PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
The Texas Board of Chiropractic Examiners (Board) proposes as a new rule §75.19, relating to cease and desist orders. This new rule delegates to the Board's Enforcement Committee the authority to issue a cease and desist order and describes the procedures for doing so as authorized by Texas Occupations Code §201.6015, relating to cease and desist order.
Glenn Parker, Executive Director, has determined that for the first five-year period this new rule is in effect there will be no additional costs to state or local governments as a result of enforcing or administering this new rule.
Mr. Parker has also determined that for each year of the first five-year period this new rule is in effect the public benefit will be the Board's ability to more promptly respond to an instance where a person is practicing chiropractic without a license. Mr. Parker has determined that because this rule relates to the Board's internal procedures there will be no costs associated with this new rule and no costs or adverse economic effects to small or micro businesses. Because there is no adverse economic effect, an economic impact statement and regulatory flexibility analysis is not required for this new rule.
Comments on this proposed new rule may be submitted to Ms. Mary Feys, Texas Board of Chiropractic Examiners, 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701 or via e-mail to mary.feys@tbce.state.tx.us or via facsimile to (512) 305-6705 no later than 30 days from the date that this proposed new rule is published in the Texas Register.
This new rule is proposed under Texas Occupations Code §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic, §201.506, relating to the Enforcement Committee, which authorizes the Board to direct the enforcement duties of the committee, and §201.6015, relating to cease and desist order, which authorizes the Board to issue such orders.
§75.19.Cease and Desist Orders.
The Board of Chiropractic Examiners delegates to its Enforcement Committee the authority to determine whether it appears that a person is engaging in an act or practice that constitutes the practice of chiropractic without a license or registration under the Chiropractic Act. After notice and opportunity for an informal hearing, the Enforcement Committee may issue a cease and desist order in the name of the board prohibiting the person from engaging in that activity. The Enforcement Committee may take all actions necessary and proper to carry out the board's authority under Texas Occupations Code §201.6015, relating to cease and desist order.
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 June 16, 2008.
TRD-200803073
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 305-6901