Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.12
The Texas Board of Chiropractic Examiners adopts an amendment
to Chapter 71, by adding a new §71.12, relating to temporary licenses,
with changes to the proposed text as published in the November 26, 1999, issue
of the
Texas Register
(24 TexReg 10482).
The Chiropractic Act, Occupations Code, §201.308, authorizes the board
to adopt rules relating to the issuance of a temporary license of limited
duration. The board at times has received inquiries about obtaining board
permission to provide chiropractic services at events, such as sports competitions,
in Texas each year. Without a rule in place, the board has not been able to
grant temporary permission for chiropractors who are licensed in other states
to work at such events. Chiropractors licensed in other states who are associated
with the sponsors of such events or who have been invited to provide services
to the participants at the events are not able to provide services without
board authorization. The board's annual regular license or provisional license
do not meet the needs of these chiropractors. The application process for
these licenses is more detailed and approval takes too long. Neither do these
chiropractors desire an annual or provisional license, because they do not
intend to provide chiropractic services to the general public in Texas. Their
practice is limited in time and scope. A temporary license will enable chiropractors
qualified to practice in their licensed state to participate in events held
in Texas.
Section 71.12 sets out the procedures, restrictions and eligibility requirements
for a temporary license not to exceed 30 days in a calendar year. The section
only applies to out-of-state licensed chiropractors who desire to practice
at special events in Texas. To minimize the risk to the citizens of Texas, §71.12
restricts a chiropractor with a temporary license to providing services only
to participants of an event and may not provide services to the general public.
Because of the limited time in which these chiropractors will be providing
services and the limited scope of practice allowed by the proposed section,
the board is adopting minimal eligibility requirements as set out in subsections
(a) and (b). A chiropractic must be licensed in another state and be in good
standing. The chiropractor must also be either associated with the sponsor
of an event or invited by the sponsor to provide services. The rule will enable
sponsors of events held in Texas to have chiropractors who they have invited
and who are licensed in other states, in good standing, to provide chiropractic
services to a limited group of persons at meetings, sports events, or other
functions. The section will allow these groups to utilize their regular doctors
of chiropractic, who may be most familiar with the needs of the participants,
or renown doctors of chiropractic, who frequently are on the programs of functions,
to provide limited chiropractic services in Texas.
No comments were received concerning the proposed section.
The new section is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.308, which the
board interprets as authorizing it to adopt rules providing for temporary
licensure.
The following are the statutes, articles, or codes affected by the section: §71.12
-- Occupations Code, §§201.152, 201.308.
§71.12.Temporary License.
(a)
A person licensed as a chiropractor in good standing in
another state, the District of Columbia, or a territory of the United States
may practice chiropractic as defined by the Occupations Code, §201.002
and provide chiropractic services to individuals, groups, or organizations
within the State of Texas for a period of time not to exceed 30 days within
a calendar year as provided by this section. A person applying for temporary
privileges shall apply in writing, to the board, on a form prescribed by the
board, at least 14 days prior to the expected working days in Texas. The executive
director of the board, at his or her discretion, may accept an application
within a lesser time period if the applicant has submitted a full and complete
application. The application must include a description of the chiropractic
services to be performed and the event, meeting, or function at which the
services are to be performed, identification of the persons to be treated,
the specific dates the services are to be performed, and documentation of
eligibility as provided in subsection (b) of this section.
(b)
An applicant for a temporary license must have a current,
active, and unrestricted license, without any pending disciplinary proceedings,
as a chiropractor in another state, the District of Columbia, or a territory
of the United States. An applicant must submit with the application:
(1)
a statement which has a notary seal or a state seal from
the appropriate chiropractic licensing agency in another jurisdiction confirming
that the applicant has an active license and is in good standing with that
jurisdiction, with no pending disciplinary orders or proceedings against the
applicant; and
(2)
a letter of invitation or other document from the
sponsoring entity showing that the applicant is invited or authorized to participate
and to provide chiropractic services at a scheduled event, meeting, or other
function in Texas.
