OSCN Found Document:[HB 618] - AN ACT providing for revision of the chiropody laws; creating a State Board of Chiropody and outlining requisites and conditions and prescribing duties and powers in respect thereto; defining the practice...
Oklahoma Session Laws - 1955
CHAPTER 4-Chiropody.
HOUSE BILL NO. 618
AN ACT providing for revision of the chiropody laws; creating a State Board of Chiropody and outlining
requisites and conditions and prescribing duties and powers in respect thereto; defining the practice
of chiropody; establishing examination, licensing, and recordation requirements and providing manner
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and procedure for renewals, revocations, suspensions and investigations; providng for accrediting of
chiropody colleges; establishing a chiropody fund and directing use and management thereof; providing
conditions for reciprocity; providing penalties for violation of Act and granting restraining and in-
Junctive relief; repealing Sections 111 through 135, inclusive, Title 59, Oklahoma Statutes 1951; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Section 1. Definitions. The following term or terms used herein shall be
interpreted to mean the following:
(a) "Board", the Oklahoma State Board of Chiropody constituted or con-
tinued hereby.
(b) "Oklahoma Chiropody Association", the Oklahoma Chiropody Asso-
ciation, Inc., a corporation under the laws of Oklahoma, formerly named the
Oklahoma Podiatry Association.
(c) "Applicable Laws", the laws of this State relating to Chiropody in
effect at the time or times referred to or suggested by the context in which
used-being all the laws of this State regulating in any way the profession of
Chiropody in effect at the time or times in question.
(d) "Licensed Chiropodist", a person duly licensed under the Applicable
Laws to practice Chiropody whose license is in full force and effect under the
Applicable Laws.
(e) "Code of Ethics", the code of ethics, as the same existed on January 1,
1955, of the Oklahoma Chiropody Association.
(f) "Rules and Regulations", the valid rules and regulations adopted by
the Board pursuant to the Applicable Laws, being all such in effect at the
time or times in question.
Section 2. State Board of Chiropody Created-Appointment of Members-
Tenure-Vacancies--Qualification of Members. There is hereby constituted
the Oklahoma State Board of Chiropody, to consist of three (3) members to
be appointed by the Governor. Until, but only until, the Governor makes the
first three (3) appointments hereunder the Oklahoma State Board of Chiropody
as constituted at and prior to the time when this Act shall become effective
shall continue with all the powers and duties provided for the Board by the
Applicable Laws. The Governor shall make the first three (3) appointments
within sixty (60) days after this Act shall take effect, the first appointed to
serve until July 1, 1956, the second until July 1, 1957, and the third until
July 1, 1958. Immediately prior to the expiration of the various terms and
upon vacancies, the Governor shall appoint successors. An appointment to fill
a vacancy shall be for the unexpired term. The term of membership of each,
excepting as hereinbefore provided otherwise, shall be three (3) years
from the expiration of the term of the member succeeded, excepting that
always a member shall serve until his or her successor is appointed and
qualified. Only persons of good moral character, residing in this State in good
faith, who have been actively engaged in the practice of Chiropody in this
State for more than three (3) consecutive years immediately prior to the
appointment, and who have never been convicted of a felony, shall be ap-
pointed. No person shall be a member of the Board unless at the time he be a
Licensed Chiropodist and, as required by the Code of Ethics, a member in good
standing of the National Association of Chiropodists and of the Oklahoma
Chiropody Association. Each member of the Board shall take the oath or
affirmation provided in Article 15 of the Constitution of the State of Oklahoma
for State officers, to be administered and filed as provided in said Article.
Section 3. Exceptions to Application of Act. Nothing in this Act shall
apply to any medical doctor, osteopath, or chiropractor licensed as such under
the laws of this State, now or hereafter.
Section 4. Meetings of Board--Officers of Board-Quorum. The Board
shall hold a regular meeting each year in September for transacting such
business as properly comes before it. Upon call by any two (2) of its members,
it may hold special meetings at any time for transacting any business. It may
meet at such times and places in this State as are agreeable to it. It may
adjourn any meeting as it determines and meet again at the time or times it
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appoints. As it determines, it shall organize annually by electing a President,
a Vice-President, and a Secretary-Treasurer. In addition to the duties usually
incumbent upon his or her office, each such officer shall perform at all times
all duties authorized as to his or her office by the Applicable Laws and the
Rules and Regulations. Each shall serve in the office to which elected until
the close of the September meeting following his or her election and until his
or her successor is elected, unless the office be vacated sooner by the Board
or by removal from membership upon the Board by the Governor; provided
that, any such officer may resign at any time. The President, and in his or
her absence the Vice-President, shall preside at all meetings. A majority of
the Board shall constitute a quorum and have power to act.
