CHAPTER 201. CHIROPRACTORS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES
CHAPTER 201. CHIROPRACTORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 201.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Chiropractic Examiners.
(2) "Chiropractor" means a person licensed to practice
chiropractic by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.002. PRACTICE OF CHIROPRACTIC. (a) In this section:
(1) "Controlled substance" has the meaning assigned to that term
by Section 481.002, Health and Safety Code.
(2) "Dangerous drug" has the meaning assigned to that term by
Section 483.001, Health and Safety Code.
(3) "Incisive or surgical procedure" includes making an incision
into any tissue, cavity, or organ by any person or implement.
The term does not include the use of a needle for the purpose of
drawing blood for diagnostic testing.
(4) "Surgical procedure" includes a procedure described in the
surgery section of the common procedure coding system as adopted
by the Centers for Medicare and Medicaid Services of the United
States Department of Health and Human Services.
(b) A person practices chiropractic under this chapter if the
person:
(1) uses objective or subjective means to analyze, examine, or
evaluate the biomechanical condition of the spine and
musculoskeletal system of the human body;
(2) performs nonsurgical, nonincisive procedures, including
adjustment and manipulation, to improve the subluxation complex
or the biomechanics of the musculoskeletal system;
(3) represents to the public that the person is a chiropractor;
or
(4) uses the term "chiropractor," "chiropractic," "doctor of
chiropractic," "D.C.," or any derivative of those terms or
initials in connection with the person's name.
(c) The practice of chiropractic does not include:
(1) incisive or surgical procedures;
(2) the prescription of controlled substances, dangerous drugs,
or any other drug that requires a prescription; or
(3) the use of x-ray therapy or therapy that exposes the body to
radioactive materials.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 1, eff. September 1, 2005.
Sec. 201.003. APPLICATIONS AND EXEMPTIONS. (a) This chapter
does not apply to a registered nurse licensed under Chapter 301,
a vocational nurse licensed under Chapter 301, a person who
provides spinal screening services as authorized by Chapter 37,
Health and Safety Code, a physical therapist licensed under
Chapter 453, or a massage therapist or a massage therapy
instructor qualified and registered under Chapter 455 if:
(1) the person does not represent to the public that the person
is a chiropractor or use the term 'chiropractor,' 'chiropractic,'
'doctor of chiropractic,' 'D.C.,' or any derivative of those
terms or initials in connection with the person's name or
practice; and
(2) the person practices strictly within the scope of the
license or registration held in compliance with all laws relating
to the license and registration.
(b) This chapter does not limit or affect the rights and powers
of a physician licensed in this state to practice medicine.
(c) This section does not affect or prevent a student enrolled
in a college of chiropractic in this state from engaging in all
phases of clinical practice if the practice is:
(1) part of the curriculum; and
(2) conducted under the supervision of a licensed chiropractor
or a licensed physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.014, eff. Feb.
1, 2004.
Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of
Chiropractic Examiners is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 2, eff. September 1, 2005.
SUBCHAPTER B. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Sec. 201.051. BOARD; MEMBERSHIP. (a) The Texas Board of
Chiropractic Examiners consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) six chiropractors who are reputable practicing chiropractors
and who have resided in this state for at least five years
preceding appointment; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.052. MEMBERSHIP ELIGIBILITY. (a) A person is not
eligible to serve as a member of the board if the person:
(1) is a member of the faculty or board of trustees of a
chiropractic school or a doctor of chiropractic degree program;
(2) is a stockholder in a chiropractic school or college; or
(3) has a financial interest in a chiropractic school or
college.
(b) A person is not eligible for appointment as a public member
of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
802, Sec. 1, eff. June 15, 2007.
Sec. 201.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(c) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.
September 1, 2005.
(d) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1020, Sec. 36, eff. September 1, 2005.
Sec. 201.054. TERMS; VACANCY. (a) Members of the board are
appointed for staggered six-year terms. The terms of one-third of
the members expire on February 1 of each odd-numbered year.
(b) A person may not be appointed to serve more than two terms.
(c) If a vacancy occurs because of the death or resignation of a
board member, the governor shall appoint a replacement to fill
the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.055. OFFICERS. (a) The governor shall designate a
chiropractic member of the board as the board's president. The
president serves in that capacity at the will of the governor.
(b) The board shall elect one of its members as vice president
and one of its members as secretary-treasurer at the first board
meeting after the biennial appointment of board members.
(c) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(31).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(31), eff. Sept.
