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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 684 Chiropractors
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As used in this chapter:
(1) “Board” means the State Board of Chiropractic Examiners.
(2) “Chiropractic” is defined as:
(a) That system of adjusting with the hands the articulations of
the bony framework of the human body, and the employment and practice of
physiotherapy, electrotherapy, hydrotherapy and minor surgery.
(b) The chiropractic diagnosis, treatment and prevention of body
dysfunction; correction, maintenance of the structural and functional
integrity of the neuro-musculoskeletal system and the effects thereof or
interferences therewith by the utilization of all recognized and accepted
chiropractic diagnostic procedures and the employment of all rational
therapeutic measures as taught in approved chiropractic colleges.
(3) “Chiropractic physician” means a person licensed by ORS
677.060, 684.025, 684.100, 684.155 or 688.010 to 688.201 and this section
as an attending physician.
(4) “Drugs” means all medicines and preparations and all
substances, except over-the-counter nonprescription substances, food,
water and nutritional supplements taken orally, used or intended to be
used for the diagnosis, cure, treatment, mitigation or prevention of
diseases or abnormalities of humans, which are recognized in the latest
editions of the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia, official National Formulary, or any supplement
to any of them, or otherwise established as drugs.
(5) “Impaired chiropractic physician” means a chiropractic
physician unable to practice chiropractic with reasonable skill and
safety by reason of habitual or excessive use or abuse of drugs, alcohol
or other substances that impair ability.
(6) “Minor surgery” means the use of electrical or other methods
for the surgical repair and care incident thereto of superficial
lacerations and abrasions, benign superficial lesions, and the removal of
foreign bodies located in the superficial structures; and the use of
antiseptics and local anesthetics in connection therewith. [Amended by
1953 c.541 §2; 1975 c.492 §1; 1987 c.726 §1; 1995 c.493 §1; 1997 c.264
§4; 2005 c.627 §17] (1) Without first complying with the
provisions of this chapter, no person shall:
(a) Practice or attempt to practice chiropractic.
(b) Buy, sell or fraudulently obtain a diploma or license to
practice chiropractic, whether recorded or not.
(c) Use the title “Chiropractic,” “D.C.,” “Chiropractor,”
“Chiropractic D.C.,” or “Ph.C.,” or any word or title to induce belief
that the person is engaged in the practice of chiropractic.
(d) Place upon any door a sign for the purpose of displaying any of
the titles mentioned in paragraph (c) of this subsection.
(2) The display of such titles or any of them fraudulently obtained
is prima facie evidence that such person is fraudulently engaged in the
practice of chiropractic and subject to this chapter.
(3) No person practicing under this chapter shall administer or
write prescriptions for, or dispense drugs, practice optometry or
naturopathic medicine or do major surgery. [Formerly 684.110] (1)
Except as provided in ORS 684.107, it is unlawful for any person to
practice chiropractic in this state unless the person first obtains and
maintains an active license, as provided in this chapter.
(2) Subsection (1) of this section shall not apply to a student of
chiropractic engaging in clinical studies during the period of the
student’s enrollment in an institution authorized to confer a doctoral
degree in chiropractic. The clinical studies may take place on the
premises of the educational institution or in a clinical setting located
off the premises of the institution if the facility, the institution
staff and the course of study to be pursued off the premises of the
educational institution meet minimum requirements for supervision and
patient care prescribed by the rules of the State Board of Chiropractic
Examiners and the clinical study is performed under the direct
supervision of a member of the faculty of the institution. [Amended by
1991 c.892 §1; 1995 c.493 §2; 1995 c.499 §3; 2001 c.598 §1] (1) Nothing in this chapter shall
be deemed to prevent one licensed under this chapter from the
administration of the anesthetics or antiseptics authorized in ORS
684.010 or the use of radiopaque substances administered by mouth or
rectum necessary for Roentgen diagnostic purposes.
