Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §71.1, §71.3
The Texas Board of Chiropractic Examiners (TBCE) adopts amendments
to §71.1, relating to definitions, and §71.3, relating to qualifications
of applicants, without changes to the proposed text as published in the January
25, 2002, issue of the
Texas Register
(27
TexReg 557) and will not be republished.
The TBCE is currently required to deny renewal to a licensee that is in
default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation
(TGSLC) or in breach of a repayment agreement, under §57.491 of the Education
Code. Section 73.2(c) sets out this mandatory non-renewal requirement.
The legislature, this year, passed H.B. 1755 (creating chapter 56 of the
Occupations Code), which gives discretionary authority to certain occupational
licensing agencies, including the TBCE, to deny an application for a license
or renewal or to discipline a licensee for default on student loans or breach
of a loan repayment agreement or the service obligation in a scholarship contract.
H.B. 1755 also permits a licensing agency to rescind its action upon receipt
of information that the person has repaid the loan or otherwise made arrangements,
which effectively place the person in good standing with regard to the loan,
repayment or scholarship agreement. Likewise, H.B. 1755 authorizes a licensing
agency to reinstate any action or take other disciplinary action upon notice
that the person is once again in default or in breach of contract relating
to the loan, repayment or scholarship. The board reads H.B. 1755 and §57.491
of the Education Code as giving it discretionary authority to take disciplinary
action against a licensee or deny an application for licensure to a person
who is not in good standing with respect to a student loan, or repayment or
scholarship agreement, including one guaranteed by the TGSLC.
This adoption amends §71.3 to give notice to applicants of the possible
denial of their applications for licensure if they are not in good standing
with regard to student loans or scholarships. Other non-substantive changes
have been made to update statutory references and for format, in §71.1
and §71.3. By separate rulemakings, the board is also adopting amendments
to §74.2 and §74.3, relating to facility licenses, and new §80.2,
to provide notice to current licensees and applicants for a facility license
that they are subject to action by the board if a licensee or applicant is
not in good standing with regard to student loans or scholarships.
No comments were received regarding adoption of the amendments.
The amendments are 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 Occupations Code ch. 56,
which the board interprets as authorizing it to adopt rules providing for
implementation of the chapter by the board.
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 March 18, 2002.
TRD-200201658
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 7, 2002
Proposal publication date: January 25, 2002
For further information, please call: (512) 305-6709
22 TAC §74.2, §74.3
The Texas Board of Chiropractic Examiners (TBCE) adopts amendments
to §74.2, relating to license requirements for facilities, and §74.3,
relating to renewal of a facility license, without changes to the proposed
text as published in the January 25, 2002, issue of the
Texas Register
(27 TexReg 558) and will not be republished.
The TBCE currently is required to deny renewal to a licensee that is in
default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation
(TGSLC) or in breach of a repayment agreement, under §57.491 of the Education
Code. Section 73.2(c) sets out this mandatory non-renewal requirement for
chiropractic licenses. There currently is no similar board rule governing
facility licenses.
The legislature, this year, passed H.B. 1755 (creating chapter 56 of the
Occupations Code), which gives discretionary authority to certain occupational
licensing agencies, including the TBCE, to deny an application for a license
or renewal or to discipline a licensee for default on student loans or breach
of a loan repayment agreement or the service obligation in a scholarship contract.
H.B. 1755 also permits a licensing agency to rescind its action upon receipt
of information that the person has repaid the loan or otherwise made arrangements,
which effectively place the person in good standing with regard to the loan,
repayment or scholarship agreement. Likewise, H.B. 1755 authorizes a licensing
agency to reinstate any action or take other disciplinary action upon notice
that the person is once again in default or in breach of contract relating
to the loan, repayment or scholarship. The board reads H.B. 1755 and §57.491
of the Education Code as giving it discretionary authority to take disciplinary
action against a licensee or to deny an application for licensure to a person
who is not in good standing with respect to a student loan, or repayment or
scholarship agreement, including one guaranteed by the TGSLC.
This adopted rulemaking extends the mandatory non-renewal requirement of §57.491
to facility licensees with TGSLC loans and gives notice to facility applicants
and licensees of the possible denial of a license or non-renewal if an applicant
or licensee is not in good standing with regard to any student loan or scholarships.
These adopted amendments will apply only to facility licenses held by an individual,
as a sole proprietor or in a partnership, since only individuals are eligible
for student loans or scholarships, and a license for a corporation is held
in the name of the corporation, not by individuals.
By separate rulemakings, the board is also adopting amendments to §71.3,
relating to applicants for a chiropractic license, and §73.2 (at a later
date), relating to renewal of a chiropractic license, to provide similar notice
to applicants and current licensees that the board may refuse to grant or
renew a chiropractic, if the person is not in good standing with regard to
student loans or scholarships. The board is also adopting new §80.2 to
provide notice to current licensees that the board may take disciplinary action
against a person's chiropractic and facility licenses for the same reasons.
Other non-substantive changes have been made to update statutory references
and for format in these adoptions.
No comments were received regarding adoption of the amendments.
The amendments are 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, Occupations Code ch. 56, which
the board interprets as authorizing it to adopt rules providing for implementation
of the chapter by the board, and Education Code §57.491(j), which the
board interprets as requiring it to adopt rules necessary to carry out its
duties under this section.
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 March 18, 2002.
TRD-200201659
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 7, 2002
Proposal publication date: January 25, 2002
For further information, please call: (512) 305-6709
22 TAC §80.2
The Texas Board of Chiropractic Examiners (TBCE) adopts amendments
to chapter 80, by renaming its title and adding a new §80.2, without
changes to the proposed text as published in the January 25, 2002, issue of
the
Texas Register
(27 TexReg 560) and will
not be republished.
The TBCE currently is required to deny renewal to a licensee that is in
default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation
(TGSLC) or in breach of a repayment agreement, under §57.491 of the Education
Code. Section 73.2(c) sets out this mandatory non-renewal requirement for
chiropractic licenses.
The legislature, this year, passed H.B. 1755 (creating chapter 56 of the
Occupations Code), which gives discretionary authority to certain occupational
licensing agencies, including the TBCE, to deny an application for a license
or renewal or to discipline a licensee for default on student loans or breach
of a loan repayment agreement or the service obligation in a scholarship contract.
H.B. 1755 also permits a licensing agency to rescind its action upon receipt
of information that the person has repaid the loan or otherwise made arrangements
that effectively place the person in good standing with regard to the loan,
repayment or scholarship agreement. Likewise, H.B. 1755 authorizes a licensing
agency to reinstate any action or take other disciplinary action upon notice
that the person is once again in default or in breach of contract relating
to the loan, repayment or scholarship. The board reads H.B. 1755 and §57.491
of the Education Code as giving it discretionary authority to take disciplinary
action against a licensee or to deny an application for licensure to a person,
who is not in good standing with respect to a student loan, or repayment or
scholarship agreement, including one guaranteed by the TGSLC.
This rulemaking adds new §80.2 which provides notice to current licensees
that they may be subject to the board's disciplinary power if a licensee is
not in good standing with regard to student loans or scholarships. By separate
rulemakings, the board is adopting amendments to §§71.3, 73.2 (at
a later date), 74.2 and 74.3, to provide similar notice that the board may
refuse to grant or renew a chiropractic or facility license, on the same basis.
Other non-substantive changes have been made to update statutory references
and for format in these adoptions.
No comments were received regarding adoption of the new rule.
The new rule 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 Occupations Code ch. 56,
which the board interprets as authorizing it to adopt rules providing for
implementation of the chapter by the board.
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 March 18, 2002.
TRD-200201660
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 7, 2002
Proposal publication date: January 25, 2002
For further information, please call: (512) 305-6709
Chapter 501.
RULES OF PROFESSIONAL CONDUCT
Subchapter C. RESPONSIBILITIES TO CLIENTS
22 TAC §501.70
The Texas State Board of Public Accountancy adopts an amendment
to §501.70, concerning Independence without changes to the proposed text
as published in the February 1, 2002, issue of the
Texas Register
(27 TexReg 672).
The amendment allows the Board to apply all applicable independence standards
to a CPA or licensed firm in a concise format.
The amendment will function by applying all applicable Independence standards
to a CPA or licensed firm in a concise format.
The Board received one oral comment. The commenter expressed concern that
the Board was deferring to non-governmental agencies to set rules for Texas
CPAs. In response, many of the Board rules require compliance with national
standards set by the AICPA.
See
Board Rules
501.60 and 501.62. These rules and this practice of the Board has been upheld
as lawful by the Third Court of Appeals in
Ray v.
Texas State Board of Public Accountancy,
4 S.W. 3rd 429 (Tex App.-Austin
1999)(no writ). The commenter also said he found the change confusing. The
commenter said he did not perform any attest services and was not familiar
with the standards referred to in the rule. In response, the Board believes
that the effect of the rule is to simplify the rules in an area, which is
currently more confusing. The Board's current rule imposes an additional set
of regulation in an area where practitioners must already comply with many
other standards. It may take time for licensees to learn and understand the
new rule.
The amendment is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate 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 March 14, 2002.
TRD-200201584
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 3, 2002
Proposal publication date: February 1, 2002
For further information, please call: (512) 305-7848
22 TAC §501.81
The Texas State Board of Public Accountancy adopts an amendment
to §501.81, concerning Firm License Requirements without changes to the
proposed text as published in the February 1, 2002, issue of the
Texas Register
(27 TexReg 673).
The amendment allows the Board to clarify that this rule also applies to
sole proprietorships.
The amendment will function by having efficient administration of the rule
through the explicit inclusion of sole proprietorships.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate 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 March 14, 2002.
TRD-200201585
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 3, 2002
Proposal publication date: February 1, 2002
For further information, please call: (512) 305-7848
22 TAC §501.84
The Texas State Board of Public Accountancy adopts an amendment
to §501.84, concerning Form of Practice without changes to the proposed
text as published in the February 1, 2002, issue of the
Texas Register
(27 TexReg 676).
The amendment allows the Board to broaden the permissible business structures
of licensed firms to reflect that non-CPAs may own interests in licensed firms.
The amendment will function by facilitating the utilization of appropriate
business structures by licensed firms owned by non-CPAs.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate 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 March 14, 2002.
TRD-200201586
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: April 3, 2002
Proposal publication date: February 1, 2002
For further information, please call: (512) 305-7848
Chapter 651.
FEES
Chapter 74.
CHIROPRACTIC FACILITIES
Chapter 80.
PROFESSIONAL CONDUCT
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Subchapter D. RESPONSIBILITIES TO THE PUBLIC
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS