Board of Chiropractic Examiners, Chapter 811
Rule Caption: License Suspension and Probation Provisions Adoption.
Adm. Order No.: BCE 3-2012
Filed with Sec. of State: 11-28-2012
Certified to be Effective: 11-28-12
Notice Publication Date: 10-1-12
Rules Adopted: 811-015-0080
Subject: The OBCE proposes to place their general policy regarding suspended licensees and probation provisions into administrative rule. Current policy lacks the effect of law and rule requirement.
Rules Coordinator: Donna Dougan—(503) 373-1579
License Suspension and Probation
(1) Chiropractic physicians and Chiropractic Assistants who are placed on suspension may not provide chiropractic treatment or services to any patient and are not to be in the clinic during business hours.
(2) The suspended chiropractic physicians shall not, directly or indirectly, engage in any conduct or make any statement which is intended to mislead or is likely to have the effect of misleading any patient, member of the public, or other person as to the nature of and reason for the suspension. It shall be prohibited to portray themselves to patients in any way as potentially practicing. Suspended chiropractic physicians may not perform intake functions and greeting patients. Suspended chiropractors and assistants should not be visible to patients as that could induce the belief they are practicing.
(3) Suspended chiropractic physicians shall prominently post in their clinic a suspension notice provided by the Board in a place conspicuous and readable to the public. The suspension notice shall remain posted during the entire period of actual suspension. The Board may waive this for good cause.
(4) Chiropractic physicians and assistants are prohibited from misrepresenting the status of licensure to any patients.
(5) Chiropractic physicians will be prohibited from using any student interns during the period of suspension or probation.
(6) Suspended chiropractic physicians may not provide any therapies as a CA. They may not personally sell or provide supplements or other products to clinic patients or persons coming in to the clinic. They may not perform adjustments on family or friends while they are suspended as this is the practice of chiropractic. They may not take films or perform any diagnostic procedures.
(7) Suspended chiropractic physicians may not engage in marketing which leads clients, consumers or patients to believe they are a practicing chiropractic physician at the time they are suspended. They may not place new advertising which indicates in any way the suspended chiropractic physician is practicing chiropractic during the suspension period.
(8) The list of prohibitions in this rule is not all inclusive and if the Board determines that a chiropractor was practicing chiropractic during the term of suspension it may result in disciplinary action. Violations of this rule may result in further discipline pursuant to ORS 684.100.
(9) A limited exception includes providing expert testimony at hearing or deposition, information to legal counsel in regards to a patient’s case that is in legal process of resolution regarding care provided prior to the suspension. Suspended chiropractic physicians are not prohibited from performing such business functions such as billing and attending tasks not related to patient scheduling, care, treatment or evaluation; but, it must be done outside of regular business hours.
Stat. Auth.: ORS
183.684 & 684.100
Stats. Implemented: ORS 684.155(b)
Hist.: BCE 3-2012, f. & cert. ef. 11-28-12