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Oklahoma Legislature· HB 3762Referred to Public Health

An act relating to professions and occupations, the official text

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1                    STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3762               By: Turner

4

5

6                               AS INTRODUCED

7   An Act relating to professions and occupations;

    amending 59 O.S. 2021, Section 161.2, which relates

8   to the scope of chiropractic practice; modifying

    references to accredited colleges; amending 59 O.S.

9   2021, Section 161.3, which relates to definitions of

    chiropractic practice; modifying references to

10  accredited colleges; amending 59 O.S. 2021, Section

    161.7, which relates to licenses and examinations;

11  modifying references to accredited colleges; amending

    59 O.S. 2021, Section 161.8, which relates to

12  chiropractic examination subjects; modifying

    reference to accredited colleges; amending 59 O.S.

13  2021, Section 161.12, which relates to penalties;

    removing serums from certain penalties; providing

14  regulations for administering certain supplements;

    providing for codification; and providing an

15  effective date.

16

17

18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

19  SECTION 1.      AMENDATORY  59 O.S. 2021, Section 161.2, is

20 amended to read as follows:

21  Section 161.2. A. Chiropractic is the science and art that

22 teaches health in anatomic relation and disease or abnormality in

23 anatomic disrelation, and includes hygienic, sanitary and

24 therapeutic measures incident thereto in humans. The scope of

    Req. No. 15723                                                Page 1
1 practice of chiropractic shall include those diagnostic and

2 treatment services and procedures which have been taught by an

3 accredited chiropractic college and or have been approved by the

4 Board of Chiropractic Examiners.

5   B. A chiropractic physician may engage in the practice of

6 animal chiropractic diagnosis and treatment if certified to do so by

7 the Board. A licensed chiropractic physician may provide

8 chiropractic treatment to an animal without being certified in

9 animal chiropractic diagnosis and treatment by the Board if an

10 animal has been referred to the chiropractic physician by a licensed

11 veterinarian in writing.

12  SECTION 2.      AMENDATORY      59 O.S. 2021, Section 161.3, is

13 amended to read as follows:

14  Section 161.3. As used in the Oklahoma Chiropractic Practice

15 Act, these words, phrases or terms, unless the context otherwise

16 indicates, shall have the following meanings:

17  1. "Accredited chiropractic college" means a chiropractic

18 educational institution which is accredited by an accrediting agency

19 recognized by the U.S. Department of Education;

20  2. "Animal chiropractic diagnosis and treatment" means

21 treatment that includes vertebral subluxation complex (vsc) and

22 spinal manipulation of nonhuman vertebrates. The term "animal

23 chiropractic diagnosis and treatment" shall not be construed to

24 allow the:

    Req. No. 15723                                                  Page 2
1   a. use of X-rays,

2   b. performing of surgery,

3   c. dispensing or administering of medications, or

4   d. performance of traditional veterinary care;

5   3. "Applicant" means any person submitting an application for

6 licensure to the Board;

7   4. "Board" means the Board of Chiropractic Examiners;

8   5. "Certified chiropractic assistant" means an unlicensed

9 member of a chiropractic physician's team of healthcare workers who

10 may assist a chiropractic physician in the performance of

11 examination and therapeutic procedures and techniques necessary to

12 deliver healthcare services to patients within the scope of

13 chiropractic and has been certified by the Board;

14  6. "Chiropractic physician", "chiropractor", "doctor of

15 chiropractic", "practitioner of chiropractic" and "licensee" are

16 synonymous and mean a person holding an original license to practice

17 chiropractic in this state;

18  7. "Examination" means the process used by the Board, prior to

19 the issuance of an original license, to test the qualifications and

20 knowledge of an applicant on any or all of the following: current

21 statutes, rules or any of those subjects listed in Section 161.8 of

22 this title;

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    Req. No. 15723                                              Page 3
1   8. "Intern" means a student at an accredited chiropractic

2 college who is participating in the Chiropractic Undergraduate

3 Preceptorship Program;

4   9. "Nonclinical" means of a business nature including, but not

5 limited to, practice management, insurance information, and computer

6 information. It shall also mean the discussion of philosophy as it

7 relates to the performance of chiropractic;

8   10. "Original license" means a license granting initial

9 authorization to practice chiropractic in this state issued by the

10 Board to an applicant found by the Board to meet the licensing

11 requirements of the Oklahoma Chiropractic Practice Act, by

12 examination pursuant to Section 161.7 of this title, or by

13 relocation of practice pursuant to Section 161.9 of this title;

14  11. "Preceptor" means a chiropractic physician who is

15 participating in the Chiropractic Undergraduate Preceptorship

16 Program;

17  12. "Relocation of practice" means the recognition and approval

18 by the Board, prior to the issuance of an original license, of the

19 chiropractic licensing process in another state, country, territory

20 or province; and

21  13. "Renewal license" means a license issued to a chiropractic

22 physician by the Board, on or before the first day of July of each

23 year, which authorizes such licensee to practice chiropractic in

24 this state during the succeeding calendar year.

