73R9981 CLG-D
By Counts, Berlanga H.B. No. 2645
Substitute the following for H.B. No. 2645:
By Berlanga C.S.H.B. No. 2645
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Board of
1-3 Chiropractic Examiners and to the regulation of the practice of
1-4 chiropractic; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3, Chapter 94, Acts of the 51st
1-7 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 3. (a) A Board to be known as "The Texas Board of
1-10 Chiropractic Examiners" is hereby created. No member of said Board
1-11 shall be a member of the faculty or Board of Trustees of any
1-12 chiropractic school; and all appointments to said Board shall be
1-13 subject to the confirmation of the Senate. The Texas Board of
1-14 Chiropractic Examiners, which hereinafter may be referred to as
1-15 "The Board," shall be composed of nine (9) members, appointed by
1-16 the Governor, whose duty it shall be to carry out the purposes and
1-17 enforce the provisions of this Act. Appointments to the Board
1-18 shall be made without regard to the race, color, disability
1-19 <creed>, sex, religion, age, or national origin of the appointees.
1-20 (b) Six (6) members must be reputable practicing
1-21 chiropractors who have resided in this State for a period of five
1-22 (5) years preceding their appointment. Three (3) members must be
1-23 representatives <members> of the general public. A person is not
1-24 eligible for appointment as a public member of the Board if the
2-1 person or the person's spouse:
2-2 (1) is registered, certified, or licensed by an
2-3 occupational regulatory agency in the field of health care;
2-4 (2) is employed by or participates in the management
2-5 of a business entity or other organization regulated by the Board
2-6 or receiving funds from the Board; or <that provides health-care
2-7 services or that sells, manufactures, or distributes health-care
2-8 supplies or equipment>; <or>
2-9 (3) owns or<,> controls, <or has,> directly or
2-10 indirectly, more than a 10 <ten> percent <(10%)> interest in a
2-11 business entity or other organization regulated by the Board or
2-12 receiving funds from the Board; or <that provides health-care
2-13 services or that sells, manufactures, or distributes health-care
2-14 supplies or equipment>
2-15 (4) uses or receives a substantial amount of tangible
2-16 goods, services, or funds from the Board, other than compensation
2-17 or reimbursement authorized by law for Board membership,
2-18 attendance, or expenses.
2-19 (c) Five (5) members of the Board shall constitute a quorum.
2-20 No member of said Board shall be a stockholder, or have any
2-21 financial interest whatsoever in any chiropractic school or
2-22 college.
2-23 (d) An officer, employee, or paid consultant of a Texas
2-24 professional or trade association in the field of health care may
2-25 not be a member or employee of the Board who is exempt from the
2-26 state's position classification plan or is compensated at or above
2-27 the amount prescribed by the General Appropriations Act for step 1,
3-1 salary group 17, of the position classification salary schedule <A
3-2 member or employee of the Board may not be an officer, employee, or
3-3 paid consultant of a statewide or national trade association in the
3-4 health-care industry>.
3-5 (e) A person who is the spouse of, or who is related within
3-6 the first degree by affinity or within the first degree by
3-7 consanguinity to, an officer, manager, or paid consultant of a
3-8 Texas professional or trade association in the field of health care
3-9 may not be a Board member and may not be an employee of the Board
3-10 who is exempt from the state's position classification plan or is
3-11 compensated at or above the amount prescribed by the General
3-12 Appropriations Act for step 1, salary group 17, of the position
3-13 classification salary schedule <A member or employee of the Board
3-14 may not be related within the second degree by affinity or within
3-15 the second degree by consanguinity, as determined under Article
3-16 5996h, Revised Statutes, to a person who is an officer, employee,
3-17 or paid consultant of a statewide or national trade association in
3-18 the regulated industry>.
3-19 (f) For the purposes of Subsections (d) and (e) of this
3-20 section, a Texas professional or trade association is a nonprofit,
3-21 cooperative, and voluntarily joined association of business or
3-22 professional competitors in this state designed to assist its
3-23 members and its industry or profession in dealing with mutual
3-24 business or professional problems and in promoting their common
3-25 interest.
3-26 (g) <(f)> A person may not serve as a member of the Board or
3-27 act as the general counsel to the Board if the person <who> is
4-1 required to register as a lobbyist under Chapter 305, Government
4-2 Code, because of the person's activities for compensation on behalf
4-3 of a profession related to the operation of the Board <may not
4-4 serve as a member of the Board or act as the general counsel to the
4-5 Board>.
4-6 (h) <(g)> The members of the Texas Board of Chiropractic
4-7 Examiners shall be divided into three (3) classes, one, two and
4-8 three, and are appointed for staggered six-year terms, with three
4-9 members' terms expiring on February 1 of each odd-numbered year
4-10 <their respective terms of office shall be determined by the
4-11 Governor at the time of the first appointments hereunder>. Members
4-12 hold office for their terms <six (6) years> and until their
4-13 successors are duly appointed and qualified. In case of death or
4-14 resignation of a member of the Board, the Governor shall appoint
4-15 another to take his place for the unexpired term only.
4-16 (i) <(h)> The Texas Board of Chiropractic Examiners is
4-17 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-18 continued in existence as provided by that chapter, the board is
4-19 abolished and this Act expires September 1, 2005 <1993>.
4-20 SECTION 2. Section 3a, Chapter 94, Acts of the 51st
4-21 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
4-22 Civil Statutes), is amended to read as follows:
4-23 Sec. 3a. (a) The Board shall prepare information of public
4-24 <consumer> interest describing the <regulatory> functions of the
4-25 Board and <describing> the Board's procedures by which <consumer>
4-26 complaints are filed with and resolved by the Board. The Board
4-27 shall make the information available to the <general> public and
5-1 appropriate state agencies.
5-2 (b) The Board by rule shall establish methods by which
5-3 consumers and service recipients are notified of the name, mailing
5-4 address, and telephone number of the Board for the purpose of
5-5 directing complaints to the Board. The Board may provide for that
5-6 notification:
5-7 (1) on each registration form, application, or written
5-8 contract for services of an individual or entity regulated by the
5-9 Board; or
5-10 (2) on a sign prominently displayed in the place of
5-11 business of each individual or entity regulated by the Board.
5-12 (c) The Board shall list along with its regular telephone
5-13 number the toll-free telephone number that may be called to present
5-14 a complaint about a health professional if the toll-free number is
5-15 established under other state law <There shall at all times be
5-16 prominently displayed in the place of business of each licensee
5-17 regulated under this Act a sign containing the name, mailing
5-18 address, and telephone number of the Board and a statement
5-19 informing consumers that complaints against licensees can be
5-20 directed to the Board>.
5-21 SECTION 3. Section 3b, Chapter 94, Acts of the 51st
5-22 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
5-23 Civil Statutes), is amended to read as follows:
5-24 Sec. 3b. (a) It is a ground for removal from the Board if a
5-25 member:
5-26 (1) does not have at the time of appointment the
5-27 qualifications required by Subsection (b) of Section 3 of this Act
6-1 <for appointment to the Board>;
6-2 (2) does not maintain during <the> service on the
6-3 Board the qualifications required by Subsection (b) of Section 3 of
6-4 this Act <for appointment to the Board>;
6-5 (3) violates a prohibition established by Subsection
6-6 (d), (e), or (g) <(f)> of Section 3 of this Act; <or>
6-7 (4) cannot discharge the member's term for a
6-8 substantial part of the term for which the member is appointed
6-9 because of illness or disability; or
6-10 (5) is absent from more than half <does not attend at
6-11 least one-half> of the regularly scheduled Board meetings that the
6-12 member is eligible to attend during <held by the Board in> a
6-13 calendar year unless the absence is excused by majority vote<,
6-14 excluding meetings held while the person was not a member> of the
6-15 Board.
6-16 (b) The validity of an action of the Board is not affected
6-17 by the fact that it was taken when a ground for removal of a Board
6-18 member exists <of the Board existed>.
6-19 (c) If the executive director has knowledge that a potential
6-20 ground for removal exists, the executive director shall notify the
6-21 president of the Board of the ground. The president shall then
6-22 notify the governor that a potential ground for removal exists.
6-23 SECTION 4. Chapter 94, Acts of the 51st Legislature, Regular
6-24 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
6-25 amended by adding Section 3c to read as follows:
6-26 Sec. 3c. (a) Each Board member shall comply with the Board
6-27 member training requirements established by any other state agency
7-1 that is given authority to establish the requirements for the
7-2 Board.
7-3 (b) The Board shall provide to its members and employees, as
7-4 often as necessary, information regarding their qualifications for
7-5 office or employment under this Act and their responsibilities
7-6 under applicable laws relating to standards of conduct for state
7-7 officers or employees.
7-8 SECTION 5. Chapter 94, Acts of the 51st Legislature, Regular
7-9 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
7-10 amended by adding Section 3d to read as follows:
7-11 Sec. 3d. The Board shall develop and implement policies that
7-12 clearly define the respective responsibilities of the Board and the
7-13 staff of the Board.
7-14 SECTION 6. Section 4, Chapter 94, Acts of the 51st
7-15 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
7-16 Civil Statutes), is amended to read as follows:
7-17 Sec. 4. (a) Each member of the Texas Board of Chiropractic
7-18 Examiners shall qualify by taking the Constitutional Oath. At the
7-19 first meeting of said Board after each biennial appointment, the
7-20 Board shall elect <a president,> a vice-president and a
7-21 secretary-treasurer from its members. The governor shall designate
7-22 a member of the Board to act as the president of the Board at the
7-23 pleasure of the governor. Regular meetings shall be held to
7-24 examine applicants and for the transaction of business at least
7-25 twice a year at such time and place as may be determined by the
7-26 Board. Special meetings may be held on a call of three (3) members
7-27 of the Board. The Board may prescribe rules, regulations and
8-1 bylaws in harmony with the provisions of this Act for its own
8-2 proceedings and government for the examination of applicants for
8-3 license to practice chiropractic. The secretary-treasurer shall
8-4 make and file a surety bond in favor of the Texas Board of
8-5 Chiropractic Examiners in the sum of not less than Five Thousand
8-6 Dollars ($5,000) conditioned that he will faithfully discharge the
8-7 duties of his office.
8-8 (b) The Board <Board/commission> is subject to the open
8-9 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
8-10 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
8-11 Statutes), and the Administrative Procedure and Texas Register Act,
8-12 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
8-13 (c) <If the appropriate standing committees of both houses
8-14 of the Legislature acting under Subsection (g), Section 5,
8-15 Administrative Procedure and Texas Register Act, as amended
8-16 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
8-17 Board/commission statements opposing adoption of a rule under that
8-18 section, the rule may not take effect, or if the rule has already
8-19 taken effect, the rule is repealed effective on the date the
8-20 Board/commission receives the committee's statements.>
8-21 <(d)> The Board shall adopt guidelines for educational
8-22 preparation and acceptable practices for all aspects of the
8-23 practice of chiropractic.
8-24 (d) <(e)> The <On or before January 1 of each year, the>
8-25 Board shall file annually with the Governor and the presiding
8-26 officer of each house of the Legislature a complete and detailed
8-27 written report accounting for all funds received and disbursed by
9-1 the Board during <in> the preceding fiscal year. The annual report
9-2 must be in the form and reported in the time provided by the
9-3 General Appropriations Act.
9-4 (e) <(f)> The executive director or the executive director's
9-5 designee <Board> shall develop an intra-agency <intraagency> career
9-6 ladder program. The program shall require intra-agency posting of
9-7 all<, one part of which shall be the intraagency posting of each
9-8 job-opening with the Board in a> nonentry level positions
9-9 concurrently with any public posting <position. The intraagency
9-10 posting shall be made at least ten (10) days before any public
9-11 posting is made>.
9-12 (f) <(g)> The executive director or the executive director's
9-13 designee <Board> shall develop a system of annual performance
9-14 evaluations <of the Board's employees based on measurable job
9-15 tasks>. All <Any> merit pay for <authorized by the> Board
9-16 employees must <shall> be based on the system established under
9-17 this subsection.
9-18 SECTION 7. Chapter 94, Acts of the 51st Legislature, Regular
9-19 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
9-20 amended by adding Sections 4c and 4d to read as follows:
9-21 Sec. 4c. (a) The executive director or the executive
9-22 director's designee shall prepare and maintain a written policy
9-23 statement to ensure implementation of a program of equal employment
9-24 opportunity under which all personnel transactions are made without
9-25 regard to race, color, disability, sex, religion, age, or national
9-26 origin. The policy statement must include:
9-27 (1) personnel policies, including policies relating to
10-1 recruitment, evaluation, selection, application, training, and
10-2 promotion of personnel that are in compliance with the Commission
10-3 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
10-4 and its subsequent amendments;
10-5 (2) a comprehensive analysis of the Board work force
10-6 that meets federal and state guidelines;
10-7 (3) procedures by which a determination can be made of
10-8 significant underuse in the Board work force of all persons for
10-9 whom federal or state guidelines encourage a more equitable
10-10 balance; and
10-11 (4) reasonable methods to appropriately address those
10-12 areas of underuse.
10-13 (b) A policy statement prepared under Subsection (a) of this
10-14 section must cover an annual period, be updated annually, be
10-15 reviewed by the Commission on Human Rights for compliance with
10-16 Subsection (a)(1) of this section, and be filed with the governor's
10-17 office.
10-18 (c) The governor's office shall deliver a biennial report to
10-19 the legislature based on the information received under Subsection
10-20 (b) of this section. The report may be made separately or as part
10-21 of other biennial reports to the legislature.
10-22 Sec. 4d. (a) The Board shall develop and implement policies
10-23 that provide the public with a reasonable opportunity to appear
10-24 before the Board and to speak on any issue under the jurisdiction
10-25 of the Board.
10-26 (b) The Board shall prepare and maintain a written plan that
10-27 describes how a person who does not speak English can be provided
11-1 reasonable access to the Board's programs. The Board shall also
11-2 comply with federal and state laws for program and facility
11-3 accessibility.
11-4 SECTION 8. Section 8a, Chapter 94, Acts of the 51st
11-5 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
11-6 Civil Statutes), is amended by amending Subsections (a) and (e) and
11-7 adding Subsection (f) to read as follows:
11-8 (a) Practicing chiropractic as defined in Section 1 of this
11-9 Act without an annual renewal <registration> receipt for the
11-10 current year as provided herein shall have the same force and
11-11 effect and be subject to all penalties of practicing chiropractic
11-12 without a license.
11-13 (e) If a person's license has been expired for one (1) year
11-14 or longer, the person may not renew the license. The person may
11-15 obtain a new license by submitting to reexamination and complying
11-16 with the requirements and procedures for obtaining an original
11-17 license. However, the Board may renew without reexamination an
11-18 expired license of a person who was licensed in this state, moved
11-19 to another state, and is currently licensed and has been in
11-20 practice in the other state for the two years preceding
11-21 application. The person must pay to the Board a fee that is equal
11-22 to the examination fee for the license.
11-23 (f) At least 30 days before the expiration of a person's
11-24 license, the Board shall send written notice of the impending
11-25 license expiration to the person at the licensee's last known
11-26 address according to the records of the Board.
11-27 SECTION 9. Section 8b, Chapter 94, Acts of the 51st
12-1 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
12-2 Civil Statutes), is amended to read as follows:
12-3 Sec. 8b. (a) The provisions of this Act shall apply to all
12-4 persons licensed by the Texas Board of Chiropractic Examiners and
12-5 the annual renewal <registration> fee shall apply to all persons
12-6 licensed by the Texas Board of Chiropractic Examiners, whether or
12-7 not they are practicing within the borders of this State. <As a
12-8 prerequisite to the annual registration or renewal and before the
12-9 chiropractic registration or renewal may be issued, the licensee
12-10 shall present to the Board satisfactory evidence that in the year
12-11 preceding the application for renewal said licensee attended two
12-12 (2) days of continuing educational courses approved by the Board.
12-13 A person licensed by examination during the twelve (12) months
12-14 immediately preceding the January 1st renewal date shall be granted
12-15 renewal without attending the educational programs. Unless the
12-16 exemption provided by this subsection applies, if a licensee fails
12-17 to meet the continuing education requirement the Board may place
12-18 the licensee on probation for a period not to exceed twelve (12)
12-19 months. The Board by rule may set conditions for reinstatement of
12-20 a license during the probationary period. If the licensee fails to
12-21 satisfy the requirements for reinstatement, the licensee may obtain
12-22 a new license only by complying with the requirements and
12-23 procedures for obtaining an original license.>
12-24 (b) The Board shall notify licensees of approved continuing
12-25 education courses at least annually.
12-26 (c) The Board by rule shall adopt requirements for mandatory
12-27 continuing education for licensees under this Act in subjects
13-1 pertaining to the practice of chiropractic. The Board by rule
13-2 shall establish a minimum number of hours of continuing education
13-3 required to renew a license. The Board may assess the continuing
13-4 education needs of licensees and may require licensees to attend
13-5 continuing education courses specified by the Board. The Board by
13-6 rule shall develop a process to evaluate and approve continuing
13-7 education courses.
13-8 (d) The Board shall identify the key factors for the
13-9 competent performance by a licensee of the licensee's professional
13-10 duties. The Board shall adopt a procedure to assess a licensee's
13-11 participation and performance in continuing education programs.
