1 STATE OF OKLAHOMA 2 2nd Session of the 47th Legislature (2000) 3 SENATE BILL 838 By: Muegge 4 5 6 AS INTRODUCED 7 An Act relating to animal chiropractic diagnosis and treatment; amending 59 O.S. 1991, Sections 161.2, 8 161.3, as amended by Section 1, Chapter 390, O.S.L. 1994, 161.18, as amended by Section 1, Chapter 207, 9 O.S.L. 1995, 698.2, as last amended by Section 2, Chapter 94, O.S.L. 1999, 698.7, as last amended by 10 Section 8, Chapter 94, O.S.L. 1999, 698.11, as amended by Section 13, Chapter 94, O.S.L. 1999, and 11 698.12, as amended by Section 14, Chapter 94, O.S.L. 1999 (59 O.S. Supp. 1999, Sections 161.3, 161.18, 12 698.2, 698.7, 698.11, and 698.12), which relate to the Oklahoma Chiropractic Practice Act and the 13 Oklahoma Veterinary Practice Act; authorizing provision of animal chiropractic diagnosis and 14 treatment under certain circumstances; defining terms; requiring establishment of certain standards; 15 requiring certain additional insurance; requiring certain training; requiring certain certification and 16 availability of lists of certified persons; including animal chiropractic in scope of practice of 17 veterinary medicine; and providing an effective date. 18 19 20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 21 SECTION 1. AMENDATORY 59 O.S. 1991, Section 161.2, is 22 amended to read as follows: 23 Section 161.2 Chiropractic is the science and art that teaches 24 health in anatomic relation and disease or abnormality in anatomic 25 disrelation, and includes hygienic, sanitary and therapeutic 26 measures incident thereto in humans. The scope of practice of 27 chiropractic shall include those diagnostic and treatment services 28 and procedures which have been taught by an accredited chiropractic 29 college and have been approved by the Board of Chiropractic 30 Examiners. Animal chiropractic diagnosis and treatment may be 31 provided if the conditions of paragraph 2 of Section 161.3 of this 32 title and subsection E of Section 161.18 of this title are met. Req. No. 1914 Page 1 1 SECTION 2. AMENDATORY 59 O.S. 1991, Section 161.3, as 2 amended by Section 1, Chapter 390, O.S.L. 1994 (59 O.S. Supp. 1999, 3 Section 161.3), is amended to read as follows: 4 Section 161.3 As used in the Oklahoma Chiropractic Practice 5 Act, these words, phrases or terms, unless the context otherwise 6 indicates, shall have the following meanings: 7 1. "Accredited chiropractic college" means a chiropractic 8 educational institution which is accredited by the Commission on 9 Accreditation of the Council on Chiropractic Education, a national, 10 independent accreditation body recognized and approved by the U.S. 11 Department of Education, or its successor; 12 2. "Animal chiropractic diagnosis and treatment" means 13 treatment that includes vertebral subluxation complex (vcs) and 14 spinal manipulation of non-human vertebrates; the term shall not be 15 construed to allow the: 16 a. use of x-rays, 17 b. performing of surgery, 18 c. dispensing or injecting of medications, or 19 d. performance of traditional veterinary care; 20 3. "Applicant" means any person submitting an application for 21 licensure to the Board; 22 3. 4. "Board" means the Board of Chiropractic Examiners; 23 4. 5. "Chiropractic physician", "chiropractor", "doctor of 24 chiropractic", "practitioner of chiropractic" and "licensee" are 25 synonymous and mean a person holding an original license to practice 26 chiropractic in this state; 27 5. 6. "Examination" means the process used by the Board, prior 28 to the issuance of an original license, to test the qualifications 29 and knowledge of an applicant in the basic sciences and the science 30 and art of chiropractic; 31 32 Req. No. 1914 Page 2 1 6. 7. "Intern" means a student at an accredited chiropractic 2 college who is participating in the Chiropractic Undergraduate 3 Preceptorship Program; 4 7. 8. "Original license" means a license granting initial 5 authorization to practice chiropractic in this state issued by the 6 Board to an applicant found by the Board to meet the licensing 7 requirements of the Oklahoma Chiropractic Practice Act, by 8 examination pursuant to Section 161.7 of this title, or by 9 reciprocity pursuant to Section 161.9 of this title; 10 8. 9. "Preceptor" means a chiropractic physician who is 11 participating in the Chiropractic Undergraduate Preceptorship 12 Program; 13 9. 10. "Reciprocity" means the recognition and approval by the 14 Board, prior to the issuance of an original license, of the 15 chiropractic licensing process in another state, country, territory 16 or province; and 17 10. 11. "Renewal license" means a license issued to a 18 chiropractic physician by the Board, on or before the first day of 19 January of each year, which authorizes such licensee to practice 20 chiropractic in this state during the succeeding calendar year. 21 SECTION 3. AMENDATORY 59 O.S. 1991, Section 161.18, as 22 amended by Section 1, Chapter 207, O.S.L. 1995 (59 O.S. Supp. 1999, 23 Section 161.18), is amended to read as follows: 24 Section 161.18 A. There is hereby created the "Oklahoma 25 Chiropractic Code of Ethics". This Code of Ethics is based upon the 26 fundamental principle that the ultimate end and objective of the 27 chiropractic physician's professional services and effort should be: 28 "The greatest good for the patient." 29 B. Responsibility to the patient: 30 1. Chiropractic physicians should hold themselves ready at all 31 times to respond to the call of those needing their professional 32 Req. No. 1914 Page 3 1 services, although they are free to accept or reject a particular 2 patient except in an emergency; 3 2. Chiropractic physicians should attend their patients as 4 often as they consider necessary to ensure the well-being of their 5 patients, but should avoid unnecessary treatments; 6 3. Having once undertaken to serve a patient, chiropractic 7 physicians should not neglect the patient. Chiropractic physicians 8 should not terminate their professional services to patients without 9 taking reasonable steps to protect such patients, including due 10 notice to them allowing sufficient time for obtaining professional 11 services of others, delivering to their patients all papers and 12 documents in compliance with paragraph 5 of this subsection; 13 4. Chiropractic physicians should endeavor to practice with the 14 highest degree of professional competency and honesty in the proper 15 care of their patients; 16 5. Chiropractic physicians should comply with a patient's 17 authorization to provide records, or copies of such records, to 18 those persons whom the patient designates as authorized to inspect 19 or receive all or part of such records. A reasonable charge may be 20 made for the cost of copying records; 21 6. Subject to paragraph 5 of this subsection, chiropractic 22 physicians should preserve and protect the patient's confidences and 23 records, except as the patient directs or consents, or if the law 24 requires otherwise. They should not discuss a patient's history, 25 symptoms, diagnosis, or treatment with a lawyer until they have 26 received the informed consent of the patient or the patient's 27 personal representative. They should avoid exploiting the trust and 28 dependency of their patients; 29 7. Chiropractic physicians owe loyalty, compassion and respect 30 to their patients. Their clinical judgment and practice should be 31 objective and exercised solely for the patient's benefit; 32 Req. No. 1914 Page 4 1 8. Chiropractic physicians should recognize and respect the 2 right of every person to free choice of chiropractic physicians or 3 other health-care providers and to the right to change such choice 4 at will; 5 9. Chiropractic physicians are entitled to receive proper and 6 reasonable compensation for their professional services commensurate 7 with the value of the services they have rendered in the light of 8 their experience, the time required, the reputation and nature of 9 the condition involved. Chiropractic physicians should terminate a 10 professional relationship when it becomes reasonably clear that the 11 patient is not benefiting from it. Chiropractic physicians should 12 support and participate in proper activities designed to enable 13 access to necessary chiropractic care on the part of persons unable 14 to pay such reasonable fees; 15 10. Chiropractic physicians should maintain the highest 16 standards of professional and personal conduct and should refrain 17 from all illegal or morally reprehensible conduct; 18 11. Chiropractic physicians should be ready to consult and seek 19 the talents of other health-care professionals when such 20 consultation would benefit their patients or when their patients 21 express a desire for such consultation; 22 12. Chiropractic physicians should assure that the patient 23 possesses enough information to enable an intelligent choice in 24 regard to proposed chiropractic treatment. The patient should make 25 his or her own determination on such treatment; and 26 13. Chiropractic physicians should utilize only those laboratory 27 and x-ray procedures, and such devices or nutritional products that 28 are in the best interest of the patient and not in conflict with 29 state statutes or administrative rulings. 30 C. Responsibility to the public: 31 32 Req. No. 1914 Page 5 1 1. Chiropractic physicians should act as members of a learned 2 profession dedicated to the promotion of health, the prevention of 3 illness and the alleviation of suffering; 4 2. Chiropractic physicians should observe the appropriate laws, 5 decisions and rules of state governmental agencies and cooperate 6 with the pertinent activities and policies of associations legally 7 authorized to regulate or assist in the regulation of chiropractic 8 physicians; 9 3.