Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 74.
CHIROPRACTIC FACILITIES
22 TAC §74.3
The Texas Board of Chiropractic Examiners (Board) adopts
an amendment without change to §74.3, relating to the annual renewal
of chiropractic facilities. The proposed amendment was published in the January
20, 2006, issue of the
Texas Register
(31
TexReg 369). The proposed amendments are intended to improve the oversight
of chiropractic facilities.
The amendment to subsection (a) will 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 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.
No comments were received on the proposed amendment.
Glenn Parker, Executive Director, has determined that for the first five-year
period the new 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.
Mr. Parker has 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.
The amendments are adopted 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 rules.
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 July 6, 2006.
TRD-200603618
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: July 26, 2006
Proposal publication date: January 20, 2006
For further information, please call: (512) 305-6901
Chapter 75.
RULES OF PRACTICE