13-12 SECTION 10. Section 8c, Chapter 94, Acts of the 51st
13-13 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
13-14 Civil Statutes), is amended to read as follows:
13-15 Sec. 8c. The Board by rule may adopt a system under which
13-16 licenses <registrations> expire on various dates during the year.
13-17 For the year in which the license expiration date is changed,
13-18 license <registration> fees payable on January 1 shall be prorated
13-19 on a monthly basis so that each licensee <registrant> shall pay
13-20 only that portion of the license <registration> fee that <which> is
13-21 allocable to the number of months during which the license
13-22 <registration> is valid. On renewal of the license <registration>
13-23 on the new expiration date, the total license renewal
13-24 <registration> fee is payable.
13-25 SECTION 11. Section 8d, Chapter 94, Acts of the 51st
13-26 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
13-27 Civil Statutes), is amended by adding Subsection (e) to read as
14-1 follows:
14-2 (e) Rules adopted under this section shall include a time
14-3 limit for a licensee to remain on inactive status.
14-4 SECTION 12. Chapter 94, Acts of the 51st Legislature,
14-5 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
14-6 Statutes), is amended by adding Section 8e to read as follows:
14-7 Sec. 8e. The Board by rule may provide for the issuance of a
14-8 temporary license. Rules adopted under this section shall include
14-9 a time limit for a person who holds a temporary license.
14-10 SECTION 13. Section 9, Chapter 94, Acts of the 51st
14-11 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
14-12 Civil Statutes), is amended to read as follows:
14-13 Sec. 9. (a) The Texas Board of Chiropractic Examiners may
14-14 upon payment by an applicant of a fee grant a provisional license
14-15 to practice chiropractic to an applicant who presents proof of a
14-16 current license in another state, the District of Columbia, a
14-17 territory of the United States, or a foreign country that maintains
14-18 professional standards considered by the Board to be equivalent to
14-19 those set forth in this Act <licentiates of other states or
14-20 territories having requirements and practices equivalent to those
14-21 established by the laws of this State, provided said applicant has
14-22 continuously practiced chiropractic for not less than five years
14-23 preceding the applicant's application to the Board>. Applications
14-24 for license under the provisions of this Section shall be in
14-25 writing, and upon a form to be prescribed by the Texas Board of
14-26 Chiropractic Examiners. Said application shall be accompanied by a
14-27 license, or a certified copy of license to practice chiropractic,
15-1 lawfully issued to the applicant, upon examination, by some other
15-2 state, the District of Columbia, a <or> territory of the United
15-3 States, or a foreign country. Said application shall also be
15-4 accompanied by an affidavit made by the president or secretary of
15-5 the Board of Chiropractic Examiners which issued the said license,
15-6 or by a legally constituted chiropractic registration officer of
15-7 the state, District of Columbia, <or> territory, or foreign country
15-8 by which the license was granted, and on which the application for
15-9 chiropractic registration in Texas is based, reciting that the
15-10 accompanying license has not been cancelled or revoked, and that
15-11 the statement or qualifications made in the application for
15-12 chiropractic license in Texas is true and correct. Applicants for
15-13 license under the provisions of this Section shall subscribe to an
15-14 oath in writing before an officer authorized by law to administer
15-15 oaths, which shall be a part of said application, stating that the
15-16 license under which the applicant practiced chiropractic in the
15-17 State, the District of Columbia, the foreign country, or the
15-18 territory from which the applicant removed, was at the time of such
15-19 removal in full force, and not suspended or cancelled. Said
15-20 application shall also state that the applicant is the identical
15-21 person to whom the said certificate was issued, and that no
15-22 proceeding has been instituted against the applicant for the
15-23 cancellation of said certificate to practice chiropractic in the
15-24 State, District of Columbia, foreign country, or territory by which
15-25 the same was issued; and that no prosecution is pending against the
15-26 applicant in any State or Federal Court for any offense which,
15-27 under the law of Texas is a felony. An applicant for a provisional
16-1 license under this section must:
16-2 (1) be licensed in good standing as a chiropractor at
16-3 least two years in another state, the District of Columbia, a
16-4 foreign country, or a territory of the United States that has
16-5 licensing requirements that are substantially equivalent to the
16-6 requirements of this Act;
16-7 (2) have passed a national or other examination
16-8 recognized by the Board relating to the practice of chiropractic;
16-9 and
16-10 (3) be sponsored by a person licensed by the Board
16-11 under this Act with whom the provisional licensee may practice
16-12 under this section.
16-13 (b) An applicant for a provisional license may be excused
16-14 from the requirement of Subsection (a)(3) of this section if the
16-15 Board determines that compliance with that subsection constitutes a
16-16 hardship to the applicant.
16-17 (c) A provisional license is valid until the date the Board
16-18 approves or denies the provisional licensee's application for a
16-19 license. The Board shall issue a license under this Act to the
16-20 holder of a provisional license under this section if:
16-21 (1) the provisional licensee passes the part of the
16-22 examination under Section 10 of this Act that pertains to the
16-23 applicant's knowledge and understanding of the laws and regulations
16-24 relating to the practice of chiropractic in this State;
16-25 (2) the Board verifies that the provisional licensee
16-26 has the academic and experience requirements for a license under
16-27 this Act; and
17-1 (3) the provisional licensee satisfies any other
17-2 license requirements under this Act.
17-3 (d) The Board must complete the processing of a provisional
17-4 licensee's application for a license not later than the 180th day
17-5 after the date the provisional license is issued. The Board may
17-6 extend the 180-day limit if the results on an examination have not
17-7 been received by the Board.
