Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.2
The Texas Board of Chiropractic Examiners adopts an amendment
to §73.2, relating to renewal of license, without changes to the proposed
text as published in the October 6, 2000, issue of the
Texas Register
(25 TexReg 10109). The text of the rule as amended will
not be republished. A new subsection (b) is adopted that requires a
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 §201.312, which the
board interprets as authorizing it to adopt rules providing for the regulation
of chiropractic facilities; and §201.351 and §201.354, that the
board interprets as requiring the board to license individuals practicing
chiropractic.
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 18, 2001.
TRD-200100351
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 7, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-6709
22 TAC §73.3
The Texas Board of Chiropractic Examiners adopts and amendment
to §73.3, relating to continuing education, without changes to the proposed
text as published in the October 6, 2000, issue of the
Texas Register
(25 TexReg 10110). The text of the rule as amended will
not be republished. The amendment allows a licensee who serves as an examiner
at the National Board Examination-Part IV to receive a maximum of two hours
continuing education credit each year. A licensee who serves as an examiner
devotes a considerable amount of time to this duty. As an examiner, a licensee
observes and grades examinees who are performing procedures required of a
chiropractor in a clinical setting. Serving as an examiner provides a licensee
with a review of the core elements of the didactic and clinical science components
of a chiropractic education. It is, therefore, appropriate to give limited
continuing education credit for participating in the examination process.
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 §201.356, which the
board interprets as authorizing it to adopt rules prescribing continuing education
requirements for licensees.
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 18, 2001.
TRD-200100352
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 7, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-6709
22 TAC §§74.1 - 74.3, 74.5, 74.9
The Texas Board of Chiropractic Examiners adopts amendments
to Chapter 74 (an amendment to §74.1 and new §§74.2, 74.3,
74.5 and 74.9), relating to chiropractic facilities, with changes to the proposed
text as published in the November 17, 2000 issue of the
Texas Register
(25 TexReg 11369). The text of §§74.1, 74.2
and 74.5, which were the only sections with changes from the proposed version,
will be republished. Changes in capitalization for consistency were made in §74.1(4);
in grammar for clarity, in §74.2(b) and (g) and in (c)(3); and in text
for clarity, in §74.5(a). The amendments revise the current structure
of the board's facility regulatory program as provided in Chapter 74. With
this adoption, Chapter 74 is divided into five sections, one section for definitions
(§74.1), and the others, covering the process for applying for a facility
license (§74.2), renewal (§74.3), including the imposition of late
fees, rules of conduct (§74.5) and disciplinary action (§74.9).
These changes are adopted in conjunction with the board's review of chapter
74, pursuant to the requirements of the Appropriations Act of 1997, House
Bill 1, Article IX, §167. In accordance with §167, the board reviewed
this chapter and determined that it should be readopted, with the proposed
changes. The adopted review was published in the November 17, 2000, issue
of the
Texas Register
(25 TexReg 11529). The
board found that the reason for this chapter, with the proposed changes, continued
to exist. The adopted amendments also make changes in format and text for
clarification and for consistency, both internally and with the Chiropractic
Act, and to delete redundant or unnecessary provisions in the current §74.1.
Chapter 74, as amended, sets out in detail the basic components of the
board's facility regulatory program. The chapter will provide better notice
to licensees, facility owners and managers and the public of the requirements
for licensure and the rules of conduct and disciplinary procedure governing
chiropractic facilities. The purpose of these rules is to ensure adequate
regulation of chiropractic facilities for the public safety and notice of
board policy and board regulations governing chiropractic facilities and to
require the submission of specific information that the board must obtain
from facilities in order to carry out its regulatory responsibilities.
No comments were received concerning the proposed rules.
The amendment and new rules 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 §201.312,
which the board interprets as authorizing it to adopt rules relating to the
regulation of chiropractic facilities.
§74.1.Definitions.
The following words and terms when used in this chapter shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Board-Texas Board of Chiropractic Examiners;
(2)
Chiropractic Act-Occupations Code, Chapter 201;
(3)
Chiropractic Radiologic Technologist (CRT)-A person who
is registered with the board under chapter 78 of this title (concerning CRTs);
(4)
Facility-An office or business that provides chiropractic
services by or under the direction of a doctor of chiropractic licensed by
the board;
(5)
Health Professions Council Act (HPCA)-Occupations Code,
Chapter 101;
(6)
Licensee-A person who is licensed by the board to practice
chiropractic in the State of Texas; and
(7)
Medical Radiologic Technologist Certification Act (MRTCA)-Occupations
Code, Chapter 601.
§74.2.Facility License Requirements.
(a)
A facility shall not provide chiropractic services without
first being licensed by the board.
(b)
An applicant for a facility license shall submit to the
board an application as prescribed by the board, along with the facility license
fee as provided in §75.7 of this title (relating to fees), payable by
personal or company check to the Texas Board of Chiropractic Examiners. The
application must be signed by the owner, if a sole proprietorship, or by an
authorized representative, if a partnership or corporation.
(c)
The following information shall be included in the application
and upon renewal:
(1)
the legal name of the facility, the address, and telephone
and facsimile numbers of the primary and secondary locations of the facility
to be licensed;
(2)
the type of legal entity (sole proprietorship, partnership,
corporation);
(3)
the name, address, and percentage of ownership of each
person with a 10% or greater ownership interest in the facility; if a person
is an individual, include the person's social security number, driver's license
number, date of birth, and if a licensee, his or her license number;
(4)
the name and license number of each doctor licensed by
the board who is employed or otherwise engaged to provide chiropractic services
at the facility; and
(5)
any other information requested by the board that it deems
necessary for processing the application or for other regulatory purposes.
(d)
Social security numbers are collected for purposes of child
support collection and student loan enforcement.
(e)
A facility owner must be 21 years of age or older.
(f)
A facility will be charged for one license, regardless
of the number of locations for each facility. For administrative record keeping
purposes, each separate location will be issued a separate license number.
The application shall identify one location as the primary location; all other
locations shall be designated as secondary. Facilities that share office space
or staff but otherwise maintain separate business identities, including separate
billing, accounting or other functions, shall be treated as separate facilities
and each charged a license fee.
(g)
No license will be issued on an incomplete submission.
Application or renewal packages that are submitted without all of the required
documents or fees will be deemed incomplete and returned to the applicant.
(h)
This chapter does not apply to hospitals or public health
clinics registered with the Texas Department of Health or another state agency,
or a chiropractic facility owned and operated by a Texas college of chiropractic
as part of its chiropractic internship program.
§74.5.Rules of Conduct.
(a)
Practicing chiropractic in a facility with an expired facility
license constitutes practicing chiropractic without a license. A licensee
shall not practice chiropractic in such facility until the facility license
is renewed.
(b)
A facility with an expired license that continues to provide
chiropractic services shall be subject to the maximum sanctions for practicing
without a chiropractic license.
(c)
No facility owner or employee, other than the primary treating
doctor of chiropractic, shall control or attempt to control, in any way whatsoever,
the professional judgment of such treating doctor with respect to patient
care and treatment.
(d)
A facility shall maintain a current business address with
the board for each location. A different mailing address may be provided in
addition to the business address. A facility shall notify the board, in writing,
of any change in business or mailing address or ownership within 30 days of
the change. The notification shall be signed by the owner or authorized representative
of the facility and must include the facility license number.
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 18, 2001.
TRD-200100353
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 7, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 305-6709
Chapter 74.
CHIROPRACTIC FACILITIES
Chapter 80.
MISCELLANEOUS