(c)
A person granted temporary privileges under this section
shall abide by the rules of the board during the period the privileges are
in effect. The granting of a temporary license constitutes limited authority
to practice chiropractic in Texas only within the scope of services and in
connection with the persons to be treated as described in the application
and approved by the executive director. A person granted temporary privileges
may not provide chiropractic services to the general public at an event, meeting,
or other function, or at any other location in Texas. Violations of the Chiropractic
Act, board rules, or the temporary license will subject the temporary licensee
to disciplinary action by the board.
(d)
This section does not apply to those persons who reside
or who are in the process of establishing residence in Texas or who provide
or intend to provide chiropractic services primarily in Texas. This section
cannot be used as an entry to licensure in Texas.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000669
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §73.3, §73.7
The Texas Board of Chiropractic Examiners adopts amendments
to §73.3(1), relating to Continuing Education, and §73.7, relating
to Approved Continuing Education Courses, without changes to the proposed
text as published in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10483). The text of the rules as amended
will not be republished.
The board currently requires 16 hours annually of continuing education.
A licensee may choose the courses to fulfill this requirement from the board's
list of approved courses. However, if the board presents a course, a licensee
is required to attend that course as part of the 16 hour requirement. The
amendments explain that the required board course is one for which its subject,
content and presenter has been approved by the board and will generally be
on a topic of timely and educational interest to the chiropractic profession.
The amendments also provide that the board will give advance notice of the
course in its newsletter and on its website. A TBCE Required Course will be
labeled as such as by a seminar sponsor only after receiving written notice
of board approval. The amendments also provide notice, in §73.3, that
a list of approved courses is available on the board's website and upon request.
Other changes have been made for format and to delete redundant language;
specifically, references to the criteria for approved courses has been revised
to reflect that these courses are those approved pursuant to §73.7.
The rules as amended provide better notice of continuing education requirements
and information on required board courses.
No comments were received concerning the proposed amendments.
The amendments are adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.356, which the
board interprets as requiring it to adopt rules establishing a mandatory continuing
education program and an approval process for courses.
The following are the statutes, articles, or codes affected by the amendments: §§73.3(1),
73.7 -- Occupations Code, §§201.152, .356.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000670
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §75.3
The Texas Board of Chiropractic Examiners adopts new §75.3,
relating to persons with criminal convictions, with changes to the proposed
text as published in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10486). The text of the rule will be republished.
The only change made to this rule since publication was to correct and
incorrect citation to §75.9(d) in subsection (i); the correct title of
this section is "Complaint and Disciplinary Procedures," as proposed in amendments
to this section by separate rulemaking. The reference has been changed accordingly.
In conjunction with this rulemaking, the board is repealing §76.7, the
board's current rule on this subject as published in this same issue of the
No comments were received concerning the proposed section.
The new section is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §53.025, which the board
interprets as requiring it to adopt guidelines relating to the practice of
the board under Occupations Code, Chapter 53, and which guidelines must state
the reasons a particular crime is considered by the board to relate to a particular
license and any other criterion that affects the decisions of the board.
The following are the statutes, articles, or codes affected by §75.3:
Occupations Code, §201.152, §53.025.
§75.3.Individuals With Criminal Convictions.
(a)
This section establishes guidelines and criteria on the
eligibility of persons with criminal backgrounds, including each person who
owns a 10% or more interest in a chiropractic facility, to obtain licenses
or registrations as chiropractors or chiropractic radiologic technologists
(CRTs) or facility registrations.
(b)
The board may suspend or revoke a current license or registration,
disqualify a person from receiving a license or registration, or deny to a
person the opportunity to be examined for a license because of an person's
conviction of a felony or misdemeanor that directly relates to the duties
and responsibilities of a licensed chiropractor, registered CRT, or registered
facility. This subsection applies to persons who are not imprisoned at the
time the board considers the conviction.
(c)
The board shall revoke a license or registration on the
license or registration holder's imprisonment following a felony conviction,
felony community supervision revocation, revocation of parole, or revocation
of mandatory supervision. A person in prison is not eligible for a license
or registration.
(d)
In considering whether a criminal conviction directly relates
to the occupation of chiropractic, chiropractic radiology, or facility operation,
the board shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for
requiring a license or registration to engage in chiropractic, chiropractic
radiology, or facility operation;
(3)
the extent to which a license or registration might
afford an opportunity to repeat the criminal activity in which the person
had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a licensed chiropractor, registered CRT, or registered facility.
(e)
In reaching a decision required by this section, the board
shall also determine the person's fitness to perform the duties and discharge
the responsibilities of a licensed chiropractor, registered CRT, or registered
facility. In making this determination, the board shall consider the following
factors listed in paragraphs (1)-(6) of this subsection:
(1)
the extent and nature of the person's past criminal activity;
(2)
the age of the person at the time of the commission
of the crime;
(3)
the amount of time that has elapsed since the person's
last criminal activity;
(4)
the conduct and work activity of the person prior
to and following the criminal activity;
(5)
evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6)
other evidence of the person's present fitness, including
letters of recommendation from:
(A)
prosecution, law enforcement, and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
(B)
the sheriff and chief of police in the community where
the person resides; and
(C)
any other persons in contact with the convicted person.
(f)
An applicant for a license or registration from the board
or a current licensee or registrant shall disclose to the board any conviction
against him or her at the time of application or, if a current licensee or
registrant, at the time of renewal or no later than 30 days after judgment
in the trial court, whichever date is earlier.
(g)
Upon notification of a conviction, the board shall provide
a copy of this section to the person and request that the person respond,
in writing, to the board as to why the board should not deny the application
or take disciplinary action against the person, if already licensed or registered.
(h)
A person with a felony conviction shall provide a response
in writing to the board and may submit any information that he or she believes
is relevant to the determinations required by this section. If the person
fails to respond, the matter will be referred to the Enforcement Committee
or the Licensure/Educational Standards Committee as provided in subsection
(i) of this section. The person shall also:
(1)
to the extent possible, secure and provide to the board
the recommendations of the prosecution, law enforcement, and correctional
authorities specified in subsection (e)(6) of this section;
(2)
cooperate with the board by providing the information
required by subsection (e) of this section, including proof, in the form indicated
in subparagraphs (A)-(D) of this paragraph, that he or she has:
(A)
maintained a record of steady employment, as evidenced
by salary stubs, income tax records or other employment records for the time
since the conviction and/or release from imprisonment;
(B)
supported his or her dependents, as evidenced by salary
stubs, income tax records or other employment records for the time since the
conviction and/or release from imprisonment, and a letter from the spouse
or other parent;
(C)
maintained a record of good conduct as evidenced by letters
of recommendation, absence of other criminal activity or documentation of
community service since conviction; and
(D)
paid all outstanding court costs, supervision fees, fines,
and restitution as may have been ordered in all criminal cases in which he
or she has been convicted, as evidenced by certified copies of a court release
or other documentation from the court system that all monies have been paid.
(i)
Determinations under this section will be considered enforcement
matters and made in accordance with this chapter, except that the executive
director will review the application for licensure or registration of a person
with a criminal conviction and refer it to the Licensure/Educational Standards
Committee (LESC), upon receipt of all information required by this section.
The LESC shall determine whether the applicant may sit for examination or
be granted a certificate of registration. Upon a recommendation to deny an
application by the LESC, the matter will be referred to the Executive Director
for informal settlement or, if necessary, a hearing as provided by §75.9(d)
of this title (relating to Complaint and Disciplinary Procedures).
(j)
The board shall notify the affected person in its order
that denies, suspends, or revokes a license or registration under this section,
or otherwise in writing, after hearing, of:
(1)
the reason for the suspension, revocation, denial, or disqualification;
(2)
the review procedure provided by Occupations Code, §53.052;
and
(3)
the earliest date the person may appeal the action
of the licensing authority.
(k)
The Chiropractic Act, Occupations Code, §201.302,
requires that an applicant for licensure be of good moral character. Section
201.502 further authorizes the board to revoke or impose other sanctions for
violations of certain specified conduct, including deception and fraud in
the practice of chiropractic, conviction of a felony or a misdemeanor of moral
turpitude, grossly unprofessional conduct, habitual conduct that is harmful
to patients, and lack of diligence in the chiropractic profession. Chiropractors
and the healthcare profession generally are held to high standards of professional
conduct. To protect the public and patients, the board has a duty to ensure
that licensees and registrants are persons who possess integrity, honesty
and a high standard of conduct as well the skill, education, and training
to perform their duties and responsibilities. The crimes listed in paragraphs
(1)-(6) of this subsection relate to the license and registrations issued
by the board. These crimes generally indicate an inability or a tendency for
the person to be unable to perform or to be unfit for licensure or registration
because violation of such crimes indicates a lack of integrity and respect
for one's fellow human being and the community at large. The direct relationship
to a board issued license or registration is obvious when the crime occurs
in connection with the practice of chiropractic:
(1)
practicing chiropractic without a license and other violations
of the Chiropractic Act;
(2)
deceptive business practices;
(3)
medicare or medicaid fraud;
(4)
a misdemeanor or felony offense involving:
(A)
murder;
(B)
assault;
(C)
burglary;
(D)
robbery;
(E)
theft;
(F)
sexual assault;
(G)
injury to a child;
(H)
injury to an elderly person;
(I)
child abuse or neglect;
(J)
tampering with a governmental record;
(K)
forgery;
(L)
perjury;
(M)
failure to report abuse;
(N)
bribery;
(O)
harassment;
(P)
insurance claim fraud under the Penal Code, § 32.55;
or
(Q)
solicitation under the Penal Code, §38.12(d) or Occupations
Code, Chapter 102;
(5)
delivery, possession, manufacture, or use of
or the dispensing or prescribing a controlled substance, dangerous drug, or
narcotic; or
(6)
other misdemeanors or felonies, including violations
of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability
or tendency for the person to be unable to perform as a licensee or registrant
or to be unfit for licensure or registration if action by the board will promote
the intent of the Chiropractic Act, board rules including this chapter, and
Occupations Code, Chapter 53.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000671
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §75.7
The Texas Board of Chiropractic Examiners adopts an amendment
to §75.7(a), relating to board fees, without changes to the proposed
text as published in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10488). The text of the rule as amended will
not be republished.
The board earlier this year adopted changes to §§78.1, 78.2 and
75.7, providing for biennial registration of CRTs, which were published in
the July 30, 1999, issue of the
Texas Register
(24 TexReg 5870). This change in the registration and continuing education
reporting periods was to begin with the January 1, 2000 registration period.
By separate rulemaking published in this issue of the
Texas Register
, the board, for administrative reasons, has adopted
amendments to Chapter 78 which maintain an annual renewal cycle. See rulemaking
adopting amendments to §78.1 and §78.2, published in this issue
of the
Texas Register
, and proposed published
in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10489). As a result, the fee change made in July to the
registration fee for CRT needed to be revised to reflect an annual fee, which
this rulemaking does. These changes overall will result in more timely compliance
with the board registration requirements with no additional administrative
costs to the state attributable to an annual registration program.
No comments were received concerning the proposed amendment.
The amendment is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Act, §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs,
and §201.452 and §601.252, which the board interprets as authorizing
it to adopt rules to establish a registration and continuing education program
for CRTs in the use of x-ray in conformity with state law and TDH rules, and
to implement state law relating to radiologic training for employees of a
chiropractor, including fees to administer the program..
The following are the statutes, articles, or codes affected by the amendment: §§75.7
-- Occupations Code, §§201.152, .153, .452; 601.252.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000672
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §76.7
The Texas Board of Chiropractic Examiners adopts the repeal §76.7,
relating to criminal convictions, without changes to the proposed text as
published in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10488).
In conjunction with this repeal, the board is adopting a new §75.3
relating to this same subject as published in this same issue of the
No comments were received concerning the proposed repeal.
The repeal is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §53.025, which the board
interprets as requiring it to adopt guidelines relating to the practice of
the board under Occupations Code, Chapter 53.
The following are the statutes, articles, or codes affected by the repeal: §76.7
-- Occupations Code, §§201.152, 53.025.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000673
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §78.1, §78.2
The Texas Board of Chiropractic Examiners adopts amendments
to §78.1 and §78.2, regarding Registration of Chiropractic Radiologic
Technologists (CRTs), without changes to the proposed text as published in
the November 26, 1999, issue of the
Texas Register
(24 TexReg 10489). The text of the rules as amended will not be republished.
Earlier this year, the board adopted changes to §§78.1, 78.2
and 75.7, providing for biennial registration, which were published in the
July 30, 1999, issue of the
Texas Register
(24 TexReg 5870). This change in the registration and continuing education
reporting periods was to begin with the January 1, 2000 registration period.
The purpose of the change was to promote uniformity and consistency with the
Texas Department of Health's (TDH) registration and continuing education program
for radiological technicians. With the same deadlines and reporting periods
as TDH, it was anticipated that CRTs would be provided a greater choice of
seminars and greater training opportunities. However, after the amendments
were adopted it was determined that the change from annual to biennial would
have an adverse administrative impact on the agency. Current budget accounts
are established based on an annual revenue flow. The change to biennial would
require revision to the accounting system which would affect not only the
TBCE but the comptroller's office as well. After weighing the increased administrative
burden which would be created by the change with the purposes for the rule,
the board has decided to maintain the current annual registration by the adoption
of these amendments to §78.1 and §78.2, and in a separate rulemaking
to §75.7, relating to fees, published in this issue of the
Texas Register
. See also the November 26, 1999, issue of the
The board is also adopting a fee of $25 for late renewal by amendment to §78.1.
The board continues to have a problem with late renewals by those persons
it regulates even though it sends out each year to licensees and registrants
30 days prior notice of the renewal deadline, along with a renewal form. The
establishment of a late fee for CRT renewal is intended to act as an incentive
to renew on time. The amendments also provide notice that if a CRT fails to
renew, he or she may also be subject to an administrative penalty, for failing
to renew and performing radiologic procedures without registering, as provided
in §75.11 of the board's rules.
A person with a CRT registration may perform radiologic procedures only
if the underlying authorization from TDH is valid. To make this intent clear,
the board has added a new subsection (g) to §78.1 that expressly states
that a CRT may not perform radiologic procedures if he or she is no longer
authorized by the TDH, for instance, if the CRT is no longer on TDH's registry
or the hardship exemption for that CRT has been revoked or has expired. A
CRT will be required to submit, within five days, a copy of a new hardship
exemption if the exemption is issued prior to the next renewal deadline. A
corresponding change is made for subsection (j), to be re-lettered as (n),
which prohibits a licensed chiropractor from authorizing a person without
the proper TDH authority to perform such procedures. Lastly, the amendments
change the references to the Chiropractic Act and the Medical Radiologic Technologist
Certification Act to the Occupations Code chapters where they have been codified
and make other non-substantive format changes.
No comments were received concerning the proposed amendments.
The amendments are adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the act, §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs,
and §201.452 and §601.252, which the board interprets as authorizing
it to adopt rules to establish a registration and continuing education program
for CRTs in the use of x-ray in conformity with state law and TDH rules, and
to implement state law relating to radiologic training for employees of a
chiropractor, including fees to administer the program.
The following are the statutes, articles, or codes affected by the amendments: §§78.1,
78.2 -- Occupations Code, §§201.152, .153, .452; 601.252.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000674
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
22 TAC §80.1
The Texas Board of Chiropractic Examiners adopts an amendment
to §80.1 relating to delegation of authority, with changes to the proposed
text as published in the November 26, 1999, issue of the
Texas Register
(24 TexReg 10491).
