Oklahoma § 59-161.12 - Penalties - Grounds for imposition

§ 59-161.12. Penalties - Grounds for imposition

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;

6. Placement of a chiropractic physician on probation for a

period of time and under such terms and conditions as the Board may

Oklahoma Statutes - Title 59. Professions and Occupations

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; and

7. The assessment of costs expended by the Board in

investigating and prosecuting a violation. The costs may include,

but are not limited to, staff time, salary and travel expenses,

witness fees and attorney fees, and shall be considered part of the

order of the Board.

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;

Oklahoma Statutes - Title 59. Professions and Occupations

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 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 three (3) 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.

Added by Laws 1937, p. 64, § 4, emerg. eff. May 25, 1937. Amended

by Laws 1953, p. 260, § 1, emerg. eff. May 25, 1953; Laws 1972, c.

250, § 6, emerg. eff. April 7, 1972; Laws 1982, c. 268, § 8, emerg.

eff. May 14, 1982; Laws 1985, c. 176, § 2; Laws 1990, c. 182, § 3,

emerg. eff. May 7, 1990; Laws 1991, c. 265, § 12, eff. Oct. 1, 1991.

Renumbered from § 164d of this title by Laws 1991, c. 265, § 22,

eff. Oct. 1, 1991. Amended by Laws 1997, c. 90, § 1, eff. Nov. 1,

1997; Laws 1998, c. 181, § 2, eff. Nov. 1, 1998; Laws 1999, c. 227,

§ 1, eff. Nov. 1, 1999; Laws 2002, c. 255, § 5, eff. Nov. 1, 2002;

Laws 2004, c. 269, § 10, emerg. eff. May 6, 2004; Laws 2008, c. 388,

§ 3, emerg. eff. June 3, 2008; Laws 2019, c. 213, § 7, eff. Nov. 1,

2019.

§59-161.12a. Certificate – Chiropractic claims consultant.

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.

Added by Laws 2005, c. 149, § 7, eff. Nov. 1, 2005.

Oklahoma Statutes - Title 59. Professions and Occupations