STATE OF OKLAHOMA

 

1st Session of the 50th Legislature (2005)

 

COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NO. 1811                 By: Armes

 

 

 

 

COMMITTEE SUBSTITUTE

 

<StartFT>An Act relating to the Oklahoma Chiropractic Practice Act; amending 59 O.S. 2001, Sections 161.4, as last amended by Section 2, Chapter 269, O.S.L. 2004, 161.5, as amended by Section 3, Chapter 269, O.S.L. 2004, 161.6, as last amended by Section 4, Chapter 269, O.S.L. 2004, 161.7, as amended by Section 5, Chapter 269, O.S.L. 2004, 161.11 and 161.12, as last amended by Sections 9 and 10, Chapter 269, O.S.L. 2004 (59 O.S. Supp. 2004, Sections 161.4, 161.5, 161.6, 161.7, 161.11 and 161.12), which relate to the Board of Chiropractic Examiners; restricting membership of Board; deleting obsolete language; providing for certain specialties; providing for background checks; providing for certain training; removing certain definitions; providing for certain disciplinary actions; amending Section 8, Chapter 269, O.S.L. 2004 (59 O.S. Supp. 2004, Section 161.10a), which relates to continuing education; providing for certain seminars; modifying certain effective date; modifying certain education requirements; requiring certain board authorization; requiring registration of chiropractic claims consultants; providing for certain certificate; providing for codification; and providing an effective date.<EndFT>

 

 

 

 

 

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     <59> O.S. 2001, Section <161.4>, as <last > amended by Section <2>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.4>), is amended to read as follows:

Section <161.4>  A.  A Board of Chiropractic Examiners is hereby re-created to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law.  The Board shall regulate the practice of chiropractic in this state in accordance with the provisions of the Oklahoma Chiropractic Practice Act.  The Board, appointed by the Governor, shall be composed of eight chiropractic physicians and one lay member representing the public.

B.  Each chiropractic physician member of the Board shall:

1.  Be a legal resident of this state;

2.  Have practiced chiropractic continuously in this state during the five (5) years immediately preceding appointment to the Board;

3.  Be free of pending disciplinary action or active investigation by the Board;

4.  Be a person of recognized professional ability, integrity and good reputation; and

5.  Be in active clinical chiropractic practice at least fifty percent (50%) of the time.

C.  The lay member of the Board shall:

1.  Be a legal resident of this state; and

2.  Not be a registered or licensed practitioner of any of the healing arts or be related within the third degree of consanguinity or affinity to any such person.

D.  1.  Each chiropractic physician member of the Board shall be appointed for four (4) years.  The Governor shall appoint new members to the Board as follows:

a.   one Board member from district two and one Board member from district four by November 2004,

b.   one Board member from district six and one Board member from district seven in June 2005, and

c.   one Board member from district eight in November 2005.

2.  Upon expiration of the term of a Board member, the Governor shall appoint a Board member from the district of the vacating Board member.

3.  The members of the Board appointed after July 1, 2004, shall serve terms of one (1) year to three (3) years so that only one term expires in each calendar year.

4.  The lay member of the Board shall serve a term coterminous with that of the Governor.

E.  For the purpose of the Oklahoma Chiropractic Practice Act, the state shall be divided into the following districts:

District 1:  Alfalfa, Beaver, Beckham, Caddo, Cimarron, Custer, Dewey, Ellis, Grant, Greer, Garfield, Harmon, Harper, Jackson, Kiowa, Major, Noble, Roger Mills, Texas, Washita, Woods and Woodward Counties;

District 2:  Tulsa County;

District 3:  Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;

District 4:  Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and Tillman Counties;

District 5:  Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;

District 6:  Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore, Marshall, McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties;

District 7:  Adair, Cherokee, Haskell, McIntosh, Muskogee, Okmulgee, Sequoyah and Wagoner Counties; and

District 8:  Craig, Delaware, Mayes, Nowata, Ottawa, Rogers and Washington Counties.

Members appointed after June 2002 shall serve no more than two (2) consecutive terms.

F.  Each member shall hold office until the expiration of the term of office for which appointed or until a qualified successor has been duly appointed.  An appointment shall be made by the Governor within ninety (90) days after the expiration of the term of any member, or the occurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in an unexpired term.

G.  Before assuming duties on the Board, each member shall take and subscribe to the oath or affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be administered and filed as provided in the article.

H.  A member may be removed from the Board by the Governor for cause which shall include, but not be limited to:

1.  Ceasing to be qualified;

2.  Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude;

3.  Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to  Board duties;

4.  Being found mentally incompetent by a court of competent jurisdiction;

5.  Being found in violation of any provision of the Oklahoma Chiropractic Practice Act; or

6.  Failing to attend three meetings of the Board without just cause, as determined by the Board.

I.  No member of the Board shall be:

1.  A registered lobbyist, or

2.  An officer, board member or employee of a statewide organization established for the purpose of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic Practice Act.

SECTION 2.     AMENDATORY     <59> O.S. 2001, Section <161.5>, as< >amended by Section <3>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.5>), is amended to read as follows:

Section <161.5>  A.   The Board of Chiropractic Examiners shall organize annually at the first meeting of the Board after the beginning of each fiscal year, by electing from among its members a president, a vice-president and a secretary-treasurer.  The Board shall hold regularly scheduled meetings at least once each quarter at a time and place determined by the Board, and may hold such special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient or necessary.  A majority of the Board shall constitute a quorum for the transaction of business.

B.  The president shall preside at meetings of the Board, arrange the Board agenda, sign Board orders and other required documents, coordinate Board activities and perform such other duties as may be prescribed by the Board.

C.  The vice-president shall perform the duties of the president during the president's absence or disability and shall perform such other duties as may be prescribed by the Board.

D.  The secretary-treasurer shall be responsible for the administrative functions of the Board and shall submit at the first regular meeting of the Board after the end of each fiscal year, a full itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of funds on hand.

E.  The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.

F.  All members of the Board 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.

G.  The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.

H.  Members of the Board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

I.  All fees, charges, reimbursement minimums and other revenue-generating amounts shall be set by the Board by rule and shall reflect normal increases due to inflation or cost of doing business.

SECTION 3.     AMENDATORY     <59> O.S. 2001, Section 161.6<>, as <last >amended by Section <4>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.6>), is amended to read as follows:

Section <161.6>  A.  Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of Chiropractic Examiners shall have the power to formulate, adopt and promulgate rules as may be necessary to regulate the practice of chiropractic in this state and to implement and enforce the provisions of the Oklahoma Chiropractic Practice Act.

B.  The Board is authorized and empowered to:

1.  Establish and maintain a procedure or system for the certification or accreditation of chiropractic physicians who are qualified in chiropractic post-doctorate, Diplomate specialties;

2.  Establish a registration system and adopt and enforce standards for the education and training of chiropractic physicians who engage in the business of issuing professional opinions on the condition, prognosis or treatment of a patient;

3.  Adopt and enforce standards governing the professional conduct of chiropractic physicians, consistent with the provisions of the Oklahoma Chiropractic Practice Act, for the purpose of establishing and maintaining a high standard of honesty, dignity, integrity and proficiency in the profession;

4.  Lease office space for the purpose of operating and maintaining a state office, and pay the rent thereon; provided, however, such state office shall not be located in or directly adjacent to the office of any practicing chiropractic physician;

5.  Purchase office furniture, equipment and supplies;

6.  Employ, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary, in accordance with state procedures;

7.  Employ legal counsel, as needed, to represent the Board in all legal matters and to assist authorized state officers in prosecuting or restraining violations of the Oklahoma Chiropractic Practice Act, and pay the fees for such services;

8.  Order or subpoena the attendance of witnesses, the inspection of records and premises and the production of relevant books and papers for the investigation of matters that may come before the Board;

9.  Employ one or more investigators, as needed, for the sole purpose of investigating written complaints regarding the conduct of chiropractic physicians, and fix and pay their salaries or wages;

10.  Pay the costs of such research programs in chiropractic as in the determination of the Board would be beneficial to the chiropractic physicians in this state;

11.  Establish minimum standards for continuing education programs administered by chiropractic associations pursuant to Section 161.11 of this title;

12.  Make such other expenditures as may be necessary in the performance of its duties;

13.  Establish appropriate fees and charges to implement the provisions of the Oklahoma Chiropractic Practice Act;

14.  Establish policies for Board operations;

15.  Determine and direct Board operating administrative, personnel and budget policies and procedures in accordance with applicable statutes;

16.  Provide travel expenses for at least the Executive Director and provide travel expenses for members of the Board to attend an annual national conference.  The Board shall give each member the opportunity to attend the annual national conference;

17.  Assess chiropractic applicants the cost for a criminal history record search based on submission of fingerprints background check.  The criminal background checks required by this section shall follow the requirements of Section 1-1950.1 of Title 63 of the Oklahoma Statutes;

18.  Promulgate rules that allow out-of-state Out-of-state licensed chiropractic physicians to may travel into Oklahoma to treat patients for special events, including but not limited to sporting events and state emergencies within the borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and

19.  The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.

C.  The State Auditor and Inspector shall conduct an audit of the Board at least every two (2) years, unless otherwise required by law.

1.  The Board shall appoint an Advisory Committee of a minimum of four and no more than six chiropractic physicians and one lay member representing the public who may advise and assist the Board in:

a.   Investigating the qualifications of applicants for an original license to practice chiropractic in this state;

b.   Investigating written complaints regarding the conduct of chiropractic physicians, including alleged violations of the Oklahoma Chiropractic Practice Act or of the rules of the Board; and

c.   Such other matters as the Board shall delegate to them.

2.  The Advisory Committee shall be selected from a list of ten chiropractic physicians and three lay persons submitted by each chiropractic association or society in this state or any unaffiliated chiropractic physician desiring to submit a list.  The term of service for members of the Advisory Committee shall be determined by the Board.  Members of the Advisory Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

SECTION 4.     AMENDATORY     <59> O.S. 2001, Section <161.7>, as< >amended by Section <5>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.7>), is amended to read as follows:

Section <161.7>  A.  1.  Applications for an original license by examination to practice chiropractic in this state shall be made to the Board of Chiropractic Examiners in writing on a form and in a manner prescribed by the Board.  The application shall be supported by the affidavits of two persons who hold a valid license to practice chiropractic in this state or in another state, country, territory or province, and who are not related to or under financial obligations to the applicant, showing the applicant to be a person of good moral character.

2.  The application shall be accompanied by a fee of One Hundred Fifty Dollars ($150.00), which shall not be refundable under any circumstances.

3.  If the application is disapproved by the Board, the applicant shall be so notified by the secretary-treasurer of the Board, with the reason for such disapproval fully stated in writing.

4.  If the application is approved, the applicant, upon payment of an examination fee of One Hundred Fifty Dollars ($150.00), may take an examination administered by the Board for the purpose of securing an original license.  The Board may accept a passing score on an examination administered by the National Board of Chiropractic Examiners taken by the applicant, or may require the applicant to take an examination administered by the Board or both.

B.  Applicants for an original license to practice chiropractic in this state shall submit to the Board of Chiropractic Examiners documentary evidence of completion of:

1.  A course of standard high school education;

2.  Ninety (90) semester hours of college credits in a college or university whose credits are accepted by the University of Oklahoma.  For students enrolled in an accredited Doctor of Chiropractic Degree Program on the effective date of this act, proof of having earned a minimum of sixty (60) semester hours of college credits at an institution for which credits are accepted by the University of Oklahoma shall meet the requirements of this paragraph;

3.  A course of resident study of not less than four (4) years of nine (9) months each in an accredited chiropractic college.  A senior student at an accredited chiropractic college may make application for an original license by examination prior to graduation, but such a license shall not be issued until documentary evidence of the graduation of the student from the college has been submitted to the Board;

4.  Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score; and

5.  Passing an examination with seventy-five percent (75%) or better.

C.  Effective January 1, 2006, out-of-state licensed applicants shall submit to the Board documentary evidence that the applicant has malpractice insurance.  New applicants shall submit to the Board documentary evidence that the applicant has malpractice insurance within six (6) months of obtaining their Oklahoma license.

D.  An applicant for an original license shall provide full disclosure to the Board of any disciplinary action taken against the applicant in any state pursuant to licensure and/or criminal proceedings including, but not limited to, pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substance laws.

E.  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.  An association may provide the orientation course of training.

F.  The Board shall issue an original license to those applicants who have passed the required examination with a score acceptable to the Board.  No license fee shall be charged by the Board for the balance of the calendar year in which such a license is issued.

SECTION 5.     AMENDATORY     Section <8>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.10a>), is amended to read as follows:

Section <161.10a>  A.  At least ninety (90) calendar days prior to offering a continuing education course in Oklahoma, an association shall submit to the Board for approval:

1.  An application to provide continuing education in this state;

2.  The agenda for the continuing education seminar;

3.  The professional background of the instructors; and

4.  A summary of the courses to be taught at the continuing education seminar.

B.  No later than thirty (30) days after submission of the application, the Board of Chiropractic Examiners shall either approve or reject the association as eligible for providing continuing education credits seminar.

C.  A continuing education program shall offer seminars providing continuing education on those subjects within the scope of practice of chiropractic as well as those technical, professional, and practical subjects that relate to the practice of chiropractic as included in Section 161.8 of Title 59 of the Oklahoma Statutes.  Instructors at continuing education seminars may sell products as long as the sale of such products is ancillary to the purpose of the seminar.

D.  Associations offering continuing education within this state shall conduct meaningful research to advance the profession of Chiropractic in this state and shall report to all licensed chiropractic physicians in this state the results of such research.

E.  Beginning January 1, 2005 2006, a maximum of twelve (12) eight (8) hours of the annual Oklahoma continuing education requirements may be obtained by a continuing education program outside this state if the out-of-state continuing education program is approved by the Board.

F.  Beginning January 1, 2005, a licensee may carry over a maximum of twelve (12) hours of continuing education credits to the next year if approved by the Board of Chiropractic Examiners.

G. E.  Chiropractic physicians who have not been in active practice during the previous year shall be exempt from that calendar year’s continuing education requirements.  However, prior to returning to active practice, the chiropractor must have attended the required continuing education during the previous calendar year.

H. F.  All licensed chiropractic physicians must attend a minimum of four (4) eight (8) hours of in-state continuing education programs approved by the Board of Chiropractic Examiners.

I. G.  Beginning January 1, 2005, the Board shall waive the in-state attendance requirements for continuing education, if the licensee was prevented from attending by illness or extenuating circumstances, as determined by the Board.

SECTION 6.     AMENDATORY     <59> O.S. 2001, Section <161.11>, as< last >amended by Section <9>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.11>), is amended to read as follows:

Section <161.11>  A.  1.  Beginning January 1, 2005:

a.   except as provided in subsection B of this section, every person holding an original license to practice chiropractic in this state shall pay to the Board of Chiropractic Examiners, on or before January 1 of each year, a renewal license fee of Two Hundred Twenty-five Dollars ($225.00), and

b.   nonresidents holding an original license to practice chiropractic in Oklahoma shall pay to the Board of Chiropractic Examiners, on or before January 1 of each year, a renewal license fee of One Hundred Seventy-five Dollars ($175.00).

2.  In addition, each licensee shall present to the Board satisfactory evidence that during the preceding twelve (12) months the licensee attended sixteen (16) hours of a continuing education program administered by a chiropractic association that meets the requirements of Section 9 161.10a of this act title.

3.  Beginning January 1, 2006, every chiropractic physician in full-time or part-time practice shall submit to the Board documentary evidence that the chiropractor has malpractice insurance and maintains such insurance twelve (12) months of each year when practicing in this state.  As used in this paragraph, “full-time practice” shall be defined as including chiropractic physicians engaged in practice more than twenty (20) hours per week.  “Part-time practice” shall be defined as including chiropractic physicians engaged in practice one (1) to twenty (20) hours per week.  However, “practice” as used in these definitions shall apply only to time spent interacting directly with patients and shall not include time spent engaging in patient consultations or office responsibilities.  Additionally, retired Retired chiropractic physicians and those chiropractic physicians not engaged in full-time or part-time practice, as defined in this paragraph, shall be exempt from providing proof of malpractice insurance.

B.  1.  The Board is authorized, but is not required, to establish a reduced renewal license fee, in an amount less than Two Hundred Twenty-five Dollars ($225.00), for each of the following classes of licensees:

a.   persons who hold an original license, but who are sixty-five (65) years of age or older and are not actively engaged in the practice of chiropractic in this state, and

b.   persons who hold an original license, but who are nonresidents of Oklahoma and are not actively engaged in the practice of chiropractic in this state.

2.  Each such licensee shall file a statement with the Board that the licensee is not actively engaged in the practice of chiropractic in this state, and shall not engage in the practice of chiropractic in this state during the succeeding calendar year.

3.  Unless otherwise determined by the Board, each such licensee must comply with the other requirements of subsection A of this section in order to receive a renewal license.

C.  Subject to the laws of this state and rules promulgated pursuant to the Oklahoma Chiropractic Practice Act, the Board shall, upon determination that a licensee has complied with the requirements of subsection A or subsection B of this section, issue a renewal license to said licensee.

D.  The failure of a licensee to properly renew a license or certificate shall be evidence of noncompliance with the Oklahoma Chiropractic Practice Act.

1.  The license shall automatically be placed in a lapsed status for failure to renew and shall be considered lapsed and not in good standing for purposes of the practice of chiropractic.

2.  If within sixty (60) calendar days after January 1 the licensee pays the renewal fee, and the reinstatement fee set by the Board, the license may be reactivated.

3.  If sixty (60) calendar days elapse and the license is not reinstated, the license shall automatically be suspended for failure to renew.

4.  The practice of chiropractic is prohibited unless the license is active and in good standing with the Board.

E.  When an original license or renewal license, or both, have been suspended under the provisions of this section, the license or licenses may be reinstated upon:

1.  Payment of a reinstatement fee in an amount fixed by the Board not to exceed Four Hundred Dollars ($400.00);

2.  Payment of the renewal license fee for the calendar year in which the original license is reinstated; and

3.  Presentation to the Board of satisfactory evidence of compliance with the continuing education requirement of this section for the calendar year in which the original license is reinstated.

F.  The Board, by rule, may establish guidelines for the disposition of disciplinary cases involving specific types of violations.  The guidelines may include, but are not limited to:

1.  Minimum and maximum administrative fines;

2.  Periods of suspension, probation or supervision;

3.  Terms and conditions of probation; and

4.  Terms and conditions for the reinstatement of an original license or renewal license, or both.

SECTION 7.     AMENDATORY     <59> O.S. 2001, Section <161.12>, as <last >amended by Section <10>, Chapter <269>, O.S.L. 20<04> (<59> O.S. Supp. 2004, Section <161.12>), is amended to read as follows:

Section <161.12>  A.  The Board of Chiropractic Examiners is authorized, after notice and an opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a chiropractic physician has committed any of the acts or occurrences set forth in subsection B of this section:

1.  Disapproval of an application for a renewal license;

2.  Revocation or suspension of an original license or renewal license, or both;

3.  Restriction of the practice of a chiropractic physician under such terms and conditions as deemed appropriate by the Board;

4.  An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;

5.  A censure or reprimand; and

6.  Placement of a chiropractic physician on probation for a period of time and under such terms and conditions as the Board may specify, including requiring the chiropractic physician to submit to treatment, to attend continuing education courses, to submit to reexamination, or to work under the supervision of another chiropractic physician.

B.  The following acts or occurrences by a chiropractic physician shall constitute grounds for which the penalties specified in subsection A of this section may be imposed by order of the Board:

1.  Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws.  A copy of the judgment and sentence of the conviction, duly certified by the clerk of the court in which the conviction was obtained, and a certificate of the clerk that the conviction has become final, shall be sufficient evidence for the imposition of a penalty;

2.  Being habitually drunk or habitually using habit-forming drugs;

3.  Using advertising in which statements are made that are fraudulent, deceitful or misleading to the public;

4.  Aiding or abetting any person not licensed to practice chiropractic in this state to practice chiropractic, except students who are regularly enrolled in an accredited chiropractic college;

5.  Performing or attempting to perform major or minor surgery in this state, or using electricity in any form for surgical purposes, including cauterization;

6.  Using or having in a chiropractic physician’s possession any instrument for treatment purposes, the use or possession of which has been prohibited or declared unlawful by any agency of the United States or the State of Oklahoma;

7.  Unlawfully possessing, prescribing or administering any drug, medicine, serum or vaccine.  This section shall not prevent a chiropractic physician from possessing, prescribing or administering, by a needle or otherwise, vitamins, minerals or nutritional supplements, or from practicing within the scope of the science and art of chiropractic as defined in Section 161.2 of this title;

8.  Advertising or displaying, directly or indirectly, any certificate, diploma or other document which conveys or implies information that the person is skilled in any healing art other than chiropractic unless the chiropractic physician also possesses a valid current license in said healing art;

9.  Obtaining an original license or renewal license in a fraudulent manner;

10.  Violating any provision of the Unfair Claims Settlement Practices Act or any rule promulgated pursuant thereto;

11.  Willfully aiding or assisting an insurer, as defined in Section 1250.2 of Title 36 of the Oklahoma Statutes, or an administrator, as defined in Section 1442 of Title 36 of the Oklahoma Statutes, to deny claims which under the terms of the insurance contract are covered services and are medically necessary;

12.  Violating any provision of the Oklahoma Chiropractic Practice Act; or

13.  Violating any of the rules of the Board.

C.  Any chiropractic physician against whom a penalty is imposed by an order of the Board under the provisions of this section shall have the right to seek a judicial review of the order pursuant to Article II of the Administrative Procedures Act.

D.  The Board is authorized to issue a confidential private or public letter of concern to a chiropractic physician when, though evidence does not warrant initiation of an individual proceeding, the Board has noted indications of possible errant conduct by the chiropractic physician that could lead to serious consequences and formal action by the Board.

E.  If no order imposing a penalty against a chiropractic physician is issued by the Board within two (2) years after a complaint against the chiropractic physician is received by the Board, the complaint and all related documents shall be expunged from the records of the Board.

SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section <161.12a> of Title <59>, unless there is created a duplication in numbering, reads as follows:

A chiropractic physician who desires to act as a chiropractic claims consultant shall register with the Board of Chiropractic Examiners on a form prescribed by the Board.  The Board shall issue a certificate to the chiropractic physician entitling them to act as a chiropractic claims consultant in this state.

SECTION 9.  This act shall become effective <November 1, 2005>.

 

50-1-6967     <SBH>    <03/02/05>