§ 161.6. Powers of Board--Advisory Committee
Oklahoma Statutes AnnotatedTitle 59. Professions and OccupationsEffective: November 1, 2019
Effective: November 1, 2019
59 Okl.St.Ann. § 161.6
§ 161.6. Powers of Board--Advisory Committee
A. Pursuant to and in compliance with Article I of the Administrative Procedures Act,1 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.
9. Employ or contract with 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. Any investigator shall be certified as a peace officer by the Council on Law Enforcement Education and Training and shall have statewide jurisdiction to perform the duties authorized by this section;
18. Out-of-state licensed chiropractic physicians may travel into Oklahoma to treat patients for special events including, but not limited to, sporting events and state emergencies, and to assist in treating patients for those chiropractic physicians who are unable to practice for medical reasons within the borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and
C. The Board shall promulgate rules regarding continuing education seminars or courses or license renewal seminars or courses including, but not limited to, the qualifications of an applicant, association or entity seeking to sponsor a seminar or course, where the association or entity is domiciled, whether the association or entity is classified as a nonprofit organization, and the educational experience of instructors applying to conduct a seminar or course. The Board shall also promulgate rules regarding certified chiropractic assistants.
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.2
E. 1. After an initial complaint is received by the Board, the Executive Director and the Chair of the Advisory Committee, or designee, shall 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 designee, shall assign the complaint to an investigator. The focus and scope of an investigation shall pertain only to the subject of the complaint.
F. 1. The Board, its employees, appointed committee members, independent contractors or other agents of the Board shall keep confidential the complaint and information obtained during an investigation into violations of the Oklahoma Chiropractic Practice Act; provided, however, such information may be introduced by the state in administrative proceedings before the Board and the information then becomes a public record.
2. The complaint and information obtained during the investigation but not introduced in administrative proceedings shall not be subject to subpoena or discovery in any civil or criminal proceedings, 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.
3. The respondent may acquire information obtained during an investigation, unless the disclosure of the information is otherwise prohibited, except for the investigative report, if the respondent signs a protective order whereby the respondent agrees to use the information solely for the purpose of defense in the Board proceeding and in any appeal therefrom and agrees not to otherwise disclose the information.
G. The Board shall promulgate rules regarding the issuance of field citations and the assessment of administrative penalties no later than July 1, 2012. Administrative penalties for field citations shall not exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense.
Credits
Laws 1921, c. 7, p. 12, § 2; Laws 1972, c. 250, § 1, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 2, emerg. eff. May 14, 1982; Laws 1983, c. 298, § 2, emerg. eff. June 23, 1983; Laws 1986, c. 317, § 1, emerg. eff. June 24, 1986; Laws 1990, c. 182, § 1, emerg. eff. May 7, 1990. Renumbered from Title 59, § 162 and amended by Laws 1991, c. 265, §§ 6, 22, eff. Oct. 1, 1991. Laws 1994, c. 390, § 4, eff. Sept. 1, 1994; Laws 2002, c. 255, § 2, eff. Nov. 1, 2002; Laws 2004, c. 269, § 4, emerg. eff. May 6, 2004; Laws 2005, c. 149, § 3, eff. Nov. 1, 2005; Laws 2008, c. 388, § 1, emerg. eff. June 3, 2008; Laws 2009, c. 362, § 1, eff. Nov. 1, 2009; Laws 2011, c. 252, § 1, eff. Nov. 1, 2011; Laws 2012, c. 11, § 15, emerg. eff. April 4, 2012; Laws 2015, c. 155, § 1, eff. Nov. 1, 2015; Laws 2017, c. 54, § 1, eff. Nov. 1, 2017; Laws 2018, c. 94, § 2, eff. Nov. 1, 2018; Laws 2019, c. 213, § 3, eff. Nov. 1, 2019.
59 Okl. St. Ann. § 161.6, OK ST T. 59 § 161.6
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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