Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.2
The Texas Board of Chiropractic Examiners proposes an amendment
to §71.2(b), relating to the application for a license. By separate rulemaking
in this issue of the
Texas Register
, the board
is proposing 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 proposed 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 proposed
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 proposing amendments to §§71.2(b), 73.2(a), 78.1, for
consistency and conformity with the proposed 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
Dr. Sergio François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing and administering the section, as amended, along
with the changes being proposed in the other related rulemaking, will be more
timely compliance with the board license and renewal requirements and collection
of required fees. Submission of applications will be simplified and expedited
if applicants, licensees and registrants no longer have to acquire money orders
or certified checks before sending in their applications. There are no probable
economic costs to persons required to comply with the section, as amended.
There is no anticipated adverse economic effect on small or micro-businesses.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Jessica Harwell, Rules
Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III,
Suite 825, Austin, TX 78701.
The amendment 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
The following are the statutes, articles, or codes affected by the amendment:
Chapter 71 -- Occupations Code, §201.152, §201.153
§71.2.Application for License.
(a)
All individuals who wish to practice chiropractic in this
state, and who are not otherwise licensed under law, must successfully pass
an examination given by or at the direction of the board.
(b)
An applicant for licensure through
[
(c)
Applications for examination must be legibly printed in
ink or typewritten on the board form, which will be furnished by the board
upon request.
(d)
The completed application, required supporting materials,
and fees must be received by the board in verified form not later than 30
days before the first day of the examination. Under extenuating circumstances,
the board, at its discretion, may accept material supporting the application
later than 30 days before the examination.
(e)
The filing of an application and tendering of the fees
to the board shall not in any way obligate the board to admit the applicant
to examination until such applicant has been approved by the board as meeting
the statutory requirements for admission to the examination for licensure.
(f)
Any person furnishing false information on such application
shall be denied the right to take the examination, or if the applicant has
been licensed before it is made known to the board of the falseness of such
information, such license shall be subject to suspension, revocation or cancellation
in accordance with the Chiropractic Act, §14a.
(g)
No application fee for examination will be returned to
any applicant after the application has been approved by the board, because
of the decision of the applicant not to take the examination for any reason.
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 May 14, 2001.
TRD-200102659
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
22 TAC §75.3
The Texas Board of Chiropractic Examiners proposes an amendment
to §75.3, relating to persons with criminal convictions. 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).
Dr. Serge P. François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the proposed amendment is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing the section as amended will be better notice to licensees
and the public of board procedures and requirements relating to the licensure
and registration of persons with criminal backgrounds. There is no anticipated
economic effect on small or micro businesses or economic cost to persons who
are required to comply with the proposed section. The section's requirements
on these persons reflect current state law requirements; the section does
not impose any additional requirements or costs.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Jessica Harwell, Rules
Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III,
Suite 825, Austin, Texas 78701.
The amendment 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 §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.
The following are the statutes, articles, or codes affected by the amendment: §75.3
-- Occupations Code, §§201.152, 53.025
§75.3.Individuals With Criminal Convictions.
(a)
This section establishes guidelines and criteria on the
eligibility of persons with criminal backgrounds, including each person who
owns a 10% or more interest in a chiropractic facility, to obtain licenses
or registrations as chiropractors
,
[
(b)
The board may suspend or revoke a current license or registration,
disqualify a person from receiving a license or registration, or deny to a
person the opportunity to be examined for a license because of
a
[
(c)
The board shall revoke a license or registration on the
license or registration holder's imprisonment following a felony conviction[
(d)
In considering whether a criminal conviction directly relates
to the occupation of chiropractic, chiropractic radiology, or facility operation,
the board shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for requiring
a license or registration to engage in chiropractic, chiropractic radiology,
or facility operation;
(3)
the extent to which a license or registration might afford
an opportunity to repeat the criminal activity in which the person had been
involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a licensed chiropractor, registered CRT, or
licensed
[
(e)
In reaching a decision required by this section, the board
shall also determine the person's fitness to perform the duties and discharge
the responsibilities of a licensed chiropractor, registered CRT, or
licensed
[
(1)
the extent and nature of the person's past criminal activity;
(2)
the age of the person at the time of the commission of
the crime;
(3)
the amount of time that has elapsed since the person's
last criminal activity;
(4)
the conduct and work activity of the person prior to and
following the criminal activity;
(5)
evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6)
other evidence of the person's present fitness, including
letters of recommendation from:
(A)
prosecution, law enforcement, and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
(B)
the sheriff and chief of police in the community where
the person resides; and
(C)
any other persons in contact with the convicted person.
(f)
An applicant for a license
, including an owner with
a 10% or more interest in a chiropractic facility,
or registration from
the board [
(g)
Upon notification of a conviction, the board shall provide
a copy of this section to the person and request that the person respond [
(h)
A person with a [
(1)
to the extent possible, secure and provide to the board
the recommendations of the prosecution, law enforcement, and correctional
authorities specified in subsection (e)(6) of this section;
(2)
cooperate with the board by providing the information required
by subsection (e) of this section, including proof, in the form indicated
in subparagraphs (A)-(D) of this paragraph, that he or she has:
(A)
maintained a record of steady employment, as evidenced
by salary stubs, income tax records or other employment records for the time
since the conviction and/or release from imprisonment;
(B)
supported his or her dependents, as evidenced by salary
stubs, income tax records or other employment records for the time since the
conviction and/or release from imprisonment, and a letter from the spouse
or other parent;
(C)
maintained a record of good conduct as evidenced by letters
of recommendation, absence of other criminal activity or documentation of
community service since conviction; and
(D)
paid all outstanding court costs, supervision fees, fines,
and restitution as may have been ordered in all criminal cases in which he
or she has been convicted, as evidenced by certified copies of a court release
or other documentation from the court system that all monies have been paid.
(i)
Determinations under this section will be considered enforcement
matters and made in accordance with this chapter, except that the executive
director will review the application for licensure or registration of a person
with a criminal conviction and refer it to the Licensure/Educational Standards
Committee (LESC), upon receipt of all information required by this section.
The LESC shall determine whether the applicant may sit for examination or
be granted a certificate of registration
or license
. Upon a recommendation
to deny an application by the LESC, the matter will be referred to the Executive
Director for informal settlement or, if necessary, a hearing as provided by §75.9(d)
of this title (relating to Complaint and Disciplinary Procedures).
(j)
The board shall notify the affected person in its order
that denies, suspends, or revokes a license or registration under this section,
or otherwise in writing, after hearing, of:
(1)
the reason for the suspension, revocation, denial, or disqualification;
(2)
the review procedure provided by Occupations Code, §53.052;
and
(3)
the earliest date the person may appeal the action of the
licensing authority.
(k)
The Chiropractic Act, Occupations Code §201.302, requires
that an applicant for licensure be of good moral character. Section 201.502
further authorizes the board to revoke or impose other sanctions for violations
of certain specified conduct, including deception and fraud in the practice
of chiropractic, conviction of a felony or a misdemeanor of moral turpitude,
grossly unprofessional conduct, habitual conduct that is harmful to patients,
and lack of diligence in the chiropractic profession. Chiropractors and the
healthcare profession generally are held to high standards of professional
conduct. To protect the public and patients, the board has a duty to ensure
that licensees and registrants are persons who possess integrity, honesty
and a high standard of conduct as well the skill, education, and training
to perform their duties and responsibilities. The crimes listed in paragraphs
(1)-(6) of this subsection relate to the
licenses and registration
[
(1)
practicing chiropractic without a license and other violations
of the Chiropractic Act;
(2)
deceptive business practices;
(3)
medicare or medicaid fraud;
(4)
a misdemeanor or felony offense involving:
(A)
murder;
(B)
assault;
(C)
burglary;
(D)
robbery;
(E)
theft;
(F)
sexual assault;
(G)
injury to a child;
(H)
injury to an elderly person;
(I)
child abuse or neglect;
(J)
tampering with a governmental record;
(K)
forgery;
(L)
perjury;
(M)
failure to report abuse;
(N)
bribery;
(O)
harassment;
(P)
insurance claim fraud
, including
under the Penal
Code §32.55; [
(Q)
solicitation under the Penal Code §38.12(d) or Occupations
Code, Chapter 102;
or
(R)
mail fraud;
(5)
delivery, possession, manufacture, or use of or the dispensing
or prescribing a controlled substance, dangerous drug, or narcotic; or
(6)
other misdemeanors or felonies, including violations of
the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or
tendency for the person to be unable to perform as a licensee or registrant
or to be unfit for licensure or registration if action by the board will promote
the intent of the Chiropractic Act, board rules including this chapter, and
Occupations Code, Chapter 53.
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 May 14, 2001.
TRD-200102660
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
22 TAC §75.7
The Texas Board of Chiropractic Examiners proposes an amendment
to §75.7, relating to board fees. The board is proposing 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 proposed 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 update and clarification. In conjunction with this rulemaking, the board
is proposing amendments to §§71.2(b), 73.2(a), 78.1, for consistency
and conformity with the proposed amendments to §75.7.
See
the separate rulemakings published in this issue of the
Texas Register
.
Dr. Sergio François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended. The proposed returned check
fee will offset any additional administrative costs as a result of bad checks.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing and administering the section, as amended, along
with the changes being proposed in the other related rulemaking, will be more
timely compliance with the board license and renewal requirements and collection
of required fees. Submission of applications will be simplified and expedited
if applicants, licensees and registrants no longer have to acquire money orders
or certified checks before sending in their applications. There are no probable
economic costs to persons required to comply with the rule, as amended, except
the fee for returned checks. That cost can be avoided by paying with checks
with sufficient funds. There is no anticipated adverse economic effect on
small or micro-businesses.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Jessica Harwell, Rules
Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III,
Suite 825, Austin, Texas 78701.
The amendment 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
The following are the statutes, articles, or codes affected by the amendment: §75.7
-- Occupations Code, §§201.152, .153
§75.7.Fees and Charges for Public Information.
(a)
Current fees required by the board are listed in the following
fee schedule table:
Figure: 22 TAC §75.7(a)
(b)
The board is required to increase its fees for annual renewal,
a provisional license, an examination, and re-examination by $200 pursuant
to
the Occupations Code §201.153(b)
[
(c)
Any remittance submitted to the board
in payment of a required fee must be in the form of a personal or company
check, cashier's or certified check for guaranteed funds, or money order,
made out to the "Texas Board of Chiropractic Examiners." Checks from foreign
financial institutions are not acceptable. Persons who have submitted a check
which has been returned, and who have not made good on that check and paid
the returned check fee provided in subsection (a) of this section, within
10 days from notice from the board of the returned check, for whatever reason,
shall submit all future fees in the form of a cashier's or certified check
or money order.
(d)
An applicant for an initial license or
registration, whose check for the application processing, examination or initial
licensing fee is returned due to insufficient funds, account closed, or payment
stopped, shall be allowed to reinstate the application by remitting a money
order or cashier's or certified check for guaranteed funds, for the amount
of the fee and the returned check fee, immediately upon receipt of the board's
notice that the check was returned. Upon receipt of a returned check, the
application is considered incomplete until all fees have been received and
cleared through the appropriate financial institution. If the license has
already been issued, it shall be invalid and may not be displayed until the
application is complete.
(e)
A licensee or registrant whose check for
the renewal fee is returned due to insufficient funds, account closed, or
payment stopped shall remit a money order or cashier's or certified check
for guaranteed funds, for the amount of the fee and the returned check fee,
immediately upon receipt of the board's notice that the check was returned.
If the guaranteed funds are received after the expiration of the renewal deadline,
a licensee or registrant must also include a late renewal fee as required
by §73.2(d) of this title (relating to Expired Licenses), §74.3(c)
of this title (relating to Annual Renewal (Facilities)), or §78.1(e)
of this title (relating to Expired Registration (CRT)). Upon receipt of a
returned check, the application will be considered incomplete until all fees
have been received and cleared through the appropriate financial institution.
If the renewal license or registration has already been issued, it shall be
invalid and may not be displayed until the application is complete.
(f)
[
(1)
List of New Licensees;
(2)
Lists of Licensees;
(3)
Licensee Labels;
(4)
Demographic Profile;
(5)
Facilities List;
(6)
Facilities Labels.
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 May 14, 2001.
TRD-200102661
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
22 TAC §75.11
The Texas Board of Chiropractic Examiners proposes 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. 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 proposed schedule with the current
schedule, by accessing the "attached graphic", in the current §75.11,
at the secretary of state's website, for the Texas Administrative Code, at
(Click on TAC Viewer, Title 22 Examining Boards, TBCE, Chapter 75, §75.11).
Dr. Serge P. François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the proposed amendment is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing the section as amended will be better notice to licensees
and the public of the possible maximum sanctions for violations of the Chiropractic
Act, other law, and board rules. There is no anticipated economic effect on
small or micro businesses or economic cost to persons who are required to
comply with the proposed section.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Jessica Harwell, Rules
Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III,
Suite 825, Austin, Texas 78701.
The amendment is proposed 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.
The following are the statutes, articles, or codes affected by the proposed
rule: §75.11 -- Occupations Code §§201.152, .503, and Subchapters
E, K, L
§75.11.Schedule of Sanctions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise:
(1)
AP--Administrative Procedure Act, Government Code, Chapter
2001.
(2)
Board--Texas Board of Chiropractic Examiners;
(3)
Chiropractic Act or CA--Occupations Code, Chapter 201 (formerly
Texas Civil Statutes, Article 4512b);
(4)
HPCA--Health Professions Council Act, Occupations Code,
Chapter 101;
(5)
HRC
[
[(6)
H&S--Health and Safety Code;]
(6)
[
(7)
[
(8)
Occ. Code--Occupations Code;
(9)
Respondent--an individual or facility regulated by the
board against whom a complaint has been filed;
(10)
SOAH--State Office of Administrative Hearings;
(11)
TDH--Texas Department of Health.
(b)
The following table contains maximum sanctions that may
be assessed for each category of violation listed in the table:
Figure: 22 TAC §75.11(b)
(c)
In a case where
a respondent
[
(d)
An administrative penalty may not exceed $1,000 per day
for each violation. Each day a violation continues or occurs is a separate
violation for the purposes of imposing an administrative penalty.
(e)
For violation of a statute which is not listed in the maximum
sanction table and for which the board is authorized to take disciplinary
action, the maximum sanction is revocation and/or $1000 administrative penalty.
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 May 14, 2001.
TRD-200102662
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
22 TAC §78.1
The Texas Board of Chiropractic Examiners proposes an amendment
to §78.1, relating to registration of chiropractic radiologic technologists
(CRTs). By separate rulemaking in this issue of the
Texas Register
, the board is proposing 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
proposed 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 proposed 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 proposing amendments
to §§78.1, 71.2(b), and 73.2(a), for consistency and conformity
with the proposed 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
.
Dr. Sergio François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing and administering the section, as amended, along
with the changes being proposed in the other related rulemaking, will be more
timely compliance with the board license and renewal requirements and collection
of required fees. Submission of applications will be simplified and expedited
if applicants, licensees and registrants no longer have to acquire money orders
or certified checks before sending in their applications. There are no probable
economic costs to persons required to comply with the section, as amended.
There is no anticipated adverse economic effect on small or micro-businesses.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Jessica Harwell, Rules
Committee, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III,
Suite 825, Austin, TX 78701.
The amendment 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 act, and §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs.
The following are the statutes, articles, or codes affected by the amendment: §78.1
-- Occupations Code, §§201.152, .153
§78.1.Registration of Chiropractic Radiologic Technologists.
(a)
Registration required. Any person performing radiologic
procedures in a chiropractic facility must register with the board, on a form
prescribed by the board. This section does not apply to registered nurses
or to persons certified under the Medical Radiologic Technologist Certification
Act.
(b)
Eligibility. An applicant for registration must either:
(1)
submit proof of the applicant's registry with the Texas
Department of Health (TDH) and completion of training and instruction as required
by 25 TAC §143.17 (concerning mandatory training programs for non-certified
technicians); or
(2)
perform radiologic procedures for a licensee to whom a
hardship exemption was granted by the TDH within the previous 12 months under
25 TAC §143.19 (concerning hardship exemptions).
(c)
Application submission. An applicant shall submit an application
for registration, proof of status as provided in subsection (b) of this section,
along with the radiologic technologist application fee as provided in §75.7
of this title (relating to Fees
and Charges for Public Information
)
[
(d)
Renewal. On or before January 1 of each year, a CRT shall
renew his or her registration, by submitting:
(1)
a registration application;
(2)
the radiologic technologist application fee as provided
in §75.7 of this title (relating to Fees
and Charges for Public
Information)
[
(3)
proof of renewal status as provided in subsection (b) of
this section; and
(4)
proof of completion of continuing education or enrollment
in mandatory training and instruction as provided by subsection (i) of this
section.
(e)
Expired registration.
(1)
A CRT registration expires on January 1 of each year if
it is not timely renewed.
(2)
If a CRT's registration has expired, a person may renew
his or her registration by submitting to the board all of the items required
by subsection (d) of this section and a late fee of $25.
(3)
A person who fails to renew his or her registration on
or before the expiration date may also be subject to an administrative penalty
and other disciplinary sanctions as provided in subsection (h) of this section.
(f)
Incomplete applications. 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.
(g)
TDH authorization. A person may not perform radiologic
procedures if that person is removed from the TDH registry or the hardship
exemption under which the person is working is expired or revoked even if
the person holds a valid CRT registration with the board. A CRT must provide
to the board a copy of a hardship exemption granted by the TDH within five
days of its issuance if the exemption is granted prior to the registration
renewal deadline.
(h)
Disciplinary sanctions. The board may refuse to issue or
renew, suspend, or revoke a CRT registration and/or impose an administrative
penalty for the following:
(1)
violation of the rules or an order of the board;
(2)
violation of the Medical Radiologic Technologist Certification
Act;
(3)
violation of the rules or an order of the TDH;
(4)
violation of the Texas Chiropractic Act; or
(5)
nonpayment of registration fees.
(i)
Continuing education. A CRT shall complete six clock hours
of continuing education each year in order to renew his or her registration.
The continuing education required by this subsection shall meet the requirements
of the rules of the TDH relating to continuing education for medical radiologic
technologists. No continuing education will be required for any year in which
a CRT is enrolled for the mandatory training and instruction program required
by 25 TAC §143.17 (concerning mandatory training programs for non-certified
technicians).
(j)
TDH compliance. All registrants shall comply with the rules
of the TDH for the control of radiation.
(k)
Supervision required. A CRT shall perform radiological
procedures only under the supervision of a licensee physically present on
the premises.
(l)
Cineradiography. Procedures that include cineradiography
are limited to use by a licensee who has passed a course in its use, approved
by the board.
(m)
Non-static procedures. Any non-static procedure has the
potential to be more dangerous and hazardous and by definition may only be
performed by a licensee or a certified medical radiologic technologist.
(n)
Licensee responsibility. A licensee shall not authorize
or permit a person:
(1)
who is not registered under this section to perform radiologic
procedures on a patient unless otherwise authorized under the Medical Radiologic
Technologist Act or 25 TAC, Chapter 143 (concerning medical radiologic technologists);
or
(2)
to perform radiologic procedures on a patient if that person
has been removed from the registry of the TDH or the licensee's hardship exemption
has been revoked or has expired.
(o)
Licensee compliance. A licensee shall comply with the Medical
Radiological Technologist Certification Act and all applicable rules of the
TDH.
(p)
Laws governing disciplinary action. Disciplinary action
against a CRT, including the imposition of administrative penalties, is governed
by the Administrative Procedures Act, Government Code, Chapter 2001, and applicable
enforcement provisions of the Texas Chiropractic Act, Occupations Code, Chapter
201, including Subchapters K through M.
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 May 14, 2001.
TRD-200102663
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
22 TAC §79.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Chiropractic Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Chiropractic Examiners proposes
to repeal §79.3 relating to criminal convictions. The subject matter
of §79.3 has been transferred to a §75.3. Accordingly, §79.3
is no longer needed.
Dr. Serge P. François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the section is repealed, there will be
no fiscal implications for state or local government as a result of the repeal.
Dr. François also has determined that for each year of the first
five years, the section as amended is in effect, the public benefit anticipated
as a result of the repeal is clearer rules, with the duplicate provision being
repealed. There are no probable economic costs to persons required to comply
with the section, as amended. There is no anticipated adverse economic effect
on small or micro-businesses.
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 repeal 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.
The following are the statutes, articles, or codes affected by the repeal:
Chapter 79 -- Occupations Code, §201.152
§79.3.Criminal Convictions.
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 May 14, 2001.
TRD-200102664
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6709
Chapter 321.
DEFINITIONS
22 TAC §321.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §321.1, concerning Definitions. The amendment is intended
to clarify the meaning of the word "asymptomatic."
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also 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
the rule will be a clearer understanding of terms. There will be no effect
on small business, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§321.1.Definitions.
The following words, terms, and phrases, when used in the rules of
the Texas Board of Physical Therapy Examiners, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) - (2)
(No change.)
(3)
Asymptomatic--
Without obvious signs or symptoms of
disease
[
(4) - (14)
(No change.)
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 May 8, 2001.
TRD-200102597
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
22 TAC §322.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §322.1, concerning Provision of Services. The amendment
will allow physical therapists to accept referrals for treatment from physicians
and other authorized healthcare practitioners who are licensed only in a country
outside the United States.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also 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
the rule will be easier access to healthcare, as those who have referrals
from physicians outside of the U.S. will be able to seek physical therapy
treatment in the state. There will be no effect on small business, and no
economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§322.1.Provision of Services.
(a)
Initiation of physical therapy services
(1)
Referral requirement. A physical therapist is subject to
discipline from the board for providing physical therapy treatment without
a referral from a qualified healthcare practitioner licensed by the appropriate
[
(2) - (3)
(No change.)
(b) - (e)
(No change.)
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 May 8, 2001.
TRD-200102598
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
22 TAC §325.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §325.1, concerning Elections. The amendment eliminates confusion
by changing the text of the rule to match the wording of the law more closely.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also 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
the rule will be increased administrative efficiency. There will be no effect
on small business, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§325.1.Elections.
Elections of officers shall be held
at
the first board meeting
after new members are appointed
[
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 May 8, 2001.
TRD-200102599
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
22 TAC §329.2
The Texas Board of Physical Therapy Examiners proposes an
amendment to §329.2, concerning License by Examination. The amendment
changes the procedure for notifying the board about additional education,
which has to be complete before an applicant can take the exam for the third
or subsequent time. Also allows a PTA to be a tutor under certain circumstances,
and adds exam review courses as an option.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also 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
the rule will be increased administrative efficiency, and faster processing
of reexamination candidates. There will be no effect on small business, and
no economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§329.2.License by Examination.
(a) - (e)
(No change.)
(f)
Re-examination.
(1)
First re-examination. An applicant who fails the exam the
first time is eligible to take the examination a second time after submitting
a re-exam application and fee.
(2)
Second or subsequent re-examination. An applicant who fails
the exam twice or more must complete additional education before taking the
exam again.
The amount of additional education is set forth in the attached
chart. To be eligible to register for the exam again, the applicant must submit
a letter that identifies the area(s) of weakness and describes the plan that
addresses the weakness(s). The letter must be accompanied by proof that the
additional education has been successfully completed. Additional education
may be one or more of the following:
[
(A)
A commercial review course.
Individual tutorials.
A tutor must be a physical therapist licensed in Texas. The tutor and the
applicant must develop an outline of study to meet the required number of
tutorial hours and submit it to the board office. The board will notify the
applicant and the tutor when the outline has been approved. When the applicant
has successfully completed the tutorial, the tutor must send the board a
notarized statement to that effect.
(B)
An individual tutorial. The completed tutorial must
be signed by the tutor and notarized, and include the tutor's curriculum vitae.
If the applicant is applying for a PT license, the tutor must be a licensed
PT. If the applicant is applying for a PTA license, the tutor must be a licensed
PT, or a licensed PTA who is associated with a Texas PTA program.
[
Figure: 22 TAC §329.2 (f)(2)(B)(No change.)
(C)
Board-approved continuing education
(g) - (h)
(No change.)
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 May 8, 2001.
TRD-200102600
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
22 TAC §329.5
The Texas Board of Physical Therapy Examiners proposes amendments
to §329.5, concerning Licensing procedures for Foreign-trained Applicants.
The amendments will allow an exception to the English language proficiency
exam requirement for foreign-trained applicants who are citizens or lawful
permanent residents of the United States, and who can prove to the Board's
satisfaction that they attended no less than four years of secondary or post-secondary
schooling in the United States. The amendments will also allow the board to
distinguish between foreign-trained applicants for licensure by exam and by
endorsement, so that applicants by endorsement have to prove that they were
licensed to practice in the country of education when they received their
first U.S. license, and not that they are currently licensed in the country
of education. Further, the amendments will remove incorrect references to
other rules and procedures, which have been updated, renumbered, or changed;
and clarify that applicants must have received a passing grade on coursework
required for licensure.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also 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
the rule will be less delay in the licensure of qualified foreign-trained
physical therapists, and increased administrative efficiency. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendment is proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amendment.
§329.5.Licensing Procedures for Foreign-trained Applicants.
(a)
The provisions of §329.1 of this title (relating to
General Licensing Procedure) apply to foreign-trained applicants [
(b) - (d)
(No change.)
(e)
After arrival in the United States, the applicant must
submit a United States residential address and pay all remaining fees. The
residential address must be received before
a temporary license may
be issued
[
(f) - (g)
(No change.)
(h)
Guidelines for board-approved education credentialing entities.
(1)
The credentialing entity will review all of an applicant's
post-secondary professional education credentials earned outside of the United
States. The entity will evaluate allowable transfer credit for the 13th year
based on recommendations of the National Council on the Evaluation of Educational
Credentials or on current published reference materials. The applicant must
have completed
, with a passing grade of A, B, C, Pass or Credit,
60 semester hours credit or the equivalent in general education courses including
courses in biological, social and physical sciences from an accredited institution
of higher learning. This requirement may be met by credits earned at U.S.
colleges or universities, by College Level Examination Program (CLEP) credits,
or Advanced Placement (AP) according to standards of the American Council
on Education. The number of credits earned by CLEP or AP may not exceed 12
semester credits.
(2)
The credentialing entity must attest that the institution
attended by the applicant has the recognition of the Ministry of Education
or the equivalent in that country.
(3)
All foreign-trained applicants must demonstrate the ability
to communicate in English by making the minimum score accepted by the board
on the following exams: Test of English as a Foreign Language (TOEFL), 580
(237 if computer-based test); Test of Written English (TWE), 5.0; Test of
Spoken English (TSE), 55. If an applicant makes a score of 50 on the TSE,
the board will allow the applicant to submit three original, notarized letters
of recommendation from individuals who have practical knowledge of the applicant's
ability to communicate successfully in spoken English. Individuals who provide
this written testimony must be native English speakers, cannot be related
by blood or marriage to the applicant, and at least one of the letters must
be from a PT licensed to practice in Texas. These letters must be submitted
by their authors directly to the board. At the board's discretion, the letters
may be considered satisfactory evidence of proficiency in spoken English.
The Board may grant an exception to the English language proficiency exams
to an applicant who submits satisfactory proof that he/she is a citizen or
lawful permanent resident of the United States, and has attended 4 or more
years of secondary or post-secondary education in the U.S.
(4)
[
(A)
If the application is by examination,
the license or authorization in such country must be in good standing and
the licensure current.
(B)
If the application is by endorsement,
and the applicant has passed the exam according to Texas standards, the license
or other authorization must have been in good standing at the time the license
or authorization in such country expired.
(5) - (12)
(No change.)
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 May 8, 2001.
TRD-200102601
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
22 TAC §341.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §341.1, concerning Requirements for Renewal. The amendment
establishes that licensees who are more than 90 days late in renewing a license
are not included in the continuing education audit, and must submit documentation
of continuing education at time of renewal.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no effect on state or
local government.
Mr. Maline also 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
the rule will be increased assurance that PTs and PTAs are meeting the continuing
education requirements. There will be no effect on small business, and no
economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amended section.
§341.1.Requirements for Renewal.
(a)
Biennial renewal. Licensees are required to renew their
licenses every two years by the end of the month in which they were originally
licensed. A licensee may not provide physical therapy services without a current
license or renewal certificate in hand. If a license expires after all required
items are submitted, but before the licensee receives the renewal certificate,
the licensee may not provide physical therapy services.
(b)
General requirements. The renewal application is not complete
until all required items are received by the board. The components required
for license renewal are:
(1)
a signed renewal application form, documenting completion
of board-approved continuing education (CE), as described in §341.2 of
this title, concerning Continuing Education;
(2)
the renewal fee, and any late fees which may be due; and
(3)
a passing score on the jurisprudence examination.
(c)
Notification of license expiration. The board will mail
an application to each licensee at least 30 days prior to the license expiration
date. The licensee bears the responsibility for ensuring that the license
is renewed. Licensees should contact the board if they do not receive a renewal
application 30 days prior to the expiration date.
(d)
Late renewal. A renewal application is late if all required
items are not postmarked prior to the expiration date of the license. Licensees
who do not submit all required items prior to the expiration date are subject
to late fees as described.
(1)
If the license has been expired for 90 days or less, the
late fee is one-half of the examination fee for the license.
(2)
If the license has been expired for more than 90 days but
less than one year, the late fee is equal to the examination fee for the license.
Licensees who are more than 90 days late in renewing a license are not included
in the audit, and must submit documentation of continuing education at time
of renewal.
(3)
If the license has been expired for one year or longer,
the person may not renew the license. To obtain a new license, the applicant
must take and pass the national examination again and comply with the requirements
and procedures for obtaining an original license set by §329.1 of this
title (relating to General Licensure Procedure).
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 May 9, 2001.
TRD-200102610
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 305-6900
Individuals
who seek to take such
] examination shall submit to the board a written
application, on a form provided by the board
.
[
,
]
The information contained in the application shall be verified by affidavit
of the applicant. Along with the application, an applicant shall also submit
a
[
accompanied by a
] nonrefundable fee for verification of
educational courses/grades for college and an examination fee,
as
[
in amounts
] provided by §75.7 of this title (relating to
Fees
and Charges for Public Information
).
At the examination,
an applicant shall submit the fee for a new license as provided in §75.7
of this title. The amount of the fee shall be prorated from the month of the
examination to the birth month of the applicant.
[
The information
contained in the application shall be verified by affidavit of the applicant.
Payment of fees shall be in the form of a bank-certified check, cashier's
check, or money order payable to the order of the board.
]
Chapter 75.
RULES OF PRACTICE
or
] chiropractic
radiologic technologists (CRTs) or
chiropractic facilities
[
facility registrations
].
an
] person's conviction of a felony or misdemeanor that directly
relates to the duties and responsibilities of a licensed chiropractor, registered
CRT, or
licensed
[
registered
] facility. This subsection
applies to persons who are not imprisoned at the time the board considers
the conviction.
,
]
or revocation of
felony community supervision, [
revocation, revocation of
] parole, or [
revocation of
] mandatory
supervision. A person in prison is not eligible for a license or registration.
registered
] facility.
registered
] facility. In making this determination,
the board shall consider the following factors listed in paragraphs (1)-(6)
of this subsection:
or a current licensee or registrant
] shall disclose
in writing
to the board any conviction against him or her at the time
of application
. A
[
or, if a
] current licensee
,
including an owner with a 10% or more interest in a chiropractic facility,
or registrant,
shall disclose in writing to the board any conviction
against him or her
at the time of renewal or no later than 30 days after
judgment in the trial court, whichever date is earlier.
, in writing,
] to the board as to why the board should not deny the
application or take disciplinary action against the person, if already licensed
or registered.
felony
] conviction shall provide
the
[
a
] response in writing to the board
within 15 days
after receipt of the notice of a conviction
and may submit any information
that he or she believes is relevant to the determinations required by this
section. If the person fails to respond, the matter will be referred to the
Enforcement Committee or the Licensure/Educational Standards Committee as
provided in subsection (i) of this section. The person shall also:
license and registrations
] issued by the board. These crimes generally
indicate an inability or a tendency for the person to be unable to perform
or to be unfit for licensure or registration because violation of such crimes
indicates a lack of integrity and respect for one's fellow human being and
the community at large. The direct relationship to a board issued license
or registration is obvious when the crime occurs in connection with the practice
of chiropractic.
or
]
Texas Civil Statutes,
Article 4512b §11B
]. That increase is reflected in subsection (a)
of this section under the column entitled
"153(b) FEE"
. [
"§11B FEE."
] The total amount of each of these fees must be paid
before the board will process an application subject to such fee.
(c)
] Copies of public information,
not excepted from disclosure by the Texas Open Records Act, Chapter 552, Government
Code, including the information listed in paragraphs (1)-(6) of this subsection
may be obtained upon written request to the board, at the rates established
by the General Services Commission for copies of public information, 1 TAC §§111.61-111.70
(
relating to
Copies of Public Information).
HRS
]--Human Resources Code;
(7)
] Licensee--A person who is licensed
by the board to practice chiropractic in the State of Texas;
(8)
] MRTCA--Medical Radiologic Technologist
Certification Act, Occupations Code, Chapter 601; [
and
]
the licensee
] has committed multiple violations or multiple occurrences of the same
violation, board staff, the enforcement committee or an administrative law
judge may recommend and the board may impose sanctions in excess of a maximum
sanction specified in the maximum sanction table provided by subsection (b)
of this section, if otherwise authorized by law. For the fourth and subsequent
offenses of any violation listed in the maximum sanction table with three
levels of sanctions, the maximum sanction is revocation and/or $1000 administrative
penalty.
Chapter 78.
CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS
, payable to the Texas Board of Chiropractic Examiners by cashier's
check or money order
].
, payable to the Texas Board of Chiropractic Examiners
by cashier's check or money order
];
Chapter 79.
PROVISIONAL LICENSURE
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Without any significant perceptible change in the body
or its functions that indicates disease
].
Chapter 322.
PRACTICE
state
] licensing board [
in any of the United States or its
territories, or the District of Columbia
], who within the scope of the
professional licensure is authorized to prescribe treatment of individuals.
The list of qualifying referral sources includes physicians, dentists, chiropractors,
podiatrists, physician assistants, and advanced nurse practitioners.
Chapter 325.
ORGANIZATION OF THE BOARD
in odd numbered calendar years
]. Officers will assume duties
at the next board meeting
[
60 days after elected
]. Vacancies of offices shall be filled by
election at the next board meeting.
Chapter 329.
LICENSING PROCEDURE
All additional education must
be approved by the board before the applicant undertakes it. Additional education
may be board-approved continuing education programs or individual tutorials.
]
Board-approved continuing education. The amount of additional education required
is set forth in the following chart.
]
with
the exception of §329.1(a)(1)(A)-(C)
].
the second deadline set for the examination
].
Licensing procedures for foreign-trained applicants.
]The credentialing entity must attest that the applicant is
or
was
licensed
or
[
/registered/
] authorized to practice
in the country in which the
entry-level degree in physical therapy was
granted. If there is no licensure or authorization in such country, the applicant
must be eligible for unrestricted practice there.
[
education and
training were accomplished if the country has a licensure/registration/authorization
system in place. Otherwise, the applicant must be eligible for unrestricted
practice in that country.
]
Chapter 341.
LICENSE RENEWAL