Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.2, §73.4
The Texas Board of Chiropractic Examiners adopts amendments
to §73.2 and §73.4, relating to renewal of license and inactive
status, without changes to the proposed text, as published in the February
23, 2001, issue of the
Texas Register
(26
TexReg 1649). The text of the rule as amended will not be republished. 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 who desires to be placed on inactive status to apply for such status
each year at the time of license renewal. Section 201.311(a) requires a licensee
to apply for inactive status on or before the expiration date of the license.
Under the Act and board rules, 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 as to the above-listed requirements, it has received 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.
No comments were received concerning the proposed amendment.
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 §201.311, which the board interprets as
requiring it to adopt rules providing for inactive status.
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 May 14, 2001.
TRD-200102657
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 3, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 305-6709
22 TAC §80.3
The Texas Board of Chiropractic Examiners adopts an amendment
to §80.3(e), relating to the fee for chiropractic records, without changes
to the proposed text as published in the March 30, 2001, issue of the
No comments were received concerning the proposed amendment.
The amendment is adopted under Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §210.405 which sets
out statutory responsibilities and requirements for release of patient records,
and which the board interprets as one of the provisions it is charged with
enforcing.
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 May 14, 2001.
TRD-200102658
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 3, 2001
Proposal publication date: March 30, 2001
For further information, please call: (512) 305-6709
Chapter 235.
LICENSING
Subchapter D. ISSUANCE OF LICENSES
22 TAC §235.46
The Board of Vocational Nurse Examiners adopts the amendment
of §235.46 relating to Notification of Name or Address without changes
to the proposed text as published in the April 6, 2001, issue of the
The amendment addresses required documents for a name change. The amendment
also has new language relating to address changes to comply with compact rules.
No comments were received relative to the adoption of this rule.
The amendment is adopted under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
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 May 9, 2001.
TRD-200102614
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: May 29, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 305-7653
Subchapter D. INFORMAL DISPOSITIONS
22 TAC §239.51
The Board of Vocational Nurse Examiners adopts amendment
of §239.51 relating to Agreed Orders without changes to the proposed
text as published in the April 6, 2001, issue of the
Texas Register
(26 TexReg 2621).
The amendment of this rule will allow the business of the Board to continue,
especially the Informal Hearings, in the temporary absence of an Executive
Director.
No comments were received relative to the adoption of this rule.
The amendment is adopted under Chapter 302, Texas Occupations
Code, Subchapter D, §302.151(b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
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 May 9, 2001.
TRD-200102615
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Effective date: May 29, 2001
Proposal publication date: April 6, 2001
For further information, please call: (512) 305-7653
Chapter 651.
FEES
22 TAC §651.1
The Executive Council of Physical Therapy and Occupational
Therapy Examiners adopts the amendments to §651.1, without changes to
the proposed test as published in the February 23, 2001, issue of the
This section is being amended to add a re-exam fee, change in inactive
fee, and add language for changeable fees.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Executive Council of Physical
Therapy and Occupational Therapy Act, Title 23, Subchapter H, Chapter 452,
Occupations Code, which provides the Executive Council of Physical Therapy
and Occupational Therapy Examiners with the authority to adopt rules consistent
with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 452, Occupational Code is affected by this
amended section.
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 May 10, 2001.
TRD-200102640
John P. Maline
Executive Director
Executive Council of Physical Therapy and Occupational Therapy Examiners
Effective date: September 1, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 305-6900
The Executive Council of Physical Therapy and Occupational Therapy
Examiners adopts the repeal of §651.2, Physical Therapy Board Fees, and
adopts new §651.2, Physical Therapy Board Fees, without changes to the
proposed text as published in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11842). The repealed and new sections are
adopted without changes and will not be republished.
The repeal of the section and the adoption of the new section will bring
PT and OT administrative procedures into alignment, to establish fees for
services provided, and to include fee information.
The new section adds late renewal and restoration fees for licensees and
facilities as set out in the PT Board rules, changes the fee to go inactive,
and establishes a renewal fee for an inactive license.
No comments were received regarding adoption of the repeal or new section.
Chapter 80.
MISCELLANEOUS
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Chapter 239.
CONTESTED CASE PROCEDURE
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS
Chapter 651.
FEES