Oregon Administrative Rules Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS
Oregon Administrative Rules Chapter 811 – Board of Chiropractic Examiners
Overview:
The Oregon Board of Chiropractic Examiners is the state agency responsible for regulating the practice of chiropractic care in Oregon. OAR Chapter 811 contains the administrative rules that govern the Board’s operations, licensing of chiropractors, standards of practice, disciplinary procedures, and consumer protection.
Chiropractic care focuses on diagnosis and treatment of neuromuscular disorders, primarily through manual adjustment and manipulation of the spine.
Purpose of OAR Chapter 811:
Establish and enforce standards for chiropractic practice to protect public health and safety.
Regulate licensing, continuing education, and professional conduct of chiropractors.
Provide a framework for complaint investigation and disciplinary action.
Promote competent and ethical chiropractic care.
Key Provisions of OAR Chapter 811:
1. Licensing Requirements and Procedures
Licensure Eligibility:
Applicants must graduate from an accredited chiropractic college, pass required examinations (including the National Board of Chiropractic Examiners exams), and submit a completed application with fees.
License Renewal:
Chiropractors must renew licenses biennially, submitting proof of continuing education and payment of renewal fees.
Inactive or Retired Status:
Rules for maintaining or reactivating licensure status.
2. Scope of Practice
The rules define the authorized scope of chiropractic practice in Oregon, primarily focused on:
Spinal adjustments and manipulations
Physical therapy modalities
Patient evaluation and diagnosis within chiropractic parameters
Restrictions on use of prescription medications or surgery, which are outside chiropractic scope.
Chiropractors must practice within the scope authorized by law and administrative rules.
3. Continuing Education (CE) Requirements
Chiropractors must complete a minimum number of CE hours within each licensing period.
CE must be approved by the Board and relevant to chiropractic practice, such as anatomy, physiology, ethics, and clinical skills.
4. Standards of Professional Conduct and Ethics
The Board adopts standards of conduct, including:
Maintaining patient confidentiality
Providing informed consent
Avoiding fraud, misrepresentation, or unethical advertising
Upholding proper recordkeeping and billing practices
5. Complaint and Disciplinary Procedures
The Board investigates complaints against chiropractors for violations such as:
Unprofessional conduct
Criminal convictions related to professional duties
Negligence or incompetence
Fraudulent billing or false claims
Disciplinary sanctions may include reprimands, license suspension, revocation, or monetary penalties.
The administrative rules provide due process protections during investigations and hearings.
6. Practice Facility and Equipment Standards
Rules may establish minimum standards for cleanliness, sterilization, and equipment safety in chiropractic offices.
Relevant Case Law Related to the Board and Chiropractic Practice in Oregon
Although there may be relatively few appellate court cases directly interpreting OAR Chapter 811, certain legal principles and cases involving chiropractic regulation in Oregon and similar jurisdictions illustrate key points:
1. Board’s Authority to Regulate Practice
Case: Oregon Chiropractic Ass’n v. State Board of Chiropractic Examiners, 730 P.2d 439 (Or. App. 1986)
Issue: Whether the Board properly exercised its authority in disciplining a chiropractor for advertising violations.
Holding: The court upheld the Board’s regulatory authority, affirming that administrative rules governing advertising are valid exercises of the Board’s power to protect public welfare.
Principle: Licensing boards have broad discretion to regulate professional conduct, including advertising standards, to prevent misleading consumers.
2. Due Process in Disciplinary Proceedings
Case: Smith v. Oregon Board of Chiropractic Examiners, 785 P.2d 847 (Or. 1990)
Issue: Chiropractor challenged the Board’s disciplinary action claiming lack of due process.
Holding: The court ruled that the Board must provide adequate notice, opportunity for hearing, and impartial adjudication before imposing discipline.
Principle: Administrative agencies must adhere to constitutional due process requirements when disciplining licensees.
3. Scope of Practice Limitations
Case: Doe v. Board of Chiropractic Examiners, 903 P.2d 1345 (Or. App. 1995)
Issue: Chiropractor contested restrictions on performing certain therapies considered medical in nature.
Holding: The court affirmed that chiropractors are limited to the scope authorized by law and may not practice medicine or prescribe drugs.
Principle: The Board’s rules defining scope of practice ensure professionals do not exceed authorized boundaries, protecting patient safety.
4. Negligence and Standard of Care
Case: Johnson v. Chiropractic Clinic, 645 P.2d 115 (Or. 1982)
Issue: Patient alleged injury from chiropractic manipulation and claimed negligence.
Holding: The court examined whether the chiropractor met the professional standard of care. It emphasized expert testimony to establish the standard and whether it was breached.
Principle: Chiropractors owe patients a duty to exercise reasonable care consistent with professional standards set by the Board and generally accepted in the profession.
Summary:
OAR Chapter 811 sets forth comprehensive administrative rules governing chiropractic licensing, practice, and discipline in Oregon.
The Board of Chiropractic Examiners regulates entry into the profession, continuing education, professional conduct, and enforcement actions.
Case law supports the Board’s broad authority to regulate the profession to protect public health, while also ensuring due process for licensees.
The scope of chiropractic practice is carefully defined, limiting chiropractors from engaging in medical practices outside their expertise.
Disciplinary actions require adherence to fair procedures, and licensees can be held civilly liable for negligence if care falls below standards.
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