1, 2003.
Sec. 201.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 201.051 and 201.052(b);
(2) does not maintain during service on the board the
qualifications required by Sections 201.051 and 201.052(b);
(3) is ineligible for membership under Section 201.052 or
201.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the president of the board of the potential ground. The
president shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential
ground for removal involves the president, the executive director
shall notify the next highest ranking officer of the board, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 4, eff. September 1, 2005.
Sec. 201.057. PER DIEM; REIMBURSEMENT. (a) A board member is
entitled to a per diem as set by the General Appropriations Act
for each day the member engages in the business of the board.
(b) A member may not receive reimbursement for travel expenses,
including expenses for meals and lodging, other than
transportation expenses as provided by the General Appropriations
Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.058. MEETINGS. (a) The board shall hold regular
meetings to examine applicants and transact business at least
twice each year at the times and places determined by the board.
(b) A special meeting may be held at the call of three board
members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.060. BOARD SEAL. The seal of the board consists of a
five-point star with the words, "The State of Texas," and the
words, "Texas Board of Chiropractic Examiners," around the
margin.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.061. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the board's programs, functions, rules, and
budget;
(2) the results of the most recent formal audit of the board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 5, eff. September 1, 2005.
SUBCHAPTER C. BOARD PERSONNEL
Sec. 201.101. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 6, eff. September 1, 2005.
Sec. 201.102. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide as often as necessary to
its members and employees information regarding their:
(1) qualifications for office or employment under this chapter;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency postings of all nonentry level
positions concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.104. EQUAL EMPLOYMENT OPPORTUNITY; REPORT. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, application, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of the
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must be:
(1) prepared to cover an annual period;
(2) updated annually;
(3) reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 201.151. GENERAL POWERS AND DUTIES. The board shall
administer the purposes of and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.152. RULES. (a) The board may adopt rules and bylaws:
(1) necessary to:
(A) perform the board's duties; and
(B) regulate the practice of chiropractic; and
(2) relating to the board's proceedings and the board's
examination of an applicant for a license to practice
chiropractic.
(b) The board shall adopt rules for the enforcement of this
chapter. The board shall issue all rules based on a vote of a
majority of the board at a regular or special meeting. The
issuance of a disciplinary action or disciplinary order of the
board is not limited by this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 7, eff. September 1, 2005.
Sec. 201.1525. RULES CLARIFYING SCOPE OF PRACTICE OF
CHIROPRACTIC. The board shall adopt rules clarifying what
activities are included within the scope of the practice of
chiropractic and what activities are outside of that scope. The
rules:
(1) must clearly specify the procedures that chiropractors may
perform;
(2) must clearly specify any equipment and the use of that
equipment that is prohibited; and
(3) may require a license holder to obtain additional training
or certification to perform certain procedures or use certain
equipment.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 8, eff. September 1, 2005.
Sec. 201.1526. DEVELOPMENT OF PROPOSED RULES REGARDING SCOPE OF
PRACTICE OF CHIROPRACTIC. (a) This section applies to the
process by which the board develops proposed rules under Section
201.1525 before the proposed rules are published in the Texas
Register and before the board complies with the rulemaking
requirements of Chapter 2001, Government Code. This section does
not affect the duty of the board to comply with the rulemaking
requirements of that law.
(b) The board shall establish methods under which the board, to
the extent appropriate, will seek input early in the rule
development process from the public and from persons who will be
most affected by a proposed rule. Methods must include
identifying persons who will be most affected and soliciting, at
a minimum, the advice and opinions of those persons. Methods may
include negotiated rulemaking, informal conferences, advisory
committees, and any other appropriate method.
(c) A rule adopted by the board under Section 201.1525 may not
be challenged on the grounds that the board did not comply with
this section. If the board was unable to solicit a significant
amount of advice and opinion from the public or from affected
persons early in the rule development process, the board shall
state in writing the reasons why the board was unable to do so.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 8, eff. September 1, 2005.
Sec. 201.153. FEES. (a) The board by rule shall set fees in
amounts reasonable and necessary to cover the costs of
administering this chapter. The board may not set a fee in an
amount that is less than the amount of that fee on September 1,
1993.
(b) Each of the following fees imposed under Subsection (a) is
increased by $200:
(1) the fee for an annual renewal of a license;
(2) the fee for issuance of a license to an out-of-state
applicant;
(3) the fee for an examination; and
(4) the fee for a reexamination.