Non-substantive grammatical revisions are made to paragraphs (6) and (7)
of subsection (c), inserting the word "a" before "patient," and inserting
the word "demonstrating" before "uses," respectively. Subsection (c)(2) has
been clarified to include the taking as well as the recording of vital signs
as a delegated task. The text of the rule will be republished. Section 80.1
implements Occupations Code, § 201.301's prohibition against practicing
chiropractic without a license by prohibiting licensees from delegating chiropractic
treatment to non-licensees, except for students enrolled in a chiropractic
college, and §201.451's requirement that the board establish guidelines
on the tasks and procedures that a chiropractor may properly delegate to a
chiropractic assistant. Section 80.1(d) has been amended to clarify that §201.301's
prohibition applies to licensees whose licenses have been suspended or revoked.
The amendments also clarify that this prohibition does not prohibit a licensee
from using non-licensed persons, who are otherwise qualified and trained,
to perform tasks or procedures that do not require chiropractic training in
order to perform the task or procedure under the supervision of a licensee.
Those tasks and procedures that may be delegated are set out in subsection
(c). Certain tasks and procedures may only be performed by a trained, licensed
chiropractor, as required by the Chiropractic Act, Occupations Code, §201.002, §.301,
in order to ensure the safety and health of patients.
The amendments to subsection (a) set out those tasks and procedures that
may not be delegated to a non-licensed person. The section, as amended, provides
greater assurance that patients are properly treated in a clinical setting
that utilizes chiropractic students and staff other than chiropractors, and
gives chiropractors and their staff better notice that the failure to adhere
to specific restrictions or conditions may subject them to enforcement action.
At the same time, the rule, as amended, will enable licensees to structure
their services in such a manner that enhances time utilization, for the benefit
of themselves, their staff and their patients.
No comments were received concerning the proposed amendment.
The amendment is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.451, which the
board interprets as requiring it to adopt guidelines relating to the tasks
and procedures that a chiropractor may delegate to an assistant. The following
are the statutes, articles, or codes affected by the amendment: §80.1
-- Occupations Code, §§201.152, 201.451.
§80.1.Delegation of Authority.
(a)
Except as provided in this section, a licensee shall not
allow or direct a person who is not licensed by the board to perform procedures
or tasks that are within the scope of chiropractic, including:
(1)
rendering a diagnosis and prescribing a treatment plan;
or
(2)
performing a chiropractic adjustment or manipulation.
(b)
A licensee may allow or direct a student enrolled in an
accredited chiropractic college to perform chiropractic adjustments or manipulations,
provided that:
(1)
the chiropractic adjustment or manipulation is performed
as part of a regular curriculum; and
(2)
the chiropractic adjustment or manipulation is performed
under the supervision of a licensee who is physically present in the treating
room at the time of the adjustment.
(c)
"Qualified and properly trained" as used in this subsection
means that the person, in addition to the requisite training and skill, has
any license or certification required by law in order to perform a specific
task or procedure. A licensee may allow or direct a qualified and properly
trained person, who is acting under the licensee's supervision, to perform
a task or procedure that assists the chiropractor in making a diagnosis, prescribing
a treatment plan or treating a patient if the performance of the task or procedure
does not require the training of a chiropractor in order to protect the health
or safety of a patient, such as:
(1)
taking the patient's medical history;
(2)
taking or recording vital signs;
(3)
performing radiologic procedures;
(4)
taking or recording range of motion measurements;
(5)
performing prescribed physical therapy modalities;
(6)
demonstrating prescribed exercises or stretches for
a patient; or
(7)
demonstrating proper uses of dispensed supports and
devices.
(d)
A licensee shall not allow or direct a person whose chiropractic
license has been suspended or revoked to practice chiropractic in connection
with the treatment of a patient of the licensee during the effective period
of the suspension or upon revocation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000675
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 20, 2000
Proposal publication date: November 26, 1999
For further information, please call: (512) 305-6709
Chapter 236.
NURSE LICENSURE COMPACT
Subchapter A. DEFINITIONS
Chapter 73.
LICENSES AND RENEWALS
Chapter 75.
RULES OF PRACTICE
Chapter 76.
INVESTIGATION
Chapter 78.
CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS
Chapter 80.
MISCELLANEOUS
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS