ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 16. ECONOMIC REGULATION Part VI. Texas Motor Vehicle Commission Chapter 103. General Rules 16 TAC sec.103.13 The Texas Motor Vehicle Board adopts new sec.103.13, concerning a restriction on the number and location of new motor home shows and exhibitions in which a licensee may participate in Texas, with changes to the proposed text as published in the October 21, 1994, issue of the Texas Register (19 TexReg 8333). The new section is being adopted to protect consumers from exposure to sales practices by licensees who are not geographically convenient by imposing reasonable show and exhibition restrictions on new motor home dealers and to protect the dealer distribution system and trade area concepts embodied in sec.4.06(c) of the Texas Motor Vehicle Commission Code. The new rule provides that new motor home shows must not occur, in a given county, within 90 days of one another and must not exceed six days in length. The proposed rule also restricts participation in a show for a given motor home line to dealers of that line that are located within 70 miles of the show site unless said dealers waive that right of exclusivity. Requests for show approval must, 1) be submitted between 30 and 90 days of the show date, 2) must have at least three participating new motor home dealers and 3) be accompanied by at $25,000 surety bond if the promoter is not a licensee or an association or organization of licensees. Additionally, where a new motor home show extends over a Saturday and Sunday, all show participants must elect the same day of the weekend on which they will refrain from offering new motor homes for sale, in accordance with the Blue Law. Written comments on the proposed section were received from the Texas Recreational Vehicle Dealers Association, individual members of the Good Sam Recreational Vehicle Clubs, and the Bordertown Sams Club of El Paso. A public hearing for the purpose of receiving comments was held December 13, 1994. Testimony in favor of the proposed rule was received from individual motor home dealers and the Texas Recreational Vehicle Dealers Association. Testimony opposing the proposed rule was received from Texas Good Sam's Clubs and Texas Good Sam Chapters. Concerns were expressed about whether the $25,000 surety bond to be required of promoters is excessive and whether it is reasonable for smaller markets and about whether the rule should apply to private or rally shows. The Board considered a suggestion to reduce the $25,000 surety bond to $4, 000- $5,000, but felt that the larger amount would more strongly encourage the promoter to ensure that participants in a show complied with the provisions of the Code. Subsection (c) was amended to require a $25,000 surety bond with the promoter's application only if the coordinator/promotor is not a licensee or an association or organization of licensees. Concerns about whether the rule should apply to private or rally shows were considered and the Board felt that the rule should apply to all such events with only a limited exception available where good cause has been shown. It was further found that good cause is limited to situations where a particular proposed show is perennial in nature, requiring a lengthy period of advance planning, and the show would otherwise be prohibited by virtue of prior approval of a competing event. The new section is adopted under sec.3.06 of the Texas Motor Vehicle Commission Code, Article 4413(36) and (36a), Texas Civil Statutes, which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency. sec.103.13. Motor Home Show Limitations and Restrictions. (a) A dealer licensed by the division who is authorized to sell new motor homes may attend and sell at any motor home show that has been approved by the Motor Vehicle Division. (b) The scope of this rule is expressly limited to new motor home shows and exhibitions. It does not apply to other types of motor vehicle distribution activities, static displays or any other provision of the Texas Motor Vehicle Commission Code, other than sec.4.02(c)(2) and (3). Other motor vehicle shows, exhibitions, or static displays will be reviewed by division staff on a case by case basis. (c) Approval must be sought by the show coordinator/promotor no less than 30 days and no more than 90 days prior to the proposed show date. All applications for motor home shows must be submitted on the forms and in the manner prescribed by the division, and must be accompanied by all other required attachments. If the coordinator/promoter is not a licensee or an association or organization of licensees, the application must be accompanied by a $25,000 surety bond to assure compliance with the Motor Vehicle Commission code and rules, as well as other regulations pertaining to the sale of new motor vehicles. (d) There must be at least three dealers participating in the show for the show to qualify for approval. Each participating new motor vehicle dealer must have a current, valid, Texas new motor vehicle dealer's license to sell the particular line of motor home to be shown. (e) The duration of any motor home show shall not exceed six days. If a show extends over a Saturday and a Sunday, sales will be suspended by all motor vehicle dealers on the same day to achieve uniform compliance with the Blue Law. (f) No motor home show shall occur in a county within 90 days of a previous motor home show within that county. Upon a showing of good cause, the division may authorize additional motor home shows in any county. Any motor home dealer may attend a motor home show so long as no like line dealership is located within 70 miles of the show site, unless a written waiver is obtained from the like line dealer or dealers located within 70 miles of the show site. Any like line dealer within 70 miles of the show site has a superior and exclusive right to represent that line at the proposed show. If there are two or more like line dealers located within 70 miles of the show site, each has equal right to participate in the proposed show. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 7, 1995. TRD-9502900 Diane L. Northam Legal Executive Assistant Texas Motor Vehicle Commission Effective date: April 1, 1995 Proposal publication date: October 21, 1994 For further information, please call: (512) 463-8630 Chapter 105. Advertising 16 TAC sec.105.12, sec.105.26 The Texas Motor Vehicle Board adopts amendments to sec.105.12, concerning Advertising at Cost or Invoice, and sec.105.26 to track the amendments to the Consumer Leasing Act, without changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8905). The amendment to sec.105.12(b) is necessary to make Texas Motor Vehicle Board rules uniform with federal judicial decrees that invoice advertising is inherently deceptive. The amendment to sec.105.26 is required to bring the rule into conformity with the Federal Community Development and Regulatory Improvement Act of 1994, which already authorizes the alternate methods of lease term disclosure contemplated by the amendment. The amendment to sec.105.12(b) removes restrictions to the use of the terms "invoice" and "invoice price" in new motor vehicle dealer advertisements and prohibits publication of them altogether. The amendment to sec.105.26 authorizes new motor vehicle dealers, who advertise payment amount, number of payments or refer to down payments in a consumer lease, to disclose required information by means of a toll-free telephone number or reference to a written advertisement that is in general circulation in the community served by the radio station. The required information includes: a declaration that the transaction is a lease; the total initial payment, if any; payment amounts and schedule along with a total of all payments; a declaration of whether the lease includes an option to purchase; and whether the consumer has any liability at the end of the lease and the amount, or the formula for determining the amount, of such liability. Written comments on proposed sec.105.12(b) were received from the Texas Automobile Dealers Association, who supported the adoption of the amendment. Oral comments were received at the Board meeting at the time of adoption in favor of the proposed rule. The Board agrees with the comments submitted. Written comments on proposed sec.105.26 were received from individual radio stations, the Texas Association of Broadcasters and the Texas Automobile Dealers Association, all of whom supported adoption of the amendment to bring the state rule into conformity with new federal regulations. Oral comments were received at the Board meeting at the time of adoption in favor of the proposed rule from the Texas Association of Broadcasters. The Board agrees with the comments submitted. The amendments are adopted under sec.3.06 of the Texas Motor Vehicle Commission Code, and Texas Civil Statutes, Article 4413(36) and (36a), which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 7, 1995. TRD-9502901 Diane L. Northam Legal Executive Assistant Texas Motor Vehicle Commission Effective date: April 1, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 463-8630 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 71. Application and Applicants 22 TAC sec.sec.71.1, 71.3, 71.12 The Texas Board of Chiropractic Examiners adopts new sec. sec.71.1, 71.3, and 71.12, relating to definitions, qualifications of applicants for licensure, and the Examination given by the National Board of Chiropractic Examiners, respectively. Each new section is adopted with changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8924). New sec.71.1 is adopted to define terms used in the practice of chiropractic, used in the Chiropractic Act, Texas Civil Statutes, Article 4512b (the Act), or used elsewhere in these rules. As adopted sec.71.1 differs from the proposed text in that the definitions of the terms "Biomechanical condition of the musculoskeletal system" and "subluxation" are excluded from the adopted section. The first term is omitted in response to a comment. The term "subluxation" is omitted because on December 13, 1994 the Honorable John K. Dietz, Judge of the 200th Judicial Court of Travis County, Texas, entered a final judgment permanently enjoining the proposed definition of "subluxation" on the basis that the Board has no authority to define the term. In deference to the court and pending a decision to appeal from the final judgment, the agency omits the definition of "subluxation" in sec.71.1 as adopted. New sec.71.3 is adopted to provide applicants with the information required to establish their qualifications to sit for the Texas licensure examination. As adopted sec.71.3 varies considerably, but not substantively from the proposed text. The proposed sec.71.3 and sec.71.12 discussed as follows contained duplicative language. As adopted the duplication is omitted resulting in more concise rules. New sec.71.3 will notify applicants for licensure that to be eligible to sit for the Texas examination, they must have satisfied the requirements of the Act, sec.10. New sec.71.12 implements the requirement found in the Act, sec.10 that candidates for licensure must have successfully passed all required and optional parts of the National Board Examination. It is adopted for two reasons: First, to publicize the fact that the board has determined that applicants holding National Board of Chiropractic Examiners' certificates have been adequately examined as required by the Act, sec.10; and second, to notify applicants that they must submit proof that they have successfully completed all required and optional parts of the National Board Examination. As adopted sec.71.12 omits language duplicating the requirements in sec.71.3, as adopted. New sec.71.12 will provide certainty to applicants that they must have completed all required and optional parts of the National Board Examination to be eligible for licensure in Texas. Comments on sec.71.1 were received from the Texas Chiropractic Association (TCA), the Texas Medical Association (TMA), the Chiropractic Society of Texas (CSA), and the Texas Physical Therapy Association (TPTA). Fourteen individuals also commented on this section. The TMA, pursuant to the authority of the Government Code sec.2001.030, requested that the agency provide a concise statement of the principal reasons for and against the adoption of these sections. This Association also requested the agency's statement for overruling the consideration urged against adoption. The board addresses TMA's request in this adoption preamble. The TPTA, the CST and the TMA objected to the definition of "subluxation" contending that the definition violated Article 4512(b) sec.4(c). The TPTA also commented that the definition of "subluxation" is unnecessary because the word is used nowhere else in the rules. The TPTA also commented that the agency does not have authority to define terms used in the Texas Chiropractic Act. The following is a summary of the principal reasons advanced by individuals against the definition of "subluxation": 1. The definition should delineate that a vertebral subluxation is not a dislocation. 2. The definition should include the factor of nerve energy transmission impairment. 3. The agency must use the definition developed by B.J. Palmer, D.C. 4. The definition is an attempt to broaden the scope of practice. 5. The definition should be limited to spinal subluxations. The board disagrees with most of the foregoing comments, although it does agreewith the TPTA that word "subluxation" is used nowhere else in the rules. As previously stated, however, the term "subluxation" is not included in the rule as adopted because of the existing final judgment. The TPTA commented against the proposed definition of "Biomechanical condition of the musculoskeletal system" in sec.71.1 for two reasons: First, the definition is unnecessary because the definition is used nowhere else in the rules. Second, the board has no authority to define terms used in the Texas Chiropractic Act. The Board agrees that the term is used nowhere else in its rules. Accordingly sec.71.1, as adopted, omits the proposed definition of the term "Biomechanical condition of the musculoskeletal system." The TCA and eight individuals commented in favor of this section. Comments on sec.71.3 and sec.71.12 were received from the TPTA, the TMA, the TCA and nine individuals. The TPTA commented against the use of the term "Physiotherapy" on the basis that the term's use by this board conflicts with the Physical Therapy Act. The TMA commented that this definition, if adopted, will allow chiropractors to represent to others that they are physiotherapists in violation of the Physical Therapy Act. The board disagrees with these comments. The Physical Therapy Act, Texas Civil Statutes, Article 4512e prohibits a person from practicing physical therapy without holding a license issued under that Act. Additionally that Act declares unlawful the use by a person or business in connection with a name or business activity the words "physical therapy", "physical therapist", "physiotherapy" or "physiotherapist" or the use of other means to indicate or imply that physical therapy is provided, unless provided by a physical therapist licensed under that Act. The board's use of the word "Physiotherapy" does not authorize licensees of this board to practice or to hold themselves out to the public as practicing physical therapy or physiotherapy. The board's use of the word "Physiotherapy" does not authorize chiropractors to use the words "physical therapy" or "physiotherapy" in their professional names or titles. The board's use of the word "Physiotherapy" does not authorize licensees of this board to indicate or imply in any way whatsoever that chiropractors furnish physical therapy or physical therapy services. The board's use of the word "Physiotherapy" is a reference to the title of the optional part of the National Board of Chiropractic Examiners Examination; a title given by the National Board, not this board. The Act sec.10(a) requires applicants for licensure to have successfully passed all required and optional parts of the examination given by the National Board of Chiropractic Examiners. If this board fails to require its applicants for licensure to have successfully completed the optional part of the National Board of Chiropractic Examiners Examination, the board will be violating a legislative directive. The TCA and the nine individuals expressed support for the new sections. The TCA commented that the rules will allow the general public to have access to safe and effective chiropractic care, and the rules reflect subjects currently being taught in chiropractic colleges. The individuals commented that the proposed sections are good for chiropractic and good for the state. One individual commented that the new sections will insure that all applicants are examined in all areas of the scope of practice of chiropractic. New sec.71.1 is adopted under the authority of the Act, sec.4(a), sec.4(c) sec.4a, and sec.1 and under the Government Code, Chapter 2001, sec.2001.004. The board interprets sec.4(a) as a grant to it by the legislature of authority to promulgate rules in harmony with the Act for the conduct of examinations of applicants for licensure to practice chiropractic. The board interprets sec.4(c) as a limitation on its rulemaking authority in defining acts and procedures that chiropractors may perform. The board, however, does not understand that sec.4(c) restricts its authority to establish definitions relating to the licensure process, or the organization of the board or agency staff, so long as the definitions are consistent with other provisions of the Act. The board interprets sec.4a as authorizing the board to exercise discretion in determining the rules necessary for the performance of its duties, the regulation of the practice of chiropractic and the enforcement of the Act, so long as the rules are consistent with the Act. The Act, sec.1 establishes the scope of practice of chiropractic, and while this section does not authorize or require specific rules, it does describe acts that constitute the practice of chiropractic. The Board interprets sec.sec.1, 13a and 4(c) as establishing parameters on the scope of practice of chiropractic and on the board's rulemaking authority. The Government Code, Chapter 2001, sec.2001.004 requires agencies to adopt rules of practice setting forth all available procedures, formal and informal. Several definitions in this section relate to procedures that are available under other sections of the agency's rules. New sec.71.3 and sec.71.12 are adopted under the authority of the Act, sec.sec.4(a), 4a, and 10. The Act, sec.4a authorizes the Board to make rules as may be necessary for the performance of its duties, the regulation of the practice of chiropractic, and the enforcement of the Act. The Act, sec.4(a) authorizes the Board to prescribe rules for the examination of applicants for licensure to practice chiropractic. The Act, sec.10 establishes the statutory requirement that applicants for licensure must have passed all required and optional parts of the National Board Examination. The board interprets these sections as collectively authorizing the board to enact rules describing by title the various required and optional parts of the National Board of Chiropractic Examiners Examination. sec.71.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Applicant-An individual who applies to take the examination for licensure given by the board. Board-The Texas Board of Chiropractic Examiners. Board member-One of the decision-making body defined in this section as the board. Examinee-An individual who has been approved and admitted to take the examination given by the board. Executive director -The Executive director of the board. Licensee-An individual who has been granted a license to practice chiropractic by the Texas Board of Chiropractic Examiners and whose license is active and not under suspension. Practitioner-A doctor of chiropractic, a doctor of medicine, a doctor of osteopathy, a doctor of podiatry, or a doctor of dentistry who is licensed and authorized to practice under the laws of this state. sec.71.3. Qualifications of Applicants. All applicants must comply with the application process and qualification criteria of the Texas Chiropractic Act, Article 4512b, sec.10. sec.71.12. National Board Examination. (a) The board determines that the written Examination by the National Board of Chiropractic Examiners complies in all material respects with the requirements of the Texas Chiropractic Act, Article 4512b. The passing score on each part of the National Board Examination is determined by a criterion-referenced standard setting approach, in which the passing score is set at a scaled score of 375. (b) All applicants shall take and pass Parts I, II, III and Physiotherapy of the National Board Examination. (c) Each applicant shall furnish a true and correct copy of the score report establishing that the applicant made a passing grade on each part of the National Board Examination. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 8, 1995. TRD-9502904 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: March 29, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 305-6700 Chapter 75. Rules of Practice 22 TAC sec.75.1 The Texas Board of Chiropractic Examiners adopts new sec.75.1, relating to grossly unprofessional or dishonorable conduct. The new section is adopted with changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8925). New sec.75.1 is adopted to define actions which will be considered unprofessional or dishonorable conduct of a character likely to deceive or defraud the public. The new section also describes other actions that exploit the chiropractor-patient relationship and provides penalties. As adopted sec.75. 1 differs from the published text in that subsection (a)(7) is omitted. This subsection was omitted in response to a public comment. Comments were received from the Texas Physical Therapy Association (TPTA), the Texas Medical Association (TMA), and the Texas Chiropractic Association (TCA). Comments were also received from seven individuals. The TCA commented that this will allow the general public to have access to safe and effective chiropractic care. The individuals commented that the proposal is good for chiropractic and good for the state. The TMA, pursuant to the authority of the Government Code sec.2001.030, requested that the agency provide a concise statement of the principal reasons for and against the adoption of this section. This Association also requested the agency's statement for overruling the consideration urged against adoption. The board addresses TMA's request in this adoption preamble. The TPTA commented that under subsection (a)(7) it is unclear what techniques, adjunctive therapies and instruments come within the scope of practice of chiropractic. The TPTA also commented that the rule is unenforceable due to vagueness. The board agrees with this comment and subsection (a)(7) is omitted from the rule, as adopted. The TMA commented that subsection (a)(7) violates the Act, sec.4(c) and does not actually define unacceptable practices of chiropractic. The board agrees with this comment to the extent that the subsection (a)(7) may lack the specificity required to be enforceable. As stated above subsection (a)(7) is omitted from the adopted rule. The TMA also commented that this subsection is an attempt to expand the meaning of the practice of chiropractic. The Board disagrees with the latter comment. If this Board desired to expand the meaning of the practice of chiropractic, it would not attempt to do so by proposing a subsection describing grossly unprofessional conduct and prescribing penalties. New sec.75.1 is adopted under the authority of the Texas Chiropractic Act, Article 4512b, sec.sec.4a, 4(c) and 14a. The Board interprets sec.4a as authorizing rules regulating the practice of chiropractic. The Board interprets sec.4(c) as authorizing rules defining unacceptable practices of chiropractic and providing penalties. The Board interprets sec.14 as authorizing license revocation or suspension by the board of individuals who engage in unprofessional or dishonorable conduct of a character likely to deceive or defraud the public. sec.75.1. Grossly Unprofessional Conduct. (a) It shall be considered grossly unprofessional conduct for a licensee: (1) to maintain unsanitary or unsafe equipment; (2) to fail to use the word "chiropractor," "Doctor, D.C.," or "Doctor of Chiropractic, D.C." in all advertising signs, letterheads, etc.; (3) to engage in sexual misconduct with a patient within the chiropractic/patient relationship; (4) to exploit patients through the fraudulent use of chiropractic services which result in financial gain for a licensee or a third party. The rendering of chiropractic services becomes fraudulent when the services rendered or goods or appliances sold by a chiropractor to a patient are clearly excessive to the justified needs of the patient as determined by accepted standards of the chiropractic profession; (5) to submit a claim for chiropractic services, goods or appliances to a patient or a third-party payer which contains charges for services not actually rendered or goods or appliances not actually sold; (6) to fail to disclose, upon request by a patient or his or her duly authorized representative, the full amount charged for any service rendered or goods supplied. (b) Penalties for engaging in gross unprofessional conduct shall be determined in accordance with sec.75.10 of this title (relating to Administrative Fines and Penalties). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 8, 1995. TRD-9502905 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: March 29, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 305-6700 Chapter 79. Provisional Licensure 22 TAC sec.79.1 The Texas Board of Chiropractic Examiners adopts new sec.79.1, relating to provisional licensure, with changes to the proposed text as published in the November 18, 1994, issue of the Texas Register (19 TexReg 9092). New sec.79.1 is adopted to provide out-of-state applicants with information regarding the qualifications they must establish and the procedures they must follow to qualify for a provisional license. This section is also adopted to establish the criteria the board will apply to determine whether or not another state's professional standards and licensing requirements are "equivalent" and "substantially equivalent to the Texas standards and requirements. As adopted sec.79.1 differs from the published text in that the reference to sec.79.2 in subsection (a)(2) is omitted. The reference is omitted because the board has determined that sec.79.2 is unnecessary. Comments on sec.79.1 were received from the Texas Chiropractic Association (TCA), the Texas Medical Association (TMA), and the Texas Physical Therapy Association (TPTA). One individual also commented on this section. The TMA, pursuant to the authority of the Government Code, sec.2001.030, requested that the agency provide a concise statement of the principal reasons for and against the adoption of these sections. This Association also requested the agency's statement for overruling the consideration urged against adoption. The board addresses TMA's request in this adoption preamble. The TPTA commented against the use of the term "Physiotherapy" on the basis that the term's use by this board conflicts with the Physical Therapy Act. The TMA commented that this definition, if adopted, will allow chiropractors to represent to others that they are physiotherapists, in violation of the Physical Therapy Act. The board disagrees with these comments. The Physical Therapy Act, Texas Civil Statutes, Article 4512e prohibits a person from practicing physical therapy without holding a license issued under that Act. Additionally that Act declares unlawful the use by a person or business in connection with a name or business activity the words "physical therapy", "physical therapist", "physiotherapy" or "physiotherapist" or the use of other means to indicate or imply that physical therapy is provided, unless provided by a physical therapist licensed under that Act. The board's use of the word "Physiotherapy" does not authorize licensees of this board to practice or to hold themselves out to the public as practicing physical therapy or physiotherapy. The board's use of the word "Physiotherapy does not authorize chiropractors to use the words "physical therapy" or "physiotherapy" in their professional names. The board's use of the word "Physiotherapy" does not authorize licensees of this board to indicate or imply in any way whatsoever that chiropractors furnish physical therapy or physical therapy services. The board's use of the word "Physiotherapy" is a reference to the title of the optional part of the National Board of Chiropractic Examiners Examination, a title given by the National Board, not this board. The Act sec.10(a) requires applicants for licensure to have successfully passed all required and optional parts of the examination given by the National Board of Chiropractic Examiners. The board interprets this provision to apply to applicants for provisional licensure under the Act, sec.9a. The TPTA also commented that sec.79.1 and sec.79.2 have different requirements with respect to the National Board Examination; yet each section refers to the requirements of the other, resulting in two sections which, when read together, do not make sense. The board agrees with this comment and additionally has concluded that all applicants for provisional licensure must have passed all required and optional parts of the National Board Examination regardless of when they matriculated. Accordingly proposed sec.79.2 is withdrawn. The TCA and the seven individuals expressed support for the new sections. The TCA commented that the rules will allow the general public to have access to safe and effective chiropractic care, and the rules reflect subjects currently being taught in chiropractic colleges. Six individuals commented that the proposed sections are good for chiropractic and good for the state. One individual commented that the new section will insure that all applicants are fairly treated. New sec.79.1 is adopted under the authority of the Act, sec.sec.4(a), 4a, 9, and 10. The board interprets sec.4(a) as authorizing the Board to prescribe rules for the examination of applicants for licensure to practice chiropractic. The board interprets sec.4a as authorizing the board to exercise discretion in determining the rules necessary for the performance of its duties, the regulation of the practice of chiropractic and the enforcement of the Act, so long as the rules are consistent with the Act. The board interprets the Act, sec.9 as authorizing it to establish criteria for the purposes of determining whether or not another jurisdiction's professional standards and licensing requirements are "equivalent" or "substantially equivalent" to the same standards and requirements in this state. The board also interprets the sec.9 as authorizing it to establish specific requirements for provisional licensure with respect to the Examination sponsored by the National Board of Chiropractic Examiners, sponsorship, applications, and fees. The Act, sec.10 establishes the statutory requirement that applicants for licensure must have passed all required and optional parts of the National Board Examination. The board interprets these sections collectively as authorizing it to require applicants for provisional licensure to meet the same qualification requirements as residents of this state. sec.79.1. General Requirements for Provisional Licensure. (a) Requirements for Provisional License. A candidate may apply for a provisional license under the following circumstances. (1) The applicant must be licensed in good standing as a doctor of chiropractic in another state, the District of Columbia, or a territory