17-8 SECTION 14. Sections 10(c) and (e), Chapter 94, Acts of the
17-9 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's
17-10 Texas Civil Statutes), are amended to read as follows:
17-11 (c) If any applicant, because of failure to pass the
17-12 required examination, shall be refused a license, he or she<, at
17-13 such time as the Texas Board of Chiropractic Examiners may fix, not
17-14 exceeding one (1) year,> shall be permitted to take a subsequent
17-15 examination, upon such subjects required in the original
17-16 examination as the Board may prescribe. The Board by rule shall
17-17 establish the conditions under which an applicant who fails the
17-18 licensing examination may retake the examination and the number of
17-19 times the applicant may retake the examination. The Board may
17-20 require an applicant to fulfill additional educational requirements
17-21 <except that the applicant shall not be required to take a
17-22 re-examination on subjects in which he has made a grade of
17-23 seventy-five per cent (75%) or more, provided the applicant shall
17-24 apply for re-examination within one (1) year>. In the event
17-25 satisfactory grades shall be made in the subjects prescribed and
17-26 taken on such re-examination, the Board shall grant to the
17-27 applicant a license to practice chiropractic. The Board shall
18-1 determine the grade to be given the examinees on the answers turned
18-2 in on the subjects of complete and partial examination, and its
18-3 decision thereupon shall be final.
18-4 (e) Not later than the 30th day <Within thirty (30) days>
18-5 after the day on which a licensing examination is administered
18-6 under this Act, the Board shall notify each examinee of the results
18-7 of the examination. However, if an examination is graded or
18-8 reviewed by a national testing service, the Board shall notify
18-9 examinees of the results of the examination not later than the 14th
18-10 day <within two (2) weeks> after the day that the Board receives
18-11 the results from the testing service. If the notice of the
18-12 examination results graded or reviewed by a national testing
18-13 service will be delayed for longer than 90 <ninety (90)> days after
18-14 the examination date, the Board shall notify the examinee of the
18-15 reason for the delay before the 90th <ninetieth (90th)> day.
18-16 SECTION 15. Section 11(b), Chapter 94, Acts of the 51st
18-17 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
18-18 Civil Statutes), is amended to read as follows:
18-19 (b) The Board by rule shall establish reasonable and
18-20 necessary fees so that the fees, in the aggregate, produce
18-21 sufficient revenue to cover the cost of administering this Act.
18-22 The fees set by the Board may be adjusted so that the total fees
18-23 collected shall be sufficient to meet the expenses of administering
18-24 this Act. The Board may not set a fee for an amount less than the
18-25 amount of that fee on September 1, 1993 <for the administration of
18-26 this Act, not to exceed:>
18-27 <(1) annual renewal: $200;>
19-1 <(2) reciprocal license: $200;>
19-2 <(3) examination fee: $120;>
19-3 <(4) reexam fee: $75; and>
19-4 <(5) verification of licensing requirements fee:
19-5 $75>.
19-6 SECTION 16. Section 12, Chapter 94, Acts of the 51st
19-7 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
19-8 Civil Statutes), is amended to read as follows:
19-9 Sec. 12. All examinations for license to practice
19-10 chiropractic shall be conducted in writing in the English language
19-11 and in such manner as to be entirely fair and impartial to all
19-12 applicants. The Board shall have the examination validated by an
19-13 independent testing entity. The Board may use an examination that
19-14 it purchases from a national testing center only if the national
19-15 testing center has the examination validated by an independent
19-16 testing professional. All applicants shall be known to the
19-17 examiners only by numbers, without names or other method of
19-18 identification on examination papers by which members of the Board
19-19 may be able to identify such applicants, or examinees, until after
19-20 the general averages of the examinees' numbers in the class have
19-21 been determined, and license granted or refused. Examinations
19-22 shall be conducted on practical and theoretical chiropractic and in
19-23 the subjects of anatomy-histology, chemistry, bacteriology,
19-24 physiology, symptomatology, pathology and analysis of the human
19-25 spine, and hygiene and public health. Upon satisfactory
19-26 examination, conducted as aforesaid under the rules of the Board,
19-27 which shall consist of an average grade of not less than
20-1 seventy-five per cent (75%) in any one subject, applicants shall be
20-2 granted license to practice chiropractic. All questions and
20-3 answers, with the grades attached, authenticated by the signature
20-4 of the examiner, shall be preserved in the executive office of the
20-5 Board for one (1) year. All applicants examined at the same time
20-6 shall be given identical questions. All certificates shall be
20-7 attested by the seal of the Board, and signed by all members of the
20-8 Board, or a quorum thereof.
20-9 SECTION 17. Chapter 94, Acts of the 51st Legislature,
20-10 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
20-11 Statutes), is amended by adding Section 12a to read as follows:
20-12 Sec. 12a. The Board shall adopt rules for the licensing and
20-13 regulation of chiropractic facilities as necessary to protect the
20-14 public health, safety, and welfare. A rule adopted by the Board
20-15 under this section must:
20-16 (1) specify the licensing requirements for a
20-17 chiropractic facility;
20-18 (2) set out the structure of the facility licensing
20-19 program; and
20-20 (3) provide that the Board shall issue one facility
20-21 license to an owner of a chiropractic facility without regard to
20-22 the number of chiropractic facilities owned by the owner.
20-23 SECTION 18. Section 14, Chapter 94, Acts of the 51st
20-24 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
20-25 Civil Statutes), is amended to read as follows:
20-26 Sec. 14. (a) The Texas Board of Chiropractic Examiners
20-27 shall revoke or suspend a license, place on probation a person
21-1 whose <probate a> license has been suspended <suspension>, or
21-2 reprimand a licensee, or may impose an administrative penalty, for
21-3 a violation <any violations> of this <the> Act or a rule <rules>
21-4 the Board. If a license suspension is probated, the Board may
21-5 require the licensee to:
21-6 (1) report regularly to the Board on matters that are
21-7 the basis of the probation;
21-8 (2) limit practice to the areas prescribed by the
21-9 Board; or
21-10 (3) continue or review continuing professional
21-11 education until the licensee attains a degree of skill satisfactory
21-12 to the Board in those areas that are the basis of the probation.
21-13 (b) In addition to the other disciplinary actions authorized
21-14 by this Act, the Board may require that a licensee who violates
21-15 this Act participate in continuing education programs. The Board
21-16 shall specify the continuing education programs that may be
21-17 attended and the number of hours that must be completed by an
21-18 individual licensee to fulfill the requirements of this section.
21-19 (c) The Board by rule shall adopt a schedule of the maximum
21-20 amount of sanctions that may be assessed against a licensee for
21-21 each category of violation of this Act. In establishing the
21-22 schedule of sanctions or in imposing the amount of an
21-23 administrative penalty under this Act, the Board shall consider:
21-24 (1) the seriousness of the violation, including the
21-25 nature, circumstances, extent, or gravity of any prohibited acts,
21-26 and the hazard or potential hazard created to the health, safety,
21-27 or economic welfare of the public;
22-1 (2) the economic harm to property or the environment
22-2 caused by the violation;
22-3 (3) the history of previous violations;
22-4 (4) the amount necessary to deter future violations;
22-5 (5) efforts to correct the violation; and
22-6 (6) any other matter that justice may require.
22-7 (d) The schedule of sanctions shall be used by the State
22-8 Office of Administrative Hearings for any sanction imposed as the
22-9 result of a hearing conducted by that office.
22-10 (e) <(b)> The Board shall keep an information file about
22-11 each complaint filed with the Board <relating to a licensee>. The
22-12 Board's information file shall be kept current and contain a record
22-13 for each complaint of:
22-14 (1) all persons contacted in relation to the
22-15 complaint;
22-16 (2) a summary of findings made at each step of the
22-17 complaint process;
22-18 (3) an explanation of the legal basis and reason for a
22-19 complaint that is dismissed; and
22-20 (4) other relevant information.
22-21 (f) <(c)> If a written complaint is filed with the Board
22-22 that the Board has authority to resolve <relating to a licensee>,
22-23 the Board, at least <as frequently as> quarterly and until final
22-24 disposition of the complaint, shall notify the parties to the
22-25 complaint of the status of the complaint unless the notice would
22-26 jeopardize an undercover investigation.
22-27 (g) <(d)> Any person whose license to practice chiropractic
23-1 has been cancelled, revoked or suspended, or on whom an
23-2 administrative penalty has been imposed by the Board may take an
23-3 appeal to any of the district courts in the county of his
23-4 residence, but the decision of the Board shall not be enjoined or
23-5 stayed except on application to such district court after notices
23-6 to the Board.
23-7 (h) <(e)> Upon application, the Board may reissue a license
23-8 to practice chiropractic to a person whose license has been
23-9 cancelled or suspended, but such application, in the case of
23-10 cancellation or revocation, shall not be made prior to one (1) year
23-11 after the cancellation or revocation, and shall be made in such
23-12 manner and form as the Board may require.
23-13 (i) <(f)> If the Board proposes to refuse a person's
23-14 application for a license, to suspend or revoke a person's license,
23-15 or to probate or reprimand a person, the person is entitled to a
23-16 hearing before the Board.
23-17 (j) <(g)> Disciplinary proceedings are governed by the
23-18 Administrative Procedure and Texas Register Act, as amended
23-19 (Article 6252-13a, Vernon's Texas Civil Statutes).
23-20 (k) The Board by rule shall adopt a form to standardize
23-21 information concerning complaints made to the Board. The Board by
23-22 rule shall prescribe information to be provided to a person when
23-23 the person files a complaint with the Board.
23-24 (l) The Board shall provide reasonable assistance to a
23-25 person who wishes to file a complaint with the Board.
23-26 SECTION 19. Chapter 94, Acts of the 51st Legislature,
23-27 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
24-1 Statutes), is amended by adding Sections 14c, 14d, and 14e to read
24-2 as follows:
24-3 Sec. 14c. (a) The Board shall appoint an enforcement
24-4 committee to oversee and conduct the investigation of complaints
24-5 filed with the Board under this Act and to perform other duties
24-6 related to enforcement as directed by the Board. The enforcement
24-7 committee is composed of:
24-8 (1) two or more Board members, at least one of whom is
24-9 a doctor of chiropractic and at least one of whom is a
24-10 representative of the general public;
24-11 (2) the executive director; and
24-12 (3) a representative of the attorney general's office.
24-13 (b) The Board shall adopt rules concerning the investigation
24-14 of a complaint filed with the Board. The rules adopted under this
24-15 subsection shall:
24-16 (1) distinguish between categories of complaints;
24-17 (2) ensure that complaints are not dismissed without
24-18 appropriate consideration;
24-19 (3) require that the Board be advised of a complaint
24-20 that is dismissed and that a letter be sent to the person who filed
24-21 the complaint explaining the action taken on the dismissed
24-22 complaint;
24-23 (4) ensure that the person who filed the complaint has
24-24 an opportunity to explain the allegations made in the complaint;
24-25 and
24-26 (5) prescribe guidelines concerning the categories of
24-27 complaints that require the use of a private investigator and the
25-1 procedures for the Board to obtain the services of a private
25-2 investigator.
25-3 (c) The Board shall dispose of all complaints in a timely
25-4 manner. The Board shall establish a timeline for conducting each
25-5 phase of a complaint that is under the control of the Board not
25-6 later than the 30th day after the date the complaint is received by
25-7 the Board. The timeline shall be kept in the information file for
25-8 the complaint and all parties shall be notified of the projected
25-9 time requirements for pursuing the complaint. A change in the
25-10 timeline must be noted in the complaint information file and all
25-11 parties to the complaint must be notified not later than the
25-12 seventh day after the date the change is made.
25-13 (d) The executive director of the Board shall notify the
25-14 Board of a complaint that extends beyond the time prescribed by the
25-15 Board for resolving the complaint so that the Board may take
25-16 necessary action on the complaint.
25-17 Sec. 14d. (a) The Board by rule shall adopt procedures
25-18 governing:
25-19 (1) informal disposition of a contested case under
25-20 Section 13(e), Administrative Procedure and Texas Register Act
25-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
25-22 subsequent amendments; and
25-23 (2) informal proceedings held in compliance with
25-24 Section 18(c), Administrative Procedure and Texas Register Act
25-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
25-26 subsequent amendments.
25-27 (b) Rules adopted under this section must provide the
26-1 complainant and the licensee an opportunity to be heard and must
26-2 require the presence of a representative of the office of the
26-3 attorney general or the Board's legal counsel to advise the Board
26-4 or Board's employees.
26-5 Sec. 14e. (a) An executive director who determines that a
26-6 violation of this Act or a rule or order adopted under this Act has
26-7 occurred may issue to the Board a report that states the facts on
26-8 which the determination is based and the executive director's
26-9 recommendation on the imposition of an administrative penalty,
26-10 including a recommendation on the amount of the penalty.
26-11 (b) Within 14 days after the date the report is issued, the
26-12 executive director shall give written notice of the report to the
26-13 person. The notice may be given by certified mail. The notice
26-14 must include a brief summary of the alleged violation and a
26-15 statement of the amount of the recommended penalty and must inform
26-16 the person that the person has a right to a hearing on the
26-17 occurrence of the violation, the amount of the penalty, or both the
26-18 occurrence of the violation and the amount of the penalty.
26-19 (c) Within 20 days after the date the person receives the
26-20 notice, the person in writing may accept the determination and
26-21 recommended penalty of the executive director or may make a written
26-22 request for a hearing on the occurrence of the violation, the
26-23 amount of the penalty, or both the occurrence of the violation and
26-24 the amount of the penalty.
26-25 (d) If the person accepts the determination and recommended
26-26 penalty of the executive director, the Board by order shall approve
26-27 the determination and impose the recommended penalty.
27-1 (e) If the person requests a hearing or fails to respond
27-2 timely to the notice, the executive director shall set a hearing
27-3 and give notice of the hearing to the person. The hearing shall be
27-4 held by an administrative law judge of the State Office of
27-5 Administrative Hearings. The administrative law judge shall make
27-6 findings of fact and conclusions of law and promptly issue to the
27-7 Board a proposal for a decision about the occurrence of the
27-8 violation and the amount of a proposed penalty. Based on the
27-9 findings of fact, conclusions of law, and proposal for a decision,
27-10 the Board by order may find that a violation has occurred and
27-11 impose a penalty or may find that no violation occurred.
27-12 (f) The notice of the Board's order given to the person
27-13 under the Administrative Procedure and Texas Register Act (Article
27-14 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
27-15 amendments must include a statement of the right of the person to
27-16 judicial review of the order.
27-17 (g) Within 30 days after the date the Board's order is final
27-18 as provided by Section 16(c), Administrative Procedure and Texas
27-19 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
27-20 its subsequent amendments, the person shall:
27-21 (1) pay the amount of the penalty;
27-22 (2) pay the amount of the penalty and file a petition
27-23 for judicial review contesting the occurrence of the violation, the
27-24 amount of the penalty, or both the occurrence of the violation and
27-25 the amount of the penalty; or
27-26 (3) without paying the amount of the penalty, file a
27-27 petition for judicial review contesting the occurrence of the
28-1 violation, the amount of the penalty, or both the occurrence of the
28-2 violation and the amount of the penalty.
28-3 (h) Within the 30-day period, a person who acts under
28-4 Subsection (g)(3) of this section may:
28-5 (1) stay enforcement of the penalty by:
28-6 (A) paying the amount of the penalty to the
28-7 court for placement in an escrow account; or
28-8 (B) giving to the court a supersedeas bond
28-9 approved by the court for the amount of the penalty and that is
28-10 effective until all judicial review of the Board's order is final;
28-11 or
28-12 (2) request the court to stay enforcement of the
28-13 penalty by:
28-14 (A) filing with the court a sworn affidavit of
28-15 the person stating that the person is financially unable to pay the
28-16 amount of the penalty and is financially unable to give the
28-17 supersedeas bond; and
28-18 (B) giving a copy of the affidavit to the
28-19 executive director by certified mail.
28-20 (i) An executive director who receives a copy of an
28-21 affidavit under Subsection (h)(2) of this section may file with the
28-22 court, within five days after the date the copy is received, a
28-23 contest to the affidavit. The court shall hold a hearing on the
28-24 facts alleged in the affidavit as soon as practicable and shall
28-25 stay the enforcement of the penalty on finding that the alleged
28-26 facts are true. The person who files an affidavit has the burden
28-27 of proving that the person is financially unable to pay the amount
29-1 of the penalty and to give a supersedeas bond.
29-2 (j) If the person does not pay the amount of the penalty and
29-3 the enforcement of the penalty is not stayed, the executive
29-4 director may refer the matter to the attorney general for
29-5 collection of the amount of the penalty.
29-6 (k) Judicial review of the order of the Board:
29-7 (1) is instituted by filing a petition as provided by
29-8 Section 19, Administrative Procedure and Texas Register Act
29-9 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-10 subsequent amendments; and
29-11 (2) is under the substantial evidence rule.
29-12 SECTION 20. Chapter 94, Acts of the 51st Legislature,
29-13 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
29-14 Statutes), is amended by adding Sections 19a and 19b to read as
29-15 follows:
29-16 Sec. 19a. (a) The Board may impose an administrative
29-17 penalty against a person licensed or regulated under this Act who
29-18 violates this Act or a rule or order adopted under this Act. The
29-19 penalty for a violation may be in an amount not to exceed $1,000.