Section 5. Employees and Attorneys-Evidence of Violations to be Gath-
ered by Board-Assistance to County Attorneys-Office Space and Equipment-
Expenses from Chiropodist Fund-Bonds-Seal. The Board may employ,
contract with, and direct stenographic, clerical, and secretarial help and in-
vestigators and attorneys to assist it and its officers in observing and perform-
ing under the Applicable Laws and to help carry out and enforce the Ap-
plicable Laws otherwise. It may gather and present to County Attorneys of
this State evidence which it believes shows violations of the Applicable Laws,
and among other purposes authorized by law it may use attorneys it employs
to assist County Attorneys (but only with their consent) in the prosecution
of such violations, and also to represent it in any court. It may discharge
any person it employs, but this provision shall not be interpreted as author-
izing it to fail in any way to observe and perform its lawful contracts. It
may contract for and purchase or rent books, stationery, forms, postage, equip-
ment, other materials and supplies, and furniture and it may rent or lease of-
fice space or other quarters; but the compensation of those it employes or with
whom it contracts and the consideration it owes under its contracts and its
other costs and expenses and liabilities whatever shall never be a charge
against the State of Oklahoma, except that the Board may cause payment for
all thereof to be made from the Chiropodist Fund insofar as there are from
time to time amounts to said Fund for the purposes. It shall have power to
require fidelity bonds of those it employes[sicl; and it shall adopt a seal and use
the same by impression in addition to the signature of the Board wherever its
signature is permitted or required.
Section 6. Powers of Board-Rules and Regulations-Minimum Standards
-Hearings and Investigations-Forms-Amendments to Rules. The Board
shall have power to establish from time to time such rules and regulations as
it deems necessary or helpful for assigning duties to its officers and to govern
those it employs or directs and to govern also the following: the manner of
making its contracts and incurring and paying its obligations, the presenta-
tion, consideration, acceptance, and rejection of applications to it, and the
forms or such applications and of reports to it, the giving and refusal of exam-
inations, the acceptance, rejection, grading, preserving, and destroying of
examination papers, the giving and refusal of reports thereon, the preserving
and destroying of its records and files, the setting and conducting of hearings
and the making of investigations by it. It shall have power also to define
and establish from time to time reasonable minimum standards and require-
ments, determined by it to be necessary or helpful to promote the public
health and safety, and (1) for sanitary methods and practices to be used, ob-
served, and followed with patients by persons practicing or offering to prac-
tice Chiropody in this State and by nurses and others assisting or offering to
assist such persons, and (2) for general physical examinations (including radio-
graphs of the chest and generally accepted serologic tests for syphilis and the
taking or morbidity histories) of such nurses and others and for reports to it
of the names and addresses of those examined and of the results of such ex-
aminations and the histories obtained and of the facts as to where, when, and
by whom the examinations were made and the histories taken, and (3) for
proficiency of such nurses and others in the rendering of such assistance, and
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(4) for prohibiting the employing or use otherwise of Chiropodists in their
professional practice in this State of any such nurse or other person not rea-
sonably meeting any such requirement or standard or found by the Board not
reasonably observing and complying with any other of the Rules and Regu-
lations applicable to them, and (5) for the courses of study to be offered and
the equipment and other facilities and teaching faculty to be provided and
the training to be given by Chiropody Colleges in order that they receive
accreditation by the Board and for the accrediting by the Board of Chiropody
Colleges meeting the minimum standards it sets, and (6) for the educational
attainments which applicants must have successfully achieved to be entitled
to take examination, and (7) for the nature, field, and amount of observation
of the practice of Chiropody in this State and of active assistance therewith
or of service as an interne in conformity with the requirements of a College of
Chiropody accredited by the Board which the Board shall require of appli-
cants successfully passing the examination the Board gives before such appli-
cants shall be entitled to receive a license to practice Chiropody in this State,
and (8) for the issuance of licenses to those entitled thereto, and (9) for
denying renewal or reinstatement of licenses to persons applying therefor who
do not reasonably meet the applicable and reasonable standards or require-
ments established by the Board and who are found by the Board not reason-
ably complying with any other of the Rules and Regulations applicable to
them, and (10) for the practice of Chiropody by a Licensed Chiropodist in a
place where his or her license is not at the time conspicuously displayed or in
a county or counties in this State other than where his or her license is regis-
tered, and (11) for the publication and distribution of the Rules and Regula-
