TITLE 140. Board of Chiropractic Examiners
CHAPTER 15. Special Certifications and Miscellaneous Provisions
PERMANENT final adoption
Subchapter 1. General Provisions
140:15-1-2 [AMENDED]
Subchapter 5. CertificatesAuthorization for Injectables
140:15-5-1 [AMENDED]
140:15-5-2 [AMENDED]
Subchapter 7. Safety and Public Welfare Provisions
140:15-7-5 [AMENDED]
Subchapter 8. Animal Chiropractic Diagnosis and Treatment
140:15-8-2 [AMENDED]
Subchapter 9. Chiropractic Specialties
140:15-9-1 [AMENDED]
140:15-9-2 [AMENDED]
140:15-9-3 [AMENDED]
140:15-9-4 [AMENDED]
140:15-9-5 [AMENDED]
140:15-9-6 [AMENDED]
Subchapter 10. Acupuncture [NEW]
140:15-10-1 [NEW]
140:15-10-2 [NEW]
Subchapter 11. Homeopathy [NEW]
140:15-11-1 [NEW]
140:15-11-2 [NEW]
Subchapter 12. Naturopathy [NEW]
140:15-12-1 [NEW]
140:15-12-2 [NEW]
Oklahoma Board of Chiropractic Examiners; 59 O.S. § 161.6
Comment period:
February 2, 2009 through March 4, 2009
Public hearing:
March 10, 2009
Adoption:
March 10, 2009
Submitted to Governor:
March 18, 2009
Submitted to House:
March 18, 2009
Submitted to Senate:
March 18, 2009
Gubernatorial Approval:
April 21, 2009
Legislative Approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 13, 2009
Final Adoption:
May 13, 2009
Effective:
July 11, 2009
N/A
N/A
The Oklahoma Board of Chiropractic Examiners needed to amend language to keep language in line with language presently in the statutes and throughout OAC 140 so that each section provides the same meaning.
Beth Carter
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2009:
SUBCHAPTER 1. General Provisions
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 the 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.
"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.
"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.
SUBCHAPTER 5. Certificate Authorization
for Injectables
140:15-5-1. Authorization Certification from the
Board
No chiropractic physician shall administer or
cause to be used any injectable vitamins, minerals or nutritional supplements
unless said chiropractic physician holds a written certification issued by
is authorized by the Board pronouncing that said chiropractic physician
is proficient in the administration and use of such injectables. The Board
shall establish an examination to be used by the Board to determine the
proficiency of any a chiropractic physician who seeks certification
authorization from the Board. However Provided that
any authorization certification issued before January 1, 1994,
shall not require examination. The Board shall maintain a registry listing
all chiropractic physicians who are authorized by the Board.
140:15-5-2. Application for authorization
certification; 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
a certification 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.
SUBCHAPTER 7. Safety and Public Welfare Provisions
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 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) 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 informed
consent of the patient or the patient's personal representative. They should
avoid exploiting the trust and dependency of their patients;
(5) Chiropractic physicians shall maintain the highest standards of professional and personal conduct. Chiropractic physicians shall refrain from all illegal or morally reprehensible conduct;
(6) 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;
(7) Chiropractic physicians shall observe the appropriate laws, decisions and rules of state governmental agencies of the United States and the State of Oklahoma and cooperate with the pertinent activities.
(8) 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;
(9) 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.
(10) The chiropractic profession shall address itself to improvements in licensing procedures consistent with the development of the profession and of relevant advances in science;
(11) 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;
(12) 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;
(C) Fraud or deceit in obtaining or renewing a license to practice 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.
(13) 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.
(13 14) 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.
(14 15) Chiropractic physicians
shall not make statements which in any way reflect against a fellow licensee including
statements which imply superiority over another licensee.
SUBCHAPTER 8. Animal Chiropractic Diagnosis and Treatment
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 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 20 hours of continuing education during the three (3) year period. These hours are in addition to the annually required 16 hours.
(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.
Each Chiropractor certified in animal
chiropractic diagnosis and treatment applying for renewal of a license related
to animal chiropractic diagnosis and treatment shall have completed a minimum
of (6) hours annually, in addition to the required sixteen (16) hours of the
Act. The continuing education course attended for purposes of satisfying this
rule shall be approved by the Board prior to attendance by the chiropractic
physician.
SUBCHAPTER 9. Chiropractic Specialties
140:15-9-1. Oversight Authority
The Board shall have practice oversight
authority for all post-doctorate Diplomate 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. The Board shall review all post-doctorate Diplomate specialty
registration applications and shall approve those applications that
meet Board requirements. The Board shall maintain a registry listing all
chiropractic physicians who are approved by the Board.
140:15-9-2. Specialty Register
Chiropractic physicians shall not be
registered by the Board as a post-doctorate specialist Diplomate
specializing in any activity unless they have received certification for that
specialty from a specialty council, specialty board, approved by the
International Chiropractic Association or the American Chiropractic
Association, or its equivalent specialty board or council or institution
approved by the Board.
140:15-9-3. Educational Requirements
(a) Specialty training must Chiropractic
Physician's seeking Diplomate Specialty status shall meet the following
criteria to qualify for inclusion in the Board's Board of
Chiropractic Examiners' Registry. The course of study shall must:
(1) be conducted under the
auspices of and taught by the post-graduate faculty of a an
accredited chiropractic institution
(2) consist of a minimum of three hundred (300) hours;
(3) require completion of a certification examination given by a board
independent 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.
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 Diplomate in an area
must first register with the Board of Chiropractic Examiners. 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
Diplomate status issued by the Diplomate Board specialty
council or institution, verifying that the licensee has met the protocols,
guidelines, standards, and continuing education educational hours
required by the respective specialty council, specialty board, or
institution.
(b) Upon a successful
demonstration of these requirements, the Board of Chiropractic Examiners shall
add the applicant's chiropractic physician's name to the registry.
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 Diplomate in an area must
re-register with the Board of chiropractic Examiners and submit to the Board on
or before December 31st of each year 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.
(1) the post-doctorate Diplomate re-registration
fee, as set by the Board; and
(2) documentation of Diplomate status issued by
the respective council, verifying that the licensee has met the protocols,
guidelines, standards, and continuing educational requirements established by
the respective council.
(b) Upon a successful
demonstration of these requirements, the Board of Chiropractic Examiners shall
allow continue the applicant's name on the registry.
(a) Only those chiropractic
physicians holding a post-doctorate specialty certificate Diplomate
in post-graduate training and certification programs recognized by the
respective specialty council and the Board,specialty board, or
institution Board may hold themselves out to the public as
possessing special knowledge, skills or training as a post-doctorate specialist
Diplomate. Any advertisement which states that a chiropractic physician
has special training or skills as being certified in a post-doctorate specialty
Diplomate not recognized by the respective specialty council and
the Board, 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"
(b) It shall be prohibited by the Board of
Chiropractic Examiners for any person to advertise as a post-doctorate Diplomate
without first being on the Board of Chiropractic Examiners Specialty
Registry:
(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.
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 persons licensed to practice chiropractic in Oklahoma who graduated from a chiropractic institution on or before January 1, 2000.
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 independent of the entity which taught the course, 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.
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 institution and upon registration from the Board, may hold himself or herself out to the public as a specialist certified in homeopathic medicine. This rule does not apply to persons licensed to practice chiropractic in Oklahoma who graduated from a chiropractic institution on or after January 1, 2000.
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.
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 institution and upon registration from the Board, may hold himself or herself out to the public as a specialist certified in naturopathic medicine. This rule does not apply to persons licensed to practice chiropractic in Oklahoma who graduated from a chiropractic institution on or after January 1, 2000.
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.
[OAR Docket #09-1128; filed 6-2-09]