22 TAC §80.3
The Texas Board of Chiropractic Examiners proposes to amend
Chapter 80 relating to miscellaneous provisions to add a new §80.3. This
new section was inadvertently omitted from the February 11, 2000, issue of
the
Texas Register
.
The proposal transfers the current text of §76.3 of Title 22, relating
to requests for information and records of practitioners to Chapter 80. No
substantive changes are made to the section. This change is made in conjunction
with the board's review of this chapter and Chapter 75 which relates to the
board disciplinary procedures. Proposed revisions to the board's disciplinary
procedures required additional provisions. Chapter 76 was repealed by separate
rulemaking published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1025), and new sections relating to procedures
at the State Office of Administrative Hearings were proposed for Chapter 76.
Cynthia Vaughn, D.C., Chair of the Rules Committee, has determined that
for the first five-year period the proposed section is in effect, there will
be no fiscal implications for state government or local government as a result
of enforcing or administering Chapter 80 as amended.
Dr. Vaughn also has determined that for each year of the first five years,
the proposed section is in effect, the public benefit anticipated as a result
of enforcing the rule will be that the board's rules will be arranged in a
more logical and orderly system, making it easier for the public, including
those regulated by the board, to locate rules of interest. There will be no
added adverse economic effect on micro or small businesses versus that on
larger businesses or anticipated economic cost to persons who are required
to comply with the rule.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Joyce Kershner, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701.
The new section proposed 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.
The following are the statutes, articles, or codes affected by the proposed
section: §80.3 -- Occupations Code, §§201.152, .405.
§80.3. Request for Information and Records from Licensees.
(a)
Request for chiropractic records. Upon request, a licensee
shall furnish copies of chiropractic records or a summary or narrative of
the records pursuant to a written consent for the release of the information
or records. The requested information or record shall not be released if the
licensee determines that access to the information would be harmful to the
physical, mental, or emotional health of the patient. The licensee may delete
from the requested records confidential information about another person who
has not consented to release. For purposes of this subsection, "chiropractic
records" means any records pertaining to the history, diagnosis, treatment
or prognosis of the patient including records of other health care practitioners
contained in the records of the licensee to whom a request for release of
records has been made. "Patient" means any person who consults or is seen
by a licensee for the purposes of receiving chiropractic care.
(b)
Written consent.
(1)
The written consent required by subsection (a) of this
section shall be signed by:
(A)
the patient;
(B)
the patients' personal representative if the patient is
deceased;
(C)
a parent or legal guardian if the patient is a minor;
(D)
a legal guardian if the patient has been adjudicated incompetent
to manage his or her personal affairs; or
(E)
an attorney ad litem for the patient as authorized by
law, including the Health and Safety Code, Title 7, Family Code, Chapter 11
or the Probate Code, Chapter 5.
(2)
The written consent shall contain the specific
information or chiropractic records to be released under the consent; the
reasons or purposes for the release; and the person to whom the information
is to be released.
(3)
The patient, or other person authorized to consent,
has the right to withdraw the consent to the release of any information. Withdrawal
of consent does not affect any information disclosed prior to the written
notice of the withdrawal. Any person who received information made confidential
by the Chiropractic Act may disclose the information to others only to the
extent consistent with the authorized purposes for which consent to release
information was obtained.
(c)
Reasonable time. A copy of chiropractic records or a summary
or narrative of the records requested under subsection (a) of this section
shall be furnished by the licensee within reasonable time after the date of
the request.
(d)
Denial of request. If the licensee denies the request
under subsection (a) of this section for a copy of chiropractic records or
a summary or narrative of the records, either in whole or in part, the licensee
shall furnish the patient a written statement, signed and dated, stating the
reason for the denial. Chiropractic records requested pursuant to subsection
(a) of this section may not be withheld based on a past due account for care
or treatment previously rendered to the patient.
(e)
Fee for records. The licensee may charge a reasonable
fee for furnishing the information requested under subsection (a) of this
section, which shall be paid by the patient or someone on the patient's behalf.
A licensee may require payment in advance except from another licensee or
other health care provider, including a chiropractor licensed by any other
state, territory, or insular possession of the United States or any state
or province of Canada, if requested for purposes of emergency or acute medical
care. In the event payment is not received, within ten calendar days from
notification of the charge, the licensee shall notify the requesting party
in writing of the need for payment.
(f)
Subpoena not required. A subpoena shall not be required
for the release of chiropractic records requested pursuant to subsection (a)
of this section.
(g)
Renewal of licenses. A licensee shall furnish a written
explanation of his or her answer to any question asked on the application
for license renewal, if requested by the board. This explanation shall include
all details as the board may request and shall be furnished within two weeks
of the date of the board's request.
(h)
Impaired licensees.
(1)
The board shall require a licensee to submit to a mental
and/or physical examination by the appropriate health care provider designated
by the board if the board has probable cause to believe that the licensee
is impaired. An impaired licensee is considered to be one who is unable to
practice chiropractic with reasonable skill and safety to patients by reason
of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals,
or any other type of material; or as a result of any mental or physical condition.
(2)
Probable cause may include, but is not limited to,
any one of the following listed in subparagraphs (A)-(F) of this paragraph:
(A)
sworn statements from two people, willing to testify before
the board, that a certain licensee is impaired;
(B)
evidence that a licensee left a treatment program for
alcohol or chemical dependency before completion of that program;
(C)
evidence that a licensee is guilty of intemperate use
of drugs or alcohol;
(D)
evidence of repeated arrests of a licensee for intoxication;
(E)
evidence of recurring temporary commitments to a mental
institution of a licensee; or
(F)
chiropractic records showing that licensee has an illness
or condition which results in the inability to function properly in his or
her practice.
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 16, 2000.
TRD-200001229
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: April 2, 2000
For further information, please call: (512) 305-6709