Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.1, §71.3
The Texas Board of Chiropractic Examiners (TBCE) proposes
to amend §71.1, relating to definitions, and §71.3, relating to
qualifications of applicants. The TBCE is currently 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 this mandatory non-renewal
requirement.
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.
This proposed rulemaking amends §71.3 to give notice to applicants
of the possible denial of their applications for licensure if they are not
in good standing with regard to student loans or scholarships. Other non-substantive
changes have been made to update statutory references and for format, in §71.1
and §71.3. By separate rulemakings, the board is also proposing amendments
to §73.2, relating to renewal of a chiropractic license, §74.2 and §74.3,
relating to facility licenses, and chapter 80, to provide notice to current
licensees and applicants for a facility license that they are subject to action
by the board if a licensee or applicant is not in good standing with regard
to student loans or scholarships.
Jessica Harwell, Director of Enforcement, 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 amendments.
Ms. Harwell has determined that for each year of the first five years,
the amendments are in effect, the public benefit anticipated as a result of
enforcing and administering the amendments, will be greater assurance that
chiropractors meet their educational 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 amendments 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 amendments are proposed under 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 amendments:
§71.1, §71.3 -- Occupations Code, ch. 56 and §201.152.
§71.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Applicant--An individual who applies
for licensure
as a chiropractor
[
(2)
Board--The Texas Board of Chiropractic Examiners.
(3)
Board member--One of the appointed members of the decision-making
body defined in this section as the board.
(4)
Chiropractic Act-
Occupations Code ch. 201
[
(5)
Examinee--An
applicant
[
§71.3.Qualifications of Applicants.
(a)
All applicants must comply with the application
process and
license requirements in
[
(b)
The board may deny an application
for a chiropractic license if it receives information from an administering
entity that the applicant has defaulted on a student loan or has breached
a student loan repayment contract or scholarship contract by failing to perform
his or her service obligation under the contract. The board may rescind a
denial under this subsection upon receipt of information from an administering
entity that the applicant whose application was denied is now in good standing.
For the purposes of this subsection, "good standing" means that the applicant
has:
(1)
entered into an agreement with the administering
entity to:
(A)
repay the student loan;
(B)
perform the service obligation; or
(C)
pay any damages required by the student loan
repayment contract or scholarship contract; or
(2)
taken other action resulting in the applicant
no longer being in default on the loan or in breach of a repayment or scholarship
contract.
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 January 14, 2002.
TRD-200200161
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 305-6709
22 TAC §74.2, §74.3
The Texas Board of Chiropractic Examiners (TBCE) proposes
to amend §74.2, relating to license requirements for facilities, and §74.3,
relating to renewal of a facility 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 this mandatory non-renewal requirement for chiropractic licenses. There
currently is no similar board rule governing facility licenses.
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 to 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.
This proposed rulemaking extends the mandatory non-renewal requirement
of §57.491 to facility licensees with TGSLC loans and gives notice to
facility applicants and licensees of the possible denial of a license or non-renewal
if an applicant or licensee is not in good standing with regard to any student
loan or scholarships. These proposed amendments will apply only to facility
licenses held by an individual, as a sole proprietor or in a partnership,
since only individuals are eligible for student loans or scholarships, and
a license for a corporation is held in the name of the corporation, not by
individuals.
By separate rulemakings, the board is also proposing to amend §71.3,
relating to applicants for a chiropractic license, and §73.2 (at a later
date), relating to renewal of a chiropractic license, to provide similar notice
to applicants and current licensees that the board may refuse to grant or
renew a chiropractic, if the person is not in good standing with regard to
student loans or scholarships. The board is also proposing 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.
Jessica Harwell, Director of Enforcement, 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 amendments.
Ms. Harwell has determined that for each year of the first five years,
the amendments are in effect, the public benefit anticipated as a result of
enforcing and administering the amendments, will be greater assurance that
chiropractors and facility owners 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 amendments 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 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, Occupations Code ch. 56, which
the board interprets as authorizing it to adopt rules providing for implementation
of the chapter by the board, and Education Code §57.491(j), which the
board interprets as requiring it to adopt rules necessary to carry out its
duties under this section.
The following are the statutes, articles, or codes affected by the amendments:
§74.2, §74.3 -- Occupations Code, ch. 56 and §201.152, Education
Code §57.491(j).
§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). 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 and street address, and
telephone and facsimile numbers for the facility;
(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)
Facilities that share office space or staff but otherwise
maintain separate business identities, including billing, accounting and other
functions, shall be treated as separate facilities and a license and license
fee will be required for each facility.
(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.
(i)
The board may deny an application
for a facility license by an sole proprietor or partnership if it receives
information from an administering entity that the applicant has defaulted
on a student loan or has breached a student loan repayment contract or scholarship
contract by failing to perform his or her service obligation under the contract.
The board may rescind a denial under this subsection upon receipt of information
from an administering entity that the applicant whose application was denied
is now in good standing, as provided in subsection (b) of §71.3 (relating
to Applications and Qualifications) of this title.
§74.3.Annual Renewal.
(a)
On or before September 1 of each year, a licensed facility
shall renew its license, by submitting:
(1)
a facility renewal form as prescribed by the board;
(2)
complete information as required on the form, including
changes in information since the original application or last renewal; and
(3)
the facility license fee as provided in §75.7 of this
title (relating to Fees and Charges for Public Information).
(b)
A facility license expires on September 1 of each year
if it is not timely renewed.
(c)
If a facility's license has expired, the facility may renew
its license by submitting to the board all of the items required by subsection
(a) of this section and a late fee of $50.00; if the facility's license has
expired for more than 90 days, a late fee of $100.00 must be submitted.
(d)
A facility that fails to renew its license on or before
the expiration date may also be subject to an administrative penalty and other
disciplinary sanctions as provided in §74.9 of this title (relating to
Disciplinary Action).
(e)
A facility shall not provide chiropractic services without
a current license, and a licensee shall not practice in a facility that does
not have a current, valid license.
(f)
The board shall not renew a
facility license of sole proprietor or partnership if the sole proprietor
or a partner 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 by §73.2(c) of this title (relating to Renewal of License).
The board may refuse to renew a facility license of a sole proprietor or partnership
if it receives information from an administering entity that the licensee,
including a partner, has defaulted on a student loan other than a TGSLC loan,
or breached a repayment contract relating to a student loan other than a TGSLC
loan 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 §71.3(b)
of this title (relating to Qualifications of Applicants). Upon notice that
a licensee is again in default or breach of any loan or agreement relating
to a student loan or scholarship agreement, 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).
(g)
Opportunity for hearing.
(1)
The board shall notify a licensee, in writing,
of the nonrenewal of a license under subsection (f) 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.
(h)
A license which is not renewed
under subsection (f) of this section is considered expired.
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 January 14, 2002.
TRD-200200162
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 305-6709
22 TAC §80.2
The Texas Board of Chiropractic Examiners (TBCE) proposes
to amend chapter 80, by renaming its title and adding a new §80.2. 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 this mandatory non-renewal requirement for
chiropractic licenses.
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
that 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 to 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.
This rulemaking adds new §80.2 which provides notice to current licensees
that they may be subject to the board's disciplinary power if a licensee is
not in good standing with regard to student loans or scholarships. By separate
rulemakings, the board is proposing amendments to §§71.3, 73.2 (at
a later date), 74.2 and 74.3, to provide similar notice that the board may
refuse to grant or renew a chiropractic or facility license, on the same basis.
Other non-substantive changes have been made to update statutory references
and for format in these proposals.
Jessica Harwell, Director of Enforcement, has determined that for the first
five-year period the proposed rule is in effect, there will be no fiscal implications
for state government or local government as a result of enforcing or administering
the rule.
Ms. Harwell has determined that for each year of the first five years,
the rule is in effect, the public benefit anticipated as a result of enforcing
and administering the rule, will be greater assurance that chiropractors meet
their educational 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 rule 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 new rule 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 new
rule:
§80.2 -- Occupations Code, ch. 56 and §201.152.
§80.2.Default on Student Loans and Scholarship Agreements.
(a)
Besides non-renewal of a license under §73.2 (relating
to Renewal of License) or §74.3 (relating to Annual Renewal) of this
title, a licensee who has defaulted on a student loan or breached a student
loan repayment contract, a scholarship contract by failing to perform his
or her service obligation under the contract, or any other agreement between
the licensee and the administering entity, relating to payment of a student
loan or performance of obligations under a scholarship, may be subject to
disciplinary action by the board as authorized by chapter 56 of the Occupations
Code. This section applies to chiropractic licensees and facility licensees
who operate as a sole proprietor or partnership.
(b)
The board may rescind any disciplinary action taken under
this section upon receipt of information from an administering entity that
the licensee is now in good standing, as provided in §71.3(b) of this
title (relating to Qualification of Applicants) of this title.
(c)
Upon notice that a licensee is again in default or breach
of any loan or agreement relating to a student loan or scholarship, the board
may reinstate the original disciplinary action, if rescinded, or take other
disciplinary action.
(d)
The maximum sanction for a violation of this section is
revocation and/or $1000 administrative penalty per violation. This sanction
is incorporated into the board's maximum sanction table provided in §75.11(b)
of this title (relating to Schedule of Sanctions) by this reference.
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 January 14, 2002.
TRD-200200158
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 305-6709
Chapter 428.
UNIFORMED MOTORCYCLE ESCORT SERVICE
to take the examination for licensure given
by the board
].
Texas Civil Statutes, Article 4512b
].
individual
]
who has been approved, admitted to, and/or has taken the examination given
by the board.
qualification criteria
of
] the Chiropractic Act,
subchapter G of chapter 201 of the Occupations
Code
[
§10
].
Chapter 74.
CHIROPRACTIC FACILITIES
Chapter 80.
PROFESSIONAL CONDUCT
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY