Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.9
The Texas Board of Chiropractic Examiners adopts new §71.9,
relating to applicants who fail to appear at a scheduled examination, without
changes to the proposed text as published in the October 12, 2001, issue of
the
Texas Register
(26 TexReg 7972) and will
not be republished.
The new section will allow an applicant who gives prior notice of the inability
to take an examination or who provides the board with an acceptable excuse
to re-take the examination without repaying another examination fee. Currently,
an applicant is required to submit a non-refundable examination fee for the
jurisprudence examination. If the applicant does not take the examination
regardless of the reason, it has been the practice of the board to apply the
fee to a subsequent application for examination. Under the new §71.9,
if an applicant simply fails to appear and has no acceptable excuse, the applicant
will be required to submit another examination fee for taking the examination.
In fiscal year 2001, there was an average of three applicants per exam who
failed to appear for the scheduled exam, giving no advance notice to the board.
Some applicants failed to appear on more than one occasion. The board hopes
that the rule will significantly reduce the number of no shows at the jurisprudence
examinations, by providing an incentive to show up or to give the board notice
of non-appearance prior to the exam in order to avoid paying multiple examination
fees.
No comments were received regarding adoption of the rule.
The new section 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, and specifically, for the examination of an
applicant for a license to practice chiropractic.
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 January 14, 2002.
TRD-200200156
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2002
Proposal publication date: October 12, 2001
For further information, please call: (512) 305-6709
22 TAC §73.2
The Texas Board of Chiropractic Examiners adopts an amendment
to §73.2, relating to renewal of a chiropractic license, without changes
to the proposed text as published in the November 2, 2001, issue of the
S.B. 171, as enacted by the 77th Legislature, and effective September 1,
2001, allows a person whose chiropractic license has been expired for more
than one year but not more than three years to renew without reexamination
and compliance with the requirements and procedures for an original license
if the board determines that good cause exists for the nonrenewal. The board,
by rule, is required to establish criteria to use in making this determination.
The adoption amends §73.2(d) by adding new paragraphs (6) and (7), which
set out the requirements for renewal in this situation and the criteria that
the board will use in considering applications. Good cause is defined basically
as extenuating circumstances beyond the control of the applicant. Example
are provided. A licensee who practices with an expired license is not eligible.
No comments were received regarding adoption of the rule.
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; and §201.354(g), which the board interprets
as requiring it to adopt criteria, by rule, for determining whether or not
certain licensees who has failed to renew their chiropractic licenses timely,
may renew without examination.
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 January 14, 2002.
TRD-200200157
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 305-6709
22 TAC §73.3
The Texas Board of Chiropractic Examiners adopts an amendment
to §73.3, relating to continuing education, without changes to the proposed
text as published in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9501). The text of the rule as amended will
not be republished. The amendment limits the number of continuing education
hours that a licensee may take through online courses over the Internet to
four hours each year. The Board, at its September 13 meeting, approved the
University of Bridgeport College of Chiropractic as an approved sponsor for
online courses, through its online program. The Board desires to make online
courses available to enhance the choice of courses available. At the same
time, it is the opinion of the Board that the majority of continuing education
should be obtained through attendance at live seminars or conferences where
in-person interaction with instructors and other participants occurs. The
amendments provide greater flexibility to licensees in selecting the subject
matter and format of courses while still requiring the majority of hours of
continuing education to be through in-person attendance. The amendments also
allow a person who is medically unable to attend courses to acquire all continuing
education credits through online courses. Lastly, the amendments make changes
in format and update statutory references.
The board received comments from 16 individuals, opposing the proposed
amendment. The commenters were all chiropractors, except one. The commenters
expressed opinions generally that attending seminars does not increase the
value of the information, although one commenter did agree that some topics
are not suited for online education and favored requiring live attendance.
He also asked that if the board instituted the limitation, additional time
be given for compliance since he had been planning on doing all of his continuing
education in December online. The commenters felt that online courses were
more convenient and more instructive than traditional conferences or seminars
for a variety of reasons, including the social distractions surrounding professional
conferences, and that distance learning was acceptable method of education
throughout the country's educational system. One commenter, while acknowledging
that she was not aware of the reasons the board was changing its requirements,
expressed the belief that attendance at seminars was not a preferred method
of obtaining continuing education credit, and online instruction was a better
learning model. It was noted by several commenters that M.D.'s and D.O.'s
can subscribe to a journal in their specialty and self test or take unlimited
online courses for continuing education credits, and felt this same opportunity
should be available to chiropractors. Some commenters expressed their opinion
that the restriction was motivated by those who provide on-site seminars.
Commenters also stated that cost and convenience considerations favored online
instruction. One commenter favored making the total continuing education requirement
open to online courses because of the convenience provided to a full-time
practicing chiropractor with a family. Another commenter favored no restriction
because of the financial and physical difficulty in attending weekend seminars
due to a disability. She felt that four hours was worthless, because she would
still have to attend an overnight session to obtain the remaining hours. Lastly,
she felt that Texas was behind other states that allowed their licensees to
utilize online courses totally and asked the board to change the proposed
four hour limitation. One other commenter expressed the need for more online
courses due to difficulty in air traveling because of a heart condition and
recent September 11 attack.
The board disagrees with the comments that were generally in opposition
to the proposed restrictions for online courses. This restriction was not
motivated by any desire to protect existing continuing education providers.
As stated elsewhere in the preamble, the board feels that the majority of
continuing education should be obtained through attendance at live seminars
or conferences where in-person interaction with instructors and other participants
occurs. The benefit of live interaction with the instructor and other participants
is a valuable exercise, not only in exchanging comments and questions about
the subject matter being taught, but also in simply interacting socially with
peers. In-person communication is an essential tool of a practitioner and
attendance at live courses provides an opportunity for licensees to interact,
face-to-face, with fellow licensees, that is not available online. For these
reasons, the board declines to make any changes in the proposed amendment
at this time. The board agrees with the commenters, who expressed difficulty
in attending courses in person because of a disability. Current board rules
allow other continuing education opportunities that do not require travel
and attendance at a seminar. If a licensee is disabled and unable to attend
continuing education courses, rule §73.3(b)(5) allows a licensee to acquire
continuing education by audio or video tapes, upon submission of the required
doctor's statement. The amendments add online courses to the list of alternative
methods for acquiring credits, and the proposed four hour restriction for
online courses does not apply. This amendment does not take effect until 20
days after filing with the Texas Register, and will be applied to licensees
whose compliance is due, beginning May 1, 2002, giving all licensees a reasonable
period of time to comply.
The amendment is adopted under 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 §201.356, which the
board interprets as requiring it to adopt rules providing for a continuing
education program for its licensees.
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 January 14, 2002.
TRD-200200159
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-6709
Chapter 73.
LICENSES AND RENEWALS
Chapter 80.
MISCELLANEOUS