ORS Chapter 684
Chapter 684 — Chiropractors
2009 EDITION
CHIROPRACTORS
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
684.010 Definitions
684.015 Prohibitedpractices
684.020 Licenserequired to practice chiropractic; exceptions
684.025 Applicationof chapter; rules
684.030 Applicationof public health laws
684.035 Chapternot applicable to other methods of healing
LICENSING
684.040 Applicationfor license; qualifications; fees
684.050 Examination;reexamination fee
684.052 Useof nationally administered test
684.054 Issuinglicense; ancillary personnel; fees; notification of address change required
684.060 Reciprocity;fee
684.090 Annualregistration; fees; rules; failure to renew license
684.092 Completionof continuing education and pain management program required; exemptions
684.094 Procedurefor approving continuing education courses
684.100 Groundsfor discipline of licensee or refusal to license; restoration; suspension;competency examinations; confidential information
684.105 Disciplineprocedure; review of board orders
684.107 Exemptionfrom licensure requirement for person licensed in another state
684.112 Recordsof chiropractor also licensed to practice other healing art; submission toboard
STATEBOARD
684.130 StateBoard of Chiropractic Examiners
684.140 Officersof board
684.150 Powersand duties of board; rules
684.155 Additionalpowers of board; rules
684.156 Continuingauthority of board upon lapse, suspension, revocation or voluntary surrender oflicense
684.160 Compensationand expenses of board members; rules
684.171 StateBoard of Chiropractic Examiners Account
684.185 Peerreview committees; duties; appointment; confidentiality of information
ENFORCEMENT
684.190 Enforcementof chapter
684.200 Reportof suspected violation; confidentiality of information; liability of supplier
PENALTIES
684.990 Penalties
GENERALPROVISIONS
684.010Definitions.As used in this chapter:
(1)“Active senior” means a person who:
(a)Is licensed under ORS 684.054;
(b)Is at least 60 years of age; and
(c)Has been in practice for 25 years or more.
(2)“Chiropractic” is defined as:
(a)That system of adjusting with the hands the articulations of the bony frameworkof 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 theneuro-musculoskeletal system and the effects thereof or interferences therewithby the utilization of all recognized and accepted chiropractic diagnosticprocedures and the employment of all rational therapeutic measures as taught inapproved 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 attendingphysician.
(4)“Drugs” means all medicines and preparations and all substances, exceptover-the-counter nonprescription substances, food, water and nutritionalsupplements 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 StatesPharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary,or any supplement to any of them, or otherwise established as drugs.
(5)“Minor surgery” means the use of electrical or other methods for the surgicalrepair and care incident thereto of superficial lacerations and abrasions,benign superficial lesions, and the removal of foreign bodies located in thesuperficial structures; and the use of antiseptics and local anesthetics inconnection 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; 2007 c.618 §1; 2009 c.697 §9;2009 c.756 §49]
684.015Prohibited practices.(1) Without first complying with the provisions of this chapter, no personshall:
(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 thepractice of chiropractic.
(d)Place upon any door a sign for the purpose of displaying any of the titlesmentioned in paragraph (c) of this subsection.
(2)The display of such titles or any of them fraudulently obtained is prima facieevidence that such person is fraudulently engaged in the practice ofchiropractic and subject to this chapter.
(3)No person practicing under this chapter shall administer or write prescriptionsfor, or dispense drugs, practice optometry or naturopathic medicine or do majorsurgery. [Formerly 684.110]
684.020License required to practice chiropractic; exceptions. (1) Except asprovided in ORS 684.107, it is unlawful for any person to practice chiropracticin 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 chiropracticengaging in clinical studies during the period of the student’s enrollment inan institution authorized to confer a doctoral degree in chiropractic. Theclinical studies may take place on the premises of the educational institutionor in a clinical setting located off the premises of the institution if thefacility, the institution staff and the course of study to be pursued off thepremises of the educational institution meet minimum requirements forsupervision and patient care prescribed by the rules of the State Board ofChiropractic Examiners and the clinical study is performed under the directsupervision of a member of the faculty of the institution. [Amended by 1991c.892 §1; 1995 c.493 §2; 1995 c.499 §3; 2001 c.598 §1]
684.023 [1975 c.492 §11;1985 c.354 §3; repealed by 1987 c.726 §2]
684.025Application of chapter; rules. (1) This chapter does not prevent aperson licensed under ORS 684.054 from the administration of the anesthetics orantiseptics authorized in ORS 684.010 or the use of radiopaque substancesadministered by mouth or rectum necessary for Roentgen diagnostic purposes.
(2)Neither this section nor ORS 684.010 authorizes the administration of anysubstance by the penetration of the skin or mucous membrane of the human bodyfor a therapeutic purpose.
(3)This chapter does not prohibit a person licensed under ORS 684.054 fromaccepting a referral from a practitioner licensed under ORS chapter 686. Thecare rendered as a result of the referral must be in writing and in accordancewith ORS 686.040 (4) and only as prescribed and diagnosed by a licensee underORS chapter 686. The applicable standard of care is established under ORSchapter 686.
(4)(a)This chapter does not prevent a person licensed under ORS 684.054 fromproviding emergency first aid, including administering emergency oxygen.
(b)A person may not administer emergency oxygen unless the person has receivedtraining in the administration of oxygen. The State Board of ChiropracticExaminers shall adopt rules that establish training requirements.
(c)As used in this subsection, “emergency oxygen” means oxygen delivered at aminimum flow rate for a specified period of time as determined and regulated bythe United States Food and Drug Administration. [Formerly 684.115; 1987 c.726 §4;1997 c.264 §5; 2007 c.618 §2]
684.030Application of public health laws. Chiropractic physicians shall observeand be subject to all state and municipal regulations relating to the controlof contagious and infectious diseases, sign birth and death certificates, andreport all matters pertaining to public health to the proper health officersthe same as other practitioners.
684.035Chapter not applicable to other methods of healing. Nothing in thischapter shall be construed to interfere with any other method or science ofhealing in this state. [Formerly 684.120]
LICENSING
684.040Application for license; qualifications; fees. (1) Any personapplying for a license to practice chiropractic in this state shall makeapplication to the State Board of Chiropractic Examiners, upon such form and insuch manner as may be provided by the board. The application must beaccompanied 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, takensubsequent to January 1, 1971) issued to the applicant by the National Board ofChiropractic Examiners.
(c)Evidence of successful completion of at least two years of liberal arts andsciences study, in any college or university accredited by either the NorthwestAssociation of Schools and Colleges or a like regional association or in anycollege or university in Oregon approved for granting degrees by the OregonStudent Assistance Commission.
(d)A diploma and transcript, certified by the registrar, or other documentssatisfactory to the board evidencing graduation from a chiropractic school orcollege approved by the board under the board’s academic standards, or from aschool accredited by the Council on Chiropractic Education or its successoragency, under standards that are accepted and adopted biennially by the boardin 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 theapplicant, with identifying information required by the board.
(3)The board may waive the requirements of subsection (2)(c) of this section forany applicant for a license to practice chiropractic if the applicant islicensed in another state and practiced chiropractic in that state, but theapplicant must pass the examination authorized by ORS 684.050 or by ORS684.052. [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; 1995c.493 §3; 1997 c.264 §6; 1997 c.652 §41; 2005 c.730 §84]
684.050Examination; reexamination fee. (1) Examinations for license topractice chiropractic shall be made by the State Board of ChiropracticExaminers according to the method deemed to be the most practicable to test theapplicant’s qualifications.
(2)The board shall give an examination on subjects described in subsection (3) ofthis section. The board shall determine the passing score. The applicant shall,however, be given credit for all sections passed. The board may authorize anapplicant to retake all or part of an examination upon payment of a fee not toexceed $100.
(3)The schedule of minimum educational requirements to enable any person topractice chiropractic in this state includes the basic science subjects ofanatomy, physiology, chemistry, pathology and public health and hygiene; alsothe clinical subjects of physical diagnosis, differential diagnosis, laboratorydiagnosis, theory and practice of chiropractic, nutrition and dietetics,physiotherapy, electrotherapy, hydrotherapy, chiropractic orthopedics, writtenand practical roentgenology, eye-ear-nose-throat, proctology, obstetrics andgynecology, minor surgery, jurisprudence, psychology, office procedure andother subjects that the board may, from time to time, require, except internalmedicine and major surgery. The minimum number of academic hours in an approvedchiropractic college may not be less than 4,200 or the equivalent requirementin semester or quarter credits. The board may recognize a national chiropractictesting 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; 2007 c.618 §3]
684.052Use of nationally administered test. In lieu of an examination in any or allrequired subjects, the State Board of Chiropractic Examiners may accept apassing grade on a test administered by a national testing agency approved bythe board if the test is no less strict than a test administered under ORS684.050. [1969 c.191 §7]
684.054Issuing license; ancillary personnel; fees; notification of address changerequired.(1) Upon complying with ORS 684.040, and earning a passing grade on theexamination authorized by ORS 684.050 or 684.052, an applicant shall belicensed as a chiropractic physician upon payment of a fee of $100 unless theState Board of Chiropractic Examiners refuses to grant the license on groundsspecified in ORS 684.100.
(2)Every chiropractic physician shall promptly notify the board of any change inthe professional address of the chiropractic physician.
(3)After meeting the standards of the board established under ORS 684.155 forancillary personnel, an applicant shall be certified as ancillary personnelupon 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 anexamination fee of $35. [1969 c.191 §3; 1989 c.805 §2; 1991 c.300 §3]
684.060Reciprocity; fee.A person licensed to practice chiropractic under the laws of any other statewho demonstrates to the satisfaction of the State Board of ChiropracticExaminers that the person possesses qualifications at least equal to thoserequired of persons eligible for licensing under this chapter and who meets therequirements of ORS 684.040 may be issued a license to practice in this statewithout examination upon payment of a fee of $100. In addition, the board mayfix the minimum number of years of practice required to qualify for a licenseunder this section. [Amended by 1969 c.191 §4; 1991 c.300 §4; 1991 c.892 §5]
684.070 [Repealed by1975 c.492 §12]
684.080 [Repealed by1975 c.492 §12]
684.090Annual registration; fees; rules; failure to renew license. (1) In additionto meeting the requirements of ORS 684.092, each person practicing chiropracticwithin this state shall, on or before the renewal date of each year after alicense is issued to the person, pay to the State Board of ChiropracticExaminers an annual registration fee in an amount determined by rule of theState Board of Chiropractic Examiners and approved by the Oregon Department ofAdministrative Services.
(2)The maximum annual registration fee for a person actively practicingchiropractic may not exceed $300.
(3)The maximum annual registration fee for a person not actively practicingchiropractic may not exceed $175.
(4)The maximum annual registration fee for an active senior may not exceed 75 percentof the annual active registration fee.
(5)The board, at least 30 days prior to the renewal date, shall mail to thelast-known professional address of each licensed chiropractor in this state anotice of the requirements of ORS 684.092 and that the registration fee will bedue on or before the renewal date next following.
(6)The annual registration fee is payable only by personal, corporate or certifiedcheck, by money order or by credit card.
(7)The failure, neglect or refusal of any person holding a license or certificateto practice under this chapter to pay the annual fee and to show compliancewith or exemption from the requirement of ORS 684.092 during the time thelicense remains in force shall cause the license to expire after a period of 30days from the renewal date of the year for which the failure occurs.
(8)The licenses not renewed on time shall not be renewed except upon writtenapplication and a payment to the board of the fee for the license category plusa 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. Alicensee who pays the annual renewal fee and shows compliance or exemptionwithin 12 months of the expiration date of the license shall not be required tosubmit to an examination for the reissuance of a license. [Amended by 1957 c.40§1; 1969 c.191 §8; 1971 c.14 §2; 1974 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; 2001c.745 §1; 2007 c.618 §4]
684.092Completion of continuing education and pain management program required;exemptions.(1) Except as provided in subsection (3) of this section, a chiropracticphysician submitting a fee under ORS 684.090 shall, at the same time, verifywith satisfactory evidence the successful completion of approved continuingchiropractic education during the preceding 12-month period as provided insubsection (2) of this section and completion, or documentation of previous completion,of:
(a)A pain management education program approved by the State Board of ChiropracticExaminers and developed in conjunction with the Pain Management Commissionestablished under ORS 409.500; or
(b)An equivalent pain management education program, as determined by the board.
(2)A chiropractic physician submitting a fee under ORS 684.090 shall verifycompletion during the previous 12-month period of:
(a)At least 20 hours of approved continuing chiropractic education, for a personactively practicing chiropractic.
(b)At least six hours of approved continuing chiropractic education, for an activesenior.
(3)The State Board of Chiropractic Examiners may exempt a chiropractic physicianfrom the requirements of subsection (1) of this section upon an application bythe chiropractic physician showing by evidence satisfactory to the board thatthe chiropractic physician is unable to comply with the requirements because ofunusual or extenuating circumstances or because no program has been approved bythe board. [1969 c.191 §5; 1995 c.79 §345; 1995 c.493 §6; 1997 c.264 §9; 2001c.987 §16; 2007 c.618 §5]
684.094Procedure for approving continuing education courses. (1) The StateBoard of Chiropractic Examiners shall require a person seeking approval of aprogram of continuing chiropractic education to submit proof that the coursecomplies with the continuing education requirements established by the board.
(2)The board may approve any program covering new, review, experimental, researchor specialty subjects in the field of chiropractic to be presented by personsreasonably qualified to do so.
(3)Approval granted to a program under subsection (2) of this section shall bereviewed periodically and approval shall be withdrawn from a program that failsto meet the requirements of the board. [1969 c.191 §6; 1991 c.892 §15; 1995c.493 §7; 1997 c.264 §10]
684.100Grounds for discipline of licensee or refusal to license; restoration;suspension; competency examinations; confidential information. (1) The StateBoard of Chiropractic Examiners may refuse to grant a license to any applicantor 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 ofthe record of conviction, certified to by the clerk of the court entering theconviction, is conclusive evidence of the conviction.
(e)Impairment as defined in ORS 676.303.
(f)Unprofessional or dishonorable conduct, including but not limited to:
(A)Any conduct or practice contrary to recognized standard of ethics of thechiropractic profession or any conduct or practice that does or mightconstitute a danger to the health or safety of a patient or the public or anyconduct, practice or condition that does or might adversely affect a physician’sability 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 orperform referrals when failing to do so is not consistent with the standard