Okla. Stat. tit. 59, § 59-161.6

A. Pursuant to and in compliance with Article I of the

Administrative Procedures Act, the Board of Chiropractic Examiners

shall have the power to formulate, adopt and promulgate rules as may

be necessary to regulate the practice of chiropractic in this state

and to implement and enforce the provisions of the Oklahoma

Chiropractic Practice Act.

B. The Board is authorized and empowered to:

1. Establish and maintain a procedure or system for the

certification or accreditation of chiropractic physicians who are

qualified in chiropractic post-doctorate Diplomate and all other

chiropractic specialties;

2. Establish a registration system and adopt and enforce

standards for the education and training of chiropractic physicians

who engage in the business of issuing professional opinions on the

condition, prognosis or treatment of a patient;

3. Adopt and enforce standards governing the professional

conduct of chiropractic physicians, consistent with the provisions

of the Oklahoma Chiropractic Practice Act, for the purpose of

establishing and maintaining a high standard of honesty, dignity,

integrity and proficiency in the profession;

4. Lease office space for the purpose of operating and

maintaining a state office, and pay the rent thereon; provided,

however, such state office shall not be located in or directly

adjacent to the office of any practicing chiropractic physician;

5. Purchase office furniture, equipment and supplies;

6. Employ an Executive Director who shall serve as the Chief

Administrative Officer of the agency. The Executive Director shall

have the authority to employ other persons as necessary to maintain

the operations of the Board and shall perform such other duties as

the Board may prescribe;

7. Employ legal counsel, as needed, to represent the Board in

all legal matters and to assist authorized state officers in

prosecuting or restraining violations of the Oklahoma Chiropractic

Practice Act, and pay the fees for such services;

8. Order or subpoena the attendance of witnesses, the

inspection of records and premises and the production of relevant

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books and papers for the investigation of matters that may come

before the Board;

9. Employ or contract with one or more investigators, as

needed, for the sole purpose of investigating written complaints

regarding the conduct of chiropractic physicians, and fix and pay

their salaries or wages. Any investigator shall be certified as a

peace officer by the Council on Law Enforcement Education and

Training and shall have statewide jurisdiction to perform the duties

authorized by this section;

10. Pay the costs of such research programs in chiropractic as

in the determination of the Board would be beneficial to the

chiropractic physicians in this state;

11. Establish minimum standards for continuing education

programs administered by chiropractic associations pursuant to

Section 161.11 of this title;

12. Make such other expenditures as may be necessary in the

performance of its duties;

13. Establish appropriate fees and charges to implement the

provisions of the Oklahoma Chiropractic Practice Act;

14. Establish policies for Board operations;

15. Determine and direct Board operating administrative,

personnel and budget policies and procedures in accordance with

applicable statutes;

16. Provide travel expenses for at least the Executive Director

and provide travel expenses for members of the Board to attend an

annual national conference. The Board shall give each member the

opportunity to attend the annual national conference;

17. Require applicants for an original license to submit to a

national criminal history record check pursuant to Section 150.9 of

Title 74 of the Oklahoma Statutes. The costs associated with the

national criminal history record check shall be paid directly by the

applicant;
annual national conference. The Board shall give each member the

opportunity to attend the annual national conference;

17. Require applicants for an original license to submit to a

national criminal history record check pursuant to Section 150.9 of

Title 74 of the Oklahoma Statutes. The costs associated with the

national criminal history record check shall be paid directly by the

applicant;

18. Out-of-state licensed chiropractic physicians may travel

into Oklahoma to treat patients for special events including, but

not limited to, sporting events and state emergencies, and to assist

in treating patients for those chiropractic physicians who are

unable to practice for medical reasons within the borders of

Oklahoma after properly registering with the Board of Chiropractic

Examiners; and

19. The Board of Chiropractic Examiners, by rule, shall

promulgate a code of ethics.

C. The Board shall promulgate rules regarding continuing

education seminars or courses or license renewal seminars or courses

including, but not limited to, the qualifications of an applicant,

association or entity seeking to sponsor a seminar or course, where

the association or entity is domiciled, whether the association or

entity is classified as a nonprofit organization, and the

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educational experience of instructors applying to conduct a seminar

or course. The Board shall also promulgate rules regarding

certified chiropractic assistants.

D. 1. The Board shall appoint an Advisory Committee of a

minimum of four and no more than six chiropractic physicians and one

lay member representing the public who may advise and assist the

Board in:

a. investigating the qualifications of applicants for an

original license to practice chiropractic in this

state,

b. investigating written complaints regarding the conduct

of chiropractic physicians, including alleged

violations of the Oklahoma Chiropractic Practice Act

or of the rules of the Board, and

c. such other matters as the Board shall delegate to

them.

2. The Advisory Committee shall be selected from a list of ten

chiropractic physicians and three lay persons submitted by each

chiropractic association or society in this state or any

unaffiliated chiropractic physician desiring to submit a list. The

term of service for members of the Advisory Committee shall be

determined by the Board. Members of the Advisory Committee shall be

reimbursed for all actual and necessary expenses incurred in the

performance of their duties in accordance with the State Travel

Reimbursement Act.

E. 1. After an initial complaint is received by the Board, the

Executive Director and the Chair of the Advisory Committee, or

designee, shall determine whether the complaint merits further

investigation. If a determination is made that the complaint merits

further investigation, the Executive Director, in consultation with

the Chair of the Advisory Committee, or designee, shall assign the

complaint to an investigator. The focus and scope of an

investigation shall pertain only to the subject of the complaint.

2. The complaint and findings of the investigator shall be

presented to the Advisory Committee for review. The Advisory

Committee, in consultation with the Board's prosecuting attorney,

shall make an informal recommendation for disposition of the

complaint to the Board.

F. 1. The Board, its employees, appointed committee members,

independent contractors or other agents of the Board shall keep

confidential the complaint and information obtained during an

investigation into violations of the Oklahoma Chiropractic Practice

Act; provided, however, such information may be introduced by the

state in administrative proceedings before the Board and the

information then becomes a public record.

2. The complaint and information obtained during the

investigation but not introduced in administrative proceedings shall
and information obtained during an

investigation into violations of the Oklahoma Chiropractic Practice

Act; provided, however, such information may be introduced by the

state in administrative proceedings before the Board and the

information then becomes a public record.

2. The complaint and information obtained during the

investigation but not introduced in administrative proceedings shall

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not be subject to subpoena or discovery in any civil or criminal

proceedings, except that the Board may give such information to law

enforcement and other state agencies as necessary and appropriate in

the discharge of the duties of that agency and only under

circumstances that ensure against unauthorized access to the

information.

3. The respondent may acquire information obtained during an

investigation, unless the disclosure of the information is otherwise

prohibited, except for the investigative report, if the respondent

signs a protective order whereby the respondent agrees to use the

information solely for the purpose of defense in the Board

proceeding and in any appeal therefrom and agrees not to otherwise

disclose the information.

G. The Board shall promulgate rules regarding the issuance of

field citations and the assessment of administrative penalties no

later than July 1, 2012. Administrative penalties for field

citations shall not exceed Two Hundred Fifty Dollars ($250.00) for a

first offense and One Thousand Dollars ($1,000.00) for a second or

subsequent offense.

H. The forfeiture, nonrenewal, surrender or voluntary

relinquishment of a license by a licensee shall not bar jurisdiction

by the Board to proceed with any investigation, action or proceeding

to revoke, suspend, condition or limit the licensee's license or

fine the licensee.