1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2806 By: Kendrix
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6 AS INTRODUCED
7 An Act relating to sunset; amending 59 O.S. 2021,
Section 161.4, which relates to the Board of
8 Chiropractic Examiners; re-creating the Board; and
modifying termination date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 161.4, is
14 amended to read as follows:
15 Section 161.4 A. A Board of Chiropractic Examiners is hereby
16 re-created to continue until July 1, 2023 2029, in accordance with
17 the provisions of the Oklahoma Sunset Law. The Board shall regulate
18 the practice of chiropractic in this state in accordance with the
19 provisions of the Oklahoma Chiropractic Practice Act. The Board,
20 appointed by the Governor, shall be composed of eight chiropractic
21 physicians and one lay member representing the public.
22 B. Each chiropractic physician member of the Board shall:
23 1. Be a legal resident of this state;
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1 2. Have practiced chiropractic continuously in this state
2 during the five (5) years immediately preceding appointment to the
3 Board;
4 3. Be free of pending disciplinary action or active
5 investigation by the Board;
6 4. Be a person of recognized professional ability, integrity
7 and good reputation; and
8 5. Be in active clinical chiropractic practice at least fifty
9 percent (50%) of the time.
10 C. The lay member of the Board shall:
11 1. Be a legal resident of this state; and
12 2. Not be a registered or licensed practitioner of any of the
13 healing arts or be related within the third degree of consanguinity
14 or affinity to any such person.
15 D. The Governor shall appoint members to the Board and for
16 terms of years as follows:
17 1. Position 1: Upon expiration of the term of the board member
18 whose term expires November 2, 2006, the Governor shall appoint a
19 board member from District 1 for a term of four (4) years to expire
20 on November 1, 2010, and every four (4) years thereafter;
21 2. Position 2: Upon expiration of the term of the board member
22 whose term expires November 1, 2005, the Governor shall appoint a
23 board member from District 2 for a term of four (4) years to expire
24 on November 1, 2009, and every four (4) years thereafter;
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1 3. Position 3: Upon expiration of the term of the board member
2 whose term expires June 7, 2007, the Governor shall appoint a board
3 member from District 3 for a term of four (4) years to expire on
4 June 1, 2011, and every four (4) years thereafter;
5 4. Position 4: Upon expiration of the term of the board member
6 whose term expires November 1, 2007, the Governor shall appoint a
7 board member from District 4 for a term of four (4) years to expire
8 on November 1, 2011, and every four (4) years thereafter;
9 5. Position 5: Upon expiration of the term of the board member
10 whose term expires June 7, 2008, the Governor shall appoint a board
11 member from District 5 for a term of four (4) years to expire on
12 June 1, 2012, and every four (4) years thereafter;
13 6. Position 6: On June 1, 2005, the Governor shall appoint a
14 board member from District 6 for a term of one (1) year to expire on
15 June 1, 2006, and every four (4) years thereafter;
16 7. Position 7: On November 1, 2005, the Governor shall appoint
17 a board member from District 7 for a term of three (3) years to
18 expire on November 1, 2008, and every four (4) years thereafter;
19 8. Position 8: Upon expiration of the term of the board member
20 whose term expires June 7, 2005, the Governor shall appoint a board
21 member from the state at large for a term of four (4) years to
22 expire on June 1, 2009, and every four (4) years thereafter; and
23 9. Position 9: The lay member of the Board shall serve a term
24 coterminous with that of the Governor.
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1 E. For the purpose of the Oklahoma Chiropractic Practice Act,
2 the state shall be divided into the following districts:
3 1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron,
4 Custer, Dewey, Ellis, Grant, Greer, Garfield, Harmon, Harper,
5 Jackson, Kiowa, Major, Noble, Roger Mills, Texas, Washita, Woods and
6 Woodward Counties;
7 2. District 2: Tulsa County;
8 3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and
9 Pottawatomie Counties;
10 4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love,
11 Murray, Jefferson, Stephens and Tillman Counties;
12 5. District 5: Blaine, Canadian, Cleveland, Kingfisher,
13 McClain and Oklahoma Counties;
14 6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes,
15 Johnston, Latimer, LeFlore, Marshall, McCurtain, Okfuskee,
16 Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
17 7. District 7: Adair, Cherokee, Craig, Delaware, Haskell,
18 Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers,
19 Sequoyah, Wagoner and Washington Counties.
20 Members appointed after June 2002 shall serve no more than two (2)
21 consecutive terms.
22 F. Each member shall hold office until the expiration of the
23 term of office for which appointed or until a qualified successor
24 has been duly appointed. An appointment shall be made by the
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1 Governor within ninety (90) days after the expiration of the term of
2 any member, or the occurrence of a vacancy on the Board due to
3 resignation, death, or any other cause resulting in an unexpired
4 term.
5 G. Before assuming duties on the Board, each member shall take
6 and subscribe to the oath or affirmation provided in Article XV of
7 the Oklahoma Constitution, which oath or affirmation shall be
8 administered and filed as provided in the article.
9 H. A member may be removed from the Board by the Governor for
10 cause which shall include, but not be limited to:
11 1. Ceasing to be qualified;
12 2. Being found guilty by a court of competent jurisdiction of a
13 felony or any offense involving moral turpitude;
14 3. Being found guilty, through due process, of malfeasance,
15 misfeasance or nonfeasance in relation to Board duties;
16 4. Being found mentally incompetent by a court of competent
17 jurisdiction;
18 5. Being found in violation of any provision of the Oklahoma
19 Chiropractic Practice Act; or
20 6. Failing to attend three meetings of the Board without just
21 cause, as determined by the Board.
22 I. No member of the Board shall be:
23 1. A registered lobbyist;
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1 2. An officer, board member or employee of a statewide
2 organization established for the purpose of advocating the interests
3 of chiropractors licensed pursuant to the Oklahoma Chiropractic
4 Practice Act; or
5 3. An insurance claims adjuster, reviewer, or consultant;
6 provided, however, a person shall not be considered to be a
7 consultant solely for testifying in court as an expert witness.
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9 59-1-5989 LRB 01/07/23
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