is used in conjunction therewith) in any manner in connection with such person engaging in, or in any manner holding himself or herself out to the public as engaging in, the practice of chiropractic, shall append to his or her name so written or printed, in the same size letter as his or her name, one of the following designations:

(1) Chiropractic Physician;

(2) Doctor of Chiropractic

(3) Chiropractor; or

(4) D.C.

(b) Failure to properly use the designations listed above may result in the issuance of a field citation.

History

Added at 11 Ok Reg 4573, eff 8-25-94
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 140:15-7-5 Code of Ethics

There is hereby created the "Oklahoma Chiropractic Code of Ethics". This Code of Ethics is based upon the fundamental principle that the ultimate end and objective of the chiropractic physician's professional services and effort should be: "The greatest good for the patient."

(1) Chiropractic physicians shall attend to their patients as often as they consider necessary to ensure the well-being of their patients, but should avoid unnecessary treatments;

(2) Having once undertaken to serve a patient, chiropractic physicians shall not neglect the patient. Chiropractic physicians shall not terminate their professional services to patients without taking reasonable steps to protect such patients, including due notice to them allowing sufficient time for obtaining professional services of others, delivering to their patients all papers and documents in compliance with paragraph 3 of this subsection;

(3) Chiropractic physicians shall comply within twenty-one (21) calendar days of a patient's authorization certification to provide records, or copies of such records, to those persons whom the patient designates as authorized to inspect or receive all or part of such records. A reasonable charge may be made for the cost of copying records. Unpaid charges incurred by the patient are not grounds for refusal to release records.

(A) After receipt of complaint, all records shall be available for inspection and copying by investigators of the Board during normal business hours.

(B) A patient record shall be maintained for every patient under the care of the chiropractic physician and such records shall be kept confidential. Only authorized personnel shall have access to the records.

(C) Records generally shall not be removed from the control of the chiropractic physician except upon court order or as authorized by law. Board staff shall be authorized to obtain copies or review any records to assure compliance with these rules or other parts of the Act.

(D) Chiropractic physicians shall furnish the Board, its investigators or representatives, information lawfully requested by the Board and shall cooperate with a lawful investigation conducted by the Board.

(4) A chiropractic physician shall establish a plan for custodianship of patient records in the event they are incapacitated, become deceased, are or will become unable to maintain patient records.

(A) In the event a chiropractic physician dies or becomes incapacitated and unable to practice, and there is a chiropractic physician associated with the practice, the deceased, incapacitated or unavailable chiropractic physician's personal representative, guardian, administrator, conservator, next of kin, or other legal representative shall notify the Board in writing of the management arrangement for the custody and transfer of patient files and records. This individual shall ensure the security of, and access to, patient files and records, by the physician's patient files to the Board in writing within 180 days. Transfer of patient files and records must occur within one year of the death of the chiropractic physician.

(B) A chiropractic physician who is an independent contractor or who has an ownership interest in a chiropractic practice shall provide notice as described below when leaving, selling, or retiring from the chiropractic office where the chiropractic physician has provided chiropractic services.

(1) Notification shall be sent to all patients who received services from the chiropractic physician during the two years immediately preceding the chiropractic physician's last date for seeing patients. This notification shall be sent no later than thirty (30) days prior to the last date the chiropractic physician expects to see patients.

(2) The notice shall include the following:

(i) A statement that the chiropractic physician will no longer be providing chiropractic services at the practice;

(ii) The date on which the chiropractic will cease to provide services; and

(iii) The notice shall be sent in one of the following ways:

(I) A letter sent through the US Postal Service to the last known address of the patient with the date of the mailing of the letter documented; or

(II) A secure electronic message to the last known email address of the patient.

(D) In the event a chiropractic physician is unable to provide a thirty (30) day notice as required by paragraph(C)(1) of this rule because of an illness, unforeseen emergency, incarceration, or other unanticipated incident, the chiropractic physician shall provide such notice within thirty (30) days after it is determined that the physician will not be returning to practice.

(E) Paragraph C of this rule does not apply to the chiropractic physician who is departing as an employee of another Oklahoma licensed chiropractic physician. It is the employer's responsibility to maintain continuity of care, or to comply with the provisions of paragraph C if, patient care will be terminated as a result of the employee leaving the employment or retiring.

(5) Subject to paragraph 3 of this subsection, chiropractic physicians should preserve and protect the patient's confidences and records, except as the patient directs or consents, or if the law requires otherwise. They should not discuss a patient's history, symptoms, diagnosis, or treatment with a lawyer until they have received the consent of the patient or the patient's personal representative. They should avoid exploiting the trust and dependency of their patients;

(6) Chiropractic physicians shall maintain the highest standards of professional and personal conduct. Chiropractic physicians shall refrain from all illegal or morally reprehensible conduct;

(7) Chiropractic physicians shall assure that the patient possesses enough information to enable an intelligent choice in regard to proposed chiropractic treatment. The patient shall make his or her own determination on such treatment;

(8) Chiropractic physicians shall observe the appropriate laws, decisions and rules of state and federal governmental agencies of the United States and the State of Oklahoma and cooperate with the pertinent activities.

