Gala v. Board of Chiropractic Examiners

Final order of the Board of Chiropractic Examiners not overturned where the Board's determinations were supported by substantial evidence and not legally erroneous.

Gala sought judicial review of the Board of Chiropractic Examiners’ final order sanctioning him. Gala assigned error to the Board’s determinations that his “Healthy Living Plan” was “subject to the chiropractic standard of care,” that he “engaged in unprofessional or dishonorable conduct,” that he “engaged in gross negligence,” and that he “could be disciplined for conduct relating to Patient 3.” On petition for review, Gala argued that none of the Board’s determinations were supported by substantial evidence and specifically argued the Board’s “unprofessional or dishonorable conduct” standard was impermissibly vague and that the Board could not discipline him for conduct toward someone who did not consider themselves a patient. The Court found that all of the Board’s determinations were supported by substantial evidence. In addition, the Court found that by applying the standard in ORS 684.100(1)(f)(A), delineating six instances of unprofessional or dishonorable conduct, and further supporting those determinations with the Oregon Chiropractic Practices and Utilization Guidelines and Oregon Administrative Rules, the Board’s standard was not vague. Finally, the Board’s interpretation of OAR 811-101-0005(9) as extending “patient” not requiring a person’s belief that a provider is their doctor was not erroneous. Affirmed.