of the United States, that has licensing requirements that are substantially equivalent to the requirements of the Texas Chiropractic Act, and must furnish proof of such licensure on board forms provided. For the purposes of this chapter, the term "substantially equivalent" means that the jurisdiction from which the doctor is requesting provisional licensure has equivalent practices and requirements in the following areas: (A) scope of practice; (B) continuing education; (C) license renewal; (D) enforcement practices; (E) examination requirements; (F) undergraduate education requirements; (G) Chiropractic education requirements. (2) The applicant must have passed the National Board of Chiropractic Examiners Examination Part I, II, III and Physiotherapy and must submit a true and correct copy of the applicant's score report. (3) The applicant must not have failed a licensure exam conducted by the board. (4) The application must be accompanied by the affidavit required by the Texas Chiropractic Act, sec.9(a). (b) Sponsorship. A candidate for provisional licensure must be sponsored by a doctor of chiropractic who is currently licensed by the board with the following conditions applicable. (1) Prior to practice in Texas, on forms provided by the board, the sponsor licensee will certify to the board the following: (A) that such candidate will be working within the same office as the licensee, under direct supervision of the sponsor licensee; (B) that such sponsor licensee is aware of the Texas Chiropractic Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license. (2) Sponsor licensee will be held responsible for the unauthorized practice of chiropractic should such provisional license expire. (c) The applicant must have practiced chiropractic for two years prior to applying for Texas license. (d) The application must be completed within one year of initial application date. (e) The applicant must have been licensed by examination in the jurisdiction from which the applicant desires a provisional license. (f) Hardship. An applicant for a provisional license may be excused from the requirements of sponsorship if the Board determines that compliance constitutes a hardship to the applicant. (g) Application and Fee. (1) The candidate for provisional licensure will be subject to all application requirements required by sec.71.2 of this title (relating to Application for Licensure) and subject to the applicable fees established under sec.75.7 of this title (relating to Chiropractic Fees). (2) No provisional license can be issued until all application forms and fees are received in the Board Office and the application is approved. (3) A provisional license expires upon the earlier to occur of the passage of 180 days or notice by the board of the candidate's successful passage or failure of all examinations required. It shall be the responsibility of the candidate and sponsor to return the provisional license to the Board Office upon expiration. (4) The candidate's failure to sit for the first scheduled board examination following application for examination invalidates the provisional license, unless in the discretion of the board, sufficient and reasonable evidence regarding nonappearance exits. (5) Each candidate for provisional license shall receive only one nonrenewable license prior to the issuance of a chiropractic license. (6) The holder of a provisional license must sit for and pass the jurisprudence part of the Texas Examination with a grade of 75% or better during the term of the provisional license. (h) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Texas Chiropractic Act or board rules, such provisional license will be subject to termination. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 8, 1995. TRD-9502906 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: March 29, 1995 Proposal publication date: November 18, 1994 For further information, please call: (512) 305-6700 Chapter 80. Practice of Chiropractic 22 TAC sec.80.1 The Texas Board of Chiropractic Examiners adopts new sec.80.1, relating to the delegation of authority, without changes to the proposed text as published in the November 15, 1994, issue of the Texas Register (19 TexReg 8926). New sec.80.1 is adopted to notify the chiropractic profession that, under limited circumstances as set out in the rule, students in chiropractic colleges may perform adjustments or manipulations. This new section is also adopted to notify the chiropractic profession that chiropractic tasks and procedures may be delegated only to properly qualified and trained assistants acting under the supervision of the delegating chiropractor. This rule will provide greater certainty to the profession regarding delegation of authority. Comments on sec.80.1 were received from the Texas Chiropractic Association (TCA), the Texas Medical Association (TMA) and ten individuals. The TMA, pursuant to the authority of the Government Code, sec.2001.030, requested that the agency provide a concise statement of the principle reasons for and against the adoption of these selections. This Association also requested the agency's statement for overruling the consideration urged against adoption. The board addresses TMA's request in this adoption preamble. The TCA expressed general support for this section as allowing the general public to have