(c) For each $200 fee increase collected under Subsection (b),
$50 shall be deposited in the foundation school fund and $150
shall be deposited in the general revenue fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 899, Sec. 2.
Sec. 201.154. CERTIFICATION FOR MANIPULATION UNDER ANESTHESIA
PROHIBITED. Notwithstanding any other provision of this chapter,
the board may not adopt a process to certify chiropractors to
perform manipulation under anesthesia.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive
practices by that person.
(b) The board may not include in rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the use of a trade name in advertising by the
person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.1555. FRAUD. (a) The board shall strictly and
vigorously enforce the provisions of this chapter prohibiting
fraud.
(b) The board shall adopt rules to prevent fraud in the practice
of chiropractic, including rules relating to:
(1) the filing of workers' compensation and insurance claims;
and
(2) records required to be maintained in connection with the
practice of chiropractic.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 9, eff. September 1, 2005.
Sec. 201.156. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
(c) The board by rule shall adopt procedures concerning:
(1) the retention of information files on license holders; and
(2) the expunction of files on license holders, including
complaints, adverse reports, and other investigative information
on license holders.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.157. IMMUNITY. In the absence of fraud, conspiracy, or
malice, a member or employee of the board, a witness called to
testify by the board, or a consultant or hearing officer is not
liable in a civil action for any alleged injury, wrong, loss, or
damage for any investigation, report, recommendation, statement,
evaluation, finding, order, or award made in the course of
performing the person's official duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.158. BOARD COMMITTEES. (a) The board may appoint
committees from its own members.
(b) A committee appointed from the members of the board shall:
(1) consider matters referred to the committee relating to the
enforcement of this chapter and the rules adopted by the board;
and
(2) make recommendations to the board.
(c) The board may delegate to a committee of the board an
authority granted to the board under Section 201.505(c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.159. RECORDS. (a) The board shall preserve a record
of its proceedings in a register that contains:
(1) the name, age, place, and duration of residence of each
applicant for a license;
(2) the amount of time spent by the applicant in the study of
chiropractic in respective doctor of chiropractic degree
programs; and
(3) other information the board desires to record.
(b) The register shall show whether an applicant was rejected or
licensed.
(c) The information recorded in the register is prima facie
evidence of the matters contained in the register. A certified
copy of the register with the seal of the board is admissible as
evidence in any court of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.051(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
802, Sec. 2, eff. June 15, 2007.
Sec. 201.160. PAYMENT OF OTHER EXPENSES. The board shall pay
the necessary expenses of an employee of the board incurred in
the performance of the employee's duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 285, Sec. 24, eff. Sept. 1,
2003.
Sec. 201.161. APPROPRIATION FROM STATE TREASURY PROHIBITED. The
legislature may not appropriate money, other than fees, from the
state treasury for an expenditure made necessary by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.163. POLICY ON TECHNOLOGICAL SOLUTIONS. The board
shall implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform
its functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 10, eff. September 1, 2005.
Sec. 201.164. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 10, eff. September 1, 2005.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 201.201. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.202. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.203. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
The board may provide for that notice:
(1) on each registration form, application, or written contract
for services of a person regulated by the board; or
(2) on a sign prominently displayed in the place of business of
each person regulated by the board.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.204. RECORDS OF COMPLAINTS. (a) The board shall keep
an information file about each complaint filed with the board.
The board's information file must be kept current and contain a
record for each complaint of:
(1) each person contacted in relation to the complaint;
(2) a summary of findings made at each step of the complaint
process;
(3) an explanation of the legal basis and reason for a complaint
that is dismissed;
(4) the schedule required under Section 201.205 and a
notification of any change in the schedule; and
(5) other relevant information.
(b) Except as provided by Subsection (c), if a written complaint
is filed with the board that the board has authority to resolve,
the board, at least quarterly and until final disposition of the
complaint, shall notify the parties to the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
(c) If a written complaint that the board has authority to
resolve is referred to the enforcement committee, the board at
least semiannually and until final disposition of the complaint,
shall notify the parties to the complaint of the status of the
complaint unless the notice would jeopardize an undercover
investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this section must:
(1) distinguish between categories of complaints;
(2) require the board to prioritize complaints for purposes of
determining the order in which they are investigated, taking into
account the seriousness of the allegations made in a complaint
and the length of time a complaint has been pending;
(3) ensure that a complaint is not dismissed without appropriate
consideration;
(4) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the complaint;
(5) ensure that the person who filed the complaint has the
opportunity to explain the allegations made in the complaint; and
(6) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator.
(b) The board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the
complaint process that is under the control of the board not
later than the 30th day after the date the board receives the
complaint.
(c) The board shall notify the parties to the complaint of the
projected time requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of any
change in the schedule not later than the seventh day after the
date the change is made.
(e) The executive director shall notify the board of a complaint
that is unresolved after the time prescribed by the board for
resolving the complaint so that the board may take necessary
action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 11, eff. September 1, 2005.
Sec. 201.206. CONFIDENTIALITY OF INVESTIGATION FILES. (a) The
board's investigation files are confidential, privileged, and not
subject to discovery, subpoena, or any other means of legal
compulsion for release other than to the board or an employee or
agent of the board.
(b) The board shall share information in investigation files, on
request, with another state or federal regulatory agency or with
a local, state, or federal law enforcement agency regardless of
whether the investigation has been completed. The board is not
required to disclose under this subsection information that is an
attorney-client communication, an attorney work product, or other
information protected by a privilege recognized by the Texas
Rules of Civil Procedure or the Texas Rules of Evidence.
(c) On the completion of the investigation and before a hearing
under Section 201.505, the board shall provide to the license
holder, subject to any other privilege or restriction set forth
by rule, statute, or legal precedent, access to all information
in the board's possession that the board intends to offer into
evidence in presenting its case in chief at the contested case
hearing on the complaint. The board is not required to provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work product, or
other materials covered by a privilege recognized by the Texas
Rules of Civil Procedure or the Texas Rules of Evidence.
(d) Notwithstanding Subsection (a), the board may:
(1) disclose a complaint to the affected license holder; and
(2) provide to a complainant the license holder's response to
the complaint, if providing the response is considered by the
board to be necessary to investigate the complaint.
(e) This section does not prohibit the board or another party in
a disciplinary action from offering into evidence in a contested
case under Chapter 2001, Government Code, a record, document, or
other information obtained or created during an investigation.
Added by Acts 2003, 78th Leg., ch. 329, Sec. 1, eff. Sept. 1,
2003.
Sec. 201.207. INSPECTIONS. (a) The board, during reasonable
business hours, may:
(1) conduct an on-site inspection of a chiropractic facility to
investigate a complaint filed with the board; and
(2) examine and copy records of the chiropractic facility
pertinent to the inspection or investigation.
(b) The board is not required to provide notice before
conducting an inspection under this section.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 12, eff. September 1, 2005.
Sec. 201.208. COOPERATION WITH TEXAS DEPARTMENT OF INSURANCE.
(a) In this section, "department" means the Texas Department of
Insurance.
(b) This section applies only to information held by or for the
department or the board that relates to a person who is licensed
or otherwise regulated by the department or the board.
(c) The department and the board, on request or on the
department or board's own initiative, may share confidential
information or information to which access is otherwise
restricted by law. The department and the board shall cooperate
with and assist each other when either agency is conducting an
investigation by providing information that is relevant to the
investigation. Except as provided by this section, confidential
information that is shared under this section remains
confidential under law, and legal restrictions on access to the
information remain in effect unless the agency sharing the
information approves use of the information by the receiving
agency for enforcement purposes. The provision of information by
the board to the department or by the department to the board
under this subsection does not constitute a waiver of privilege
or confidentiality as established by law.
(d) The department and the board shall develop and maintain a
system for tracking investigations conducted by each agency with
the cooperation and assistance of the other agency, including
information on all disciplinary actions taken.
(e) The department and the board shall collaborate on taking
appropriate disciplinary actions to the extent practicable.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 12, eff. September 1, 2005.
Sec. 201.209. INFORMATION ON STATUS OF CERTAIN INVESTIGATIONS.
The board shall include in the annual financial report required
by Section 2101.011, Government Code, information on all
investigations conducted by the board with the cooperation and
assistance of the Texas Department of Insurance and the Texas
Workers' Compensation Commission during the preceding fiscal
year.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 12, eff. September 1, 2005.
SUBCHAPTER F. PEER REVIEW COMMITTEES
Sec. 201.251. APPOINTMENT OF PEER REVIEW COMMITTEES; TERMS. (a)
The board shall appoint local chiropractic peer review
committees. Members of a local chiropractic peer review
committee serve staggered terms of three years, with as near to
one-third of the members' terms as possible expiring December 31
of each year.
(b) The board may seek input from state chiropractic
associations in selecting persons to appoint to a local peer
review committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 13, eff. September 1, 2005.
