Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.3
The Texas Board of Chiropractic Examiners (Board) proposes
an amendment to §71.3(a), relating to admission requirements for each
student admitted to study chiropractic, as required by HB 972, the Board's
Sunset legislation.
Section 21 of HB 972, 79th Legislature, Regular Session, amended the chiropractic
Act, Texas Occupations Code §201.303, to clarify the educational requirements
for chiropractic applicants. This amendment to §71.3 specifies the educational
requirements as set forth by the Council on Chiropractic Education in its
Standards for Doctor of Chiropractic Programs and Requirements for Institutional
Students Status, III. F, p. 20-21 (January 2005).
Sandra Smith, Executive Director, has determined that for the first five-year
period the amendment is in effect there will be no additional cost to state
or local governments as a result of enforcing or administering this amendment.
Ms. Smith also determined the for each year of the first five-year period
the rule is in effect the public benefit will be clearer and more exact standards
for students of chiropractic. Ms. Smith has determined that here will be no
economic costs to persons who are required to comply with the amendment as
proposed. There will be no effect to small or micro businesses.
Comments on the proposed rule may be submitted to Sandra Smith, Executive
Director, Texas State Board of Chiropractic Examiners 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than 30 days
from the date that the proposed rule is published in the
Texas Register.
The amendment is proposed under the Texas Occupations Code, §201.152,
relating to rules, and §201.303, relating to educational requirements.
Section 201.152 authorizes the board to adopt rules necessary to regulate
the practice of chiropractic. Section 201.303 establishes educational requirements
for undergraduate study and for the study of chiropractic.
No other statutes, articles, or codes are affected by the proposed rule.
§71.3.Qualifications of Applicants.
(a)
All applicants must comply with the application process
and license requirements in the Chiropractic Act, subchapter G of chapter
201 of the Occupations Code.
(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.
(c)
For each student admitted a
Chiropractic College must document and retain evidence in the student's file
regarding the basis upon which the student was judged to be qualified for
admission, and clearly inform the student at the time of admission that limitations
of practice venue and licensure might occur. Students must demonstrate that
qualifications for student acceptance and resultant enrollment are appropriate
to the program objectives, goals and educational mission of the program or
institution. Each student admitted to begin the study of chiropractic on the
basis of academic credentials from institutions within the United States must
meet the following requirements:
(1)
All matriculants must furnish proof of having
earned a minimum of 90 semester hour credits of appropriate pre-professional
education courses at an institution or institutions accredited by a nationally
recognized agency. Included in these credits must be a minimum of 48 semester
hour credits in the course areas noted in paragraph (2) of this subsection.
In addition, all matriculants must have earned a cumulative grade point average
of at least 2.50 on a scale of 4.0 for the courses listed in paragraph (2)
of this subsection and for the required 90 semester hours. Quarter hour credits
may be converted to equivalent semester hour credits. In situations in which
one or more courses have been repeated with equivalent courses, the most recent
grade(s) may be used for grade point average computation and the earlier grade(s)
may be disregarded.
(2)
All Matriculants must present a minimum of 48
semester hours' credit (or the quarter-hour credit equivalents), distributed
as follows:
(A)
English Language Skills: 6 semester hours;
(B)
Psychology: 3 semester hours;
(C)
Social Sciences or Humanities: 15 semester hours;
(D)
Biological Sciences: 6 semester hours. The Biological
Sciences requirements must include pertinent laboratory experiences that cover
the range of material presented in the didactic portions of the course(s);
and
(E)
Chemistry: 12 semester hours. The Chemistry
requirement may be met with at least 3 semester hours of general or inorganic
chemistry and at least 6 hours of organic chemistry and/or biochemistry coursed
with unduplicated content. At least 6 semester hours of the chemistry courses
must include pertinent laboratory experiences, which cover the range of material
presented in the didactic portions of the courses.
(F)
Physics and related studies: 6 semester hours.
The physics requirement may be met with either one or more physics courses
with unduplicated content (of which one must include a pertinent related laboratory
that covers the range of material in the didactic portions of the course),
or three (3) semester hours in physics (with laboratory) and three (3) semester
hours in either biomechanics, kinesiology, statistics, or exercise physiology.
(3)
In each of the six distribution areas, if more
than one course is taken to fulfill the requirement, the course content must
be unduplicated. In the event an institution's transcript does not combine
laboratory and lecture grades for a single course grade, the admitting institution
may calculate a weighted average of those grades to establish the grade in
that science course.