access to safe and effective chiropractic care. Seven individuals commented that this section is good for chiropractic and good for the state. The TMA commented that this rule allows the board to define the practice of chiropractic in violation of the Act, sec.4(c). The TMA also commented that this section allows chiropractors to delegate certain high-risk procedures such as mylograms to non-physicians. The Board disagrees with these comments. This section is not an attempt by this board to define the scope of practice of chiropractic. Neither is this section an attempt by this board to authorize chiropractors to delegate high-risk procedures to unqualified, untrained or unlicensed individuals. The board recognizes that it sits in a position of public trust, and nothing in this new section is intended to lessen the quality of care that patients of doctors of chiropractic are entitled to receive. The board has the affirmative duty to establish guidelines relating to tasks and procedures that chiropractors may delegate to assistants. Subsection (c), as adopted, authorizes the delegation of chiropractic tasks and procedures only to qualified and properly trained assistants. Two individuals commented that allowing students to perform adjustments will reduce the quality of adjustments. The board disagrees with these comments because the circumstances under which students may perform manipulations or adjustments are so narrowly limited that the quality of care should not be reduced. In the event that the quality of adjustments or manipulations is an issue, however, it should be addressed by the legislature because the Act, sec.5a specifically allows students to engage in all phases of clinical practice under the circumstances set forth in this rule. Two individuals commented that consideration should be given to malpractice insurance concerns. The board disagrees with these comments. This rule neither requires chiropractors to allow students to perform adjustments nor mandates that chiropractors delegate any specific tasks to assistants. Delegation of tasks is discretionary with each practitioner. New sec.80.1 is adopted under the authority of the Act, sec.sec.4a, 5a, and 6. The board interprets sec.4a as authorizing this rule because it is necessary for the regulation of chiropractic. The board interprets sec.5a as authorizing this rule insofar as it relates to the performance of adjustments and manipulations by chiropractic students. The board interprets sec.6(a) as requiring a rule establishing guidelines relating to tasks and procedures that doctors of chiropractic may delegate to assistants. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 8, 1995. TRD-9502908 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: March 29, 1995 Proposal publication date: November 15, 1994 For further information, please call: (512) 305-6700 Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration Definitions 22 TAC sec.231.1 The Board of Vocational Nurse Examiners adopts the amendment of sec.231.1, relating to definitions, without changes to the proposed text as published in the February 3, 1995, issue of the Texas Register (20 TexReg 615). The amendment is adopted to define the term "licensee" and "active license". This will assist in understanding what the terms refer to when being used. No comments were received relative to the adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on March 6, 1995. TRD-9502851 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: March 27, 1995 Proposal publication date: February 3, 1995 For further information, please call: (512) 835-2071 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 87. Treatment Basic Care Services 37 TAC sec.87.73 The Texas Youth Commission (TYC) adopts an amendment to sec.87.73, concerning clothing, without changes to the proposed text as published in the February 3, 1995, issue of the Texas Register (20 TexReg 619). The justification for amending the section is for TYC to have a more efficient system for providing clothing for TYC youth. The amendment will allow for youth in certain TYC programs to wear uniforms. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed rule implements the Human Resource Code, sec.61.034. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on March 6, 1995. TRD-9502829 Steve Robinson Executive Director Texas Youth Commission Effective date: March 27, 1995 Proposal publication date: February 3, 1995 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.3 The Texas Youth Commission (TYC) adopts an amendment to sec.91.3, concerning rules of conduct, contraband and dress, without changes to the proposed text as published in the January 27, 1995, issue of the Texas Register (20 TexReg 421). The justification for amending the section is for TYC to require hair styles for TYC youth that are appropriate to the specific TYC program. The amendment will allow for TYC programs to require youth to wear their hair in a uniform style. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed rule implements the Human Resource Code, sec.61.034. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on March 6, 1995. TRD-9502830 Steve Robinson Executive Director Texas Youth Commission Effective date: March 27, 1995 Proposal publication date: January 27, 1995 For further information, please call: (512) 483-5244