22 TAC §73.2
The Texas Board of Chiropractic Examiners (TBCE) proposes
to amend §73.2, relating to renewal of a chiropractic license. The TBCE
currently is required to deny renewal to a licensee that is in default of
a loan guaranteed by the Texas Guaranteed Student Loan Corporation (TGSLC)
or in breach of a repayment agreement, under §57.491 of the Education
Code. Section 73.2(c) sets out the mandatory non-renewal requirement of §57.491
of the Education Code for TGSLC loans.
The legislature, this year, passed H.B. 1755 (creating chapter 56 of the
Occupations Code), which gives discretionary authority to certain occupational
licensing agencies, including the TBCE, to deny an application for a license
or renewal or to discipline a licensee for default on student loans or breach
of a loan repayment agreement or the service obligation in a scholarship contract.
H.B. 1755 also permits a licensing agency to rescind its action upon receipt
of information that the person has repaid the loan or otherwise made arrangements,
which effectively place the person in good standing with regard to the loan,
repayment or scholarship agreement. Likewise, H.B. 1755 authorizes a licensing
agency to reinstate any action or take other disciplinary action upon notice
that the person is once again in default or in breach of contract relating
to the loan, repayment or scholarship.
The board reads H.B. 1755 and §57.491 of the Education Code as giving
it discretionary authority to take disciplinary action against a licensee
or deny an application for licensure to a person, who is not in good standing
with respect to a student loan, or repayment or scholarship agreement, including
one guaranteed by the TGSLC. Under these statutes, the board only has discretionary
authority to deny renewal with respect to a licensee with a non-TGSLC loan.
This proposed rulemaking amends §73.2 to give notice to chiropractic
licensees of the possible non-renewal if a licensee is not in good standing
with regard to other student loans or scholarships. By separate rulemakings,
the board proposed to amend §71.3, relating to applicants for licensure,
and §§74.2 and 74.3, relating to facility licenses, to provide similar
notice to applicants and current facility licensees that the board may refuse
to grant or renew a chiropractic or facility license, if the person is not
in good standing with regard to student loans or scholarships. The board also
proposed to amend chapter 80 to provide notice to current licensees that the
board may take disciplinary action against a person's chiropractic and facility
licenses for the same reasons. Other non-substantive changes have been made
to update statutory references and for format in these proposals. The proposals
were published in the January 25, 2002, issue of the
Texas Register
(27 TexReg 557)
Jessica Harwell, Director of Enforcement, has determined that for the first
five-year period the proposed amendment is in effect, there will be no fiscal
implications for state government or local government as a result of enforcing
or administering the amendment.
Ms. Harwell has determined that for each year of the first five years,
the amendment is in effect, the public benefit anticipated as a result of
enforcing and administering the amendment, will be greater assurance that
chiropractors meet their loan or scholarship commitments, thus, ensuring the
integrity of student loan and scholarship programs. There will be no effect
on small or micro businesses, or anticipated economic cost to persons who
are required to comply with the amendment as proposed.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Jessica Harwell, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, TX 78701.
The amendment is 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 Occupations Code ch. 56,
which the board interprets as authorizing it to adopt rules providing for
implementation of the chapter by the board.
The following are the statutes, articles, or codes affected by the amendment:
§73.2 -- Occupations Code, ch. 56 and §201.152.
§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 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 and Charges for Public Information), any late fees, if applicable
as provided in subsection
(h)
[
(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
and §75.7 are provided to the board.
(b)
Locum
tenens
information
[
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
TGSLC
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
(TGSLC)
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)
Licensees in default of other
student loans or scholarship obligations.
(1)
This subsection applies to a licensee in default
of a student loan other than a loan guaranteed by the TGSLC, in breach of
a loan repayment agreement other than one related to a TGSLC loan, or in breach
of any scholarship contract.
(2)
The board may refuse to renew a chiropractic
license if it receives information from an administering entity that the licensee
has defaulted on a student loan or has breached a student loan repayment contract,
or a scholarship contract by failing to perform his or her service obligation
under the contract. The board may rescind a denial of renewal under this subsection
upon receipt of information from an administering entity that the licensee
whose renewal was denied is now in good standing, as provided in subsection
(b) of §71.3 (relating to Qualifications of Applicants).
(e)
Upon notice that a licensee
is again in default or breach of any loan or agreement relating to a student
loan or scholarship agreement under subsections (c) or (d) of this section,
the board may suspend the license or take other disciplinary action as provided
in §80.2 of this title (relating to Default on Student Loans and Scholarship
Agreements).
(f)
Opportunity for hearing.
(1)
The board shall notify a licensee, in writing,
of the nonrenewal of a license under subsections (c) or (d) of this section
and of the opportunity for a hearing under paragraph (2) of this subsection
prior to or at the time the annual renewal application is sent.
(2)
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 provided in paragraph
(1) of this subsection.
(g)
A license which is not renewed
under subsections (c) or (d) of this section is considered expired. Subsections
(h) and (i) of this section apply to a license not renewed under subsections
(c) or (d) of this section.
(h)
[
(d)
] Expired
license
[
License
].
(1)
If an active or inactive license is not renewed on or before
the first day of the licensee's birth month of each year, it expires.
(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)
Except as provided by paragraphs (5) and (6) of this subsection,
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)
At the board's discretion, a person whose license has expired
for one year but not more than three years may renew without complying with
paragraph (4) of this subsection if the board determines that the person has
shown good cause for the failure to renew the license and pays to the board:
(A)
the required renewal fee for each year in which the licensee
was expired; and
(B)
an additional fee in an amount equal to the sum of:
(i)
the jurisprudence examination fee, multiplied by the number
of years the license was expired, prorated for fractional years; and
(ii)
two times the jurisprudence examination fee.
(7)
Good cause for the purposes of paragraph (6) of this section
means extenuating circumstances beyond the control of the applicant which
prevented the person from complying timely with subsection (a), such as extended
personal illness or injury, extended illness of the immediate family, or military
duty outside the United States where communication for an extended period
is impossible. Good cause is not shown if the applicant was practicing chiropractic
during the period of time that the applicant's license was expired. With the
renewal application, an applicant must submit a notarized sworn affidavit
and supporting documents that demonstrate good cause, in the opinion of the
board.
(8)
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.
(i)
[
(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
(h)
[
(d)
] of this section
, except for a license which is not renewed under subsections (c) or (d) of
this section if the licensee has timely requested a hearing under subsection
(f) of this section.
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 11, 2002.
TRD-200200847
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: March 24, 2002
For further information, please call: (512) 305-6709