OBCE

OBCE RULE HEARING REGARDING THE CA CERTIFICATION

FEB 19th, 2015 10:00AM

Attorney Generals' Office

313 NE 21st ST OKC OK

Below is a summary of the proposed Rule Change from the OBCE

CHAPTER 30. CERTIFIED CHIROPRACTIC ASSISTANTS

SUBCHAPTER 1. General Provisions

140:30:1-1. Purpose

The purpose of this Chapter is to:

(1) Establish a certification system and standards for the education and training of certified chiropractic assistants.

(2) Establish various requirements and prohibitions related to the certification of chiropractic assistants found by the Board to be in the best interest of the health, safety and welfare of the public.

140:30-1-2. Definitions

"Certified Chiropractic Assistant Applicant" means a person who is undergoing training to become a CCA.

A“Certified Chiropractic Assistant” (CCA) is a properly qualified person who has completed an educational training program approved by the board and has passed an exam verifying those clinical competencies. CCA's will be able to perform objective examination procedures, provide a wide array of physiological therapeutics and rehabilitation, augment historical and clinical patient information and support the supervising chiropractic physician in charting and report generation.

"Nonclinical" means of a business nature including, but not limited to, practice management, insurance information, and computer information. It shall also mean the discussion of philosophy as it relates to the performance of chiropractic.

SUBCHAPTER 3. Certified Chiropractic Assistant

140:30-3-1. Certification of chiropractic assistants

(a) A CCA applicant shall register with the Board within ninety (90) days of their hire date and shall fulfill the requirements of a CCA within six (6)twelve (12) months of their date of hire. The initial certification shall be renewed within two years from January 1, 2013 following their initial certification. CCA Applicants who apply after January 1, 2013 shall renew by the next January 1st two (2) years following certification.

(b) A CCA applicant with proper training and supervision may perform all of the duties regularly delegated to a CCA until the six twelve (12) month CCA requirement deadline.

140:30-3-2. Application

(a) A chiropractic assistant seeking a certification under this chapter shall complete and submit an application signed by the supervisory Chiropractic Physician as prescribed by the Board.

(b) If an application is approved by the Executive Director, theapplicant shall be notified by the Executive Director of such approval.

(c) If an applicant is disapproved, the applicant shall be notified by the Executive Director of such disapproval by the return of the application along with the reason fully stated in writing.

(d) A fraudulent or false statement as to any material fact which is contained in any application for the certification, or failure to provide any requested information, shall constitute sufficient cause for the disapproval of the application.

140:30-3-3. Examination

(a) CCA Applicant must fulfill the educational requirements of 140:30-3-4 to be eligible to sit for CCA Examination; Alternatively we could say The CCA applicant has one (1) opportunity to study the manual and pass the examination before being required to complete coursework

(b) The CCA Applicant may fail once more following completion of coursework. However, if the examination is failed twice the CCA Applicant must complete the originally required coursework for a second time before sitting the examination. What if they fail it a 3rd time!!!

(c) Has received a score of seventy-five percent (75%) or better is required on an examination administered in a manner approved by the Board

(d) CCA examination must be passed within one (1) year from the CCA applicant's date of hire in order to continue to perform the duties of a CCA. If the examination has not been passed by this deadline the employee can no longer to provide patient care of a clinical nature.Dr. Resler

140:30-3-4. Educational Requirements

Initial Education Requirements
1. To assure the competency of the CCA, completion of twelve (12) hours of initial technical training based on mastery of the specific clinical competencies as described in 140:30-1-2 is required from a course approved by the board,
2. or the chiropractic assistant may have had a minimum of two (2) years of full-time training and employment as a chiropractor's assistant from a licensee. an Oklahoma licensed Chiropractic prior to the date these rules go into effect Dr. Resler

CCA Renewal Education Requirements

Complete six (6) hours of Continuing education fulfilling the educational requirements as described in 140:30-1-2

(a) Any chiropractic assistant training program shall be provided by an accredited _chiropractic college, association or other vendor approved by the board. Does this go here or under “Education” or under “certification renewal”?

140:30-3-5. Certification Renewal

The initial certification shall be renewed within two years from January 1, 2013 following their initial certification.
CCA Applicants who apply after January 1, 2013 shall renew by the next January 1st two(2) years following certification.
Complete six (6) hours of Continuing education fulfilling the educational requirements as described in 140:30-1-2 every two(2) years. Dr. Resler suggested four(4) hours annually totaling eight(8) every two(2) years with language that hours cannot be carried over to any two(2) year period

Any chiropractic assistant training program shall be provided by an accredited _chiropractic college, association or other vendor approved by the board. Does this go here or under “Education“?

The CCA must complete and submit the renewal form with applicable fees along with verification of completing an approved continuing education program by January 1 of their required recertification year.

Failure to renew by January 1 will result in a fine of $25.
Failure to renew by March 1 will result in forfeiture of certification and the Employee must reapply and complete all the requirements for initial certification

140:30-3- 5. Fees

Initial Application: fifty dollars ($50.00) non-refundable fee shall include a manual which may be used to begin the study process for completion of the CCA Certification examination.
Examination: fifty dollars ($50.00)
Certification Renewal: fifty dollars ($50.00) every two years
Failure to renew fee: twenty-five ($25.00)

140:30-3-6. Prohibited Acts

The supervisory Chiropractic Physician may delegate services to a CCA or CCA applicant which services are within the scope of practice of the Chiropractic Physician in a manner consistent with these rules;
A supervisory Chiropractic Physician is responsible for all acts or omissions of all employees to whom duties are delegated including a CCA, CCA Applicant or non-clinical employee.
The supervisory Chiropractic Physician shall ensure at all times that any Chiropractic Assistant whether a CCA or CCA applicant has the necessary skills and training required to competently perform the delegated services.

The CCA shall NOT:

(1) Perform an independent examination

(2) Diagnose a patient

(3) Determine or Change a regimen of patient care other places this was phrased ” plan case management”

(4) Adjust/Manipulate

(5) Perform Acupuncture

(6) Violate any portion of the Chiropractic Practice Act or Rules

The Board may refuse to grant a certificate to any applicant, may suspend orrevoke a certificate, or may impose upon Certified Chiropractic Assistant a civil penalty not to exceed $1,000 per occurrence upon finding of any of the following:

Cause, which is defined as, but not limited to, failure to follow directions, unprofessional or dishonorable conduct, injuring a patient, or unlawful disclosure of patient information. The supervising Chiropractic Physician is required to notifythe Board, in writing, of any dismissal of a Certified Chiropractic Assistant for cause within thirty days. The Board shall determine if there is cause for action;
Fraud or misrepresentation in applying for or procuring certification, or certification
Pleading guilty, nolo contendere or receiving a conviction:
1. of a felony,
2. for a misdemeanor involoving moral turpitude, or
3. of violation of federal or state controlled dangerous substance laws;
Failure to notify the Board of a change of permanent mailing address and location of employment _within 30 days as required by these rules.

CHAPTER 1. ADMINISTRATIVE ORGANIZATION AND OPERATIONS

SUBCHAPTER 1. ADMINISTRATIVE ORGANIZATION AND OPERATIONS

140:1-1-2. Definitions

The following words and terms when used in this Chapter, shall have the following meaning, unless

the context clearly indicates otherwise:

"Accredited Chiropractic College" means a chiropractic educational institution, which is accredited by the Commission on Accreditation of the Council on Chiropractic Education or its successor.

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"APA" means the Oklahoma Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq.

"Advisory Committee" means the committee appointed by the Board to advise and assist the Board in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic physicians, and for such other matters as the Board delegate to them.

"Applicant" means any person submitting an application for licensure to the Board.

"Board" means the Board of Chiropractic Examiners.

"Certified chiropractic assistant" means an unlicensed member of a chiropractic physician's team of healthcare workers who may assist a chiropractic physician in the performance of examination and therapeutic procedures and techniques necessary to deliver healthcare services within the scope of chiropractic. and has been certified by the Board.

"Chiropractic" means the science and art that teaches health in anatomic relation and disease or abnormality in anatomic. disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto in humans.

"Chiropractic physician" or "licensee" means a person who holds an original license topractice chiropractic in this state.

"Continuing education requirements" means attendance by a licensee at a minimum of (16) sixteen hours of Chiropractic education seminars as required for a renewal license.

"Emergency meeting" means a meeting of the board, which is called pursuant to the Open Meeting Act based upon exigent circumstances, which require expedited attention, by the board to the matters concerned.

"Emergency meeting" means a meeting of the board, which is called pursuant to the Open Meeting

Act based upon exigent circumstances, which require expedited attention, by the board to the matters concerned.

"Examination" means the process used by the Board, prior to the issuance of an original license, to test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules, or any of those subjects listed in Section 161.8 of the Act.

"Executive Director" means the Executive Director of the Board.

"Final order" means on order made by the Board pursuant to the APA and which is subject to judicial review.

"Individual proceeding" means the formal process employed by the Board to provide a hearing for a licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act and in which the Board may take action against such person’s original license to practice chiropractic in this state

"Licensure" means the Board’s process with respect to the grant, denial, renewal, revocation, or suspension of an original or renewal license.

"OAC" means the Oklahoma Administrative Code.

"Order" means a formal or official decision of the Board including, but not limited to, final orders.

"Original license" means a license which grants initial authorization to practice chiropractic in this state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the Act,

(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-or

(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.

"Party" means a person or agency named and participating or properly seeking and entitled by law to participate in an individual proceeding.

"Person" means any individual, association, governmental subdivision, or public or private organization of any character other than an agency.

"Regular meetings" means regular meetings of the Board held at such times and places as scheduled by the Board and includes continued and reconvened meetings as may be allowed pursuant to the Open Meetings Act. Provided, however, that continued and reconvened meetings shall be as limited by the Open Meeting Act.

"Relocation of Practice" means the ability for an applicant to obtain a chiropractic license on the following conditions:

(A) The applicant is of good moral character;

(B) The applicant shall submit documentary evidence that they have been in active practice for five (5) years immediately preceding the date of application;

(D) The licensee requesting relocation of practice shall comply with the jurisprudence assessment examination administered by the Board of Chiropractic Examiners of this state.

(E) The applicant may be requested to appear before the Board for a personal interview, and:

(F) The applicant shall meet all other requirements set forth in the Oklahoma Chiropractic Practice

Act.

"Renewal license" means a license issued by the Board on or before the first day of July of each year to a licensee, which authorizes the licensee to practice chiropractic in this state for the succeeding calendar year.

"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.

"Rule or rules" means the rules of the Board promulgated pursuant to the APA or its successor statutes.

"Rule-making" means the process employed by the Board for the promulgation of a rule.

"Scope of practice" means chiropractic is the science and art that teaches health in anatomic relation and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic and treatment services and procedures, which have been taught by an accredited chiropractic college and have been approved by the Board of Chiropractic Examiners. Such diagnostic and treatment services and procedures shall include the following: Chiropractic physicians may examine, analyze and diagnose the human body to correct, relieve or prevent diseases and abnormalities by the use of any physical, chemical, electrical, or thermal method; use or order diagnostic radiological imaging; use or order laboratory testing; and use any other method of examination for diagnosis and analysis taught by an accredited chiropractic college and approved by the Board of Chiropractic Examiners. In addition, Chiropractic physicians may adjust, manipulate and treat the human body by manual, mechanical, chemical, electrical, or natural methods; by the use of physiotherapy; meridian therapy; by utilizing hygienic, sanitary and therapeutic measures; by the administration of naturopathic and homeopathic remedies, by the application of first aid or by performing any other treatment taught by an accredited chiropractic college and approved by the Board of Chiropractic Examiners. Nothing in this rule shall permit a Chiropractic Physician to prescribe legend drugs, beyond injectable nutrients, as is currently the law in Title 59 Section 161.12 of the Oklahoma Statutes.

"Secretary-Treasurer" means the Secretary-Treasurer of the Board.

"Special meeting" means all meetings of the Board other than regular or emergency meetings.

"Suspension" means temporary discontinuance or cessation, with an expectation of reinstatement, of an original license or renewal license, or both, by the Board after notice and an opportunity for a hearing as required in an individual proceeding.

CHAPTER 3. DISCIPLINARY PROCEDURES

SUBCHAPTER 1. GENERAL PROVISIONS

140:3-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless

the context clearly indicates otherwise:

"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.

"Board" means the Board of Chiropractic Examiners.

"Chiropractic" means the science and art that teaches health in anatomic relation and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident thereto.

"Chiropractic physician" or "licensee" means a person who holds an original license to practice chiropractic in this state.

"Code of Ethics" means the Oklahoma Chiropractic Code of Ethics, OAC 140:15-7-5.

"Complaints" means a written statement by the person alleging that a chiropractic physician has committed a violation of the Act or the rules of the Board.

"Examination" means the process used by the Board prior to the issuance of an original license to test the qualifications and knowledge of an applicant on any or all the following: current statutes, rules or any

of those subjects listed in Section 161.8 of the Act.

"Final order" means an order made by the Board pursuant to the APA and which is subject to judicial review.

"Letter of Concern" means a letter issued by the Board to a chiropractic physician to advise a said chiropractic physician of a probable violation of the Act or the rules of the Board.

"Order" means a formal or official decision of the Board including, but not limited to, final orders.

“Original license” means a license which grants initial authorization to practice chiropractic in this state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the Act,

(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-3-4; or

(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.

"Party" means a person or agency named and participating or properly seeking and entitled by law to participate in an individual proceeding.

"Penalty" means one or more of the penalties specified in subsection A of §161.12 of the Act.

"Person" means any individual, association, governmental subdivision, or public or private organization of any character other than an agency.

"Relocation of Practice" means the ability of an applicant to obtain Oklahoma Licensure on the following conditions:

(A) The applicant is of good moral character;

(B) The requirements for licensure in the state, country, territory or province in which the applicant is licensed are deemed by the Board to be equivalent to the requirements for obtaining an original license by examination in this state at the date of such license;

(D) The license being relocated was obtained by examination in the state, country, territory or province wherein it was issued, or was obtained by examination of the National Board of Chiropractic Examiners;

(E) The applicant passes any examination given by the Board; and

(F) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.

"Renewal license" means a license issued by the Board on or before the first day of January July of each year to a licensee which authorizes the licensee to practice chiropractic in this state for the succeeding calendar year.

"Summary suspension" means the temporary suspension of a license to practice chiropractic medicine by the Board without notice or an opportunity for a hearing.

"Violation" means a violation of the Act or rules of the Board for which the Board is empowered to take disciplinary action against a licensee.