TITLE 22.EXAMINING BOARDS

Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

Chapter 73. LICENSES AND RENEWALS

22 TAC §73.4

The Texas Board of Chiropractic Examiners (Board) proposes an amendment to §73.4(b), relating to Inactive Status, to delete the requirement of a processing fee for inactive licenses. This amendment is a companion to the adopted amendment to §75.7(a), relating to Required Fees and Charges. The companion amendment was adopted in the December 2, 2005, issue of the Texas Register (30 TexReg 8093). The Board has decided to no longer assess this fee.

Glenn Parker, Executive Director, has determined that for the first five-year period the amendment is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the amended rule.

Mr. Parker also has determined that for each year of the first five-year period the amendment is in effect the public benefit will be reduced fees for inactive licenses.

Mr. Parker has determined that there will be no economic costs to persons who are required to comply with the proposed amendment. There will be no effect to small or micro businesses.

Comments on the proposed amendment may be submitted to Glenn Parker, Executive Director, Texas State Board of Chiropractic Examiners 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6705 fax, no later than 30 days from the date that the proposed amendment is published in the Texas Register .

The amendment is proposed under Texas Occupation Code §201.152, relating to Rules, and §201.153, relating to Fees. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic. Section 201.153 authorizes the Board to set fees by rule in amounts reasonable and necessary to cover the costs of administering the Chiropractic Act.

No other statutes, articles, or codes are affected by the proposed amendment.

§73.4.Inactive Status.

(a) (No change.)

(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) - (f) (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 July 28, 2006.

TRD-200603960

Glenn Parker

Executive Director

Texas Board of Chiropractic Examiners

Earliest possible date of adoption: September 10, 2006

For further information, please call: (512) 305-6901


Chapter 75. RULES OF PRACTICE

22 TAC §75.17

The Texas Board of Chiropractic Examiners (Board) proposes amendments to §75.17, relating to scope of practice. The Board's 2005 Sunset Legislation, HB 972, 79th Legislature, Regular Session, mandated that the Board adopt rules regarding the scope of practice of chiropractic in Texas (Texas Occupation Code §201.1525). The Board published the proposed rule regarding scope of practice on December 16, 2005, in the Texas Register (30 TexReg 8383). The Board adopted the scope of practice rule at its meeting on May 11, 2006. As the result of public comments received on the proposed rule, the Board determined that additional definitions were needed to clarify terms used in the scope of practice rule and that a description of cosmetic therapies outside of the scope of practice should be included.

The Board now proposes to amend the scope of practice rule to include definitions for the following terms: incision, musculoskeletal system, and subluxation complex. These are terms used in the Texas Chiropractic Act and in the scope of practice rule. The Board compiled the proposed definitions after considering how the terms are used in the Chiropractic Act and based on definitions from medical dictionaries. The definition for "subluxation complex" is based on a definition previously included in the Board's rules.

Glenn Parker, Executive Director of the Texas Board of Chiropractic Examiners, has determined that for each year of the first five years that the amendments will be in effect there will be no additional cost to state or local governments.

Mr. Parker has also determined that for each year of the first five years that the amendments will be in effect the public benefit will be a clearer understanding and delineation of the scope of practice of chiropractic.

Mr. Parker has also determined that there will be no additional cost to licensed chiropractors and other persons during the first five years that the amended rule will be in effect, including small and micro businesses.

Comments on this proposed amendments may be submitted to Mary Feys, Texas Board of Chiropractic Examiners, 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701, facsimile (512) 305-6705, by the close of business 30 days from the date that the proposed amendments are published in the Texas Register .

The amendments are proposed under Texas Occupations Code §201.152, relating to rules, and §201.1525, relating to the development of proposed rules regarding scope of practice of chiropractic. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic. Section 201.1525 mandates that the Board adopt rules clarifying what activities are included within the scope of practice of chiropractic and what activities are outside the scope.

No other statutes, articles, or codes are affected by the proposed amendments.

§75.17.Scope of Practice.

(a) (No change.)

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

(1) - (2) (No change.)

(3) Incision--A cut or a surgical wound; also, a division of the soft parts made with a knife.

(4) Musculoskeletal system--The system of muscles and tendons and ligaments and bones and joints and associated tissues and nerves that move the body and maintain its form.

(5) [ (3) ] On-site--the presence of a licensed chiropractor in the clinic, but not necessarily in the room, while a patient is undergoing an examination or treatment procedure or service.

(6) [ (4) ] Practice of chiropractic--the description and terms set forth under Texas Occupations Code §201.002, relating to the practice of chiropractic.

(7) Subluxation complex--a neuromusculoskeletal condition that involves an aberrant relationship between two adjacent articular structures that may have functional or pathological sequelae, causing an alteration in the biomechanical and/or neuro-physiological reflections of these articular structures, their proximal structures, and/or other body systems that may be directly or indirectly affected by them.

(c) - (f) (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 July 26, 2006.

TRD-200603943

Glenn Parker

Executive Director

Texas Board of Chiropractic Examiners

Earliest possible date of adoption: September 10, 2006

For further information, please call: (512) 305-6901


Part 31. TEXAS STATE BOARD OF EXAMINERS OF DIETITIANS

Chapter 711. DIETITIANS

22 TAC §711.17

The Texas State Board of Examiners of Dietitians (board) proposes an amendment to §711.17, concerning the licensure and regulation of dietitians.

The amendment updates the rule to reflect current legal, policy, and operational considerations; clarifies the requirement that license holders must complete the Texas Jurisprudence Examination; and the improved draftsmanship makes the rule more accessible, understandable, and usable.

SECTION BY SECTION SUMMARY

The amendment to §711.17 will clarify that completion of continuing education is required during each two-year renewal period and that proof of completion must be submitted only if a license holder is selected for audit; delete references to the continuing education report form, which is now obsolete; correct a typographical error; and clarify that license holders must complete the Texas Jurisprudence Examination upon renewing licenses that expire in calendar years 2007 and 2008. This amendment replaces the current requirement that license holders must complete the Texas Jurisprudence Examination every four years.

FISCAL NOTE

Bobbe Alexander, Executive Secretary, has determined that for each fiscal year of the first five years the section is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the section as proposed.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Ms. Alexander has also determined that there will be no economic costs to small businesses or micro-businesses. This was determined by interpretation of the rule that these entities will not be required to alter their business practices to comply with the section as proposed. There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

Ms. Alexander has also determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. The public benefit anticipated as a result of enforcing or administering the section is to effectively regulate the practice of dietetics in Texas, which will protect and promote public health, safety, and welfare.

REGULATORY ANALYSIS

The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The board has determined that the proposed amendment does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Bobbe Alexander, Executive Secretary, Texas State Board of Examiners of Dietitians, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756 or by email to dietitian@dshs.state.tx.us. When e-mailing comments, please indicate "Comments on Proposed Rules" in the e-mail subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

STATUTORY AUTHORITY

The proposed amendment is authorized by Occupations Code, §701.152, which authorizes the board to adopt rules necessary for the performance of the board's duties.

The proposed amendment affects Occupations Code, Chapter 701.

§711.17.Continuing Education Requirements.

(a) (No change.)

(b) A licensee shall complete a minimum of 12 continuing education hours during each two-year licensing period. [ Proof of having earned a minimum of six continuing education credit for a one-year renewal cycle and 12 continuing education credits for a two-year cycle shall be required at the time of renewal of each license. ]

(1) - (2) (No change.)

(c) The licensee shall be responsible for maintaining a record of his or her continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the board at the time of renewal unless the licensee has been selected for audit by the board. [ Only the completed continuing education report form should accompany the renewal form and fee if the licensee has not been selected for audit. ]

(d) The audit process shall be as follows.

(1) (No change.)

(2) All licensees selected for audit will furnish documentation such as official transcripts, certificates, diplomas, agendas, programs, or an affidavit identifying the continuing education experience satisfactory to the board, to verify proof of having earned the continuing education hours [ listed on the continuing education report form ]. The documentation must be provided at the time the renewal form is returned to the board.

(3) (No change.)

(e) Failure to complete the required continuing education.

(1) A person who fails to complete continuing education requirements for renewal holds an expired license and may [ my ] not use the titles "licensed dietitian" or "provisional licensed dietitian".

(2) (No change.)

(f) - (h) (No change.)

(i) The Texas Jurisprudence Exam shall be required as follows.

(1) For all licenses renewed between January 1, 2007, and December 31, 2008, the licensee must successfully complete the Texas Jurisprudence Exam. [ Effective September 1, 2006, all renewal applicants must successfully complete at the time of renewal, the Texas Jurisprudence Exam, once every four years. ]

(2) (No change.)

(3) One hour of continuing [ Continuing ] education credit will be granted for successful completion of the Texas Jurisprudence Exam [ during a four-year period ].

(j) (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 July 28, 2006.

TRD-200603981

Ralph McGahagin

Chair

Texas State Board of Examiners of Dietitians

Earliest possible date of adoption: September 10, 2006

For further information, please call: (512) 458-7111 x6972