Sec. 201.252. COMMITTEE MEMBER ELIGIBILITY. (a) Only a
chiropractor who has completed a program of peer review training
approved by the board is eligible to serve on a chiropractic peer
review committee.
(b) A member of a local peer review committee may not be a
consultant to or an employee of any company or carrier of health
care insurance.
(c) The board shall establish requirements for peer review
training programs that do not discriminate against any
chiropractor. A peer review training program must include
training in the investigation of complaints in accordance with
this chapter and board rules.
(d) The board by rule shall adopt additional requirements for
eligibility to serve on a chiropractic peer review committee,
including a requirement that a member have:
(1) a clean disciplinary record; and
(2) an acceptable record regarding utilization review performed
in accordance with Article 21.58A, Insurance Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 14, eff. September 1, 2005.
Sec. 201.253. EXECUTIVE PEER REVIEW COMMITTEE. (a) The board
shall appoint an executive chiropractic peer review committee to
direct the activities of the local committees. The executive
peer review committee consists of six volunteer members. Members
of the executive peer review committee serve staggered terms of
three years, with one-third of the members' terms expiring
December 31 of each year. The executive peer review committee
shall elect a presiding officer from its members.
(b) The executive peer review committee shall conduct hearings
relating to disputes referred by a local peer review committee
and shall make its recommendations based solely on evidence
presented in the hearings.
(c) A member of an executive peer review committee may not be a
consultant to or an employee of any company or carrier of health
care insurance.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 15, eff. September 1, 2005.
Sec. 201.254. DUTIES OF PEER REVIEW COMMITTEE WITH REGARD TO
CERTAIN DISPUTES. (a) Each local chiropractic peer review
committee shall:
(1) review and evaluate chiropractic treatment and services in
disputes involving a chiropractor and a patient or a person
obligated to pay a fee for chiropractic services or treatment;
and
(2) mediate in a dispute involving a chiropractor and a patient
or person obligated to pay a fee for chiropractic services or
treatment.
(b) Each local peer review committee shall report its findings
and recommendations to the executive chiropractic peer review
committee. A local peer review committee shall refer a dispute
that is not resolved at the local level to the executive peer
review committee.
(c) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.
September 1, 2005.
(d) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.
September 1, 2005.
(e) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.
September 1, 2005.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 16, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1020, Sec. 36, eff. September 1, 2005.
Sec. 201.2545. COMPLAINT INVESTIGATION BY PEER REVIEW COMMITTEE.
(a) The board may refer to a local chiropractic peer review
committee for investigation a complaint regarding whether
chiropractic treatment or services provided by a chiropractor
were provided according to the standard of care in the practice
of chiropractic.
(b) In conducting an investigation of a referred complaint, the
committee shall review the records and other evidence obtained by
the staff of the board in the course of the staff's investigation
of the complaint.
(c) The committee shall report to the board its findings
regarding the complaint, including a statement of:
(1) the standard of care in the practice of chiropractic
governing the chiropractic treatment or services provided by the
chiropractor;
(2) whether the chiropractor met the standard of care in
providing the treatment or services; and
(3) the clinical basis for the committee's finding under
Subdivision (2).
(d) The board may request a member of the committee to attend an
informal conference or testify at a contested case hearing.
(e) The board, with input from the executive chiropractic peer
review committee, shall adopt rules necessary to implement this
section.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 17, eff. September 1, 2005.
Sec. 201.2546. IMMUNITY; ELIGIBILITY TO PARTICIPATE IN COMMITTEE
ACTIVITIES. (a) In the absence of fraud, conspiracy, or malice,
a member of a peer review committee is not liable in a civil
action for a finding, evaluation, recommendation, or other action
made or taken by the member as a member of the committee or by
the committee. The immunity granted by this subsection does not
limit the operation of federal or state antitrust laws as applied
to the conduct of a local or executive peer review committee that
involves price fixing or any other unreasonable restraint of
trade.
(b) A member of a peer review committee may not participate in
committee deliberations or other activities involving
chiropractic services or treatment rendered or performed by the
member.
(c) Except for the express immunity provided by Subsection (a),
this section does not deprive any person of a right or remedy,
legal or equitable.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 17, eff. September 1, 2005.
Sec. 201.255. REQUEST FOR INFORMATION; REPORT TO BOARD ON
DISPUTES MEDIATED. (a) The board may request from a
chiropractic peer review committee information pertaining to
actions taken by the peer review committee.
(b) The executive chiropractic peer review committee shall file
annually with the board a report on the disputes mediated by the
local chiropractic peer review committees under Section 201.254
during the preceding calendar year. The report must include:
(1) the number of disputes referred to the committees;
(2) a categorization of the disputes referred to the committees
and the number of complaints in each category; and
(3) the number of disputes resolved and the manner in which they
were resolved.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 18, eff. September 1, 2005.
Sec. 201.256. PUBLIC ACCESS TO INFORMATION REGARDING PEER REVIEW
COMMITTEES. The board shall maintain on the board's Internet
website information regarding local chiropractic peer review
committees, including:
(1) the services committees provide; and
(2) the types of disputes committees mediate.
Added by Acts 2005, 79th Leg., Ch.
1020, Sec. 19, eff. September 1, 2005.
SUBCHAPTER G. LICENSE REQUIREMENTS
Sec. 201.301. LICENSE REQUIRED. A person may not practice
chiropractic unless the person holds a license issued by the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.302. LICENSING EXAMINATION APPLICATION. (a) An
applicant for a license by examination must present satisfactory
evidence to the board that the applicant:
(1) is at least 18 years of age;
(2) is of good moral character;
(3) has completed 90 semester hours of college courses other
than courses included in a doctor of chiropractic degree program;
and
(4) is either a graduate or a final semester student of a bona
fide reputable doctor of chiropractic degree program.
(b) An application for examination must be:
(1) made in writing;
(2) verified by affidavit;
(3) filed with the secretary-treasurer of the board on a form
prescribed by the board; and
(4) accompanied by a fee.
(c) Each applicant shall be given reasonable notice of the time
and place of the examination.
(d) Notwithstanding Subsection (a)(3), if the Council on
Chiropractic Education or another national chiropractic education
accreditation organization recognized by the board requires a
number of semester hours of college courses other than courses
included in a doctor of chiropractic degree program that is
greater or less than the number of hours specified by that
subsection to qualify for admission to a doctor of chiropractic
degree program, the board may adopt the requirement of that
organization if the board determines that requirement to be
appropriate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 20, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
802, Sec. 3, eff. June 15, 2007.
Sec. 201.303. EDUCATIONAL REQUIREMENTS. (a) To comply with the
requirements of Section 201.302, the applicant must submit to the
board a transcript of credits that certifies that the applicant
has satisfactorily completed at least the number of semester
hours of college credits required by that section at a college or
university that issues credits accepted by The University of
Texas at Austin for a bachelor of arts or bachelor of science
degree.
(b) Repealed by Acts 2003, 78th Leg., ch. 329, Sec. 5.
(c) The board may charge a fee of not more than $50 for
verifying that the applicant has satisfied the requirements of
this section.
(d) A bona fide reputable doctor of chiropractic degree program
that satisfies Section 201.302(a)(4) is one that:
(1) has entrance requirements and a course of instruction as
high as those of a better class of doctor of chiropractic degree
programs in the United States;
(2) maintains a resident course of instruction equivalent to:
(A) not less than four terms of eight months each; or
(B) not less than the number of semester hours required by The
University of Texas for a bachelor of arts or bachelor of science
degree;
(3) provides a course of instruction in the fundamental subjects
listed in Section 201.305(b); and
(4) has the necessary teaching staff and facilities for proper
instruction in all of the fundamental subjects listed in Section
201.305(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 329, Sec. 5.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 21, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
802, Sec. 4, eff. June 15, 2007.
Sec. 201.304. EXAMINATION REQUIREMENTS. (a) To receive a
license, an applicant for a license by examination must pass:
(1) the required and optional parts of the examination given by
the National Board of Chiropractic Examiners, as required by and
under conditions established by board rule; and
(2) an examination prepared by the board that tests the
applicant's knowledge and understanding of the laws relating to
the practice of chiropractic in this state.
(b) The board shall periodically determine whether applicants
who hold National Board of Chiropractic Examiners certificates
have been adequately examined. If the board determines that those
applicants have not been adequately examined, the board shall
require those applicants to submit to an additional examination
prepared by the board.
(c) The board may give an examination during the applicant's
last semester of college if the board receives evidence
indicating the applicant has satisfactory grades. Immediately
after the applicant graduates from chiropractic college, the
applicant must forward to the board evidence of satisfactory
completion of the applicant's course of study.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 721, Sec. 1, eff. Sept. 1,
2001.
Sec. 201.305. EXAMINATION PROCEDURE. (a) Each examination for
a license to practice chiropractic shall be conducted in the
English language and in a fair and impartial manner.
(b) An examination given under Section 201.304(a)(1) shall be
conducted on practical and theoretical chiropractic and in the
subjects of anatomy-histology, chemistry, bacteriology,
physiology, symptomatology, pathology and analysis of the human
spine, and hygiene and public health.
(c) Applicants may be known to the examiners only by numbers,
without a name or another method of identification on examination
papers by which members of the board could identify an applicant,
until after the general averages of the applicants' numbers in
the class are determined and the licenses are granted or refused.
(d) The board by rule shall ensure that the examination is
administered to applicants with disabilities in compliance with
the Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 721, Sec. 2, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 22, eff. September 1, 2005.
Sec. 201.306. EXAMINATION RESULTS. (a) The board shall notify
each applicant of the results of an examination given by the
board not later than the 30th day after the date the licensing
examination is administered.
(b) If requested by a person who fails an examination given by
the board, the board shall review with the person the
circumstances surrounding the adverse score.
(c) To pass the examination under Section 201.304(a)(2), an
applicant must score a grade of at least 75 percent.
(d) All questions and answers from an examination given by the
board, with the grades attached, authenticated by the signature
of the examiner, shall be preserved in the executive office of
the board for at least one year.
(e) Each license shall be attested by the seal of the board and
signed by all members of the board or a quorum of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 721, Sec. 3, eff. Sept. 1,
2001.
Sec. 201.307. REEXAMINATION. (a) An applicant who fails to
pass a required examination may take another examination.
(b) The board by rule shall establish the number of times an
applicant may retake the examination required by Section
201.304(a)(1) or (b), as applicable. An applicant must pass the
examination required by Section 201.304(a)(2) within three
attempts. The board by rule shall establish the conditions under
which an applicant may retake an examination. The board may
require an applicant to fulfill additional educational
requirements.
(c) If the applicant makes a satisfactory grade on
reexamination, the board shall grant to the applicant a license
to practice chiropractic.
(d) The board's decision under this section is final.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 721, Sec. 4, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1020, Sec. 23, eff. September 1, 2005.
Sec. 201.308. TEMPORARY LICENSE. (a) The board by rule may
provide for the issuance of a temporary license.
(b) The board by rule shall provide a time limit for the period
a temporary license is valid.
(c) The board may issue a temporary faculty license to practice
chiropractic to a person as provided by this section. The
person:
(1) must hold a current chiropractic license that is
unrestricted and not subject to a disciplinary order or probation
in another state or a Canadian province;
(2) may not hold a chiropractic license in another state or a
Canadian province that has any restrictions, disciplinary orders,
or probation;
(3) must pass the examination required under Section
201.304(a)(2);
(4) must have been engaged in the practice of chiropractic:
(A) for at least the three years preceding the date of the
application under this section; or
(B) as a chiropractic educator in a doctor of chiropractic
degree program accredited by the Council on Chiropractic
Education for at least the three years preceding the date of the
application under this section; and
(5) must hold a salaried faculty position of at least the level
of assistant professor and be working full-time at:
(A) Parker College of Chiropractic; or
(B) Texas Chiropractic College.
(d) A person is eligible for a temporary license under
Subsection (c) if the person holds a faculty position of at least
the level of assistant professor, the person works at least
part-time at an institution listed in Subsection (c)(5), and:
(1) the person is on active duty in the United States armed
forces; and
(2) the person's practice under the temporary license will
fulfill critical needs of the citizens of this state.
(e) A chiropractor who is issued a temporary license under
Subsection (c) must sign an oath on a form prescribed by the
board swearing that the person:
(1) has read and is familiar with this chapter and board rules;
(2) will abide by the requirements of this chapter and board
rules while practicing under the chiropractor's temporary
license; and
(3) will be subject to the disciplinary procedures of the board.
(f) A chiropractor holding a temporary license under Subsection
(c) and the chiropractor's chiropractic school must file
affidavits with the board affirming acceptance of the terms and
limits imposed by the board on the chiropractic activities of the
chiropractor.
(g) A temporary license issued under Subsection (c) is valid for
one year.
(h) The holder of a temporary license issued under Subsection
(c) is limited to the teaching confines of the applying
chiropractic school as a part of the chiropractor's duties and
responsibilities assigned by the program and may not practice
chiropractic outside of the setting of the chiropractic school or
an affiliate of the chiropractic school.
(i) The application for a temporary license under Subsection (c)
must be made by the chiropractic school in which the chiropractor
teaches and must contain the information and documentation
requested by the board. The application must be endorsed by the
dean of the chiropractic school or the president of the
institution.
(j) A chiropractor who holds a temporary license issued under
Subsection (c) and who wishes to receive a permanent unrestricted
license must meet the requirements for issuance of a permanent
unrestricted license, including any examination requirements.
(k) The board shall adopt:
(1) rules governing the issuance of a renewal temporary faculty
license, including a rule that permits a person licensed under
Subsection (c) to continue teaching while an application for a
renewal temporary license is pending;
(2) fees for the issuance of a temporary license and a renewal
temporary license; and
(3) an application form for temporary licenses and renewal
temporary licenses to be issued under this section.
(l) The fee for a renewal temporary license issued under
Subsection (k)(1) must be less than the amount of the fee for a
temporary license issued under Subsection (c).
(m) A chiropractic school shall notify the board not later than
72 hours after the time:
(1) except as provided by Subdivision (2), a chiropractor
licensed under Subsection (c) ceases to hold a full-time salaried
position of at least the level of assistant professor at the
school; and
(2) a chiropractor described by Subsection (d) ceases to hold a
part-time salaried position of at least the level of assistant
professor at the school.
(n) The board shall revoke a license issued under this section
if the license holder no longer satisfies the requirements of
this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
957, Sec. 1, eff. September 1, 2009.
Sec. 201.309. LICENSE ISSUANCE TO CERTAIN OUT-OF-STATE
APPLICANTS. The board shall issue a license to practice
chiropractic to an out-of-state applicant who:
(1) submits a written application to the board on a form
prescribed by the board, accompanied by the application fee set
by the board and any other information requested by the board;
(2) is licensed in good standing to practice chiropractic in
another state or foreign country that has licensing requirements
substantially equivalent to the requirements of this chapter;
(3) has not been the subject of a disciplinary action and is not
the subject of a pending investigation in any jurisdiction in
which the applicant is or has been licensed;
(4) has graduated from a doctor of chiropractic degree program
accredited by the Council on Chiropractic Education and approved
by rule by the board;
(5) has passed a national or other examination recognized by the
board relating to the practice of chiropractic;
(6) has passed the board's jurisprudence examination;
(7) has practiced chiropractic:
(A) for at least the three years immediately preceding the date
of the application under this section; or
(B) as a chiropractic educator in a doctor of chiropractic
degree program accredited by the Council on Chiropractic
Education for at least the three years immediately preceding the
date of the application under this section; and
(8) meets any other requirements adopted by rule by the board
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 899, Sec. 1.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
802, Sec. 5, eff. June 15, 2007.
Sec. 201.311. INACTIVE STATUS. (a) The board by rule shall
adopt a system by which a license holder may place the license on
inactive status. A license holder must apply for inactive status,
on a form prescribed by the board, before the expiration date of
the license.
(b) A license holder whose license is on inactive status:
(1) is not required to pay license renewal fees; and
(2) may not perform an activity regulated under this chapter.
(c) A license holder whose license is on inactive status may
return to active practice by notifying the board in writing. The
board shall remove the license holder's license from inactive
status after the holder pays an administrative fee and complies
with any educational or other requirements established by board
rules.
(d) The board by rule shall establish a rule setting a limit on
the time a license holder's license may remain on inactive
status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 201.312. REGISTRATION OF FACILITIES. (a) The board by
rule shall adopt requirements for registering chiropractic
facilities as necessary to protect the public health, safety, and
welfare.
(b) The rules adopted under this section must:
(1) specify the registration requirements for a chiropractic
facility;
(2) prescribe the standards for the chiropractic facility
registration program;
(3) provide for the issuance of a separate certificate of
registration to an owner of a chiropractic facility for each
chiropractic facility owned by the owner; and
(4) provide for the board to send notice to an owner of a
chiropractic facility and to each chiropractor practicing in the
facility of the impending expiration of the facility's
certificate of registration before the expiration of the
certificate.
(c) The standards adopted under Subsection (b)(2) must be
consistent with industry standards for the practice of
chiropractic.
(d) To register a chiropractic facility, the owner of the
facility must:
(1) file with the board a written application for registration;
and
(2) pay, with the application, a registration fee in an amount
set by the board not to exceed $75.
(e) The board may issue a certificate of registration only to a
chiropractic facility that complies w