Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73. LICENSES AND RENEWALS
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §73.3, relating to continuing education, to increase the number of continuing education credit hours that a licensee who serves as an examiner for the National Board of Chiropractic Examiners' (NBCE) Part IV Examination may receive for this activity from a maximum of two (2) hours each year to a maximum of eight (8) hours each year. The amended rule is adopted without changes to the proposed text as published in the March 30, 2007, issue of the Texas Register (32 TexReg 1824) and will not be republished. The Board formally adopted this amended rule at its regularly scheduled board meeting on May 24, 2007.
No comments were received regarding the proposed amendments.
The Board decided to make this amendment to increase the continuing education credit hours awarded for this activity in recognition of the fact that licensees who serve as examiners for the NBCE Part IV Examination work in excess of eight hours at each session.
The amendment is adopted under the Texas Occupations Code, §201.152 and §201.356 relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic and §201.356 authorizes the Board to adopt requirements for mandatory continuing education.
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 June 5, 2007.
TRD-200702258
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 25, 2007
Proposal publication date: March 30, 2007
For further information, please call: (512) 305-6901
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §75.2, relating to proper diligence and efficient practice of chiropractic, to specify that patient abandonment is an example of a lack of due diligence. The amended rule is adopted without changes to the proposed text as published in the March 23, 2007, issue of the Texas Register (32 TexReg 1693) and will not be republished. The Board formally adopted this amended rule at its regularly scheduled board meeting on May 24, 2007.
No comments were received regarding the proposed amendments.
The Board decided to make this amendment so that doctors of chiropractic, patients, and the public are clearly on notice that a doctor of chiropractic cannot simply close their practice without reasonable cause without providing notice to their patients and without providing for the orderly transfer of the patient's records. In drafting this rule, the Board looked to the Texas Medical Board's rule at 22 TAC §165.5, relating to transfer and disposal of medical records, and the State Board of Dental Examiners' rule at 22 TAC §108.5 relating to patient abandonment.
The amendment is adopted under the Texas Occupations Code, §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of 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 June 5, 2007.
TRD-200702259
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 25, 2007
Proposal publication date: March 23, 2007
For further information, please call: (512) 305-6901
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §75.7 (Required Fees and Charges) relating to the adoption of a new $10.00 fee for the sale of copies of the statutes and rules and a second new $55.00 for an online jurisprudence course (seminar) to be presented by the Board. The Board also adopts the reformatted graphic which lists agency fees. The amended rule is adopted with changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2090). The Board formally adopted this amended rule at its regularly scheduled board meeting on May 24, 2007.
No comments were received regarding the proposed amendments.
The Board decided to make this amendment to improve services for agency licensees, the public and other stakeholders and to generate sufficient additional revenue to at least cover the anticipated direct and indirect costs of providing these services.
The amendment is adopted under the Texas Occupations Code (TOC), §201.152 and §201.153 relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic and §201.153 authorizes the Board to set fees in amounts reasonable and necessary to cover the costs of administering TOC Chapter 201 (the Chiropractic Act).
§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 Office of the Attorney General for copies of public information, 1 TAC, Part 3, Chapter 70, §§70.1 - 70.10 (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 June 5, 2007.
TRD-200702257
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 25, 2007
Proposal publication date: April 13, 2007
For further information, please call: (512) 305-6901
Chapter 216. CONTINUING EDUCATION
22 TAC §§216.1, 216.3, 216.4, 216.9, 216.11
The Board of Nurse Examiners adopts without changes amendments to 22 Texas Administrative Code §§216.1, 216.3, 216.4, 216.9 and 216.11, relating to Continuing Education. The proposed amendments were published in the May 4, 2007, issue of the Texas Register (32 TexReg 2452).
Effective January 1, 2007, the contact hour for continuing education was changed from a 50-minute contact hour to a 60-minute contact hour. A contact hour is an organized learning activity that is either a didactic or clinical experience or an independent study. This change was implemented by American Nurses Credentialing Center's Commission on Accreditation. Sections §216.1(8) and §216.4(1) illustrate this change.
The new language of §216.3 is for the purpose of updating the CE requirements by deleting the requirement for RNs to take a CE course relating to Hepatitis C (§216.3(4)) that expired on June 1, 2004. Sections 216.9 and 216.11 address the updated process the Board utilizes to ensure that licensees comply with the CE requirements. In the past, the Staff would randomly audit licensees to determine whether they had complied, and if they did not provide the evidence, an investigation was opened in enforcement. The new process requires audited licensees to prove compliance with CE requisites prior to renewal, and if the proof is not forthcoming, the licensee's license is not renewed (§216.11). This process is also compliant with Texas Occupations Code §301.303(a) that states "the board...may require participation in continuing competency programs as a condition of renewal of a license." It creates a more streamlined process, and alleviates some of the burden imposed on Enforcement; therefore, §216.9(2) requiring the board to "notify the licensee of the results of the audit" becomes an unnecessary provision.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice 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 June 6, 2007.
TRD-200702282
Joy Sparks
Assistant General Counsel
Board of Nurse Examiners
Effective date: June 26, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 305-6824