(9) Chiropractic physicians may advertise but shall exercise utmost care that such advertising is relevant to the selection of a chiropractic physician, is accurate, truthful, not misleading, false or deceptive, and is scrupulously correct in representing the chiropractic physician's professional status and area of special competence. Communications to the public shall not appeal primarily to an individual's anxiety or create unjustified expectations of results. Chiropractic physicians shall conform to all applicable state laws, rules and judicial decisions in connection with professional advertising;

(10) Chiropractic physicians may testify either as experts or when their patients are involved in court cases, workers' compensation proceedings or in other similar proceedings in personal injury or related cases.

(11) The chiropractic profession shall address itself to improvements in licensing procedures consistent with the development of the profession and of relevant advances in science;

(12) Chiropractic physicians who are public officers part time or full time, shall not engage in activities which are, or may be perceived to be, in conflict with their official duties;

(13) Chiropractic physicians shall not commit fraud, misrepresentation, or deception which includes, but is not limited to:

(A) Practicing or attempting to practice chiropractic under false or assumed name;

(B) Aiding, assisting, or advising another in the unlicensed practice of chiropractic;

(D) Making false or misleading statements or withholding relevant information regarding the qualifications of any individual in order to attempt to obtain a license or engage in the practice of chiropractic;

(E) Failing to report past, present, or pending disciplinary action by another licensing board or the current status of the final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, which results in encumbrance of licensure;

(F) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those which are signed by the licensee in his/her capacity as a licensed chiropractic physician;

(G) Submitting to any patient, insurer or third-party payor a claim for a service or treatment which was not actually provided to a patient.

(H) Failing to report to the Board a conviction of, or pleading guilty or nolo contendere to, fraud in filing Medicare or Medicaid claims or in filing claims with any third party payor. A copy of the record of the plea or conviction certified by the clerk of the court entering the plea or conviction, shall be conclusive evidence of the plea or conviction.

(14) Chiropractic physicians shall not abuse the physician's position of trust by coercion, manipulation or fraudulent representation in the doctor-patient relationship which includes, but is not limited to:

(A) Engaging in sexual misconduct which consists of sexual behavior that occurs during the doctor-patient relationship. Chiropractic physicians shall terminate the doctor-patient relationship before dating or having a sexual relationship with a patient. Such termination shall be done in writing and signed by both the patient and the chiropractic physician and placed in the patient's record. This paragraph shall not apply to chiropractic physicians treating their spouses.

(B) Engaging in sexual impropriety which consists of behavior, verbal or physical, that is suggestive, seductive, harassing, intimidating or demeaning to a patient.

(C) Engaging in sexual violation which consists of physical contact, whether or not initiated by the patient, that is sexual or may be reasonably interpreted as such.

(15) Chiropractic physicians shall not violate any lawful order of the Board previously entered in a disciplinary hearing or fail to comply with a lawfully issued subpoena of the Board.

(16) Chiropractic physicians shall not make statements which in any way reflect against a fellow licensee including statements which imply superiority over another licensee.

History

Added at 22 Ok Reg 1047, eff 5-26-05; Amended at 24 Ok Reg 2703, eff 7-26-07; Amended at 26 Ok Reg 2443, eff 7-11-09
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Subchapter 8 Animal Chiropractic Diagnosis and Treatment

Okla. Admin. Code § 140:15-8-1 Certificate of a chiropractor and animal chiropractic diagnosis and treatment

(a) A chiropractic physician may engage in practice of animal chiropractic diagnosis and treatment if certified to do so by the Board. A licensed chiropractic physician may provide chiropractic treatment to an animal without being certified in animal chiropractic diagnosis and treatment if the animal has been referred to the chiropractic physician by a licensed veterinarian.

(b) "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral subluxation complex (vcs) and spinal manipulation of nonhuman vertebrates. The term "animal chiropractic diagnosis and treatment" shall not be construed to allow the:

(1) use of x-rays

(2) performing surgery

(3) dispensing or administering of medications, or

(4) performance of tradition veterinary care.

(c) The Board is charged by statute to establish educational criteria for certification standards in animal chiropractic diagnosis and treatment. According, the Board states that the following educational criteria will be applied to any licensed chiropractic physician who requests certification in animal chiropractic diagnosis and treatment, The criteria shall include education and training in:

(1) Anatomy, including sacropelvic, thoracolumbar, cervical and extremity;

(2) Equine and canine adjustments;

(3) Topographical laboratory;

(4) Chiropractic basis, including history and systems review, subluxation, and vertebral subluxation complex;

(5) Veterinary basics, including anatomy as it relates to restraint and positioning, physiology, and pharmacology, metabolic and contagious diseases and lameness;

(6) Chiropractic and neurological diagnosis;

(7) Radiology and biomechanics;

(8) Proficiency in basic technique;

(9) Pathology;

(10) Podiatry, including lower limb dissection;

(11) Chiropractic and veterinary philosophy;

(12) Professional ethics and legalities; and

(13) Identification of animals.

(d) Any licensed chiropractic physician requesting certification in animal chiropractic diagnosis and treatment shall have completed no less than 210 hours of education and training education as set forth above.

(e) Any chiropractic physician engaged in the practice of animal chiropractic shall maintain complete and accurate records and/or patient files in their office for a minimum of three years.

History

Added at 20 Ok Reg 15, eff 10-8-02 (emergency); Added at 20 Ok Reg 2292, eff 7-11-03
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 8/25/2019

Okla. Admin. Code § 140:15-8-2 Continuing education hours

(a) Each doctor of chiropractic in the State of Oklahoma who is registered with the Board pronouncing that said chiropractic physician is engaged in the practice of animal chiropractic diagnosis and treatment must submit their hours of continuing education completed with an AVCA (American Veterinarian Chiropractic Association) certified course during the concluding licensing period. Every three (3) years after original registration, each applicant shall submit documentation of completion of a total of 20 hours of continuing education during the three (3) year period. These hours are in addition to the annually required 16 hours to renew a license as a chiropractic physician.

