Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.2, §73.4
The Texas Board of Chiropractic Examiners proposes amendments
to §73.2 and §73.4, relating to renewal of license and inactive
status. The purpose of these amendments is to clarify that the Chiropractic
Act, Occupations Code, §201.311(a), and board rules, §73.2 and §73.4,
require a licensee, each year at the time of license renewal, to apply for
inactive status for the next license year. Inactive status is generally requested
at the time of license renewal. Every licensee must renew his or her license
each year, whether the licensee is on active or inactive status. To remain
on inactive status, an inactive licensee must re-apply each year at renewal.
Failure to re-apply for inactive status subjects an inactive licensee to the
same late fee penalties and consequences to which late renewal by an active
licensee is subject. While the board believes that the Act and its rules are
clear, it has receives at least one inquiry by an attorney who argues that
an inactive licensee does not have to re-apply each year. This rulemaking
attempts to end any doubt about the requirements for inactive status.
Joyce Kershner, Director of Licensure, has determined that for the first
five-year period the proposed amendments are in effect, there will be no fiscal
implications for state government or local government as a result of enforcing
or administering the rules as amended. The proposed amendments do not implement
new requirements; they simply clarify existing rules.
Ms. Kershner also has determined that for each year of the first five years,
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the rules, as amended, will be that licensees are provided
better notice of the board's procedures and requirements relating to inactive
status. There will be no added effect on micro or small businesses versus
that on larger businesses. Each licensee is subject to the same requirements,
regardless of the size of their practice. There is no anticipated economic
cost to persons who are required to comply with the amended rules inasmuch
as the amendments do not add new conditions or requirements on licensees.
Comments may be submitted, no later than 30 days from the date of this
publication, to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701.
The amendments are proposed 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 §201.311, which the
board interprets as requiring it to adopt rules providing for inactive status.
The following are the statutes, articles, or codes affected by the amendments: §73.2, §73.4
- Occupations Code, §201.152, §201.311.
§73.2.Renewal of License.
(a)
Annual renewal. Each year, on or before the first day of
a licensee's birth month, a licensee shall renew his or her license
.
A licensee may also
[
(b)
Locum Tenens
Information.
A licensee who substitutes for another licensee (locum tenens) and temporarily
practices at the facility of the absent licensee shall provide the board with
a list of each facility that he or she has served as a
locum tenens
during the previous 12 months. The list shall include
the name, address, and facility registration of each facility. A
locum tenens
licensee shall have proof of licensure, such as a copy
of the license or the board-issued wallet size license, with them while practicing
and shall show it upon request.
(c)
Licensees in default of student loan or repayment agreement.
(1)
The board shall not renew a license of a licensee who is
in default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation
or a repayment agreement with the corporation except as provided in paragraphs
(2) and (3) of this subsection.
(2)
For a licensee in default of a loan, the board shall renew
the license if:
(A)
the renewal is the first renewal following notice to the
board that the licensee is in default; or
(B)
the licensee presents to the board a certificate issued
by the corporation certifying that:
(i)
the licensee has entered into a repayment agreement on
the defaulted loan; or
(ii)
the licensee is not in default on a loan guaranteed by
the corporation.
(3)
For a licensee who is in default of a repayment agreement,
the board shall renew the license if the licensee presents to the board a
certificate issued by the corporation certifying that:
(A)
The licensee has entered into another repayment agreement
on the defaulted loan; or
(B)
the licensee is not in default on a loan guaranteed by
the corporation or on a repayment agreement.
(4)
This subsection does not prohibit the board from issuing
an initial license to a person who is in default of a loan or repayment agreement
but is otherwise qualified for licensure. However, the board shall not renew
the license of such a licensee, if at the time of renewal, the licensee is
in default of a loan or repayment agreement except as provided in paragraphs
(2)(B) or (3) of this subsection.
(5)
The board shall notify a licensee of the nonrenewal of
a license under this subsection and of the opportunity for a hearing under
paragraph (7) of this subsection prior to or at the time the annual renewal
application is sent.
(6)
A license which is not renewed under this subsection is
considered expired. The licensee cannot practice chiropractic until such time
that he or she complies with this subsection. Subsection (d) of this section
applies to licenses expired under this subsection.
(7)
Upon written request for a hearing by a licensee, the board
shall set the matter for hearing before the State Office of Administrative
Hearings in accordance with §75.9(d) of this title (relating to Complaint
Procedures). A licensee shall file a request for a hearing with the board
within 30 days from the date of receipt of the notice required by paragraph
(5) of this subsection.
(d)
Expired License.
(1)
If
an active or inactive
[
(2)
If a person's license has expired for 90 days or less,
the person may renew the license by paying to the board the required renewal
fee, as provided in §75.7 of this title (relating to Fees), and a late
fee of $62.
(3)
If a person's license has expired for longer than 90 days,
but less than one year, the person may renew the license by paying to the
board the required renewal fee, as provided in §75.7 of this title and
a late fee of $125.
(4)
If a person's license has expired for one year or longer,
the person may not renew the license but may obtain a new license by submitting
to reexamination and complying with the current requirements and procedures
for obtaining an initial license.
(5)
At the board's discretion, a person whose license has expired
for one year or longer may renew without complying with paragraph (4) of this
subsection if the person moved to another state and is currently licensed
and has been in practice in the other state for two years preceding application
for renewal. The person must also pay the board the required renewal fee,
as provided in §75.7 of this title and a late fee of $125.
(6)
The annual renewal application will be deemed to be the
written notice of the impending license expiration forwarded to the person
at the person's last known address according to the records of the board.
(e)
Practicing with an expired license. Practicing chiropractic
with an expired license constitutes practicing chiropractic without a license.
A licensee whose license expires shall not practice chiropractic until the
license is renewed or a new license is obtained as provided by subsection
(d) of this section.
§73.4.Inactive Status.
(a)
Each year, on or before a licensee's renewal date,
a
[
(b)
A licensee on inactive status is not required to pay a
fee if the application for inactive status is submitted on or before the annual
expiration date of the license. If the application is late, the licensee shall
be subject to [
(c)
To place a license on inactive status at a time other than
the time of license renewal, a licensee shall:
(1)
return the current renewal certificate to the board office;
and
(2)
submit a signed, notarized statement stating that the licensee
shall not practice chiropractic in Texas while the license is inactive, and
the date the license is to be placed on inactive status.
(d)
To reactivate a license which has been on inactive status
for five years or less, a licensee shall, prior to beginning practice in this
state:
(1)
apply for active status on a form prescribed by the board;
(2)
submit written verification of attendance at and completion
of continuing education courses as required by §73.3 of this title for
the number of hours that would otherwise have been required for renewal of
a license. Approved continuing education earned within the calendar year prior
to the licensee applying for reactivation may be applied toward the continuing
education requirement; and
(3)
pay the Active License Renewal Fee.
(e)
A license which has been on inactive status for a period
of more than five years may be reactivated only upon successfully passing
Part IV of the National Board of Examination and the board's Jurisprudence
Examination prior to reactivation.
(f)
Prohibition against Practicing Chiropractic in Texas. A
licensee while on inactive status shall not practice chiropractic in this
state. The practice of chiropractic by a licensee while on inactive status
constitutes the practice of chiropractic without a license.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 7, 2001.
TRD-200100813
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 305-6709
Chapter 651.
FEES
or
] apply for inactive status in accordance
with §73.4 of this title (relating to Inactive Status). In order to renew
a license, a licensee must submit to the board the license renewal form provided
by the board, the renewal fee for an active license as provided in §75.7
of this title (relating to Fees), any late fees, if applicable as provided
in subsection (d) of this section, and verification of continuing education
attendance as required by §73.3 of this title (relating to Continuing
Education). An annual renewal certificate shall not be issued until all information
and fees required by this section are provided to the board. The license renewal
fee
and any late fees
shall be paid by cashier's check or money
order made payable to the Texas Board of Chiropractic Examiners.
a
] license
is not renewed on or before the first day of the licensee's birth month of
each year, it becomes expired.
A
] licensee who is not currently practicing chiropractic
in Texas may
renew his or her license as provided by §73.2 of this
title (relating to Renewal of License) and
request
, on a form
prescribed by the board, that it
[
his or her license
] be
placed on inactive status [
by applying on a form prescribed by the board
].
In order to continue on inactive status and to maintain a valid
license, an active licensee must renew his or her license and make a new request
for inactive status each year.
the applicable late fee as provided by
] §73.2
(d)
of this title (relating to
Expired License
[
Renewal
of License
]). A licensee on inactive status is not required to complete
continuing education as provided in §73.3 of this title (relating to
Continuing Education).
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS