CHIROPRACTORS
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 1 (S.B. 60) (WEST)
SEE VETO INFORMATION AT END OF DOCUMENTOKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 1
S.B. No. 60
CHIROPRACTORS
An Act relating to professions and occupations; amending 59 O.S. 2021, Section 161.4, which relates to the Board of Chiropractic Examiners; extending sunset date; providing an effective date; and declaring an emergency.
SUBJECT: Chiropractors
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 59 ยง 161.4 >>
SECTION 1. AMENDATORY 59 O.S. 2021, 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, 2023 2026, 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. The Governor shall appoint members to the Board and for terms of years as follows:
1. Position 1: Upon expiration of the term of the board member whose term expires November 2, 2006, the Governor shall appoint a board member from District 1 for a term of four (4) years to expire on November 1, 2010, and every four (4) years thereafter;
2. Position 2: Upon expiration of the term of the board member whose term expires November 1, 2005, the Governor shall appoint a board member from District 2 for a term of four (4) years to expire on November 1, 2009, and every four (4) years thereafter;
3. Position 3: Upon expiration of the term of the board member whose term expires June 7, 2007, the Governor shall appoint a board member from District 3 for a term of four (4) years to expire on June 1, 2011, and every four (4) years thereafter;
4. Position 4: Upon expiration of the term of the board member whose term expires November 1, 2007, the Governor shall appoint a board member from District 4 for a term of four (4) years to expire on November 1, 2011, and every four (4) years thereafter;
5. Position 5: Upon expiration of the term of the board member whose term expires June 7, 2008, the Governor shall appoint a board member from District 5 for a term of four (4) years to expire on June 1, 2012, and every four (4) years thereafter;
6. Position 6: On June 1, 2005, the Governor shall appoint a board member from District 6 for a term of one (1) year to expire on June 1, 2006, and every four (4) years thereafter;
7. Position 7: On November 1, 2005, the Governor shall appoint a board member from District 7 for a term of three (3) years to expire on November 1, 2008, and every four (4) years thereafter;
8. Position 8: Upon expiration of the term of the board member whose term expires June 7, 2005, the Governor shall appoint a board member from the state at large for a term of four (4) years to expire on June 1, 2009, and every four (4) years thereafter; and
9. Position 9: 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:
1. 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;
2. District 2: Tulsa County;
3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;
4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and Tillman Counties;
5. District 5: Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;
6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore Le Flore, Marshall, McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell, Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers, Sequoyah, Wagoner 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;
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; or
3. An insurance claims adjuster, reviewer, or consultant; provided, however, a person shall not be considered to be a consultant solely for testifying in a court as an expert witness.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Governor's veto overridden by both houses of the Legislature and filed with the Secretary of State February 8, 2024.
MESSAGE FROM THE
OKLAHOMA STATE SENATE
2/8/2024
TO THE SECRETARY OF STATE
I am directed to inform you that the Senate has adopted the following and ordered same transmitted to you herewith:
Transmitting Enrolled SB 60, and advising that under the provisions of Article V, Section 58 and Article VI, Section 11 of the constitution of the State of Oklahoma, the Senate and the House of Representatives has reconsidered and passed said Bill, over the Governor's veto by a three-fourths vote of each House
By order of the Senate of the State of Oklahoma, this message is sent:
Respectfully,
PAUL ZIRIAX
______________________________
Secretary, Oklahoma State Senate
Received February 8, 2024, Oklahoma Secretary of State
OFFICE OF
THE GOVERNOR
STATE OF OKLAHOMA
OKLAHOMA CITY, OKLA., April 26, 2023
No. SB 60
TIME SIGNED: 8:01 p.m.
TO THE HONORABLE PRESIDENT PRO TEMPORE
AND MEMBERS OF THE OKLAHOMA SENATE
FIRST REGULAR SESSION OF THE
FIFTY-NINTH OKLAHOMA LEGISLATURE
ENROLLED SENATE BILL NO. 60:
Pursuant to the authority vested in me by Section 11 of Article VI of the Oklahoma Constitution, I have vetoed Enrolled Senate Bill 60.
Oklahomans elected me to advocate on their behalf and fight for the taxpayer. I take this responsibility seriously and so I cannot, in good faith, allow another year to go by without cutting taxes and reforming education, both of which we can absolutely afford with our $1.2 billion surplus and over $6 billion in savings. Therefore, until the people of Oklahoma have a tax cut, until every teacher in the state gets the pay raise they deserve, until parents get a tax credit to send their child to the school of their choice, I am vetoing this unrelated policy and will continue to veto any and all legislation authored by Senators who have not stood with the people of Oklahoma and supported this plan.
For these reasons, I have vetoed Enrolled Senate Bill 60.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Kevin Stitt
Received April 26, 2023, Oklahoma Secretary of State
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