(b) Upon successful demonstration of these requirements, the Board shall continue the applicant's name on the registry of chiropractic physicians who are certified to engage in the practice of animal chiropractic diagnosis and treatment.

History

Added at 19 Ok Reg 2633, eff 7-11-02; Amended at 20 Ok Reg 2292, eff 7-11-03; Amended at 26 Ok Reg 2443, eff 7-11-09
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 8/25/2019

Okla. Admin. Code § 140:15-8-3 Animal chiropractic certification card

(a) Effective November 1, 2011 all chiropractic physicians certified by the Board in the practice of animal chiropractic diagnosis and treatment shall be issued a certification card by the Board. Each certification card must contain:

(1) the original license number of the chiropractic physicians certified in animal chiropractic diagnosis and treatment;

(2) the chiropractic physicians animal chiropractic diagnosis and treatment certification number; and

(3) a passport style photo

(b) Each animal chiropractic physician shall carry the certification card with them at all times.

(c) The certification card is valid only as long as the chiropractic physician remains certified by the Board to engage in the practice of animal chiropractic diagnosis and treatment, If for any reason the chiropractic physicians certification is removed by the Board, the animal chiropractic certification card is to be returned to the Board within five (5) calendar days of receipt of notification that the chiropractic physician is no longer certified to practice animal chiropractic.

History

Added at 28 Ok Reg 1112, eff 6-25-11; Amended at 30 Ok Reg 2129, eff 8-25-13

Subchapter 9 Chiropractic Specialties

Okla. Admin. Code § 140:15-9-1 Oversight Authority

The Board shall have practice oversight authority for all post-doctorate chiropractic specialties. No chiropractic physician shall represent to the public that he/she is a specialist in any area unless said chiropractic physician is registered with the Board. Pursuant to the legislative authority granted to the Board, the Board hereby recognizes the requirements adopted from time to time of the Federation of Chiropractic Licensing Boards' Recognized Chiropractic Specialty Program (FCLB RCSP) as requirements of the Board. The Board, however, reserves the approval authority for all programs based on furtherance of professional development and related areas, and in the interest of the public protection objectives of the Act. The Board shall maintain a registry listing all chiropractic physicians who are approved by the Board.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 26 Ok Reg 2443, eff 7-11-09
Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

Okla. Admin. Code § 140:15-9-2 Specialty Register

Chiropractic physicians shall not be registered by the Board as a post-doctorate specialist specializing in any activity unless they have received certification for that specialty from a specialty council, specialty board, or institution approved by the Board.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 26 Ok Reg 2443, eff 7-11-09

Okla. Admin. Code § 140:15-9-3 Educational Requirements

(a) Chiropractic Physician's seeking Diplomate Specialty status shall meet the following criteria to qualify for inclusion in the Board's Registry. The course of study shall:

(1) be conducted under the auspices of and taught by the post-graduate faculty of an accredited chiropractic institution

(2) consist of a minimum of three hundred (300) hours;

(3) require completion of a certification examination given by a boardindependent of the entity which taught the course;

(4) meet any other criteria that the respective council requires; and

(5) meet any other criteria the Board deems appropriate.

(b) Non-Diplomate Specialty education shall meet the requirements and guidelines established by the institution, specialty council, or specialty board granting the certificate to the chiropractic physician.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 26 Ok Reg 2443, eff 7-11-09

Okla. Admin. Code § 140:15-9-4 Initial Registration Requirements

(a) Any doctor of chiropractic in the State of Oklahoma who desires to hold himself or herself out to the public as being a post-doctorate specialist in an area must first register with the Board. Initial registration requires a Chiropractic Physician to submit the following to the Board:

(1) a completed application on a form provided by the Board

(2) the specialty registration fee, as set by the Board;

(3) documentation of specialty status issued by the specialty council or institution, verifying that the licensee has met the protocols, guidelines, standards, and educational hours required by the respective specialty council, specialty board, or institution.

(b) Upon a successful demonstration of these requirements, the Board shall add the chiropractic physician's name to the registry.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 26 Ok Reg 2443, eff 7-11-09

Okla. Admin. Code § 140:15-9-5 Annual Re-registration Requirements

(a) Each doctor of chiropractic in the State of Oklahoma who holds himself or herself out to the public as being a post-doctorate specialist in an area shall re-register with the Board if the granting institution, specialty council, or specialty board who granted the chiropractic physician the specialty certificate requires re-certification or renewal of the certificate. The chiropractic physician shall re-register the renewed specialty certification by providing the information required by the Board upon the next chiropractic physician's annual chiropractic license renewal application.

(b) Upon a successful demonstration of these requirements, the Board shall continue the applicant's name on the registry.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 26 Ok Reg 2443, eff 7-11-09

Okla. Admin. Code § 140:15-9-6 Prohibited Acts

(a) Only those chiropractic physicians holding a post-doctorate specialty certificate in post-graduate training and certification programs recognized by the respective specialty council ,specialty board, or institution may hold themselves out to the public as possessing special knowledge, skills or training as a post-doctorate specialist. Any advertisement which states that a chiropractic physician has special training or skills as being certified in a post-doctorate specialty not recognized by the respective specialty council, specialty board, or institution is engaged in deceptive and misleading advertising practices;

(b) Any chiropractic physician who advertises a specialty not recognized by the Board shall prominently include in the advertisement the following disclaimer in capital letters: "(NAME OF ANNOUNCED AREA OF CHIROPRACTIC PRACTICE...IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE OKLAHOMA BOARD OF CHIROPRACTIC EXAMINERS"

(c) Any chiropractic physician who advertises membership in or certification by any institution or entity not recognized by the Board, shall prominently include in the advertisement the following disclaimer in capital letters: "(NAME OF REFERENCED ORGANIZATION)...IS NOT RECOGNIZED AS A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE OKLAHOMA BOARD OF CHIROPRACTIC EXAMINERS"

(d) A chiropractic physician may advertise limited certificates of attendance otherwise known as limited certificates of proficiency or limited attendance announcements at the Board discretion without registering them with the Board. The Board recognizes limited certificates of this nature granted by product and equipment supplies in conjunction with healthcare educators whose products and equipment are used to carry out the delivery of healthcare without granting the chiropractic physician a certification of diplomate specialty. Certificates of this limited nature are not required to be registered with the Board. A chiropractic physician shall not advertise such certificates in a manner misrepresenting or implying in any way that this type of certificate prepared the chiropractic physician to hold himself or herself out as being certified in or obtaining a diplomate specialty.

History

Added at 23 Ok Reg 2944, eff 7-13-06; Amended at 24 Ok Reg 2703, eff 7-26-07; Amended at 26 Ok Reg 2443, eff 7-11-09

Subchapter 10 Acupuncture

Okla. Admin. Code § 140:15-10-1 Registration from the Board

No chiropractic physician shall represent to the public that he/she is a specialist in the practice of Acupuncture and/or Meridian Therapy unless said chiropractic physician holds a registration issued by the Board stating that the chiropractic physician is proficient in Acupuncture and/or Meridian Therapy. The Board shall maintain a registry listing all chiropractic physicians who are authorized by the Board. This rule does not apply to chiropractic physicians licensed to practice chiropractic in Oklahoma who graduated from a chiropractic institution on or before January 1, 2000.

History

Added at 26 Ok Reg 2443, eff 7-11-09; Amended at 28 Ok Reg 1112, eff 6-25-11

Okla. Admin. Code § 140:15-10-2 Application for registration; educational requirements

(a) Any chiropractic physician who desires to represent to the public he/she is a specialist in Acupuncture and/or Meridian Therapy shall make application, on a form prescribed by the Board, for registration for such purpose. Each such chiropractic physician shall submit to the Board documentary evidence of satisfactory completion of at least one hundred (100) hours of education in Acupuncture and/or Meridian Therapy. Such education shall be obtained through an educational program which is subject to or has been approved by the Board and meets the following criteria:

(1) Is conducted under the auspices of and taught by the postgraduate faculty of a fully accredited chiropractic college or institution, by a school of acupuncture recognized by the National Council of Acupuncture Schools and Colleges or by a school of acupuncture recognized by the Accreditation Commission for Acupuncture and Oriental Medicine.

(2) Requires completion of a certification examination approved by the Board.; and

(3) Meets other such criteria as the Board deems appropriate.

(b) Upon successful demonstration of these requirements, the Board shall list the chiropractic physician's name on the registry.

History

Added at 26 Ok Reg 2443, eff 7-11-09; Amended at 28 Ok Reg 1112, eff 6-25-11

Subchapter 11 Homeopathy

Okla. Admin. Code § 140:15-11-1 Registration from the Board

Only a chiropractic physician who has satisfactorily completed education in homeopathy and has received a certificate in homeopathic medicine from an accredited chiropractic college or institution recognized by the board and upon registration from the Board, may hold himself or herself out to the public as a specialist certified in homeopathic medicine.

History

Added at 26 Ok Reg 2443, eff 7-11-09; Amended at 27 Ok Reg 1377, eff 6-11-10; Amended at 28 Ok Reg 1112, eff 6-25-11

Okla. Admin. Code § 140:15-11-2 Application for registration; educational requirements

(a) Any chiropractic physician who desires to represent to the public that he/she is a specialist in homeopathy shall make application, on a form prescribed by the Board. Each such chiropractic physician shall submit to the Board documentary evidence of satisfactory completion of education in homeopathic medicine. Such education shall be obtained through an educational program which is subject to or has been approved by the Board.

(b) Upon a successful demonstration of these requirements, the Board shall list the chiropractic physician's name on the registry.

History

Added at 26 Ok Reg 2443, eff 7-11-09

Subchapter 12 Naturopathy

Okla. Admin. Code § 140:15-12-1 Registration from the Board

Only a chiropractic physician who has satisfactorily completed education in naturopathy and has received a certificate in naturopathic medicine from an accredited chiropractic college or institution recognized by the board and upon registration from the Board, may hold himself or herself out to the public as a specialist certified in naturopathic medicine.

History

Added at 26 Ok Reg 2443, eff 7-11-09; Amended at 27 Ok Reg 1377, eff 6-11-10; Amended at 28 Ok Reg 1112, eff 6-25-11

Okla. Admin. Code § 140:15-12-2 Application for registration; educational requirements

(a) Any chiropractic physician who desires to represent to the public that he/she is a specialist in naturopathy shall make application, on a form prescribed by the Board. Each such chiropractic physician shall submit to the Board documentary evidence of satisfactory completion of education in naturopathic medicine. Such education shall be obtained through an educational program which is subject to or has been approved by the Board.

(b) Upon a successful demonstration of these requirements, the Board shall list the chiropractic physician's name on the registry.

History

Added at 26 Ok Reg 2443, eff 7-11-09

Subchapter 13 Dry Needling

Okla. Admin. Code § 140:15-13-1 Definition

Dry needling is a physical intervention that uses a filiform needle to stimulate myofascial trigger points, diagnose and treat neuromuscular pain and functional movement deficits; is based on Western medical concepts; requires an examination and diagnosis, and treats specific anatomic entities selected according to physical signs. Dry needling does not include the stimulation of auricular or distal points. Dry needling as defined pursuant to this rule is within the scope of practice of chiropractic.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Okla. Admin. Code § 140:15-13-2 Registration from the Board

No chiropractic physician shall represent to the public that he/she is a specialist in the practice of Dry Needling unless said chiropractic physician holds a registration issued by the Board meeting the requirements set forth in OAC 140:15-13-3. The Board shall maintain a registry listing all chiropractic physicians who are authorized by the Board.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Okla. Admin. Code § 140:15-13-3 Application for registration; educational requirements

Any chiropractic physician who desires to represent to the public he/she is a specialist in dry needling shall make application, on a form prescribed by the Board, for registration for such purpose. Each such chiropractic physician shall submit to the Board documentary evidence of satisfactory completion of the following;

(1) To be deemed competent to perform dry needling a chiropractor holding an acupuncture certification must meet the following requirements: Documented successful completion of a dry needling course of study. The course of must meet the following requirements: A minimum of twelve (12) hours of face-to-face IMS/dry needling course study sponsored by an institution accredited by the council of chiropractic or its equivalent or another course of study deemed appropriate by the Board.

(2) To be deemed competent to perform dry needling a chiropractor without acupuncture certification must meet the following requirements: Documented successful completion of a dry needling course of study. The course must meet the following requirements: A minimum of twenty-four (24) hours of face-to-face IMS/dry needling course study sponsored by an institution accredited by the council of chiropractic or its equivalent or another course approved of study deemed appropriate by the Board; Online study is not considered appropriate training.

(3) Upon successful demonstration of these requirements, the Board shall list the chiropractic physician's name on the registry.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Chapter 20 Advisory Committee

Okla. Admin. Code § 140:20-1-1 Scope and application; re-creation of Advisory Committee

This Subchapter describes the procedures for nomination, qualifications for nomination, appointment, term of office, removal and other matters related to the membership of the Advisory Committee, as authorized by Section 161.6 of the Act.

History

Added at 11 Ok Reg 4575, eff 8-25-94; Amended at 25 Ok Reg 1855, eff 6-26-08

Okla. Admin. Code § 140:20-1-2 Nominations

(a) The Board shall cause notice to be given to each state chiropractic association of the time period, not less than thirty (30) days, during which the Board shall accept nominations for membership on the Advisory Committee to be named by the Board. The Board shall also notify each chiropractic physician in this state of the same time period in which unaffiliated chiropractic physicians may submit nominations for membership on the Advisory Committee. This may be accomplished by notice in the agenda of a regular or special meeting of the Board.

(b) Each state association and each unaffiliated chiropractic physician may submit a list of ten (10) chiropractic physicians and three (3) lay persons as nominees for membership on the Advisory Committee.

History

Added at 11 Ok Reg 4575, eff 8-25-94

Okla. Admin. Code § 140:20-1-3 Qualifications for nomination; permission

Chiropractic physician nominees for membership on the Advisory Committee shall meet all statutory requirements.

History

Added at 11 Ok Reg 4575, eff 8-25-94

Okla. Admin. Code § 140:20-1-4 Appointment

During an open meeting of the Board, the Board shall review all nominations and select four (4) chiropractic physicians for the chiropractic positions on the Advisory Committee and one (1) lay member. Each appointee shall be notified immediately by the Secretary-Treasurer of his appointment to the Advisory Committee.

History

Added at 11 Ok Reg 4575, eff 8-25-94; Amended at 25 Ok Reg 1855, eff 6-26-08

Okla. Admin. Code § 140:20-1-5 Term of office; limitations; new appointments

In the event a member of the Advisory Committee resigns from his or her position, is removed from the position, is no longer qualified for the positions, or is otherwise unable to fulfill the duties of that office, the Secretary-Treasurer shall undertake such action as is necessary for the appointment of a member of the Advisory Committee to fill said member's position on the Advisory Committee in a manner consistent with 140:20-1-3 and 140:20-1-4.

History

Added at 11 Ok Reg 4575, eff 8-25-94

Okla. Admin. Code § 140:20-1-6 Removal from the Advisory Committee

Committee members shall serve at the pleasure of the Board.

History

Added at 11 Ok Reg 4575, eff 8-25-94

Chapter 25 Chiropractic Undergraduate Preceptorship Programs

Subchapter 1 General Provisions

Okla. Admin. Code § 140:25-1-1 Purpose

The purpose of this Chapter is to establish standards, qualifications and responsibilities for interns, preceptors and accredited chiropractic colleges which participate in the Chiropractic Undergraduate Preceptorship Program pursuant to §161.17 of the Act.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Accredited chiropractic college" or "college" means a chiropractic educational institution which:

(A) is accredited by the Commission of Accreditation of the Council on Chiropractic Education, a national, independent accreditation body recognized and approved by the U.S. Department of Education; and

(B) participates in the program.

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. §§ 161.1, et seq..

"Board" means the Board of Chiropractic Examiners.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Experience" or "practicum education experience" means the specific education program developed for an intern under the on-site supervision of a preceptor.

"Intern" means a student at an accredited chiropractic college who participates in the program.

"Preceptor" means a chiropractic physician who participates in the program and provides on-site supervision and evaluation of an intern in a clinical setting for hands-on training.

"Program" means the Chiropractic Undergraduate Preceptorship Program.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-1-3 Gender

As used in this Chapter, the masculine gender shall be deemed to include the feminine gender.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-1-4 Statutory citations

Citations to statutes in this Chapter refer to the most recent codification of the statute.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Subchapter 3 Preceptorship

Okla. Admin. Code § 140:25-3-1 Preceptor; application to the Board

A chiropractic physician who desires to participate in the program as a preceptor shall make application to the Board, on a form prescribed by the Board, for approval as a preceptor. If the Board finds that said chiropractic physician meets the standards and qualifications set forth in 140:25-3-4, the application shall be approved by the Board and said chiropractic physician shall be notified of such approval in writing by the Secretary-Treasurer of the Board. If the application is disapproved by the Board, said chiropractic physician shall be notified by the Secretary-Treasurer of the Board of such disapproval together with the reason or reasons therefor fully stated in writing.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-3-2 Intern; application to the Board

A student at an accredited chiropractic college who desires to participate in the program as an intern shall make application to the Board, on a form prescribed by the Board, for approval as an intern.

(1) The application shall be accompanied by:

(A) certification by an official of the student's college that the student has satisfactorily completed the prerequisite portion, as determined by the college, of the curriculum at the college to qualify said student for participation as an intern in the Program; and

(B) a money order, certified check or cashier's check, payable to the Board, in the amount of Thirty-five Dollars ($35.00), as payment of the application fee, which shall not be refundable under any circumstances.

(2) If the application is approved by the Board, the student shall be notified of such approval in writing by the Secretary Treasurer of the Board. If the application is disapproved by the Board, the student shall be notified by the Secretary Treasurer of the Board of such disapproval together with the reason or reasons therefor fully stated in writing.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-3-3 Experience planning

The organization, content, duration and weekly schedule of each intern's Practicum Education Experience shall be jointly developed by the designated representative of the intern's college and the preceptor at least one month prior to the beginning of the Experience.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-3-4 Standards and qualifications for a preceptor

A chiropractic physician who desires to participate in the program as a preceptor shall meet the following standards and qualifications:

(1) hold an original license and current renewal license;

(2) have a minimum of three (3) years of experience as a practicing chiropractic physician;

(3) have a chiropractic practice with a minimum of fifty (50) patient visits per week;

(4) have a chiropractic office, clinic or facility with a professional appearance. Such office, clinic or facility must be approved in writing by the intern's college and shall be subject to the approval and inspection by the Board and/or Advisory Committee;

(5) utilize the following procedures in the chiropractic practice:

(A) taking a patient's medical history;

(B) physical examination of a patient; and

(6) have current, valid malpractice insurance, which shall include under its coverage the intern; and

(7) the ability to supervise no more than one (1) intern per semester.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-3-5 Responsibilities of preceptor

A preceptor shall have the following responsibilities to the intern, the intern's college, and the Board:

(1) to confer with the designated representative of the college prior to the beginning of each experience to develop the organization, content, duration and weekly schedule of the intern's experience;

(2) to maintain complete records of the intern's performance and provide an evaluation to the college on a form provide by the college and approved by the Board;

(3) to permit, upon reasonable request, and inspection by the college or the Board, or both, of:

(A) the preceptor's chiropractic office, clinic, or facility;

(B) services available for the experience;

(D) any other items related to the experience;

(4) to submit in writing to the college the name and professional credentials of all persons who assist with the experience at the preceptor's office, clinic or facility;

(5) to notify the college and the Board of any change of a preceptor;

(6) to provide a detailed list of the intern's duties in the preceptor's chiropractic office, clinic or facility to the inter, the college and the Board;

(7) to provide the intern with a schedule of weekly office hours with a minimum of twenty-five (25) hours per week; and

(8) to provide immediate, on-site preceptor supervision of the intern if the intern is allowed to provide or assist in the provision of any therapeutic services or procedures, including, but not limited to, chiropractic adjustment(s) and injections.

(9) to provide immediate notice to the Board of Chiropractic Examiners of any change of status during the course of the internship.

History

Added at 11 Ok Reg 4577, eff 8-25-94; Amended at 24 Ok Reg 2704, eff 7-26-07

Okla. Admin. Code § 140:25-3-6 Responsibilities of intern

An intern shall have the following responsibilities to the intern's college, the preceptor and the Board:

(1) to provide a current telephone number and address of his location in the state to the preceptor and the Board within a reasonable time after arrival, and to provide any change of telephone number or address to the preceptor and the Board within twenty-four (24) hours after any such change;

(2) to complete any appropriate forms requested by the college or the Board;

(3) to serve as an intern for the period of time specified by the college for the purpose of augmenting his competence in all areas of the practice of chiropractic;

(4) to follow all policies and procedures of the preceptor's chiropractic office, clinic or facility;

(5) to wear proper attire at the preceptor's chiropractic office, clinic or facility;

(6) to provide his own transportation and living arrangements;

(7) to report to the preceptor on time; and

(8) to refrain from submitting for publication any material related to the experience without prior written approval of the preceptor and the college.

(9) to provide immediate notice to the Board of Chiropractic Examiners of any change of status of intern during the course of the internship.

History

Added at 11 Ok Reg 4577, eff 8-25-94; Amended at 24 Ok Reg 2704, eff 7-26-07

Okla. Admin. Code § 140:25-3-7 Responsibility of college

An intern's college shall have the following responsibilities to the intern, the preceptor and the Board:

(1) to provide the complete name, biographical data (including work experience) and a report of the health status of the intern to the preceptor at least one (1) month before the beginning date of the experience;

(2) to supply any additional information related to the experience required by the preceptor prior to the arrival of the intern;

(3) to assure that the intern has satisfactorily completed the prerequisite portion, as determined by the college, of the curriculum at the college and disclose to the preceptor the nature and extent of such prerequisite portion;

(4) to designate a faculty member at the college as the college's designated representative, who shall jointly develop with the preceptor the organization, content, duration and weekly schedule of the intern's experience;

(5) to enforce rules and regulations governing the intern's conduct that are mutually agreed upon by the college and the preceptor, which rules and regulations shall include requirements that the intern:

(A) abide by all of the policies and procedures of the preceptor's chiropractic office, clinic or facility; and

(B) be well-groomed in appearance and courteous, at all times, in his relations with the preceptor's patients, the preceptor's staff and the public;

(6) to terminate an experience and remove the intern upon request of the preceptor for just cause; and

(7) to maintain and provide the Board, upon request, with a copy of all records pertinent to the intern's experience.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Okla. Admin. Code § 140:25-3-8 Miscellaneous provisions

(a) An intern shall be allowed to perform only those duties which are lawful and ethical in the practice of chiropractic.

(b) Any incident reports related to an intern's experience shall be maintained by the preceptor and shall be the sole property of the preceptor, except as may be otherwise provided by law; provided, however, upon receipt of a written request by the intern's college or the Board, the preceptor shall provide to the college or the Board a copy of such report.

(1) whose performance, conduct, demeanor, or willingness to cooperate with co-workers or to serve patients is unsatisfactory;

(2) whose personal characteristics prevent desirable relationships within the preceptor's chiropractic office, clinic or facility; or

(3) whose health status is a detriment to the intern's experience.

(d) A preceptor shall not be liable for the payment of any wage, salary or compensation of any kind for services performed by any instructor, supervisor or other person associated with the intern's college, and a preceptor shall not be required to cover any such person in any manner under his Worker's Compensation insurance policy.

(e) In an emergency, as determined by a preceptor in his sole discretion, said preceptor shall have the right to summarily relieve an intern from a specific assignment or to summarily request an intern to leave the preceptor's chiropractic office, clinic or facility, pending determination of the intern's future assignment by the intern's college.

History

Added at 11 Ok Reg 4577, eff 8-25-94

Chapter 30 Certified Chiropractic Assistants

Subchapter 1 General Provisions

Okla. Admin. Code § 140:30-1-1 Purpose

The purpose of this Chapter is to:

(1) Establish a certification system and standards for the education and training of certified chiropractic assistants; and

(2) Establish various requirements and prohibitions related to the certification of chiropractic assistants found by the Board to be in the best interest of health, safety and welfare of the public.

History

Added at 30 Ok Reg 2130, eff 8-25-13

Okla. Admin. Code § 140:30-1-2 Definitions

The following words and terms when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§ 161.1 et seq.

"Board" means the Board of Chiropractic Examiners.

"Certified Chiropractic Assistant" (CCA) means an unlicensed member of a chiropractic physician's team of healthcare workers who may assist a chiropractic physician in the performance of examination and therapeutic procedures and techniques necessary to deliver healthcare services to patients within the scope of chiropractic and has been certified by the Board.

"Certified Chiropractic Assistant Applicant" means a person who is undergoing training to become a certified chiropractic assistant.

"Certified Chiropractic Assistant examination" means the testing procedures approved by the Board.

"Executive Director" means the Executive Director of the Board.

"Supervisory chiropractic physician" means the chiropractic physician who employs or supervises the certified chiropractic assistant.

History

Added at 30 Ok Reg 2130, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Subchapter 3 Certified Chiropractic Assistant

Okla. Admin. Code § 140:30-3-1 Oversight Authority

The Board shall have practice oversight authority over certified chiropractic assistants. No chiropractic assistant shall represent to the public that he/she is a certified chiropractic assistant unless said chiropractic assistant is certified by the Board.

History

Added at 30 Ok Reg 2130, eff 8-25-13

Okla. Admin. Code § 140:30-3-2 Application for certification

(a) Chiropractic assistants seeking certified chiropractic assistant status shall complete and submit an application on a form provided by the Board. The application shall contain the signature of the applicant's supervisory chiropractic physician and be accompanied by a nonrefundable application fee. The applicant must complete the certification process and pass the certification examination as set forth in these rules within twelve (12) months of the date of application.

(b) If an applicant is approved by the Executive Director, the applicant shall be notified by the Executive Director of such approval and will thereafter be eligible to take the certified chiropractic assistant examination.

(c) If an applicant is disapproved, the applicant shall be notified by the Executive Director of such disapproval by the return of the application along with the reason(s) for disapproval being fully stated in writing.

(d) A fraudulent or false statement as to any material fact which is contained in any application for the certification, or failure to provide any requested information, shall constitute sufficient cause for the disapproval of the application.

(e) The certified chiropractic assistant shall display his/her certificate in an area for public view.

History

Added at 30 Ok Reg 2130, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:30-3-3 Certified chiropractic assistant examination

(a) If an application to become a certified chiropractic assistant is approved by the Executive Director pursuant to 140:30-3-2, they must have taken a twelve (12) hour training course approved by the Board before taking the certified chiropractic assistant exam. The Board will review all training courses to ensure that they are sufficient in providing adequate and competent clinical training to the applicant. The applicant will have three (3) opportunities to pass the exam. If the exam is failed three times, the applicant will be required to take another (12) hour course before he or she can retake the exam.

(b) A nonrefundable examination fee will be charged each time an applicant takes the certified chiropractic assistant examination.

(c) In order to pass the certified chiropractic examination, the applicant must receive a score of seventy percent (70%) or higher.

(d) After certification, that certification will remain with the assistant even if the assistant leaves the employment of the supervisory chiropractic physician who employed the assistant at the time of certification.

(e) If an applicant has a minimum of two thousand (2000) hours of full time employment as a chiropractic assistant employed by a licensed Oklahoma chiropractic physician, that applicant will be exempt from obtaining the twelve (12) hours of training prior to taking the examination the first time as required in paragraph (a) of this section. If the applicant is unable to pass the examination after three attempts, the applicant must, at that time, successfully complete twelve (12) hours of training obtained at an educational program approved by the Board before taking the certified chiropractic assistant examination a fourth time.

(f) If the applicant has taken and successfully passed the requirements to be certified in the Certified Chiropractic Assistant Program with the Federation of Chiropractic Licensing Boards, he or she shall be exempt from having to take the required certified chiropractic assistant examination offered by the Board.

History

Added at 30 Ok Reg 2130, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:30-3-4 Continuing education

(a) Each certified chiropractic assistant shall complete 6 hours of continuing education every two (2) years beginning the year following certification by the Board. Continuing education may be obtained by attending training offered by an accredited chiropractic college, or other educational program which has been approved by the Board.

(b) The Board shall create and approve a form to be used by an accredited chiropractic college, or other educational program who desires to apply for approval to present continuing education for certified chiropractic assistants.

(c) The Board in its discretion, may refer the application to the Advisory Committee or the Executive Director for review and/or information gathering.

(d) The Board shall consider, among other relevant factors, the content of the program and the cost for a certified chiropractic assistant to attend the program.

(e) The training course shall consist of four (4) clinical hours and two (2) non-clinical hours of subject matter referred to in 3(a) of this Subchapter.

History

Added at 30 Ok Reg 2131, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:30-3-5 Certification renewal

(a) Chiropractic assistant certifications shall be renewed within two years of, their original certification issuance.

(b) All certified chiropractic assistants must complete and submit a renewal form and a renewal fee along with verification of completion of approved continuing education by January 1 of the required recertification year.

(1) Failure to renew by January 1 will result in a penalty of twenty-five dollars ($25.00).

(2) Failure to renew by March 1 will result in forfeiture of certification and the employee must reapply and complete all the requirements for initial certification.

History

Added at 30 Ok Reg 2131, eff 8-25-13
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 140:30-3-6 Responsibility of supervisory chiropractic physician

(a) The supervisory chiropractic physician shall only delegate services to a certified chiropractic assistant, and other employees which services are within the scope of practice of the chiropractic physician. Such delegation may only be made in a manner consistent with the Chiropractic Practice Act or Rules.

(b) The supervisory chiropractic physician is responsible for all acts or omissions of a certified chiropractic assistant, and other employees to whom duties are delegated.

(c) The supervisory chiropractic physician shall ensure at all times that a certified chiropractic assistant, and other employees have the necessary skills and training required to competently perform all delegated services.

History

Added at 30 Ok Reg 2131, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Okla. Admin. Code § 140:30-3-7 Prohibited acts

(a) Certified chiropractic assistants and other employees to whom duties are delegated by the supervisory physician shall not:

(1) Perform independent patient examinations

(2) Diagnose conditions

(3) Determine or change a regimen of patient care/plan case management

(4) Perform chiropractic manipulation or adjustments

(5) Perform Acupuncture

(6) Unlawfully disclose patient information

(7) Violate any portion of the Chiropractic Practice Act or Rules

(b) The Board may refuse to grant a certificate to any certified chiropractic assistant applicant, may suspend or revoke a certificate, or may impose upon a certified chiropractic assistant or a certified chiropractic assistant applicant, a penalty not to exceed one thousand dollars ($1,000.00) per occurrence upon finding a violation of any prohibited act as stated in 140:30-3-7.

(c) The supervising chiropractic physician is required to notify the Board, in writing of any dismissal of a certified chiropractic assistant or certified chiropractic applicant for a prohibited act within thirty (30) days of the dismissal.

(d) The supervising chiropractic physician is required to immediately notify the Board, in writing if the supervising chiropractic physician learns that a certified chiropractic assistant and certified chiropractic assistant applicant has:

(1) Committed fraud or misrepresentation in applying for or maintaining certification

(2) Plead guilty, nolo contendere or was convicted of:

(A) a felony

(B) a misdemeanor involving moral turpitude, or

History

Added at 30 Ok Reg 2131, eff 8-25-13
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015