29-20 Each day a violation continues or occurs is a separate violation
29-21 for purposes of imposing a penalty.
29-22 (b) A person who violates this Act or a rule adopted by the
29-23 Board under this Act is liable to the state for a civil penalty of
29-24 $1,000 for each day of violation. At the request of the Board, the
29-25 attorney general shall bring an action to recover a civil penalty
29-26 authorized under this subsection.
29-27 (c) If a court sustains the occurrence of the violation
30-1 after the court reviews the order of the Board imposing an
30-2 administrative penalty, the court may uphold or reduce the amount
30-3 of the administrative penalty and order the person to pay the full
30-4 or reduced amount of the penalty. If a court does not sustain the
30-5 occurrence of the violation, the court shall order that no
30-6 administrative penalty is owed.
30-7 (d) When the judgment of the court becomes final, the court
30-8 shall proceed under this subsection. If the person paid the amount
30-9 of the administrative penalty and if that amount is reduced or is
30-10 not upheld by the court, the court shall order that the appropriate
30-11 amount plus accrued interest be remitted to the person. The rate
30-12 of the interest is the rate charged on loans to depository
30-13 institutions by the New York Federal Reserve Bank, and the interest
30-14 shall be paid for the period beginning on the date the
30-15 administrative penalty was paid and ending on the date the penalty
30-16 is remitted. If the person gave a supersedeas bond and if the
30-17 amount of the administrative penalty is not upheld by the court,
30-18 the court shall order the release of the bond. If the person gave
30-19 a supersedeas bond and if the amount of the administrative penalty
30-20 is reduced, the court shall order the release of the bond after the
30-21 person pays the amount.
30-22 (e) An administrative penalty collected under this section
30-23 shall be remitted to the comptroller for deposit in the general
30-24 revenue fund. The Board may retain five percent of a penalty
30-25 collected under this section to finance a Board-approved peer
30-26 assistance program for chiropractors.
30-27 (f) All proceedings under this section other than a
31-1 proceeding to collect a civil penalty are subject to the
31-2 Administrative Procedure and Texas Register Act (Article 6252-13a,
31-3 Vernon's Texas Civil Statutes) and its subsequent amendments.
31-4 Sec. 19b. (a) The enforcement committee appointed under
31-5 Subsection (a), Section 14c, of this Act on an emergency basis may
31-6 temporarily suspend the license of a licensee under this Act if the
31-7 enforcement committee determines from the evidence or information
31-8 presented to the committee that the continued practice by the
31-9 licensee constitutes a continuing or imminent threat to the public
31-10 welfare.
31-11 (b) A temporary suspension authorized under Subsection (a)
31-12 of this section may also be ordered on a majority vote of the
31-13 Board.
31-14 (c) A license temporarily suspended under this section may
31-15 be suspended without notice or hearing if, at the time the
31-16 suspension is ordered, a hearing on whether disciplinary
31-17 proceedings under this Act should be initiated against the licensee
31-18 is scheduled to be held not later than the 14th day after the date
31-19 of the suspension. A second hearing on the suspended license shall
31-20 be held not later than the 60th day after the date the suspension
31-21 was ordered. If the second hearing is not held in the time
31-22 required by this subsection, the suspended license is automatically
31-23 reinstated.
31-24 (d) The Board by rule shall adopt procedures for the
31-25 temporary suspension of a license under this section.
31-26 SECTION 21. (a) As soon as possible on or after the
31-27 effective date of this Act, the governor shall appoint nine new
32-1 members to the Texas Board of Chiropractic Examiners in accordance
32-2 with Section 3, Chapter 94, Acts of the 51st Legislature, Regular
32-3 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as
32-4 amended by this Act. In making the appointments, the governor
32-5 shall designate three members for terms expiring February 1, 1995,
32-6 three members for terms expiring February 1, 1997, and three
32-7 members for terms expiring February 1, 1999. The members appointed
32-8 under this subsection may not perform the functions of the board
32-9 until the day after the date a majority of the new members take
32-10 office.
32-11 (b) Until the date the new members of the Texas Board of
32-12 Chiropractic Examiners may begin performing the functions of the
32-13 board under Subsection (a) of this section, the members serving on
32-14 the board immediately before the effective date of this Act shall
32-15 continue to carry out the functions of the board. On the date the
32-16 new members may begin performing the functions of the board, the
32-17 offices of the members serving immediately before the effective
32-18 date of this Act are abolished.
32-19 (c) The changes in law made by this Act in the
32-20 qualifications of, and the prohibitions applying to, members of the
32-21 Texas Board of Chiropractic Examiners do not affect the entitlement
32-22 of a member serving on the board immediately before the effective
32-23 date of this Act to continue to carry out the functions of the
32-24 board for the period prescribed by Subsection (b) of this section.
32-25 The changes in law apply only to a member appointed on or after the
32-26 effective date of this Act.
32-27 (d) The changes in law made by this Act relating to an
33-1 administrative penalty or civil penalty apply only to a violation
33-2 of Chapter 94, Acts of the 51st Legislature, Regular Session, 1949
33-3 (Article 4512b, Vernon's Texas Civil Statutes), or a rule or order
33-4 adopted by the Texas Board of Chiropractic Examiners that occurs on
33-5 or after the effective date of this Act. A violation occurs on or
33-6 after the effective date of this Act only if each element of the
33-7 violation occurs on or after that date. A violation that occurs
33-8 before the effective date of this Act is governed by the law in
33-9 effect on the date the violation occurred, and the former law is
33-10 continued in effect for that purpose.
33-11 SECTION 22. This Act takes effect September 1, 1993.
33-12 SECTION 23. The importance of this legislation and the
33-13 crowded condition of the calendars in both houses create an
33-14 emergency and an imperative public necessity that the
33-15 constitutional rule requiring bills to be read on three several
33-16 days in each house be suspended, and this rule is hereby suspended.