tions to those affected thereby and assistance therewith by Licensed Chiropo-
dists. Provided that, no such rule or regulation shall be established which is
not general in its effect or which operates to reduce or narrow standards or
requirements expressly fixed by the Applicable Laws, or is contrary to the
Applicable Laws, or is unreasonable or impractical and not likely to help
accomplish one or more of the following: carry into effect the Applicable Laws
or preserve or promite the public health, safety, or comfort or aid the Board
in observing and performing its duties or exercising its powers. The Board
shall have power to conduct from time to time hearings and investigations to
determine the necessity or advisability or practicability and effect of any
and all such standards, requirements, rules, and regulations. From time to
time it may adopt such forms as it deems necessary or convenient for carrying
on its business and observing and performing its duties and exercising its
powers and, except as expressly or impliedly prohibited by the Applicable
Laws, may increase the amounts of fees required to be paid to it. It may
from time to time amend and rescind rules and regulations it adopts.
Section 7. Acts Constituting Chiropody - Circumstances to Which This
Act not Applicable. Any one or more of the following shall be deemed to be
practicing Chiropody: in any way examining, diagnosing, recommending for,
prescribing for, caring for or treating in this State ailments, diseased condi-
tions, deformities or injuries of the human foot (except amputation of the
foot), whether or not done directly thereon; massage or adjustment in connec-
tion with such examining, diagnosing, recommending, prescribing, treating,
or caring for; fitting, building, or otherwise furnishing pads, inserts, appli-
ances, inlays, splints, or supports or giving or using medicament or anaesthetics
in connection with such examining, diagnosing, recommending, prescribing,
treating, caring for or fitting; and offering in this State to any person to do
or cause to be done, or attempting in this State to do or cause to be done, any
or all of the foregoing. Provided, however, that the provisions of this Act
shall not apply to the sale of proprietary or patented foot remedies, pads,
supports or corrective shoes. Provided further, that the fitting or recommend-
ing of appliances, devices, or shoes for the prevention, correction, or relief
of foot ailments or troubles, by regular established retail dealers or their
regular salesmen, not holding themselves out to the public as Chiropodists
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under the terms of this Act, shall not be in violation hereof. Nor to parents
rendering such care to their children, nor to superintendents or employees
of any orphanage, home or children's hospital, to children under their super-
vision, nor to self-treatment, or by any one in case of an emergency.
Section 8. Practice Without License-License Given Upon Examination-
License to be Displayed- False Representations as to License-Violations and
Penalty. Unless one be at the time a Licensed Chiropodist, it shall be unlaw-
ful for him or her to practice or attempt to practice Chiropody in this State
as defined by the Applicable Laws or as otherwise defined or as a podiatrist
or foot doctor or foot specialist or to hold oneself out in any way, either publicly
or privately, as any such or as being capable of no practicing, except that an
applicant for license by examination who has successfully passed the exami-
nation the Board gives may practice Chiropody to the extent necessary to en-
able him or her to observe and assist as authorized by the Applicable Laws
if while so doing he or she complies with those of the Rules and Regulations
applicable to him or her. It shall be unlawful for a Licensed Chiropodist to
practice as such at any time when his or her license is not conspicuously dis-
played in his or her place of regular practice or to use or maintain, or help
use or maintain, an office, clinic, or other place of business for the practice
of Chiropody in any county in this State other than the county in which he
or she maintains residence in good faith at the time, except as may be other-
wise allowed by the Rules and Regulations. At any time when a license is
not in full force and effect under the Applicable Laws, it shall afford the
licensee named therein no right to practice. It shall be unlawful for any person
knowingly to represent in any manner in this State, either publicly or privately,
that another person is a Licensed Chiropodist or chiropodist or podiatrist or
foot doctor or foot specialist or capable of examining, diagnosing, recommend-
ing for, prescribing for, caring for, or treating in this State ailments, diseased
conditions, deformities, or injuries of the human foot, unless such other per-
son at the time of the representing is a Licensed Chiropodist. It shall be un-
lawful for any Licensed Chiropodist to do any one or more of the following:
violate any provision of this Act; violate the Code of Ethics in any way; violate
the Rules and Regulations in any way. Any person who does any one or more
of the things made unlawful by this Section shall be guilty of a misdemeanor
and upon conviction shall be fined not more than Five Hundred Dollars
($500.00) or shall be imprisoned in the county jail for not more than six (6)
months or be punished by both such fine and imprisonment; and each separate
day on which any person so unlawfully does any one or more of such things
shall be and constitute a separate and distinct offense.
Section 9. Examination-Fee-Requirements-Subjects Covered-Grading
Papers-Licenses Heretofore Issued, Effect of. Unless and until the amounts
are increased by the Board, the fee for examination for license to practice
Chiropody in this State shall be One Hundred Dollars ($100.00). From time
to time the Board may increase this fee, but not more than an additional Two
Hundred Dollars ($200.00). The examination for such license shall be given
by the Board; and while it may give the examination at any special meeting,
it shall not be required so to do. To be entitled to take the examination, a per-
son shall file written application therefor as required by the Board, pay to the
Secretary-Treasurer of the Board in advance the fee for examination, and
satisfy the Board that he is loyal to the United States of America, is more
than twenty-one (21) years of age, is of good moral character, has not been
finally convicted of any crime involving moral turpitude or of any felony, is
free from contagious or infectious disease, is a graduate of a College of Chiro-
pody conferring the DSC degree and meeting all requirements for accredita-
tion by the Council on Education of the National Association of Chiropodists
and by the Board, has complied with those of the Rules and Regulations
applicable to him or her, and is a resident in good faith of this State or, if
successful upon the examination, will become such resident without delay.
Any person shall receive a license to practice Chiropody in this State, to be
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issued by the Board, who (1) takes the examination the Board gives and re-
ceives pursuant thereto. a general average of at least seventy-five per cent
(75%) and not less than sixty-five per cent (65%) in each subject upon which
examined, and (2) observes the practice of Chiropody in this State and ac-
tively assists therewith or serves as an interne in conformity with the re-
quirements of a College of Chiropody accredited by the Board for such time
and in such manner as the Rules and Regulations require, but as to such ob-
servation and assistance or service as an interne for not less than ninety (90)
days or more than three hundred and sixty-five (365) days, and (3) first
satisfies the Board that he has so observed and assisted or has so served, and
(4) also satisfies the Board he or she has not violated any of the Rules and
Regulations applicable to him or her or any of the Applicable Laws. The
examination shall be written, oral, and clinical and in the English language.
It shall be in the following subjects: Anatomy, Histology, Physiology, Diag-
nosis and Treatment, Bacteriology, Pathology, Surgery, Dermatology, Chem-
istry, Hygiene, Materia Medica, Therapeutics, Clinical and Orthopedic Chiro-
pody, Anaesthetics, and Asepsis, and also the Oklahoma Law relating to
Chiropody-and it may be in such other subjects as the Board from time to
time determines. The Board may authorize examination papers to be graded
by one or more of its own members or by any one or more Licensed Chiropo-
dists it selects. Each license issued by the Board shall be signed by each mem-
ber of the Board, bear the seal of the Board, and designate the licensee as
Registered Chiropodist. Licenses heretofore issued by the Board which are
duly registered in the office of the County Clerk as required by the Applicable
Laws and which are now in full force and effect and are not in need of rein-
statement, and as to heretofore issued licenses, these only shall remain effec-
tive and be subject to the Applicable Laws, but to continue effective here-
after they must be renewed annually or reinstated as provided by the Appli-
cable Laws. The observation and assistance of one passing the examination
need not be in all things which a Licensed Chiropodist may lawfully do under
his or her license. One who does not so satisfy the Board, within twenty-four
(24) months after taking and passing the examination, that he or she has so
observed and assisted or has so served as an interne and also that he or she
has complied with those of the Rules and Regulations applicable to him or her,
shall not be entitled so to do thereafter without taking again the examination.
Section 10. Licenses-Renewals-Renewal Fee-Suspensions and Rein-
statements-Duties of Secretary-Treasurer of Board. Each license to prac-
tice Chiropody heretofore issued which remains effective under the provisions
of this Act and each such license issued hereafter under the Applicable Laws
shall entitle the licensee, subject to the Applicable Laws, to practice Chiropody
in this State as defined by the Applicable Laws and to hold himself or herself
out as a Licensed Chiropodist and as a Registered Chiropodist from the date
of issuance thereof until the following first day of July and as long as law-
fully renewed, unless suspended or revoked as authorized by the Applicable
Laws. Upon such application therefor, if any, as the Board requires from
time to time, and upon first satisfying the Board that he or she is not at the
time violating the Applicable Laws or any of the Rules and Regulations appli-
cable to him or her or the Code of Ethics and upon the payment in advance
to the Secretary-Treasurer of the Board of the annual renewal fee required
under the Applicable Laws and the Rules and Regulations, a licensee shall be
entitled to have his or her such license to practice Chiropody renewed annually
on or before the first day of each July, upon which date such annual renewal
fee shall become due and owing; and a Licensed Chiropodist who does not
so satisfy the Board and pay the annual renewal fee required by the Appli-
cable Laws and the Rules and Regulations, in the time and manner required
thereby, shall cease to be entitled to have such license renewed. If not paid
on or before September 30 immediately following such first day of July,-
the annual renewal fee shall become delinquent and the license shall be auto-
matically suspended and not entitled to renewal thereafter, though it may be
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reinstated as provided by the Applicable Laws and the Rules and Regulations.
Upon such suspension all the rights of the licensee by virtue of the license
shall be suspended and cease and shall remain suspended unless or until the
license is reinstated as authorized by the Applicable Laws and the Rules and
Regulations. The license shall be renewed by the Board upon the payment of
the delinquent annual renewal fee, without penalty, between July 1 and Sep-
tember 30 immediately following, if, and only if, the licensee first satisfies
the Board that during the then immediately preceding twelve (12) months
he or she did not violate, and that at the time he or she is not violating
the Applicable Laws or the Code of Ethics or any of the Rules and Regu-
lations applicable to him or her; and the renewal, if granted by the Board,
shall operate to remove the suspension aforesaid. After that September 30
and or before the close of the next following June 30, and upon such appli-
cation therefor, if any, as the Board requires, and upon first satisfying the
Board that during the then immediately preceding twelve (12) months
he or she did not violate, and at the time is not violating, the Applicable
Laws or the Code of Ethics or any of the Rules and Regulations applicable
to him or her, a licensee shall be entitled to have his or her such license to
practice Chiropody reinstated, upon the payment first of the delinquent
annual renewal fee, plus such penalty additional as the Board imposes, not
to exceed in all four (4) times the delinquent fee; and the reinstatement
shall operate to reinstate the license and remove such suspension. But such
a license to practice Chiropody not so reinstated in such time shall become
void at the close of that June 30; and thereafter it shall not be renewed or
reinstated. The annual renewal fee shall be such sum, not less than Fifteen
Dollars ($15.00) and not more than Fifty Dollars ($50.00), as the Board from
time to time sets. Upon the timely payment of the annual renewal fee or
the reinstatement fee, as the case may be, the Secretary-Treasurer of the
Board shall issue and mail to the licensee such certificate or renewal or
reinstatement as the Board shall direct, which when so mailed shall operate
to renew or reinstate the license, as the case may be, for the period ending at
the close of the immediately following July 1, after which it must be re-
newed again or be reinstated in the same time and manner to continue
effective. Said Secretary-Treasurer shall keep a license record showing
each license issued by the Board, the name and last post office address fur-
nished by registered mail to said Secretary-Treasurer of each licensee, the
year of issuance of the license, whether by examination or otherwise, the
renewals and reinstatements and suspensions and revocations thereof, and
the fact as to whether the license be in force or suspended or void; and such
record as to any license, or a copy thereof certified to by said Secretary-Trea-
surer as complete and true as to the license in question, shall constitute prima
facie evidence of the recitals therein and the fact disclosed thereby as to
whether the license described is in force or suspended or void.
Section 11. License to be Registered With County Clerk-Registration Fee
-Duties of County Clerk. Each person to whom a license to practice Chiropody
is issued hereafter under the Applicable Laws shall, within one (1) month
from the date of the receipt of the license, present the same to the County
Clerk of the county in this State in which he maintains his legal residence
and at the time pay to said County Clerk a registration fee of One Dollar
($1.00). Upon the payment to him of such registration fee, said County Clerk
shall register in his office the license and the date and number thereof and
the name and address of the licensee and endorse on the back of the license the
fact of the registration and then immediately return to the licensee the license;
and within two (2) weeks after the license is submitted to him, said County
Clerk shall notify the Board in writing that the license has been registered
in his office and furnish the Board a description of the license.
Section 12. Revocation of License. The Board, by its written order and
in its discretion, at any time and for a period not exceeding three (3) years
may suspend any license to practice Chiropody heretofore issued and remain-
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ing effective under the provisions of this Act or hereafter issued under the
Applicable Laws for any one or more of the grounds or causes provided
for revocation of such a license by the Applicable Laws.
Section 13. Grounds for Revocation of License. The Board, by its written
order and in its discretion, at any time may revoke any license to practice
Chiropody heretofore issued and remaining effective under the provisions of
this Act or hereafter issued under the Applicable Laws for any one (1) or
more of the following causes: the wilful betrayal by the Licensee of any
professional secret; the wilful and fraudulent making by the licensee to the
Board of any false and material statement, either before or after the issuance
of the license; final conviction of the licensee in any court of any crime in-
volving moral turpitude or of any felony; the use by the licensee of alcohol,
any stimulant, any drug, or any substance which impairs intellect, judgment,
or physical ability to such an extent as to incapacitate the licensee to per-
form his or her professional duties with safety and benefit to the public;
mental or physical weakness or inability which so incapacitates the licensee;
any advertising, statement, or representation made by the licensee, which is
untrue or improbable and calculated by the licensee to mislead the public
or patients, actual or prospective, or to mislead both; advertising, practic-
ing, or attempting to practice Chiropody under a name other than the licensee's
own name; practicing fraud by omission or commission by the licensee in
examination given by the Board or in obtaining license or in obtaining re-
newal or reinstatement of license; failure or neglect by the licensee to pay
or cause to be paid promptly any license fee or renewal fee required by the
Applicable Laws or required by the Applicable Laws and the Rules and Regu-
lations, as the case may be; wilful failure or neglect by the licensee to em-
ploy antiseptic methods in his or her practice or to do reasonable steri-
lizing as needed for protecting the patient; performing any surgery as to
which he or she has not had reasonable training; gross and wilful neglect
of duty as a member or officer of the Board; any act or omission by the
licensee made unlawful by the Applicable Laws, regardless of whether the
licensee shall have been convicted thereof in any court; final conviction of
the licensee in any court of any violation of the Applicable Laws; advertising,
or representing in any other way, by the licensee which is grossly untrue or
improbable; advertising or knowingly allowing the publication of one's name
or address or of any other reference to one professionally, whether direct or
indirect, by a licensee in any telephone or other directory published for
distribution in any way when the type used to show the name, address, or
other reference or type used in connection therewith is of such size or face
or kind as to call for payment of more than the minimum rate charges regularly
by the one in control of the directory for such a publication when type of
ordinary size, face, or kind is used; publishing or knowingly allowing the
publishing, either daily or from time to time, of any statement, question,
or announcement relating in any way to a licensee's name or address or
practice or services or work or to his or her office, clinic, or other place of
business during a period of more than thirty (30) days in any six (6) months'
period; grossly dishonorable conduct on the part of the licensee; divided by
the licensee with any other person or with any partnerhip, association, trust,
corporation, or firm, in any proportion, of any fee, gift, compensation, or other
reward for services as a Chiropodist, except with another Licensed Chiropodist
or with an applicant for license observing or assisting as authorized by the
Rules and Regulations or with a practitioner of a healing art duly licensed
under the laws of this State or some other State or District or Territory under
the jurisdiction of the United States of America who actually shares in the
service or in the responsibility attending the service or at the time of the
service is an active associate of the licensee in the lawful practice of Chiropody
in this State; any act or omission on the part of the licensee which is con-
trary to or in derogation of the Code of Ethics; and any wilful violation of
the Rules and Regulations. Proof before the Board to its satisfaction of com-
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mitment under the laws of this or any other such State, District, or Territory
of a licensee to any institution for the insane or feeble-minded, shall constitute
prima facie proof to the Board of mental weakness or inability which incapac-
itates the license to perform his or her professional duties with safety and
benefit to the public.
Section 14. Written Charges to be Filed-Notice Required-Hearing and
Determination. Charge or charges for suspension or revocation of license shall
be in writing and filed with the Secretary-Treasurer of the Board, and may
be made by anyone; and no license shall be suspended or revoked until (1) a
copy of the charge or charges, shall have been sent to the licensee by regis-
tered mail to the last post office address of the licensee appearing upon the
license record of the Board or delivered to the licensee in person, and (2)
the licensee is notified in similar way of the time and place when and where
the Board will commence its hearing of the charge or charges, and (3) the
Board publicly hears the charge or charges and allows the licensee reasonable
opportunity to appear in person or by counsel or in both such ways and to
present evidence in refutation of the charge or charges. Such notice shall be
issued by any member of the Board and shall be so given to the licensee at
least twenty (20) days before commencement of the hearing. Whether or not
the licensee appears, the Board may proceed and determine the truthfulness
or untruthfulness of the charge or charges; and if, upon such hearing, the
Board shall determine the charge or charges to be true wholly or in substantial
part, and if under the Applicable Laws the license may, and in the opinion of
the Board should, be suspended or revoked upon the evidence adduced, the
Board shall determine which, and if the determination be for suspension
shall determine also the duration of the suspension, and as it determines, the
Board by its written order shall revoke the license or suspend it for a speci-
fied time, not to exceed three (3) years, or adjudge that the evidence pre-
sented upon the hearing is insufficient to justify suspension or revocation.
If the Board shall determine that the charge or charges themselves if true are
insufficient to justify suspension or revocation, it shall so order and withhold
further proceeding thereon except to dismiss the same. The Board may con-
tinue the hearing from time to time as it determines. Suspension shall, during
the period of the suspension, and revocation shall, permanently, take from
the licensee all rights and privileges acquired by the license.
Section 15. Report of Revocation Proceedings-Expense-Preservation of
Report. A stenographic report of the proceeding to suspend or revoke a license
shall be pade by some capable person selected by the Board, and following
the hearing the same shall be reduced to typewritten form. The Board shall
pay the expense of all thereof; and at least one member of the Board in at-
tendance at the hearing shall in writing certify to the completeness and truth-
fulness of such record. The Board may alter such record as the Board shall
find necessary so the same will be complete and true. Such record, so certi-
fied to, including as a part thereof the charge or charges, the notice, a trans-
cript of the evidence adduced, including showing as to the manner and time
of giving the notice and as to the appearances or lack of appearances, together
with all exhibits and all other material records of the proceeding, shall be
preserved by the Secretary-Treasurer of the Board for at least five (5) years
after the date on which the order of suspension or revocation or dismissal
is entered by the Board.
Section 16. Bond of Secretary-Treasurer of Board. The Secretary-Treas-
urer of the Board, at the expense of the Board, shall maintain a surety bond
in favor of the State of Oklahoma, acceptable to the Secretary of State of the
State of Oklahoma and to the Board, in the sum of One Thousand Dollars
($1,000.00), for the faithful performance of all the duties enjoined upon said
Secretary-Treasurer by law, including the faithful and prompt payment into
the Treasury of this State of all fees received by said Secretary-Treasurer,
which bond shall be approved by, and filed with, said Secretary of State; and
the Board shall see that this Section is complied with.
315
PROFESSIONS AND OCCUPATIONS
Chapter 4
Title 59
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ACTS OF THE TWENTY-FIFTH LEGISLATURE
Section 17. License Without Examination in Certain Cases-Fee. By way of
reciprocity and without examination, the Board may issue a license to prac-
tice Chiropody in this State to any person who first satisfies the Board (1)
that he or she has all the qualifications required, by the Applicable Laws and
the Rules and Regulations, of a person to entitle the person to a license to
practice Chiropody in .this State pursuant to examination, excepting any as to
which the Board excuses compliance for good cause shown, and (2) that he
or she will, if granted a license to practice Chiropody in this State, become a
resident in good faith of this State without delay and practice Chiropody in
this State, and (3) that for at least three (3) years immediately prior to the
date on which he or she pays the required fee he or she lawfully practiced
Chiropody within and under the laws of a District or Territory or other State
of the United States of America pursuant to license issued thereby authorizing
such practice, and who pays in advance to the Secretary-Treasurer of the
Board the fee required by the Rules and Regulations for license by reciprocity,
which shall not be less than One Hundred and Fifty Dollars ($150.00) or more
than Three Hundred Dollars ($300.00); provided that, the provisions and
benefits of this Section shall extend only to persons who are residents in good
faith of Districts, Territories, or States which in the judgment of the Board
extend to citizens of this State substantially equal or greater reciprocity
privileges as to license to practice Chiropody.
Section 18. Members of Board Appointed by Governor. Members of the
State Board of Chiropody shall be appointed by and serve at the pleasure of
the Governor.
Section 19. Chiropodist Fund-Expenditures. All fees and renewal fees
and penalties coming into the hands of any member of the Board shall be
paid promptly by the member to the Secretary-Treasurer of the Board; and
all such received by said Secretary-Treasurer shall be paid promptly by him
or her into the State Treasury, and the State Treasurer shall issue a receipt
therefor. All such fees, renewal fees, and penalties shall go into the Chiropo-
dist Fund; and these, with the monies now in said Fund (as the same exists
under the laws of this State when this Act becomes effective), shall make
up the Chiropodist Fund, which is hereby continued. Said Fund shall be
subject to the Applicable Laws. All such fees, renewal fees, and penalties, and
all monies now in said Fund and said Fund as the same shall hereafter exist,
are hereby set apart and appropriated to the use of the Board in the due and
proper administration of the Applicable Laws and for the payment of all
the Board's and all its Secertary-Treasurer's lawful expense and chqrges, in-
cluding as a part thereof all owing at the time this Act becomes effective. The
sum hereby appropriated and authorized to be expended is hereby restricted
and limited to said Fund; provided that, the total of the expenditures from
said Fund each fiscal year may amount to, but shall not exceed, the total
amount of said Fund in that fiscal year. At the end of each fiscal year any
unexpended balance of said Fund shall be carried forward and placed to the
credit of said Fund in the State Treasury and may be used for purposes au-
thorized by the Applicable Laws in succeeding fiscal years. All expenses and
charges authorized by the Applicable Laws and approved by the Board or by
only its Secretary-Treasurer shall be proper charges against and payable from
said Fund upon request of the Board of said Secretary-Treasurer.
Section 20. Investigations and Hearings-Subpoenas and Witnesses-Rec-
ords. Said Board is hereby authorized to hold and conduct investigations and
hearings and determine any charge or charges for revocation or suspension of
any license issued by said Board, and for such purposes said Board, or any
member thereof, is hereby empowered to issue subpoenas, compel the attend-
ance of witnesses, and administer oaths. Subpoenas authorized by this Act
may be signed and issued by any member of said Board, and shall be served,
and return of service thereof made, in the same manner as a subpoena is served
out of a court of record in this State and as return in such case is made. If
a person fails and refuses to attend in obedience to such subpoena, or refuses
316
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to be sworn or examined or answer any question propounded by any member
of said Board or any attorney or licensee upon permission from said Board,
such person shall be guilty of a misdemeanor and punishable as such, upon con-
viction. All resolutions, findings, decisions and orders of said Board, and
minutes of all its meetings, shall be reduced to writing and recorded in a
record to be kept by the Secretary-Treasurer of said Board for that purpose.
Said Secretary-Treasurer shall keep complete records of all monies received
by him as such Secretary-Treasurer.
Section 21. Annual Report of Board. Said Board shall make an annual
report to the Governor, not later than the fifteenth day of November each
year, which report shall contain an account of all monies received, licenses
issued, suspended, or revoked and all expenditures made by said Board the
twelve (12) months prior to said date.
Section 22. Compensation of Members. Each member of the Board shall
receive Twenty-five Dollars ($25.00) per day for each day upon which the
Board is in session and the member is actively engaged in his duties as such
member, together with actual and necessary expenses in going to and from
and attending meetings of the Board.
Section 23. Restraining Orders and Injunctions. Restraining orders and
temporary and permanent injunctions may be granted by the district and
superior courts upon application of the Board for the purpose of restraining,
enjoining, and preventing threatened or likely violations of, and also enforcing,
and also requiring compliance with, the Applicable Laws.
Section 24. Invalidity Clause. If any section, paragraph, sentence, clause,
or phrase of this Act is held unconstitutional for any reason, the unconstitu-
tionality thereof shall not affect the validity of any other part of this Act,
it being the intent of the Legislature to enact irrespective of the constitutionality
or unconstitutionality of the balance.
Section 25. Repealing Clause. Sections 111 through 135, inclusive, Title
59, Oklahoma Statutes 1951, are hereby repealed.
Approved the 23rd day of May, 1955. Emergency.
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