Oregon Ass'n of Acupuncture & Oriental Medicine v. Board of Chiropractic Examiners

Petitioners challenge the validity of OAR 811-015-0036, a rule adopted by the State Board of Chiropractic Examiners (the board) that authorizes chiropractic physicians to perform “dry needling.” Petitioners assert that the rule exceeds the board’s statutory authority, and they make several arguments to support that contention. We address only petitioners’ first argument — that the challenged rule authorizes a technique that is not encompassed within the practice of “chiropractic,” as defined by ORS 684.010(2)— which is dispositive. Because we conclude that dry needling does not fall within…