Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 3 - Disciplinary Procedures › Subchapter 3 - Filing and Disposition of Complaints › Section 140:3-3-2 - Procedures for complaints against chiropractic physicians

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may
				submit to the Board a complaint against a chiropractic physician. In the event
				a complaint is made against a member of the Board or the Advisory Committee
				that member of the Board or Advisory Committee shall recuse himself from
				further action, investigation or other matter related to said complaint.
(b) The Board shall make available
				a form which may be used for the filing of complaints.
(c) After a complaint is received by the
				Board, the Executive Director and the Chair of the Advisory Committee, or a
				member of the Advisory Committee appointed by the Chair to serve as the Chair's
				designee, shall meet and determine whether the complaint merits further
				investigation. If a determination is made that the complaint merits further
				investigation, the Executive Director, in consultation with the Chair of the
				Advisory Committee or the Chair's designee, shall assign the complaint to an
				investigator. The focus and scope of the investigation shall pertain only to
				the subject of the complaint.
(d)
				No member of the Board shall review any complaint or discuss any complaint with
				any member of the Advisory Committee or any other person, including the
				complainant and the chiropractic physician named in the complaint, except that
				the Board may review the written report of the Advisory Committee as provided
				in (h), (i) and (j) of this section.
(e) No member of the Advisory Committee or
				the investigator may, in any way, discuss any complaint or the details therein
				with any person without order from the Board or a Court of competent
				jurisdiction. Discussion or disclosure of any complaint or information therein
				by an Advisory Committee member may result in that Advisory Committee member's
				removal from the investigation committee and other such sanctions as the Board
				deems appropriate.
(f) The amount
				of time for investigation of a complaint received by the Advisory Committee
				shall not exceed thirty-six (36) months.
(g) The investigator shall provide the
				chiropractic physician named in the complaint with a notice of the complaint
				and shall require said chiropractic physician to provide a written response to
				the complaint within thirty (30) calendar days of mailing of a copy of the
				notice to said chiropractic physician. The failure of a chiropractic physician
				to respond to such a request of the Advisory Committee or investigator shall be
				grounds for disciplinary action by the Board. In addition, the chiropractic
				physician named in the complaint shall not contact, attempt to contact or allow
				anyone else to contact the person(s) who filed the complaint or the person(s)
				who the chiropractic physician named in the complaint believes may have filed
				the complaint.
(h) It shall be the
				duty of the investigator to investigate the complaint fully and in a manner
				consistent with due process requirements and the APA and to present the
				findings of the investigation to the Advisory Committee for review. At the
				conclusion of the investigation, the Advisory Committee, in consultation with
				the Board's prosecuting attorney, shall:
(1)
				refer the matter to the Executive Director may to issue a field citation
				pursuant to
				140:3-3-9 and
				thereafter submit a written report to the Board detailing the facts concerning
				the citation, or
(2) submit a
				written report to the Board detailing the findings and determinations of the
				Advisory Committee and making a recommendation as to further action by the
				Board.