    Req. No. 15723                                                  Page 4
1   SECTION 3.      AMENDATORY     59 O.S. 2021, Section 161.7, is

2 amended to read as follows:

3   Section 161.7. A. 1. Applications for an original license by

4 examination to practice chiropractic in this state shall be made to

5 the Board of Chiropractic Examiners in writing on a form and in a

6 manner prescribed by the Board.

7   2. The application shall be accompanied by a fee of Three

8 Hundred Dollars ($300.00), which shall not be refundable under any

9 circumstances.

10  3. If the application is disapproved by the Board, the

11 applicant shall be so notified by the Executive Director, with the

12 reason for such disapproval fully stated in writing.

13  4. If the application is approved, the applicant may take an

14 examination administered by the Board for the purpose of securing an

15 original license. The Board may accept a passing score on an

16 examination administered by the National Board of Chiropractic

17 Examiners taken by the applicant or may require the applicant to

18 take an examination administered by the Board or both.

19  5. Prior to approval of an application, the Board may authorize

20 the Executive Director to issue a temporary license to an applicant

21 who has submitted a completed application and who, upon payment of

22 the examination fee, has passed the required examination with a

23 score acceptable to the Board. A temporary license shall authorize

24 the applicant to practice chiropractic in Oklahoma between the

    Req. No. 15723                                                  Page 5
1 submission of the application and the applicant's approval for

2 licensure by the Board. A temporary license shall expire upon the

3 Board's approval of a permanent license or ten (10) calendar days

4 following the Board's denial of an application for a permanent

5 license.

6       B. Applicants for an original license to practice chiropractic

7 in this state shall submit to the Board of Chiropractic Examiners

8 documentary evidence of completion of:

9       1. A course of resident study of not less than four (4) years

10 of nine (9) months each in an accredited chiropractic college. A

11 senior student at an accredited chiropractic college may make

12 application for an original license by examination prior to

13 graduation, but such a license shall not be issued until documentary

14 evidence of the graduation of the student from the college has been

15 submitted to the Board;

16      2. Parts I, II, III, IV and physiotherapy as administered by

17 the National Board of Chiropractic Examiners with a passing score;

18 and

19      3. Passing a jurisprudence examination approved by the Board

20 with a score of seventy-five percent (75%) or better.

21      C. Each applicant shall be a graduate of an accredited

22 chiropractic college. For those graduating from a chiropractic

23 program outside the United States, the applicants must have

24 completed an educational program leading to a degree in chiropractic

    Req. No. 15723                                                 Page 6
1 from an institution authorized to operate by the government having

2 jurisdiction in which it is domiciled.

3   D. All credentials, diplomas, and other required documentation

4 in a foreign language submitted to the Board by such applicants

5 shall be accompanied by notarized English translations.

6   E. International applicants shall provide satisfactory evidence

7 of meeting the requirements for permanent residence or temporary

8 nonimmigrant status as set forth by the United States Citizenship

9 and Immigration Services.

10  F. Effective January 1, 2006, out-of-state licensed applicants

11 shall submit to the Board documentary evidence that the applicant

12 has malpractice insurance. New applicants shall submit to the Board

13 documentary evidence that the applicant has malpractice insurance

14 within six (6) months of obtaining their Oklahoma license.

15  G. An applicant for an original license shall:

16  1. Inform the Board as to whether the person has previously

17 been licensed in Oklahoma and whether the license was revoked or

18 surrendered;

19  2. Inform the Board as to whether the applicant has ever been

20 licensed in another jurisdiction and whether any disciplinary action

21 was taken against the applicant;

22  3. Provide full disclosure to the Board of any criminal

23 proceeding taken against the applicant including, but not limited

24 to, pleading guilty or nolo contendere to, receiving a deferred

    Req. No. 15723                                                  Page 7
1 sentence for, or being convicted of a felony crime that

2 substantially relates to the practice of chiropractic and poses a

3 reasonable threat to public safety; and

4   4. If requested, appear before the Board for a personal

5 interview.

6   H. No later than one (1) year after receiving a license to

7 practice in Oklahoma, chiropractic physicians shall complete an

8 orientation course of training approved by the Board. The

9 orientation course hours shall count as continuing education credits

10 for the year in which they were earned. An association may provide

11 the orientation course of training.

12  I. The Board may issue an original license to those applicants

13 who have passed the required examination with a score acceptable to

14 the Board and who meet all other requirements set forth by the

15 Board. No license fee shall be charged by the Board for the balance

16 of the calendar year in which such a license is issued.

17  J. In addition to an applicant's failure to meet any other

18 requirements imposed by this section or other applicable law, the

19 Board may deny a license or impose probationary conditions if an

20 applicant has:

21  1. Pleaded guilty or nolo contendere to, received a deferred

22 sentence for, or been convicted of a felony crime that substantially

23 relates to the practice of chiropractic and poses a reasonable

24 threat to public safety;

    Req. No. 15723                                                 Page 8
1   2. Been the subject of disciplinary action by the Board; or

2   3. Been the subject of disciplinary action in another

3 jurisdiction.

4   K. As used in this section:

5   1. "Substantially relates" means the nature of criminal conduct

6 for which the person was convicted has a direct bearing on the

7 fitness or ability to perform one or more of the duties or

8 responsibilities necessarily related to the occupation; and

9   2. "Poses a reasonable threat" means the nature of criminal

10 conduct for which the person was convicted involved an act or threat

11 of harm against another and has a bearing on the fitness or ability

12 to serve the public or work with others in the occupation.

13  SECTION 4.      AMENDATORY   59 O.S. 2021, Section 161.8, is

14 amended to read as follows:

15  Section 161.8. If an examination is administered by the Board

16 of Chiropractic Examiners, it shall include those technical,

17 professional and practical subjects that relate to the practice of

18 chiropractic including, but not limited to, chiropractic principles,

19 anatomy, histology, physiology, symptomatology, orthopedia,

20 chemistry, spinography, diagnosis, sanitation and hygiene,

21 pathology, public health service and adjustology. The Board shall

22 also examine each applicant in the art of chiropractic adjusting, x-

23 ray, diagnostic laboratory procedures, physiological therapeutics

24 and other subjects taught by accredited chiropractic colleges.

    Req. No. 15723                                                 Page 9
1   SECTION 5.        AMENDATORY  59 O.S. 2021, Section 161.12, is

2 amended to read as follows:

3   Section 161.12. A. The Board of Chiropractic Examiners is

4 authorized, after notice and an opportunity for a hearing pursuant

5 to Article II of the Administrative Procedures Act, to issue an

6 order imposing one or more of the following penalties whenever the

7 Board finds, by clear and convincing evidence, that a chiropractic

8 physician has committed any of the acts or occurrences set forth in

9 subsection B of this section:

10  1. Disapproval of an application for a renewal license;

11  2. Revocation or suspension of an original license or renewal

12 license, or both;

13  3. Restriction of the practice of a chiropractic physician

14 under such terms and conditions as deemed appropriate by the Board;

15  4. An administrative fine not to exceed One Thousand Dollars

16 ($1,000.00) for each count or separate violation;

17  5. A censure or reprimand;

18  6. Placement of a chiropractic physician on probation for a

19 period of time and under such terms and conditions as the Board may

20 specify, including requiring the chiropractic physician to submit to

21 treatment, to attend continuing education courses, to submit to

22 reexamination, or to work under the supervision of another

23 chiropractic physician; and

24

    Req. No. 15723                                             Page 10
1   7. The assessment of costs expended by the Board in

2 investigating and prosecuting a violation. The costs may include,

3 but are not limited to, staff time, salary and travel expenses,

4 witness fees and attorney fees, and shall be considered part of the

5 order of the Board.

6   B. The following acts or occurrences by a chiropractic

7 physician shall constitute grounds for which the penalties specified

8 in subsection A of this section may be imposed by order of the

9 Board:

10  1. Pleading guilty or nolo contendere to, or being convicted

11 of, a felony, a misdemeanor involving moral turpitude, or a

12 violation of federal or state controlled dangerous substances laws.

13 A copy of the judgment and sentence of the conviction, duly

14 certified by the clerk of the court in which the conviction was

15 obtained, and a certificate of the clerk that the conviction has

16 become final, shall be sufficient evidence for the imposition of a

17 penalty;

18  2. Being habitually drunk or habitually using habit-forming

19 drugs;

20  3. Using advertising in which statements are made that are

21 fraudulent, deceitful or misleading to the public;

22  4. Aiding or abetting any person not licensed to practice

23 chiropractic in this state to practice chiropractic, except students

24 who are regularly enrolled in an accredited chiropractic college;

    Req. No. 15723                                                Page 11
1   5. Performing or attempting to perform major or minor surgery

2 in this state, or using electricity in any form for surgical

3 purposes, including cauterization;

4   6. Using or having in a chiropractic physician's possession any

5 instrument for treatment purposes, the use or possession of which

6 has been prohibited or declared unlawful by any agency of the United

7 States or the State of Oklahoma;

8   7. Unlawfully possessing, prescribing or administering any

9 drug, medicine, serum or vaccine. This section shall not prevent a

10 chiropractic physician from possessing, prescribing or

11 administering, by a needle or otherwise, vitamins, minerals or

12 nutritional supplements, or from practicing within the scope of the

13 science and art of chiropractic as defined in Section 161.2 of this

14 title;

15  8. Advertising or displaying, directly or indirectly, any

16 certificate, diploma or other document which conveys or implies

17 information that the person is skilled in any healing art other than

18 chiropractic unless the chiropractic physician also possesses a

19 valid current license in said healing art;

20  9. Obtaining an original license or renewal license in a

21 fraudulent manner;

22  10. Violating any provision of the Unfair Claims Settlement

23 Practices Act or any rule promulgated pursuant thereto;

24

    Req. No. 15723                                                 Page 12
1   11. Willfully aiding or assisting an insurer, as defined in

2 Section 1250.2 of Title 36 of the Oklahoma Statutes, or an

3 administrator, as defined in Section 1442 of Title 36 of the

4 Oklahoma Statutes, to deny claims which under the terms of the

5 insurance contract are covered services and are medically necessary;

6   12. Violating any provision of the Oklahoma Chiropractic

7 Practice Act; or

8   13. Violating any of the rules of the Board.

9   C. Any chiropractic physician against whom a penalty is imposed

10 by an order of the Board under the provisions of this section shall

11 have the right to seek a judicial review of the order pursuant to

12 Article II of the Administrative Procedures Act.

13  D. The Board is authorized to issue a confidential letter of

14 concern to a chiropractic physician when, though evidence does not

15 warrant initiation of an individual proceeding, the Board has noted

16 indications of possible errant conduct by the chiropractic physician

17 that could lead to serious consequences and formal action by the

18 Board.

19  E. If no order imposing a penalty against a chiropractic

20 physician is issued by the Board within three (3) years after a

21 complaint against the chiropractic physician is received by the

22 Board, the complaint and all related documents shall be expunged

23 from the records of the Board.

24

    Req. No. 15723                                                Page 13
1   SECTION 6.      AMENDATORY  59 O.S. 2021, Section 161.15, is

2 amended to read as follows:

3   Section 161.15. Doctors of chiropractic shall be bound by all

4 the provisions of the Oklahoma Public Health Code that apply to

5 them, and shall be qualified to sign:

6   1. Death certificates, pursuant to Section 1-317 of Title 63 of

7 the Oklahoma Statutes; and

8   2. All other certificates, including those relating to public

9 health, the same as doctors of medicine and surgery and doctors of

10 osteopathic medicine, and with like effect.

11  SECTION 7.      NEW LAW     A new section of law to be codified

12 in the Oklahoma Statutes as Section 161.21 of Title 59, unless there

13 is created a duplication in numbering, reads as follows:

14  Any chiropractic physician who desires to administer vitamins,

15 minerals, or nutritional supplements by means of injectable

16 procedures shall make application, on a form prescribed by the

17 Board, for authorization for such purpose. Every chiropractic

18 physician shall submit to the Board documentary evidence of

19 satisfactory completion of at least one hundred twenty (120) hours

20 of education and training in administration and use of such

21 injectables. Such education and training shall be obtained at an

22 educational program that has been approved by the Board and meets

23 the following criteria if the program:

24

    Req. No. 15723                                                 Page 14
1   1. Is conducted under the auspices of and taught by the

2 postgraduate faculty of a chiropractic institution;

3   2. Consists of a minimum of one hundred twenty (120) hours;

4   3. Requires completion of a certification examination given by

5 a board independent of the entity which taught the course; and

6   4. Meets such other criteria as the Board deems appropriate.

7   SECTION 8. This act shall become effective November 1, 2026.

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9   60-2-15723      TKR  01/14/26

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    Req. No. 15723                                                Page 15
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