(2) Nothing in this section or ORS 684.010 shall be interpreted as
authorizing the administration of any substance by the penetration of the
skin or mucous membrane of the human body for a therapeutic purpose.
(3) Nothing in this chapter shall be interpreted to prohibit one
licensed under this chapter from accepting a referral from a practitioner
licensed under ORS chapter 686. The care rendered as a result of the
referral must be in writing and in accordance with ORS 686.040 (4) and
only as prescribed and diagnosed by a licensee under ORS chapter 686. The
applicable standard of care is established under ORS chapter 686.
[Formerly 684.115; 1987 c.726 §4; 1997 c.264 §5] Chiropractic physicians
shall observe and be subject to all state and municipal regulations
relating to the control of contagious and infectious diseases, sign birth
and death certificates, and report all matters pertaining to public
health to the proper health officers the same as other practitioners. Nothing
in this chapter shall be construed to interfere with any other method or
science of healing in this state. [Formerly 684.120]LICENSING (1) Any
person applying for a license to practice chiropractic in this state
shall make application to the State Board of Chiropractic Examiners, upon
such form and in such manner as may be provided by the board. The
application must be accompanied by nonrefundable fees of:
(a) $150; and
(b) The amount established by the board by rule under ORS 181.534.
(2) Each applicant shall furnish to the board:
(a) Evidence satisfactory to the board of the applicant’s good
moral character.
(b) A certificate of proficiency in the fundamental sciences (Part
I, taken subsequent to January 1, 1971) issued to the applicant by the
National Board of Chiropractic Examiners.
(c) Evidence of successful completion of at least two years of
liberal arts and sciences study, in any college or university accredited
by either the Northwest Association of Schools and Colleges or a like
regional association or in any college or university in Oregon approved
for granting degrees by the Oregon Student Assistance Commission.
(d) A diploma and transcript, certified by the registrar, or other
documents satisfactory to the board evidencing graduation from a
chiropractic school or college approved by the board under the board’s
academic standards, or from a school accredited by the Council on
Chiropractic Education or its successor agency, under standards that are
accepted and adopted biennially by the board in the version applied to
that school by the accrediting agency.
(e) A statement of any other health care provider license in this
state held by the applicant, with identifying information required by the
board.
(3) The board may waive the requirements of subsection (2)(c) of
this section for any applicant for a license to practice chiropractic if
the applicant is licensed in another state and practiced chiropractic in
that state, but the applicant must pass the examination authorized by ORS
684.050 or by ORS 684.052. [Amended by 1953 c.432 §2; 1969 c.191 §1; 1973
c.31 §4; 1975 c.492 §2; 1985 c.354 §4; 1987 c.376 §1; 1989 c.805 §1; 1991
c.300 §1; 1991 c.892 §2; 1995 c.493 §3; 1997 c.264 §6; 1997 c.652 §41;
2005 c.730 §84] (1) Examinations for
license to practice chiropractic shall be made by the State Board of
Chiropractic Examiners according to the method deemed to be the most
practicable to test the applicant’s qualifications.
(2) Each applicant shall be designated by a number instead of by
name so that the identity of the applicant will not be disclosed to the
examiners until after the papers are graded.
(3) The board shall give an examination on subjects described in
subsection (4) of this section. The board shall determine the passing
score. The applicant shall, however, be given credit for all sections
passed. The board may authorize an applicant to retake all or part of an
examination upon payment of a fee not to exceed $100.
(4) The schedule of minimum educational requirements to enable any
person to practice chiropractic in this state includes the basic science
subjects of anatomy, physiology, chemistry, pathology and public health
and hygiene; also the clinical subjects of physical diagnosis,
differential diagnosis, laboratory diagnosis, theory and practice of
chiropractic, nutrition and dietetics, physiotherapy, electrotherapy,
hydrotherapy, chiropractic orthopedics, written and practical
roentgenology, eye-ear-nose-throat, proctology, obstetrics and
gynecology, minor surgery, jurisprudence, psychology, office procedure
and other subjects that the board may, from time to time, require, except
internal medicine and major surgery. The minimum number of academic hours
in an approved chiropractic college shall not be less than 4,200 or the
equivalent requirement in semester or quarter credits. The board may
recognize a national chiropractic testing agency for grades received in
both basic science and clinical subjects. [Amended by 1975 c.492 §3; 1987
c.376 §2; 1991 c.300 §2; 1995 c.493 §4; 1997 c.264 §7] In lieu of an
examination in any or all required subjects, the State Board of
Chiropractic Examiners may accept a passing grade on a test administered
by a national testing agency approved by the board if the test is no less
strict than a test administered under ORS 684.050. [1969 c.191 §7](1) Upon complying with ORS 684.040, and earning
a passing grade on the examination authorized by ORS 684.050 or 684.052,
an applicant shall be licensed as a chiropractic physician upon payment
of a fee of $100 unless the State Board of Chiropractic Examiners refuses
to grant the license on grounds specified in ORS 684.100.
(2) Every chiropractic physician shall promptly notify the board of
any change in the professional address of the chiropractic physician.
(3) After meeting the standards of the board established under ORS
684.155 for ancillary personnel, an applicant shall be certified as
ancillary personnel upon payment of a fee of $50. The annual renewal fee
for the certificate is $50. In addition, the board may charge an
application fee of $25 and an examination fee of $35. [1969 c.191 §3;
1989 c.805 §2; 1991 c.300 §3] A person licensed to practice
chiropractic under the laws of any other state who demonstrates to the
satisfaction of the State Board of Chiropractic Examiners that the person
possesses qualifications at least equal to those required of persons
eligible for licensing under this chapter and who meets the requirements
of ORS 684.040 may be issued a license to practice in this state without
examination upon payment of a fee of $100. In addition, the board may fix
the minimum number of years of practice required to qualify for a license
under this section. [Amended by 1969 c.191 §4; 1991 c.300 §4; 1991 c.892
§5] (1) In
addition to meeting the requirements of ORS 684.092, each person
practicing chiropractic within this state shall, on or before the renewal
date of each year after a license is issued to the person, pay to the
State Board of Chiropractic Examiners an annual registration fee not to
exceed $300, as determined by the State Board of Chiropractic Examiners
and approved by the Oregon Department of Administrative Services. The
maximum annual registration fee for one not engaged in active practice
shall not exceed $175, as determined by the board and approved by the
Oregon Department of Administrative Services. A person engaged in a
limited active practice shall pay to the board an annual license fee not
to exceed 75 percent of the annual active license fee. The board, at
least 60 days prior to the renewal date, shall cause to be mailed to the
last-known professional address of each licensed chiropractor in this
state a notice of the requirements of ORS 684.092 and that the
registration fee will be due on or before the renewal date next
following. The annual registration fee shall be payable only by personal,
corporate or certified check or by money order. As used in this
subsection, “limited active practice” means a practice engaged in by a
person who is over 60 years of age, has been in practice over 25 years
and meets such other requirements as determined by the board.
(2) The failure, neglect or refusal of any person holding a license
or certificate to practice under this chapter to pay the annual fee and
to show compliance with or exemption from the requirement of ORS 684.092
during the time the license remains in force shall cause the license to
expire after a period of 30 days from the renewal date of the year for
which the failure occurs.
(3) The licenses not renewed on time shall not be renewed except
upon written application and a payment to the board of the fee for the
license category plus a delinquent fee of $100 for each week or portion
thereof, not to exceed $500, and upon compliance with or exemption from
the requirements of ORS 684.092. A licensee who pays the annual renewal
fee and shows compliance or exemption within 12 months of the expiration
date of the license shall not be required to submit to an examination for
the reissuance of a license.
(4) Any person whose license application was denied or whose
license has been revoked or suspended and whose license privileges are
granted or restored may receive the license for the year in which the
privilege is granted or restored upon payment of the annual registration
fee for the license category plus one-half thereof. [Amended by 1957 c.40
§1; 1969 c.191 §8; 1971 c.14 §2; 1974 s.s. c.48 §1; 1975 c.492 §4; 1989
c.805 §3; 1991 c.300 §5; 1991 c.892 §6; 1995 c.493 §5; 1997 c.264 §8;
2001 c.598 §2; 2001 c.745 §1]
(1) Except as provided in subsection (2) of this section, a chiropractic
physician submitting a fee under ORS 684.090 shall, at the same time,
submit satisfactory evidence of the successful completion of 20 or more
hours of approved continuing chiropractic education during the preceding
12-month period and completion, or documentation of previous completion,
of:
(a) A pain management education program approved by the board and
developed in conjunction with the Pain Management Commission established
under ORS 409.500; or
(b) An equivalent pain management education program, as determined
by the board.
(2) The State Board of Chiropractic Examiners may exempt a
chiropractic physician from the requirements of subsection (1) of this
section upon an application by the chiropractic physician showing by
evidence satisfactory to the board that the chiropractic physician is
unable to comply with the requirements because of unusual or extenuating
circumstances or because no program has been approved by the board. [1969
c.191 §5; 1995 c.79 §345; 1995 c.493 §6; 1997 c.264 §9; 2001 c.987 §16] (1)
The State Board of Chiropractic Examiners shall require a person seeking
approval of a program of continuing chiropractic education to submit
proof that the course complies with the continuing education requirements
established by the board.
(2) The board may approve any program covering new, review,
experimental, research or specialty subjects in the field of chiropractic
to be presented by persons reasonably qualified to do so.
(3) Approval granted to a program under subsection (2) of this
section shall be reviewed periodically and approval shall be withdrawn
from a program that fails to meet the requirements of the board. [1969
c.191 §6; 1991 c.892 §15; 1995 c.493 §7; 1997 c.264 §10](1) The State Board of Chiropractic Examiners may refuse to
grant a license to any applicant or may discipline a person upon any of
the following grounds:
(a) Fraud or misrepresentation.
(b) The practice of chiropractic under a false or assumed name.
(c) The impersonation of another practitioner of like or different
name.
(d) A conviction of a felony or misdemeanor involving moral
turpitude. A copy of the record of conviction, certified to by the clerk
of the court entering the conviction, is conclusive evidence of the
conviction.
(e) Commitment to a mental institution. A copy of the record of
commitment, certified to by the clerk of the court entering the
commitment, is conclusive evidence of the commitment.
(f) Habitual intemperance in the use of intoxicants or controlled
substances to such an extent as to incapacitate the person from the
performance of professional duties.
(g) Unprofessional or dishonorable conduct, including but not
limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the chiropractic profession or any conduct or practice that
does or might constitute a danger to the health or safety of a patient or
the public or any conduct, practice or condition that does or might
impair a physician’s ability safely and skillfully to practice
chiropractic.
(B) Willful ordering or performance of unnecessary laboratory tests
or studies; administration of unnecessary treatment; failure to obtain
consultations or perform referrals when failing to do so is not
consistent with the standard of care; or otherwise ordering or performing
any chiropractic service, X-ray or treatment that is contrary to
recognized standards of practice of the chiropractic profession.
(C) Gross malpractice or repeated malpractice.
(h) Failing to notify the board of a change in location of practice
as provided in ORS 684.054.
(i) Representing to a patient that a manifestly incurable condition
of sickness, disease or injury can be permanently cured.
(j) The use of any advertising making untruthful, improper,
misleading or deceptive statements.
(k) The advertising of techniques or modalities to infer or imply
superiority of treatment or diagnosis by the use thereof that cannot be
conclusively proven to the satisfaction of the board.
(L) Knowingly permitting or allowing any person to use the license
of the person in the practice of any system or mode of treating the sick.
(m) Advertising either in the name of the person or under the name
of another person, clinic or concern, actual or pretended, in any
newspaper, pamphlet, circular or other written or printed paper or
document, professing superiority to or a greater skill than that
possessed by other chiropractic physicians that cannot be conclusively
proven to the satisfaction of the board.
(n) Aiding or abetting the practice of any of the healing arts by
an unlicensed person.
(o) The use of the name of the person under the designation,
“Doctor,” “Dr.,” “D.C.,” “Chiropractor,” “Chiropractic D.C.,”
“Chiropractic Physician,” or “Ph.C.,” or any similar designation with
reference to the commercial exploitation of any goods, wares or
merchandise.
(p) The advertising or holding oneself out to treat diseases or
other abnormal conditions of the human body by any secret formula,
method, treatment or procedure.
(q) Violation of any provision of this chapter or any rule adopted
thereunder.
(r) Gross incompetency or gross negligence.
(s) The suspension or revocation by another state of a license to
practice chiropractic, based upon acts by the licensee similar to acts
described in this section. A certified copy of the record of suspension
or revocation of the state making the suspension or revocation is
conclusive evidence thereof.
(t) Failing to give prior notice to patients of the permanent or
temporary closure of the physician’s practice or failing to give
reasonable access to the records and files of the physician’s patients at
any time.
(u) The suspension or revocation by another licensing board in the
state of a license to practice as another type of health care provider.
(2) The board may, at any time two years or more after the refusal,
revocation or cancellation of registration under this section, by a
majority vote, issue a license restoring to or conferring on the person
all the rights and privileges of the practice of chiropractic as defined
and regulated by this chapter. Any person to whom those rights have been
restored shall pay to the board the annual registration fee for the
license category plus one-half thereof.
(3) If the board determines that a chiropractic physician’s
continuation in practice would constitute a serious danger to the public,
the board may suspend the license of the chiropractic physician without a
hearing. Simultaneously with the order of suspension, the board must
institute proceedings for a hearing provided under this section and the
suspension may continue unless injunctive relief is obtained from a court
of competent jurisdiction showing just cause or undue burden under the
circumstances existing.
(4) If a physician refuses a written request for an informal
interview with the board, the board shall have grounds to suspend or
revoke the license of a physician pursuant to this section.
(5) Prior to or following an informal interview as described in
this section, the board may request any Oregon licensed chiropractic
physician in good standing to assist the board in preparing for or
conducting any professional competency examination as the board may deem
appropriate.
(6) Notwithstanding any other provisions of ORS 684.010, 684.040,
684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155, the
board may at any time direct and order a professional competency
examination limited to the area of practice out of which a specific
complaint has arisen and make an investigation, including the taking of
depositions or otherwise in order to fully inform itself with respect to
the performance or conduct of a physician licensed under ORS 684.010,
684.040, 684.050, 684.090, 684.100, 684.112, 684.130, 684.150 and 684.155.
(7) If the board has reasonable cause to believe that any:
(a) Chiropractic physician is or may be unable to practice with
reasonable skill and safety to patients, the board may:
(A) Cause a competency examination of the physician for purposes of
determining the physician’s fitness to practice chiropractic with
reasonable skill and safety to patients; or
(B) Require the fingerprints and relevant personal history data of
the physician for the purpose of requesting a state or nationwide
criminal records check under ORS 181.534.
(b) Person certified to provide physiotherapy, electrotherapy or
hydrotherapy pursuant to ORS 684.155 (1)(c) is or may be unable to
provide the therapies with reasonable skill and safety to patients, the
board may:
(A) Cause a competency examination of the person for purposes of
determining the person’s fitness to provide the therapies with reasonable
skill and safety to patients; or
(B) Require the fingerprints and relevant personal history data of
the person for the purpose of requesting a state or nationwide criminal
records check under ORS 181.534.
(8) Refusal by any person to take or appear for a competency
examination scheduled by the board or to submit fingerprints and relevant
personal history data as required by the board under subsection (7) of
this section shall constitute grounds for disciplinary action.
(9) In disciplining a person as authorized by subsection (1) of
this section, the board may use any or all of the following methods:
(a) Suspend judgment.
(b) Place the person on probation.
(c) Suspend the license of the person to practice chiropractic in
this state.
(d) Revoke the license of the person to practice chiropractic in
this state.
(e) Place limitations on the license of the person to practice
chiropractic in this state.
(f) Impose a civil penalty not to exceed $10,000.
(g) Take other disciplinary action as the board in its discretion
finds proper, including assessment of the costs of the disciplinary
proceedings.
(10)(a) Any information that the board obtains pursuant to ORS
684.100, 684.112 and 684.155 (9) is confidential as provided under ORS
676.175.
(b) Any person who reports or provides information to the board
under ORS 684.090, 684.100, 684.112, 684.150 and 684.155 and who provides
information in good faith shall not be subject to an action for civil
damages as a result thereof. [Amended by 1953 c.556 §2; 1971 c.734 §129;
1973 c.265 §1; 1975 c.492 §5; 1979 c.744 §56; 1985 c.354 §5; 1987 c.376
§3; 1987 c.726 §3; 1989 c.224 §135; 1989 c.565 §1; 1991 c.892 §7; 1997
c.791 §36; 2005 c.730 §§45,84b] (1)
In addition to or instead of any disciplinary action under ORS 684.100,
the State Board of Chiropractic Examiners may refer an impaired
chiropractic physician to a board-approved diversion program.
(2) The program administrator shall report to the board and provide
all pertinent information concerning an impaired chiropractic physician
who is referred to the program. [1997 c.264 §3]Note: 684.103 was added to and made a part of ORS chapter 684 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) Where the
State Board of Chiropractic Examiners proposes to refuse to issue a
license, or proposes to revoke or suspend a license, opportunity for
hearing shall be accorded as provided in ORS chapter 183.
(2) Judicial review of orders under subsection (1) of this section
shall be in accordance with ORS chapter 183. [1971 c.734 §131]A person licensed to practice chiropractic under the laws
of another state is exempt from the licensure requirement in ORS 684.020
if that person:
(1) Is practicing in Oregon on a single, temporary assignment for a
specific sporting, performing arts or educational event not to exceed 15
days; and
(2) Is actively engaged in the practice of chiropractic in the
state in which the person is licensed. [1995 c.499 §2]A person licensed under this chapter,
who is also licensed to practice any other healing art, shall maintain
in-office and patient records and files, the services provided to the
patient, diagnostic and therapeutic procedures employed, the nature of
such procedures and services and whether such procedures and services
were rendered as a chiropractor. Such records pertaining to a specific
complaint shall be submitted to the State Board of Chiropractic Examiners
for inspection at its request. [1975 c.492 §8]STATE BOARD(1) There is
established the State Board of Chiropractic Examiners. The board shall be
composed of five chiropractors and two public members who are residents
of this state. The chiropractor members must have practiced chiropractic
in this state for one year prior to appointment. Annually, upon the
expiration of the term of any members of the board, the Governor shall
appoint one or more qualified persons to the board to serve for a period
of three years.
(2) The Governor shall fill vacancies on the board, occasioned by
death or otherwise. Upon sufficient proof to the Governor of the
inability or misconduct of a member of the board, the member shall be
dismissed and the Governor shall appoint as successor a person qualified
to fill the vacancy.
(3) All appointments of members of the board by the Governor are
subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565. [Amended by 1971 c.650 §33; 1973 c.792 §39; 1975
c.492 §10; 1991 c.892 §8; 1997 c.264 §11] The State Board of Chiropractic
Examiners shall annually elect a president, a vice president and a
secretary-treasurer from its membership. The board shall keep a record of
the proceedings of the board which shall be open to public inspection at
all times during business hours. [Amended by 1991 c.892 §9] (1) The State Board of
Chiropractic Examiners shall adopt a seal which shall be affixed to all
licenses issued by it. The board shall from time to time adopt such rules
as it deems proper and necessary for the administration of this chapter
and the performance of its work. Upon receipt of a complaint, the board
has authority to make investigations, administer oaths, take affidavits,
summon witnesses, and require the production of evidence, documents and
records pertaining to the complaint. The board may also take testimony as
to matters pertaining to its duties and for the administration of this
chapter. A majority of the board constitutes a quorum.
(2) The board shall meet as a board of examiners during the months
of January and July each year on such days and at such times and places
as may be found necessary for the performance of its duties.
(3) The board shall adopt a schedule of minimum educational
requirements, which shall be without prejudice or discrimination as to
the different colleges teaching chiropractic. [Amended by 1975 c.492 §6;
1987 c.376 §4; 2001 c.598 §2a] In addition to any other
powers granted by this chapter, the State Board of Chiropractic Examiners
may:
(1) Adopt necessary and proper rules:
(a) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications of applicants for licenses to practice in this state.
(b) To enforce the provisions of this chapter and to exercise
general supervision over the practice of chiropractic within this state.
(c)(A) To establish standards and procedures to certify ancillary
personnel as qualified to provide physiotherapy, electrotherapy or
hydrotherapy under the direction of a chiropractic physician, and to
establish continuing education requirements as a condition of maintaining
such certification.
(B) As used in this paragraph, “ancillary personnel” means a
chiropractic physician’s staff personnel who are directed or designated,
by spoken or written words or other means, to follow and carry out the
chiropractic physician’s orders or directions.
(2) Issue, deny, suspend and revoke licenses and limited licenses,
assess costs of proceedings and place persons on probation as provided in
this chapter.
(3) Without the necessity of prior administrative proceedings or
hearing and entry of an order or at any time during such proceedings if
they have been commenced, institute proceedings to enjoin the practice of
any person operating in violation of this chapter.
(4) Make its personnel and facilities available to other regulatory
agencies of this state, or other bodies interested in the development and
improvement of the practice of chiropractic in this state, upon such
terms and conditions for reimbursement as are agreed to by the board and
the other agency or body.
(5) Determine the chiropractic schools, colleges and institutions
and the training acceptable in connection with licensing under this
chapter and approve residency, internship and other training programs
carried on by chiropractic schools, colleges or institutions or
chiropractic facilities.
(6) Prescribe the time, place, method, manner, scope and subjects
of examinations under this chapter.
(7) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of photographs and
relevant personal history data by applicants for licenses to practice
chiropractic in this state.
(8) For the purpose of requesting a state or nationwide criminal
records check under ORS 181.534 require each applicant for a license or
certification, or renewal of a license or certification, to be
fingerprinted.
(9) Subject to ORS 684.150, administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the manner
authorized by ORS 183.440, hold hearings and perform such other acts as
are reasonably necessary to carry out its duties under this chapter.
(10) Establish specialty certificate requirements within the
practice of chiropractic, adopt rules applicable to specialty
certification and require specialty certification for chiropractic
physicians engaging in practices identified by the board as requiring
specialty certification. [1975 c.492 §9; 1987 c.726 §11; 1989 c.805 §4;
1991 c.892 §10; 1995 c.493 §8; 1997 c.264 §12; 2001 c.598 §2b; 2005 c.730
§46]The lapse, suspension or
revocation of a license issued under ORS chapter 684 by the operation of
law or by order of the State Board of Chiropractic Examiners or by the
decision of a court of law, or the voluntary surrender of a license by a
licensee, shall not deprive the board of jurisdiction to proceed with any
investigation of or any action or disciplinary proceeding against the
licensee or to revise or render null and void an order of disciplinary
action against the licensee. [2001 c.598 §5]Note: 684.156 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 684 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The State Board of Chiropractic Examiners may enter
into contracts to make services available to impaired chiropractic
physicians and may, in accordance with ORS chapter 183, adopt rules for
the administration of a diversion program for impaired chiropractic
physicians. [1997 c.264 §2] (1) A member is
entitled to compensation and expenses as provided in ORS 292.495.
(2) Such per diem and mileage, and other incidental expenses
necessarily connected with the State Board of Chiropractic Examiners
shall be paid out of the account of the State Board of Chiropractic
Examiners and not otherwise. [Amended by 1967 c.10 §2; 1969 c.314 §85] All moneys
received by the State Board of Chiropractic Examiners under this chapter
shall be paid into the General Fund in the State Treasury and placed to
the credit of the State Board of Chiropractic Examiners Account which is
hereby established and such moneys are appropriated continuously and
shall be used only for the administration and enforcement of this
chapter. [1973 c.427 §26 (enacted in lieu of 684.710); 1991 c.892 §11](1) The State Board of Chiropractic
Examiners shall appoint and form peer review committees. The peer review
committee shall evaluate complaints against chiropractic physicians that
are referred to it by the board and report to the board regarding those
complaints.
(2) The members of a peer review committee shall be appointed from
among those in the profession who are in active practice with five or
more years of practice representing various geographic areas in this
state. Members shall be representative of affiliated and nonaffiliated
chiropractic physicians and representative of various aspects of the
practice of chiropractic. To be appointed a member must receive at least
four votes from members of the state board. Members shall serve
three-year terms. No member may serve more than two consecutive terms.
(3) The peer review process shall be governed by rules of the state
board adopted pursuant to ORS chapter 183. The state board shall provide
appropriate training for members of peer review committees.
(4) Members of a peer review committee acting pursuant to this
section are agents of the state board and are subject to provisions of
ORS 30.260 to 30.300.
(5) Peer review shall not be used to replace independent medical
examinations.
(6) Upon receipt of a complaint under this chapter, the peer review
committee shall conduct an investigation as described under ORS 676.165.
(7) Any information provided to a peer review committee in the
performance of its duties is confidential and shall not be subject to
public disclosure or admissible as evidence in any judicial proceeding,
except that as a part of a peer review report, this information may be
disclosed to the state board and the person being reviewed who may then
use the information in any disciplinary or court proceeding brought by
the board. Peer review committee information that becomes part of the
record of a board investigation into licensee or applicant conduct or
part of a contested case proceeding, consent order or stipulated
agreement involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
(8) Any person who reports or provides information to a peer review
committee in the performance of its duties and who provides information
in good faith shall not be subject to an action for civil damages as a
result thereof. [1987 c.376 §5; 1991 c.892 §12; 1997 c.264 §13; 1997
c.791 §37; 2001 c.598 §3]Note: 684.185 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 684 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ENFORCEMENT (1) The district attorneys shall
prosecute all persons charged with violation of any of the provisions of
this chapter. The executive director of the State Board of Chiropractic
Examiners, under the direction of the board, shall aid the district
attorneys in the enforcement of this chapter.
(2) The justice courts of the several counties have concurrent
jurisdiction with the circuit courts in the enforcement of this chapter.
[Amended by 1991 c.892 §13; 1995 c.658 §113](1) Any licensee licensed by the
State Board of Chiropractic Examiners shall, and any other person may,
report to the board any suspected violations of this chapter.
(2) Information pertaining to the report required by subsection (1)
of this section shall remain confidential and not be subject to public
disclosure except as considered necessary by the board in the enforcement
of this chapter.
(3) Any person who reports or provides information to the board
under this section in good faith shall not be subject to an action for
civil damages as a result thereof. [1985 c.354 §7; 1991 c.892 §14]PENALTIESViolation of ORS 684.020 (1) is a Class A
misdemeanor. [Amended by 2001 c.598 §4]
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