Grounds for discipline of licensee or refusal to license
- competency examinations
- confidential information
(1)The State Board of Chiropractic Examiners may refuse to grant a license to any applicant or 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 of the record of conviction, certified to by the clerk of the court entering the conviction, is conclusive evidence of the conviction.
(e)Impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards).
(f)Unprofessional or dishonorable conduct, including but not limited to:
(A)Any conduct or practice contrary to recognized standard of ethics of the chiropractic profession or any conduct or practice that does or might constitute a danger to the health or safety of a patient or the public or any conduct, practice or condition that does or might adversely affect a physician’s ability 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 or perform referrals when failing to do so is not consistent with the standard of care; or otherwise ordering or performing any chiropractic service, X-ray or treatment that is contrary to recognized standards of practice of the chiropractic profession.
(C)Gross malpractice or repeated malpractice.
(g)Failing to notify the board of a change in location of practice as provided in ORS 684.054 (Issuing license).
(h)Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be permanently cured.
(i)The use of any advertising making untruthful, improper, misleading or deceptive statements.
(j)The advertising of techniques or modalities to infer or imply superiority of treatment or diagnosis by the use thereof that cannot be conclusively proven to the satisfaction of the board.
(k)Knowingly permitting or allowing any person to use the license of the person in the practice of any system or mode of treating the sick.
(L)Advertising either in the name of the person or under the name of another person, clinic or concern, actual or pretended, in any newspaper, pamphlet, circular or other written or printed paper or document, professing superiority to or a greater skill than that possessed by other chiropractic physicians that cannot be conclusively proven to the satisfaction of the board.
(m)Aiding or abetting the practice of any of the healing arts by an unlicensed person.
(n)The use of the name of the person under the designation, “Doctor,” “Dr.,” “D.C.,” “Chiropractor,” “Chiropractic D.C.,” “Chiropractic Physician,” or “Ph.C.,” or any similar designation with reference to the commercial exploitation of any goods, wares or merchandise.
(o)The advertising or holding oneself out to treat diseases or other abnormal conditions of the human body by any secret formula, method, treatment or procedure.
(p)Violation of any provision of this chapter or any rule adopted thereunder.
(q)Gross incompetency or gross negligence.
(r)The suspension or revocation by another state of a license to practice chiropractic, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.
(s)Failing to give prior notice to patients of the permanent or temporary closure of the physician’s practice or failing to give reasonable access to the records and files of the physician’s patients at any time.
(t)The suspension or revocation by another licensing board in the state of a license to practice as another type of health care provider.
(u)An act or conduct that results in a judgment of wrongdoing by a court of competent jurisdiction in any state or a finding of wrongdoing in an administrative proceeding in any state. The act or conduct must be rationally connected to the ability to practice chiropractic or chiropractic assisting.
(2)The board may, at any time two years or more after the refusal, revocation or cancellation of registration under this section, by a majority vote, issue a license restoring to or conferring on the person all the rights and privileges of the practice of chiropractic as defined and regulated by this chapter. Any person to whom those rights have been restored shall pay to the board the annual registration fee for the license category plus one-half thereof.
(3)If the board determines that a chiropractic physician’s continuation in practice would constitute a serious danger to the public, the board may suspend the license of the chiropractic physician without a hearing. Simultaneously with the order of suspension, the board must institute proceedings for a hearing provided under this section and the suspension may continue unless injunctive relief is obtained from a court of competent jurisdiction showing just cause or undue burden under the circumstances existing.
(4)If a physician refuses a written request for an informal interview with the board, the board shall have grounds to suspend or revoke the license of a physician pursuant to this section.
(5)Prior to or following an informal interview as described in this section, the board may request any Oregon licensed chiropractic physician in good standing to assist the board in preparing for or conducting any professional competency examination as the board may deem appropriate.
(6)Notwithstanding any other provisions of ORS 684.010 (Definitions), 684.040 (Application for license), 684.050 (Examination), 684.090 (Annual registration), 684.100 (Grounds for discipline of licensee or refusal to license), 684.112 (Records of chiropractor also licensed to practice other healing art), 684.130 (State Board of Chiropractic Examiners), 684.150 (Powers and duties of board) and 684.155 (Additional powers of board), the board may at any time direct and order a professional competency examination limited to the area of practice out of which a specific complaint has arisen and make an investigation, including the taking of depositions or otherwise in order to fully inform itself with respect to the performance or conduct of a physician licensed under ORS 684.010 (Definitions), 684.040 (Application for license), 684.050 (Examination), 684.090 (Annual registration), 684.100 (Grounds for discipline of licensee or refusal to license), 684.112 (Records of chiropractor also licensed to practice other healing art), 684.130 (State Board of Chiropractic Examiners), 684.150 (Powers and duties of board) and 684.155 (Additional powers of board).
(7)If the board has reasonable cause to believe that any:
(a)Chiropractic physician is or may be unable to practice with reasonable skill and safety to patients, the board may:
(A)Cause a competency examination of the physician for purposes of determining the physician’s fitness to practice chiropractic with reasonable skill and safety to patients; or
(B)Require the fingerprints and relevant personal history data of the physician for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check).
(b)Person certified to provide physiotherapy, electrotherapy or hydrotherapy pursuant to ORS 684.155 (Additional powers of board) (1)(c) is or may be unable to provide the therapies with reasonable skill and safety to patients, the board may:
(A)Cause a competency examination of the person for purposes of determining the person’s fitness to provide the therapies with reasonable skill and safety to patients; or
(B)Require the fingerprints and relevant personal history data of the person for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check).
(8)Refusal by any person to take or appear for a competency examination scheduled by the board or to submit fingerprints and relevant personal history data as required by the board under subsection (7) of this section shall constitute grounds for disciplinary action.
(9)In disciplining a person as authorized by subsection (1) of this section, the board may use any or all of the following methods:
(b)Place the person on probation.
(c)Suspend the license of the person to practice chiropractic in this state.
(d)Revoke the license of the person to practice chiropractic in this state.
(e)Place limitations on the license of the person to practice chiropractic in this state.
(f)Impose a civil penalty not to exceed $10,000.
(g)Take other disciplinary action as the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings.
(a)Any information that the board obtains pursuant to ORS 684.100 (Grounds for discipline of licensee or refusal to license), 684.112 (Records of chiropractor also licensed to practice other healing art) and 684.155 (Additional powers of board) (9) is confidential as provided under ORS 676.175 (Complaints and investigations confidential).
(b)Any person who reports or provides information to the board under ORS 684.090 (Annual registration), 684.100 (Grounds for discipline of licensee or refusal to license), 684.112 (Records of chiropractor also licensed to practice other healing art), 684.150 (Powers and duties of board) and 684.155 (Additional powers of board) and who provides information in good faith shall not be subject to an action for civil damages as a result thereof. [Amended by 1953 c.556 §2; 1971 c.734 §129; 1973 c.265 §1; 1975 c.492 §5; 1979 c.744 §56; 1985 c.354 §5; 1987 c.376 §3; 1987 c.726 §3; 1989 c.224 §135; 1989 c.565 §1; 1991 c.892 §7; 1997 c.791 §36; 2005 c.730 §§45,84b; 2007 c.618 §6; 2009 c.756 §50]
Notes of Decisions
Licensee may not avoid disciplinary action by requiring regulatory board to accept voluntary surrender of license. Pahl v. Board of Chiropractic Examiners, 164 Or App 378, 993 P2d 149 (1999)
State Board of Chiropractic Examiners has authority to discipline unlicensed practitioners of chiropractic. Tran v. Board of Chiropractic Examiners, 254 Or App 593, 300 P3d 169 (2013), Sup Ct review denied