OAR 811-010-0005: Definitions

As used in OAR Chapter 811 unless otherwise required by context: (1) "Advertising" means any form of information intended for promotion. (2) “Applicant” or “Subject Individual”: (a) “Applicant” means a person applying for a license to practice chiropractic in this state, or applying for certification as a chiropractic assistant in this state. (b) “Subject individual” means a person from whom the OBCE may require fingerprints for the purpose of enabling the OBCE to request a state or nationwide criminal records check. Under this chapter, subject individual means applicants for doctor of chiropractic license, chiropractic assistant certification, and any licensee or certificate holder under investigation as ordered by the OBCE. (3) "Chiropractic physician" means a physician licensed to practice chiropractic under the provisions of ORS 684.054. (4) "Food" means nutritive material taken into an organism for growth, work, or repair and for maintaining the vital processes; anything that nourishes or sustains it. (5) “Good moral character” means an applicant or subject individual who has: (a) Not committed an offense or crime involving moral turpitude; (b) Not engaged in behavior involving dishonesty, fraud, deception, misrepresentation, gross negligence, or incompetence; (c) Answered truthfully and completely any question asked by the OBCE on an application for licensure or certification, or during the course of an investigation, or any other question asked by the OBCE. (d) Not had a professional license revoked or suspended by this state, a political subdivision of this state, or a regulatory board in another jurisdiction in or outside the United States, or voluntarily surrendered a professional license in lieu of disciplinary action; (e) Not displayed evidence of an existing and untreated drug, alcohol, or mind-altering substance abuse or dependency; (f) Not been subject to academic probation (not GPA related), expulsion, and/or disciplinary action for conduct in an academic setting. (6) "Licensee" or "certificate holder" means a chiropractic physician or a certified chiropractic assistant. Licensee is used throughout these rules to refer to both types of regulated individuals. (7) “Nutritional Supplement” means vitamins, minerals, herbs, meal supplements, sports nutrition products, natural food supplements, and other related products used to boost the nutritional content of the diet. (8) “Over-the-counter” and “Nonprescription drugs” means substances which may be sold without a prescription, which are prepackaged for use by the consumer, and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government. (9) "Patient" means any person who is examined, treated, or otherwise provided chiropractic services whether or not the person has entered into a physician/patient relationship or has agreed to pay a fee for services. (10) “Prescription drug” or “legend drug” means a drug which is: (a) Required by federal law, prior to being dispensed or delivered, to be labeled with either of the following statements: (A) “Caution: Federal law prohibits dispensing without prescription”; or (B) “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian”; or (b) Required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by appropriately licensed practitioners only.