Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 71.
APPLICATIONS AND APPLICANTS
22 TAC §§71.2, 71.7, 71.10
The Texas Board of Chiropractic Examiners adopts amendments
to the following sections in Title 22, Chapter 71, relating to applications
and applicants: 22 TAC §71.2, relating to application for a license;
22 TAC §71.7, relating to the jurisprudence examination; and 22 TAC §71.10,
relating to reexaminations, without changes to the proposed text as published
in the November 21, 2003, issue of the
Texas Register
(28 TexReg 10367). The text of the rules as amended will not be republished.
By these amendments, the Board has addressed changes needed in order to
offer the jurisprudence examination online and to set limits on reexaminations.
Other non-substantive amendments have been made to the section for update
and clarification.
No comments were received concerning the proposed 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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 8, 2004.
TRD-200401774
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 305-6709
The Texas Board of Chiropractic Examiners adopts amendments to the
following sections in Title 22, Chapter 73, relating to licenses and renewals:
22 TAC §73.1, relating to notification of change of address; 22 TAC §73.2,
relating to renewal of license; 22 TAC §73.3, relating to continuing
education; 22 TAC §73.4, relating to inactive status; 22 TAC §73.5,
relating to failure to meet continuing education requirements; and 22 TAC §73.7,
relating to approved continuing education courses. Sections 73.1, 73.2 and
73.5 are adopted without changes to the proposed text as published in the
November 21, 2003, issue of the
Texas Register
(28
TexReg 10367). Section 73.4 is adopted with changes to the proposed text as
published in the November 21, 2003, issue of the
Texas Register
(28 TexReg 10367). The text of the rule will be republished.
Sections 73.3 and 73.7 are adopted without changes to the proposed text as
published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11216). The text of the rules as amended
will not be republished.
By these amendments, the Board has addressed changes needed in order to
comply with Senate Bill 211, 78th Legislature, 2003, relating to reinstatement
of a license. Amendments to §73.3 and §73.7 will also require continuing
education sponsors to submit attendance rosters and to monitor a licensee's
actual attendance at a course and will allow the Board to perform a post-audit
of licensee's compliance with continuing education requirements. Amendments
to §73.4 will allow the Board to require a processing fee for an inactive
license. Other non-substantive amendments have been made to the section for
update and clarification.
No comments were received concerning the proposed amendments.
22 TAC §§73.1, 73.2, 73.4, 73.5
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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
§73.4.Inactive Status.
(a)
Each year, on or before a licensee's renewal date, a licensee
who is not currently practicing chiropractic in Texas may renew his or her
license as provided by §73.2 of this title (relating to Renewal of License)
and request, on a form prescribed by the board, that it be placed on inactive
status. In order to continue on inactive status and to maintain a valid license,
an inactive licensee must renew his or her license and make a new request
for inactive status each year.
(b)
A licensee on inactive status is required to pay a processing
fee as required by §75.7 of this title if the application for inactive
status is submitted on or before the annual expiration date of the license.
If the application is late, the licensee shall be subject to §73.2(d)
of this title (relating to Expired License). A licensee on inactive status
is not required to complete continuing education as provided in §73.3
of this title (relating to Continuing Education).
(c)
To place a license on inactive status at a time other than
the time of license renewal, a licensee shall:
(1)
return the current renewal certificate to the board office;
and
(2)
submit a signed, notarized statement stating that the licensee
shall not practice chiropractic in Texas while the license is inactive, and
the date the license is to be placed on inactive status.
(d)
To reactivate a license which has been on inactive status
for five years or less, a licensee shall, prior to beginning practice in this
state:
(1)
apply for active status on a form prescribed by the board;
(2)
submit written verification of attendance at and completion
of continuing education courses as required by §73.3 of this title for
the number of hours that would otherwise have been required for renewal of
a license. Approved continuing education earned within the calendar year prior
to the licensee applying for reactivation may be applied toward the continuing
education requirement; and
(3)
pay the Active License Renewal Fee.
(e)
A license which has been on inactive status for a period
of more than five years may be reactivated only upon successfully passing
Part IV of the National Board of Examination and the board's Jurisprudence
Examination prior to reactivation.
(f)
Prohibition against Practicing Chiropractic in Texas. A
licensee while on inactive status shall not practice chiropractic in this
state. The practice of chiropractic by a licensee while on inactive status
constitutes the practice of chiropractic without a license.
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 8, 2004.
TRD-200401775
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 305-6709
22 TAC §73.3, §73.7
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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 8, 2004.
TRD-200401776
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-6709
22 TAC §§74.2, 74.3, 74.5. 74.9
The Texas Board of Chiropractic Examiners adopts amendments
to the following sections in Title 22, Chapter 74, relating to chiropractic
facilities: 22 TAC §74.2, relating to facility registration requirements;
22 TAC §74.3, relating to annual renewal; 22 TAC §74.5, relating
to rules of conduct; and 22 TAC §74.9, relating to disciplinary action,
without changes to the proposed text as published in the November 21, 2003,
issue of the
Texas Register
(28 TexReg 10367).
The text of the rules as amended will not be republished.
By these amendments, the Board has addressed changes needed in order to
comply with Senate Bill 211, 78th Legislature, 2003, relating to registration
of facilities. Amendments to §74.3 will also change the renewal date
of facilities owned by a licensed chiropractor to the first day of the owner's
birth month, in order to coincide with the owner's chiropractic license renewal
date. Other non-substantive amendments have been made to the section for update
and clarification.
No comments were received concerning the proposed 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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 8, 2004.
TRD-200401777
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 305-6709
The Texas Board of Chiropractic Examiners adopts amendments to the
following sections in Title 22, Chapter 75, relating to rules of practice:
22 TAC §75.3, relating to individuals with criminal convictions; 22 TAC §75.7,
relating to required fees and charges; 22 TAC §75.8, relating to public
interest information; 22 TAC §75.9, relating to complaint procedures;
22 TAC §75.10, relating to disciplinary guidelines; 22 TAC §75.11,
relating to the schedule of sanctions; and 22 TAC §75.13, relating to
disciplinary records and reportable actions. Sections 75.3 and 75.8-75.11
are adopted without changes to the proposed text as published in the November
21, 2003 issue of the
Texas Register
(28 TexReg
10367) and will not be republished. Sections 75.7 and 75.13 were published
in the December 19, 2003 issue of the
Texas Register
(28 TexReg 11219). Section 75.7 is adopted with changes. The text
of the rule will be republished. Section 75.13 is adopted without changes
and will not be republished.
By these amendments, the Board has addressed changes needed in order to
comply with Senate Bill 211, 78th Legislature, 2003, relating to registration
of facilities, House Bill 2985, 78th Legislature, 2003, relating to the creation
of an Office of Patient Protection in the Health Professions Council, and
Senate Bill 187, 77th Legislature, 2001. Other non-substantive amendments
have been made to the section for update and clarification. The only changes
made to the rules since publication were to remove certain fees in §75.7(a)
relating to the TexasOnline Project Fee. Since the rule was published, the
TexasOnline Authority has moved the implementation of new chiropractic licenses,
new facility registrations, and new and renewed radiological technician registrations
into Tier 4, with no projected implementation date. They have also revised
the fee for facility renewals. The changes will remove the non-implemented
fees and correct the fee for facility renewals.
No comments were received concerning the proposed amendments.
22 TAC §§75.3, 75.8 - 75.11
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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 8, 2004.
TRD-200401778
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 305-6709
22 TAC §75.7, §75.13
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, and §201.153, which the
board interprets as authorizing it to adopt necessary fees for administration
of its programs.
§75.7.Required Fees and Charges.
(a)
Current fees required by the board are as follows:
(b)
The board is required to increase its fees for annual renewal,
an examination, and re-examination by $200 pursuant to the Occupations Code §201.153(b).
That increase is reflected in subsection (a) of this section under the column
entitled "153(b) FEE". The total amount of each of these fees must be paid
before the board will process an application subject to such fee.
(c)
Any remittance submitted to the board in payment of a required
fee for application, initial license, registration, or renewal, must be in
the form of a 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.
(d)
Fees for license verification or certification, license
replacement, and continuing education applications may submit the required
fee 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.
(e)
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).
(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 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 8, 2004.
TRD-200401779
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Effective date: March 28, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-6709
Chapter 73.
LICENSES AND RENEWALS
Chapter 74.
CHIROPRACTIC FACILITIES
Chapter 75.
RULES OF PRACTICE
Chapter 79.
LICENSURE OF CERTAIN OUT-OF-STATE APPLICANTS