§ 59-161.12 — Penalties - Grounds for imposition.

Oklahoma § 59-161.12

• Jurisdiction: Oklahoma
• Title 59: Professions And Occupations

Text

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 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; 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.

Legislative History

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.