Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.2
The Texas Board of Chiropractic Examiners adopts an amendment
to §71.2(b), relating to the application for a license, without changes
to the proposed text as published in the May 25, 2001, issue of the
By separate rulemaking in this issue of the
Texas
Register
, the board is adopting to amend §75.7, to accept personal
or company checks for payment of fees. At present, except for facility licenses,
it requires a money order or a cashier's or certified check. The adopted amendment
to §75.7 permit the use of a personal or company check, money order,
cashier or certified check. To discourage checks drawn on insufficient funds,
the board is also establishing a fee for a returned check in the amount of
$25. The adopted amendment also sets out procedures and requirements for processing
an application for which a check has been returned. In conjunction with this
rulemaking, the board is adopting amendments to §§71.2(b), 73.2(a),
78.1, for consistency and conformity with the adopted amendment to §75.7.
By this rulemaking, the board is deleting provisions in subsection (b) of §71.2
that will be covered in the amended §75.7. See also the separate rulemakings
published in this issue of the
Texas Register
.
Subsection (b) is also being amended to state when the fee for the initial
license must be paid and to provide for prorated fees for the initial license,
which reflects the current practice of the board.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
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 16, 2001.
TRD-200104082
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
22 TAC §75.3
The Texas Board of Chiropractic Examiners adopts an amendment
to §75.3, relating to persons with criminal convictions, without changes
to the proposed text as published in the May 25, 2001, issue of the
The amendment makes changes in text for clarification, delete the reference
to "registered" facility and substitute "licensed" facility, to be consistent
with the term used in the Chiropractic Act, chapter 201 of the Occupations
Code, add a specific deadline for persons to respond to a notice of a conviction
sent by the board, and add a specific reference to mail fraud as one of the
offenses directly related to professions and businesses regulated by the board,
instead of this offense being considered solely in connection with insurance
billing fraud or the catch-all provision in paragraph 6 of subsection (k).
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 §53.025, which the board
interprets as requiring it to adopt guidelines relating to the disciplinary
practices of the board under Occupations Code, Chapter 53.
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 16, 2001.
TRD-200104083
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
22 TAC §75.7
The Texas Board of Chiropractic Examiners adopts an amendment
to §75.7, relating to board fees, without changes to the proposed text
as published in the May 25, 2001, issue of the
Texas
Register
(26 TexReg 3686).
The board is adopting to accept personal or company checks for payment
of fees. At present, except for facility licenses, it requires a money order
or cashier's check. The adopted amendments permit the use of a personal or
company check, money order, cashier or certified check. To discourage checks
drawn on insufficient funds, the board is also establishing a fee for a returned
check in the amount of $25. If a check is returned, the application for a
license, registration or renewal is considered incomplete with all the attendant
consequences. A licensee or registrant must immediately submit a money order
or check on guaranteed funds before the application will be deemed complete.
Any license or renewal cards already issued will be invalid pending resubmission
of the fee, and a newly issued license or renewal card may not be displayed
until the application is complete. If payment is past due as a result of a
returned check, the licensee or registrant must also pay any late fees incurred
and may not practice or operate under the license or registration until the
application is complete. A person who fails to make good on the check and
pay all required fees within 10 days will be required to remit future fees
in the form of a money order or cashier's or certified check. Other non-substantive
amendments have been made to the section for up-date and clarification. In
conjunction with this rulemaking, the board is adopting amendments to §§71.2(b),
73.2(a), 78.1, for consistency and conformity with the adopted amendments
to §75.7. See the separate rulemakings published in this issue of the
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
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 16, 2001.
TRD-200104084
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
22 TAC §75.11
The Texas Board of Chiropractic Examiners adopts an amendment
to §75.11, relating to its schedule of sanctions for violations of board
rules and orders, or law, including the Chiropractic Act, Occupations Code,
Chapter 201, without changes to the proposed text as published in the May
25, 2001, issue of the
Texas Register
(26
TexReg 3687).
The purpose of the amendment is to update the schedule of sanctions' table,
Figure: 22 TAC §75.11(b), by changing the references to the Chiropractic
Act and the Health Professions Council Act since their codification in the
Occupations Code, and by adding or revising violations listed in the schedule
as a result of other rule changes since the schedule was adopted. New listings
in the schedule relate to practicing or operating without a facility license
or an with an expired license or registration, overcharging for copies of
patient records, failing to maintain patient records, displaying an invalid
license or renewal card, and failure to report required
locum tenens
information or a criminal conviction. Other changes in
text and form have been made to correct errors in citation and for clarification
and consistency. Readers can compare the new adopted schedule with the previous
schedule, by accessing the "attached graphic", in the current §75.11,
at the secretary of state's website, for the Texas Administrative Code, at
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Chiropractic Act, 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 Act, including Subchapters E,
K, and L, which authorize the board to sanction licensees and others for violations
of the Act and its rules and orders, and specifically §201.503, which
the board interprets as requiring the board to adopt rules establishing a
schedule of sanctions for violations of the Act.
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 16, 2001.
TRD-200104085
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
22 TAC §78.1
The Texas Board of Chiropractic Examiners adopts an amendment
to §78.1, relating to registration of chiropractic radiologic technologists
(CRTs), without changes to the proposed text as published in the May 25, 2001,
issue of the
Texas Register
(26 TexReg 3688).
By separate rulemaking in this issue of the
Texas
Register
, the board is adopting to amend §75.7, to accept personal
or company checks for payment of fees. At present, except for facility licenses,
it requires a money order or a cashier's or certified check. The adopted amendments
to §75.7 permit the use of a personal or company check, money order,
cashier or certified check. To discourage checks drawn on insufficient funds,
the board is also establishing a fee for a returned check in the amount of
$25. The adopted amendments also set out procedures and requirements for processing
an application for which a check has been returned. In conjunction with this
rulemaking, the board is adopting amendments to §§78.1, 71.2(b),
and 73.2(a), for consistency and conformity with the adopted amendment to §75.7.
By this rulemaking, the board is deleting provisions in subsections (c) and
(d) of §78.1 that will be covered in the amended §75.7. See also
the separate rulemakings published in this issue of the
Texas Register
.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
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 16, 2001.
TRD-200104086
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
22 TAC §79.3
The Texas Board of Chiropractic Examiners adopts to repeal §79.3
relating to criminal convictions, without changes to the proposed rule as
published in the May 25, 2001, issue of the
Texas
Register
(26 TexReg 3689).
The subject matter of §79.3 has been transferred to a §75.3.
Accordingly, §79.3 is no longer needed.
No comments were received regarding adoption of the repeal.
The repeal is adopted 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.
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 16, 2001.
TRD-200104087
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 5, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6709
Chapter 593.
LICENSES
Chapter 75.
RULES OF PRACTICE
Chapter 78.
CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS
Chapter 79.
PROVISIONAL LICENSURE
Part 25.
STRUCTURAL PEST CONTROL BOARD