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 9, 2006.
TRD-200600114
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 19, 2006
For further information, please call: (512) 305-6703
22 TAC §73.4
The Texas Board of Chiropractic Examiners (Board) proposes
an amendment to §73.4(b), relating to Inactive Status, to delete the
requirement of a processing fee for inactive licenses. This amendment is a
companion to the adopted amendment to §75.79(a), relating to Required
Fees and Charges. The companion amendment was adopted in the December 2, 2005,
issue of the
Texas Register
(30 TexReg 8093).
The Board has decided to no longer assess this fee.
Sandra Smith, Executive Director, has determined that for the first five-year
period the amendment is in effect there will be no additional cost to state
or local governments as a result of enforcing or administering the amended
rule.
Ms. Smith also has determined that for each year of the first five-year
period the rule is in effect the public benefit will be reduced fees for inactive
licenses. Ms. Smith has determined that there will be no economic costs to
persons who are required to comply with the proposed amendment. There will
be no effect to small or micro businesses.
Comments on the proposed rule may be submitted to Sandra Smith, Executive
Director, Texas State Board of Chiropractic Examiners 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than 30 days
from the date that the proposed rule is published in the
Texas Register.
The amendment is proposed under Texas Occupation Code §201.152,
relating to Rules, and §201.153, relating to Fees. Section 201.152 authorizes
the Board to adopt rules necessary to regulate the practice of chiropractic.
Section 201.153 authorizes the Board to set fees by rule in amounts reasonable
and necessary to cover the costs of administering the Chiropractic Act.
No other statutes, articles, or codes are affected by the proposed rule.
§73.4.Inactive Status.
(a)
Each year, on or before a licensee's renewal date, 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 be placed on inactive
status. In order to continue on inactive status and to maintain a valid license,
an inactive licensee must renew his or her license and make a new request
for inactive status each year.
(b)
[
(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 January 9, 2006.
TRD-200600115
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 19, 2006
For further information, please call: (512) 305-6703
22 TAC §74.2
The Texas Board of Chiropractic Examiners (Board) proposes
an amendment to §74.2(h), relating to Facility Registration Requirements,
to delete the exemption for chiropractic colleges. The Board is proposing
this amendment in order to regulate the practice of chiropractic by students
at chiropractic colleges.
Sandra Smith, Executive Director, has determined that for the first five-year
period the amendment is in effect there will be no additional cost to state
or local governments as a result of enforcing or administering the amended
rule.
Ms. Smith also has determined that for each year of the first five-year
period the rule is in effect the public benefit will be greater enforcement.
Ms. Smith has determined that compliance with this amendment will cost each
chiropractic college $80.00 per year. There will be no effect to small or
micro businesses.
Comments on the proposed rule may be submitted to Sandra Smith, Executive
Director, Texas State Board of Chiropractic Examiners 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than 30 days
from the date that the proposed rule is published in the
Texas Register.
The amendment is proposed under Texas Occupation Code §§201.152,
relating to Rules; 201.302, relating to License Required; and 201.312, relating
to Registration of Facilities. Section 201.152 authorizes the Board to adopt
rules necessary to regulate the practice of chiropractic. Section 201.302
provides that a person may not practice chiropractic without a license issued
by the Board. Section 201.312 authorizes the Board to adopt requirements for
registering chiropractic facilities as necessary to protect the public health,
safety, and welfare.
No other statutes, articles, or codes are affected by the proposed rule.
§74.2.Facility Registration Requirements.
(a)
A facility shall not provide chiropractic services without
first being registered by the board.
(b)
An applicant for a facility registration shall submit to
the board an application as prescribed by the board, along with the facility
registration 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 registration and
registration fee will be required for each facility.
(g)
No registration 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
Department of State Health Services
[
(i)
The board may deny an application for a facility registration
by a 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 Qualifications of
Applicants) of this title.
(j)
At least 30 days prior to the expiration of a facility's
certificate of registration, the Board shall send written notice of the impending
expiration to an owner of a facility and to each chiropractor practicing in
said facility. Failure of a facility owner and/or chiropractors practicing
in said facility to receive such written notice shall not effect the renewal
date of said certificate of registration.
(k)
A licensee who practices chiropractic in a facility that
the licensee knows is not registered under this chapter is subject to disciplinary
action as provided in §75.10 of this title (relating to Disciplinary
Guidelines).
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 9, 2006.
TRD-200600116
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 19, 2006
For further information, please call: (512) 305-6703
22 TAC §74.3
The Texas Board of Chiropractic Examiners (Board) proposes
an amendment to §74.3, relating to the annual renewal of chiropractic
facilities. The proposed amendments are intended to improve the oversight
of chiropractic facilities.
The proposed amendment to subsection (a) would require that, when the owner
of a facility is not a licensed chiropractor, the facility must submit each
year information on the hours of operation of each clinic, the names and working
hours for each licensed chiropractor, and the names and working hours for
each personnel at the clinic.
The proposed new subsection (e) will allow the Board to close a facility's
files if the facility's certificate of registration has been expired for more
than a year. This will allow the Board to better oversee the operating facilities
and will relieve the Board from having to send renewal notices to closed facilities.
Sandra Smith, Executive Director, has determined that for the first five-year
period the amendment is in effect there will be no additional cost to state
or local governments as a result of enforcing or administering the amended
rule.
Ms. Smith has also determined that there will be a de minimis cost to persons
who are required to comply with the proposed amendments for each of the first
five years that the additional reporting required under the proposed amendment
is in effect. For each of the first five years that additional reporting required
under the proposed amendment is in effect, the public benefit will be an increased
oversight of chiropractic facilities. There will be no effect to small or
micro businesses.
Comments on the proposed amendment may be submitted to Sandra Smith, Executive
Director, Texas State Board of Chiropractic Examiners 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, facsimile (512) 305-6705, by the close of
business either 30 days from the date that this proposed amendment is published
in the
Texas Register.
The amendment is proposed under Texas Occupation Code §§201.152,
relating to rules; 201.312, relating to registration of facilities; 201.351,
relating to annual registration; and 201.1555, relating to Fraud. Section
201.152 authorizes the Board to adopt rules necessary to regulate the practice
of chiropractic. Section 201.1555 requires that the Board adopt rules to prevent
fraud in the practice of chiropractic, including rules relating to records
required to be maintained. Section 201.312 authorizes the Board to adopt requirements
for registering chiropractic facilities as necessary to protect the public
health, safety, and welfare. Section 201.351 authorizes the Board to prohibit
a chiropractor from practicing chiropractic in this state unless the chiropractor
annually registers with the board not later than January 1 of each year.
No other statutes, articles, or codes are affected by the proposed rule.
§74.3.Annual Renewal.
(a)
On or before the designated renewal date each year, a registered
facility shall renew its certificate of registration, 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; [
(3)
for a facility that is not
owned by a licensee, the following additional information shall be submitted:
(A)
the hours of operation for each clinic;
(B)
the names and working hours at each clinic for
each licensed chiropractor; and
(C)
the names and working hours at each clinic for
all other personnel; and
(4)
[
(b)
A facility registration expires on:
(1)
the first day of the owner's birth month if solely owned
by a licensed chiropractor;
(2)
the first day of the majority owner's birth month, if owned
by more than one licensed chiropractor. If a facility is owned equally by
more than one licensed chiropractor, the facility registration expires on
the first day of the birth month of the owner listed first on the facility
application; or
(3)
September 1 if owned by a corporation or someone other
than a licensed chiropractor.
(c)
If a facility's certificate of registration has expired,
the facility may renew its registration 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 certificate of registration has expired for more than 90
days, a late fee of $100.00 must be submitted.
(d)
A facility owner that fails to renew the facility's registration
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)
If a facility's certificate
of registration has been expired for more than one year, the Board may close
the facility's file.
(f)
[
(g)
[
(h)
[
(1)
the board shall notify a registrant, in writing, of the
nonrenewal of a registration under subsection
(g)
[
(2)
upon written request for a hearing by a registrant, 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 registrant 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.
(i)
[
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 9, 2006.
TRD-200600117
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 19, 2006
For further information, please call: (512) 305-6703
22 TAC §75.15
The Texas Board of Chiropractic Examiners (Board) proposes
new §75.15, relating to peer review committees, as required by HB 972,
and as necessary to clarify the rules for the investigation of complaints.
This new rule will not alter the Board's practice in the exercise of its
investigation discretion. The Board will, however, publish its schedule of
investigative and complaint priorities on its web site (www.tbce.state.tx.us).
Sandra Smith, Executive Director, has determined that for the first five-year
period the new rule is in effect there will be no additional cost to state
or local governments as a result of enforcing or administering the new section.
Ms. Smith has also determined that for each year of the first five-year
period the rule is in effect the public benefit will be a greater clarity
of the Board's procedures. Ms. Smith has determined that there will be no
economic costs to persons who are required to comply with the new section.
There will be no effect to small or micro businesses.
Comments on the proposed new rule may be submitted to Sandra Smith, Executive
Director, Texas State Board of Chiropractic Examiners 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than 30 days
from the date that the proposed rule is published in the
Texas Register
.
The new rule is proposed under the Texas Occupations Code, §201.251,
relating to peer review committees. Section 201.251 authorizes the Board to
appoint local chiropractic peer review committees from a list of nominees
submitted by the local chiropractic association to conduct peer review procedures.
Additionally, §201.252 (c) provides that the board shall establish requirements
for peer review training programs that do not discriminate against any chiropractor.
No other statutes, articles, or codes are affected by the proposed rule.
§75.15.Peer Review Committee.
(a)
When investigating a complaint, the board may consider
as a mitigating factor whether a licensee has cooperated with, or established,
an effective local peer review process.
(b)
A chiropractic peer review process is part of an outcome-based,
continuous quality improvement process that involves:
(1)
the setting and periodic re-evaluation of standards for
quality by which a chiropractic operation will be evaluated;
(2)
the collection of data necessary to identify when those
standards are not being met and data necessary to evaluate the reason(s) the
deficiency occurred;
(3)
an objective review of the data by an appropriate peer
review committee to make recommendations for quality improvement; and
(4)
an appropriate feedback mechanism to ensure that the process
is operating in a manner that continually improves the quality of care provided
to patients.
(c)
In appointing members to peer review committees, the board
shall ensure that each member meets the following requirements:
(1)
a clean disciplinary record; and
(2)
an acceptable record regarding utilization review performed
in accordance with the Texas Insurance Code, Article 21.58A.
(d)
Each peer review committee member shall be appointed by
the board and shall serve for a term of three years. The board may choose
to reappoint peer review committee members.
(e)
Peer review committee members shall fulfill the following
duties:
(1)
review standards of care and billing complaints;
(2)
review records and evidence collected by agency staff as
part of an investigation;
(3)
report to the board their findings regarding a complaint,
including the applicable standard of care governing the chiropractic treatment
or services provided by the chiropractor, whether the standard of care was
met, and the clinical basis for the committee's finding;
(4)
evaluate periodically how well peer review is working;
and
(5)
further cooperate with the board and the enforcement committee
in the investigation of complaints as required, including attending an informal
conference or testifying at a contested case hearing.
(f)
The board shall appoint a six-member Executive Peer Review
Committee to oversee and direct the activities of the local peer review committees.
The Executive Peer Review Committee shall elect a presiding officer from its
members.
(1)
The Executive Peer Review Committee shall conduct hearings
relating to disputes referred by a local peer review committee and shall make
its recommendations based solely on evidence presented in the hearings.
(2)
The Executive Peer Review Committee shall submit to the
board an annual report on the effectiveness of peer review and opportunities
for improving peer review.
(g)
The board shall provide all peer review committee members
with training in the investigation of complaints in accordance with the Chiropractic
Act and the board's rules.
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 9, 2006.
TRD-200600118
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 19, 2006
For further information, please call: (512) 305-6703
Chapter 851.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES
Subchapter A. LICENSING
Chapter 73.
LICENSES AND RENEWALS
A licensee on inactive status is required to pay
a processing fee as required by §75.7 of this title 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 §73.2(d) of this title (relating to Expired 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).
Chapter 74.
CHIROPRACTIC FACILITIES
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
].
and
]
(3)
] the facility registration
fee as provided in §75.7 of this title (relating to Fees and Charges
for Public Information).
(e)
] A facility shall not provide
chiropractic services without a current certificate of registration.
(f)
] The board shall not renew
a facility registration 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 registration of a sole proprietor
or partnership if it receives information from an administering entity that
the registrant, 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 registrant 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 registrant is again in default or breach
of any loan or agreement relating to a student loan or scholarship agreement,
the board may suspend the registration 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:
(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.
(h)
] A registration which is not
renewed under subsection
(g)
[
(f)
] of this section is
considered expired.
Chapter 75.
RULES OF PRACTICE
Part 39.
TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS