By: Counts H.B. No. 2645
73R4151 CLG-D
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 trade association in the field of health care may not be a member
2-25 or employee of the Board who is exempt from the state's position
2-26 classification plan or is compensated at or above the amount
2-27 prescribed by the General Appropriations Act for step 1, salary
3-1 group 17, of the position classification salary schedule <A member
3-2 or employee of the Board may not be an officer, employee, or paid
3-3 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 an officer, manager, or
3-6 paid consultant of a Texas trade association in the field of health
3-7 care may not be a Board member and may not be an employee of the
3-8 Board who is exempt from the state's position classification plan
3-9 or is compensated at or above the amount prescribed by the General
3-10 Appropriations Act for step 1, salary group 17, of the position
3-11 classification salary schedule <A member or employee of the Board
3-12 may not be related within the second degree by affinity or within
3-13 the second degree by consanguinity, as determined under Article
3-14 5996h, Revised Statutes, to a person who is an officer, employee,
3-15 or paid consultant of a statewide or national trade association in
3-16 the regulated industry>.
3-17 (f) For the purposes of Subsections (d) and (e) of this
3-18 section, a Texas trade association is a nonprofit, cooperative, and
3-19 voluntarily joined association of business or professional
3-20 competitors in this state designed to assist its members and its
3-21 industry or profession in dealing with mutual business or
3-22 professional problems and in promoting their common interest.
3-23 (g) <(f)> A person may not serve as a member of the Board or
3-24 act as the general counsel to the Board if the person <who> is
3-25 required to register as a lobbyist under Chapter 305, Government
3-26 Code, because of the person's activities for compensation on behalf
3-27 of a profession related to the operation of the Board <may not
4-1 serve as a member of the Board or act as the general counsel to the
4-2 Board>.
4-3 (h) <(g)> The members of the Texas Board of Chiropractic
4-4 Examiners shall be divided into three (3) classes, one, two and
4-5 three, and are appointed for staggered six-year terms, with three
4-6 members' terms expiring on February 1 of each odd-numbered year
4-7 <their respective terms of office shall be determined by the
4-8 Governor at the time of the first appointments hereunder>. Members
4-9 hold office for their terms <six (6) years> and until their
4-10 successors are duly appointed and qualified. In case of death or
4-11 resignation of a member of the Board, the Governor shall appoint
4-12 another to take his place for the unexpired term only.
4-13 (i) <(h)> The Texas Board of Chiropractic Examiners is
4-14 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-15 continued in existence as provided by that chapter, the board is
4-16 abolished and this Act expires September 1, 2005 <1993>.
4-17 SECTION 2. Section 3a, Chapter 94, Acts of the 51st
4-18 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
4-19 Civil Statutes), is amended to read as follows:
4-20 Sec. 3a. (a) The Board shall prepare information of public
4-21 <consumer> interest describing the <regulatory> functions of the
4-22 Board and <describing> the Board's procedures by which <consumer>
4-23 complaints are filed with and resolved by the Board. The Board
4-24 shall make the information available to the <general> public and
4-25 appropriate state agencies.
4-26 (b) The Board by rule shall establish methods by which
4-27 consumers and service recipients are notified of the name, mailing
5-1 address, and telephone number of the Board for the purpose of
5-2 directing complaints to the Board. The Board may provide for that
5-3 notification:
5-4 (1) on each registration form, application, or written
5-5 contract for services of an individual or entity regulated by the
5-6 Board;
5-7 (2) on a sign prominently displayed in the place of
5-8 business of each individual or entity regulated by the Board; or
5-9 (3) in a bill for service provided by an individual or
5-10 entity regulated by the Board.
5-11 (c) The Board shall list along with its regular telephone
5-12 number the toll-free telephone number that may be called to present
5-13 a complaint about a health professional if the toll-free number is
5-14 established under other state law <There shall at all times be
5-15 prominently displayed in the place of business of each licensee
5-16 regulated under this Act a sign containing the name, mailing
5-17 address, and telephone number of the Board and a statement
5-18 informing consumers that complaints against licensees can be
5-19 directed to the Board>.
5-20 SECTION 3. Section 3b, Chapter 94, Acts of the 51st
5-21 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
5-22 Civil Statutes), is amended to read as follows:
5-23 Sec. 3b. (a) It is a ground for removal from the Board if a
5-24 member:
5-25 (1) does not have at the time of appointment the
5-26 qualifications required by Subsection (b) of Section 3 of this Act
5-27 <for appointment to the Board>;
6-1 (2) does not maintain during <the> service on the
6-2 Board the qualifications required by Subsection (b) of Section 3 of
6-3 this Act <for appointment to the Board>;
6-4 (3) violates a prohibition established by Subsection
6-5 (d), (e), or (g) <(f)> of Section 3 of this Act; <or>
6-6 (4) cannot discharge the member's term for a
6-7 substantial part of the term for which the member is appointed
6-8 because of illness or disability; or
6-9 (5) is absent from more than half <does not attend at
6-10 least one-half> of the regularly scheduled Board meetings that the
6-11 member is eligible to attend during <held by the Board in> a
6-12 calendar year unless the absence is excused by majority vote<,
6-13 excluding meetings held while the person was not a member> of the
6-14 Board.
6-15 (b) The validity of an action of the Board is not affected
6-16 by the fact that it was taken when a ground for removal of a Board
6-17 member exists <of the Board existed>.
6-18 (c) If the executive secretary has knowledge that a
6-19 potential ground for removal exists, the executive secretary shall
6-20 notify the president of the Board of the ground. The president
6-21 shall then notify the governor that a potential ground for removal
6-22 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. Sections 4(e), (f), and (g), Chapter 94, Acts of
7-15 the 51st Legislature, Regular Session, 1949 (Article 4512b,
7-16 Vernon's Texas Civil Statutes), are amended to read as follows:
7-17 (e) The <On or before January 1 of each year, the> Board
7-18 shall file annually with the Governor and the presiding officer of
7-19 each house of the Legislature a complete and detailed written
7-20 report accounting for all funds received and disbursed by the Board
7-21 during <in> the preceding fiscal year. The annual report must be
7-22 in the form and reported in the time provided by the General
7-23 Appropriations Act.
7-24 (f) The executive secretary or the executive secretary's
7-25 designee <Board> shall develop an intra-agency <intraagency> career
7-26 ladder program. The program shall require intra-agency posting of
7-27 all<, one part of which shall be the intraagency posting of each
8-1 job-opening with the Board in a> nonentry level positions
8-2 concurrently with any public posting <position>. <The intraagency
8-3 posting shall be made at least ten (10) days before any public
8-4 posting is made.>
8-5 (g) The executive secretary or the executive secretary's
8-6 designee <Board> shall develop a system of annual performance
8-7 evaluations <of the Board's employees based on measurable job
8-8 tasks>. All <Any> merit pay for <authorized by the> Board
8-9 employees must <shall> be based on the system established under
8-10 this subsection.
8-11 SECTION 7. Chapter 94, Acts of the 51st Legislature, Regular
8-12 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
8-13 amended by adding Sections 4c and 4d to read as follows:
8-14 Sec. 4c. (a) The executive secretary or the executive
8-15 secretary's designee shall prepare and maintain a written policy
8-16 statement to ensure implementation of a program of equal employment
8-17 opportunity under which all personnel transactions are made without
8-18 regard to race, color, disability, sex, religion, age, or national
8-19 origin. The policy statement must include:
8-20 (1) personnel policies, including policies relating to
8-21 recruitment, evaluation, selection, application, training, and
8-22 promotion of personnel that are in compliance with the Commission
8-23 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
8-24 and its subsequent amendments;
8-25 (2) a comprehensive analysis of the Board work force
8-26 that meets federal and state guidelines;
8-27 (3) procedures by which a determination can be made of
9-1 significant underuse in the Board work force of all persons for
9-2 whom federal or state guidelines encourage a more equitable
9-3 balance; and
9-4 (4) reasonable methods to appropriately address those
9-5 areas of underuse.
9-6 (b) A policy statement prepared under Subsection (a) of this
9-7 section must cover an annual period, be updated annually, be
9-8 reviewed by the Commission on Human Rights for compliance with
9-9 Subsection (a)(1) of this section, and be filed with the governor's
9-10 office.
9-11 (c) The governor's office shall deliver a biennial report to
9-12 the legislature based on the information received under Subsection
9-13 (b) of this section. The report may be made separately or as part
9-14 of other biennial reports to the legislature.
9-15 Sec. 4d. (a) The Board shall develop and implement policies
9-16 that provide the public with a reasonable opportunity to appear
9-17 before the Board and to speak on any issue under the jurisdiction
9-18 of the Board.
9-19 (b) The Board shall prepare and maintain a written plan that
9-20 describes how a person who does not speak English can be provided
9-21 reasonable access to the Board's programs. The Board shall also
9-22 comply with federal and state laws for program and facility
9-23 accessibility.
9-24 SECTION 8. Section 8a, Chapter 94, Acts of the 51st
9-25 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
9-26 Civil Statutes), is amended by amending Subsection (e) and adding
9-27 Subsection (f) to read as follows:
10-1 (e) If a person's license has been expired for one (1) year
10-2 or longer, the person may not renew the license. The person may
10-3 obtain a new license by submitting to reexamination and complying
10-4 with the requirements and procedures for obtaining an original
10-5 license. However, the Board may renew without reexamination an
10-6 expired license of a person who was licensed in this state, moved
10-7 to another state, and is currently licensed and has been in
10-8 practice in the other state for the two years preceding
10-9 application. The person must pay to the Board a fee that is equal
10-10 to the examination fee for the license.
10-11 (f) At least 30 days before the expiration of a person's
10-12 license, the Board shall send written notice of the impending
10-13 license expiration to the person at the licensee's last known
10-14 address according to the records of the Board.
10-15 SECTION 9. Section 8b, Chapter 94, Acts of the 51st
10-16 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
10-17 Civil Statutes), is amended to read as follows:
10-18 Sec. 8b. (a) The provisions of this Act shall apply to all
10-19 persons licensed by the Texas Board of Chiropractic Examiners and
10-20 the annual registration fee shall apply to all persons licensed by
10-21 the Texas Board of Chiropractic Examiners, whether or not they are
10-22 practicing within the borders of this State. <As a prerequisite to
10-23 the annual registration or renewal and before the chiropractic
10-24 registration or renewal may be issued, the licensee shall present
10-25 to the Board satisfactory evidence that in the year preceding the
10-26 application for renewal said licensee attended two (2) days of
10-27 continuing educational courses approved by the Board. A person
11-1 licensed by examination during the twelve (12) months immediately
11-2 preceding the January 1st renewal date shall be granted renewal
11-3 without attending the educational programs. Unless the exemption
11-4 provided by this subsection applies, if a licensee fails to meet
11-5 the continuing education requirement the Board may place the
11-6 licensee on probation for a period not to exceed twelve (12)
11-7 months. The Board by rule may set conditions for reinstatement of
11-8 a license during the probationary period. If the licensee fails to
11-9 satisfy the requirements for reinstatement, the licensee may obtain
11-10 a new license only by complying with the requirements and
11-11 procedures for obtaining an original license.>
11-12 (b) The Board shall notify licensees of approved continuing
11-13 education courses at least annually.
11-14 (c) The Board by rule shall adopt requirements for mandatory
11-15 continuing education for licensees under this Act in subjects
11-16 pertaining to the practice of chiropractic. The Board by rule
11-17 shall establish a minimum number of hours of continuing education
11-18 required to renew a license. The Board may assess the continuing
11-19 education needs of licensees and may require licensees to attend
11-20 continuing education courses specified by the Board. The Board by
11-21 rule shall develop a process to evaluate and approve continuing
11-22 education courses.
11-23 (d) The Board shall identify the key factors for the
11-24 competent performance by a licensee of the licensee's professional
11-25 duties. The Board shall adopt a procedure to assess a licensee's
11-26 participation and performance in continuing education programs.
11-27 SECTION 10. Section 8c, 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. 8c. The Board by rule may adopt a system under which
12-4 licenses <registrations> expire on various dates during the year.
12-5 For the year in which the license expiration date is changed,
12-6 license <registration> fees payable on January 1 shall be prorated
12-7 on a monthly basis so that each licensee <registrant> shall pay
12-8 only that portion of the license <registration> fee that <which> is
12-9 allocable to the number of months during which the license
12-10 <registration> is valid. On renewal of the license <registration>
12-11 on the new expiration date, the total license renewal
12-12 <registration> fee is payable.
12-13 SECTION 11. Section 8d, Chapter 94, Acts of the 51st
12-14 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
12-15 Civil Statutes), is amended by adding Subsection (e) to read as
12-16 follows:
12-17 (e) Rules adopted under this section shall include a time
12-18 limit for a licensee to remain on inactive status.
12-19 SECTION 12. Chapter 94, Acts of the 51st Legislature,
12-20 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
12-21 Statutes), is amended by adding Section 8e to read as follows:
12-22 Sec. 8e. The Board by rule may provide for the issuance of a
12-23 temporary license. Rules adopted under this section shall include
12-24 a time limit for a person who holds a temporary license.
12-25 SECTION 13. Section 9, Chapter 94, Acts of the 51st
12-26 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
12-27 Civil Statutes), is amended to read as follows:
13-1 Sec. 9. (a) The Texas Board of Chiropractic Examiners may
13-2 upon payment by an applicant of a fee grant a provisional license
13-3 to practice chiropractic to an applicant who presents proof of a
13-4 current license in another state, the District of Columbia, or a
13-5 territory of the United States that maintains professional
13-6 standards considered by the Board to be equivalent to those set
13-7 forth in this Act <licentiates of other states or territories
13-8 having requirements and practices equivalent to those established
13-9 by the laws of this State, provided said applicant has continuously
13-10 practiced chiropractic for not less than five years preceding the
13-11 applicant's application to the Board>. Applications for license
13-12 under the provisions of this Section shall be in writing, and upon
13-13 a form to be prescribed by the Texas Board of Chiropractic
13-14 Examiners. Said application shall be accompanied by a license, or
13-15 a certified copy of license to practice chiropractic, lawfully
13-16 issued to the applicant, upon examination, by some other state, the
13-17 District of Columbia, or a territory of the United States. Said
13-18 application shall also be accompanied by an affidavit made by the
13-19 president or secretary of the Board of Chiropractic Examiners which
13-20 issued the said license, or by a legally constituted chiropractic
13-21 registration officer of the state, District of Columbia, or
13-22 territory by which the license was granted, and on which the
13-23 application for chiropractic registration in Texas is based,
13-24 reciting that the accompanying license has not been cancelled or
13-25 revoked, and that the statement or qualifications made in the
13-26 application for chiropractic license in Texas is true and correct.
13-27 Applicants for license under the provisions of this Section shall
14-1 subscribe to an oath in writing before an officer authorized by law
14-2 to administer oaths, which shall be a part of said application,
14-3 stating that the license under which the applicant practiced
14-4 chiropractic in the State or territory from which the applicant
14-5 removed, was at the time of such removal in full force, and not
14-6 suspended or cancelled. Said application shall also state that the
14-7 applicant is the identical person to whom the said certificate was
14-8 issued, and that no proceeding has been instituted against the
14-9 applicant for the cancellation of said certificate to practice
14-10 chiropractic in the State or territory by which the same was
14-11 issued; and that no prosecution is pending against the applicant in
14-12 any State or Federal Court for any offense which, under the law of
14-13 Texas is a felony. An applicant for a provisional license under
14-14 this section must:
14-15 (1) be licensed in good standing as a chiropractor in
14-16 another state, the District of Columbia, or a territory of the
14-17 United States that has licensing requirements that are
14-18 substantially equivalent to the requirements of this Act;
14-19 (2) have passed a national or other examination
14-20 recognized by the Board relating to the practice of chiropractic;
14-21 and
14-22 (3) be sponsored by a person licensed by the Board
14-23 under this Act with whom the provisional licensee may practice
14-24 under this section.
14-25 (b) An applicant for a provisional license may be excused
14-26 from the requirement of Subsection (a)(3) of this section if the
14-27 Board determines that compliance with that subsection constitutes a
15-1 hardship to the applicant.
15-2 (c) A provisional license is valid until the date the Board
15-3 approves or denies the provisional licensee's application for a
15-4 license. The Board shall issue a license under this Act to the
15-5 holder of a provisional license under this section if:
15-6 (1) the provisional licensee passes the examination
15-7 under Section 10 of this Act;
15-8 (2) the Board verifies that the provisional licensee
15-9 has the academic and experience requirements for a license under
15-10 this Act; and
15-11 (3) the provisional licensee satisfies any other
15-12 license requirements under this Act.
15-13 (d) The Board must complete the processing of a provisional
15-14 licensee's application for a license not later than the 180th day
15-15 after the date the provisional license is issued.
15-16 SECTION 14. Sections 10(c) and (e), Chapter 94, Acts of the
15-17 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's
15-18 Texas Civil Statutes), are amended to read as follows:
15-19 (c) If any applicant, because of failure to pass the
15-20 required examination, shall be refused a license, he or she<, at
15-21 such time as the Texas Board of Chiropractic Examiners may fix, not
15-22 exceeding one (1) year,> shall be permitted to take a subsequent
15-23 examination, upon such subjects required in the original
15-24 examination as the Board may prescribe. The Board by rule shall
15-25 establish the conditions under which an applicant who fails the
15-26 licensing examination may retake the examination and the number of
15-27 times the applicant may retake the examination. The Board may
16-1 require an applicant to fulfill additional educational requirements
16-2 <except that the applicant shall not be required to take a
16-3 re-examination on subjects in which he has made a grade of
16-4 seventy-five per cent (75%) or more, provided the applicant shall
16-5 apply for re-examination within one (1) year>. In the event
16-6 satisfactory grades shall be made in the subjects prescribed and
16-7 taken on such re-examination, the Board shall grant to the
16-8 applicant a license to practice chiropractic. The Board shall
16-9 determine the grade to be given the examinees on the answers turned
16-10 in on the subjects of complete and partial examination, and its
16-11 decision thereupon shall be final.
16-12 (e) Not later than the 30th day <Within thirty (30) days>
16-13 after the day on which a licensing examination is administered
16-14 under this Act, the Board shall notify each examinee of the results
16-15 of the examination. However, if an examination is graded or
16-16 reviewed by a national testing service, the Board shall notify
16-17 examinees of the results of the examination not later than the 14th
16-18 day <within two (2) weeks> after the day that the Board receives
16-19 the results from the testing service. If the notice of the
16-20 examination results graded or reviewed by a national testing
16-21 service will be delayed for longer than 90 <ninety (90)> days after
16-22 the examination date, the Board shall notify the examinee of the
16-23 reason for the delay before the 90th <ninetieth (90th)> day.
16-24 SECTION 15. Section 11(b), Chapter 94, Acts of the 51st
16-25 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
16-26 Civil Statutes), is amended to read as follows:
16-27 (b) The Board by rule shall establish reasonable and
17-1 necessary fees so that the fees, in the aggregate, produce
17-2 sufficient revenue to cover the cost of administering this Act.
17-3 The fees set by the Board may be adjusted so that the total fees
17-4 collected shall be sufficient to meet the expenses of administering
17-5 this Act. The Board may not set a fee for an amount less than the
17-6 amount of that fee on September 1, 1993. The annual renewal fee
17-7 set by the Board may not exceed $200 <for the administration of
17-8 this Act, not to exceed:>
17-9 <(1) annual renewal: $200;>
17-10 <(2) reciprocal license: $200;>
17-11 <(3) examination fee: $120;>
17-12 <(4) reexam fee: $75; and>
17-13 <(5) verification of licensing requirements fee:
17-14 $75>.
17-15 SECTION 16. Section 12, Chapter 94, Acts of the 51st
17-16 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
17-17 Civil Statutes), is amended to read as follows:
17-18 Sec. 12. All examinations for license to practice
17-19 chiropractic shall be conducted in writing in the English language
17-20 and in such manner as to be entirely fair and impartial to all
17-21 applicants. The Board shall have the examination validated by an
17-22 independent testing professional. The Board may use an examination
17-23 that it purchases from a national testing center only if the
17-24 national testing center has the examination validated by an
17-25 independent testing professional. All applicants shall be known to
17-26 the examiners only by numbers, without names or other method of
17-27 identification on examination papers by which members of the Board
18-1 may be able to identify such applicants, or examinees, until after
18-2 the general averages of the examinees' numbers in the class have
18-3 been determined, and license granted or refused. Examinations
18-4 shall be conducted on practical and theoretical chiropractic and in
18-5 the subjects of anatomy-histology, chemistry, bacteriology,
18-6 physiology, symptomatology, pathology and analysis of the human
18-7 spine, and hygiene and public health. Upon satisfactory
18-8 examination, conducted as aforesaid under the rules of the Board,
18-9 which shall consist of an average grade of not less than
18-10 seventy-five per cent (75%) in any one subject, applicants shall be
18-11 granted license to practice chiropractic. All questions and
18-12 answers, with the grades attached, authenticated by the signature
18-13 of the examiner, shall be preserved in the executive office of the
18-14 Board for one (1) year. All applicants examined at the same time
18-15 shall be given identical questions. All certificates shall be
18-16 attested by the seal of the Board, and signed by all members of the
18-17 Board, or a quorum thereof.
18-18 SECTION 17. Section 14, Chapter 94, Acts of the 51st
18-19 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
18-20 Civil Statutes), is amended to read as follows:
18-21 Sec. 14. (a) The Texas Board of Chiropractic Examiners
18-22 shall revoke or suspend a license, place on probation a person
18-23 whose <probate a> license has been suspended <suspension>, or
18-24 reprimand a licensee for a violation <any violations> of this <the>
18-25 Act or a rule <rules> of the Board. If a license suspension is
18-26 probated, the Board may require the licensee to:
18-27 (1) report regularly to the Board on matters that are
19-1 the basis of the probation;
19-2 (2) limit practice to the areas prescribed by the
19-3 Board; or
19-4 (3) continue or review continuing professional
19-5 education until the licensee attains a degree of skill satisfactory
19-6 to the Board in those areas that are the basis of the probation.
19-7 (b) The schedule of sanctions adopted by the Board by rule
19-8 shall be used by the State Office of Administrative Hearings for
19-9 any sanction imposed as the result of a hearing conducted by that
19-10 office.
19-11 (c) <(b)> The Board shall keep an information file about
19-12 each complaint filed with the Board <relating to a licensee>. The
19-13 Board's information file shall be kept current and contain a record
19-14 for each complaint of:
19-15 (1) all persons contacted in relation to the
19-16 complaint;
19-17 (2) a summary of findings made at each step of the
19-18 complaint process;
19-19 (3) an explanation of the legal basis and reason for a
19-20 complaint that is dismissed; and
19-21 (4) other relevant information.
19-22 (d) <(c)> If a written complaint is filed with the Board
19-23 that the Board has authority to resolve <relating to a licensee>,
19-24 the Board, at least <as frequently as> quarterly and until final
19-25 disposition of the complaint, shall notify the parties to the
19-26 complaint of the status of the complaint unless the notice would
19-27 jeopardize an undercover investigation.
20-1 (e) <(d)> Any person whose license to practice chiropractic
20-2 has been cancelled, revoked or suspended by the Board may take an
20-3 appeal to any of the district courts in the county of his
20-4 residence, but the decision of the Board shall not be enjoined or
20-5 stayed except on application to such district court after notices
20-6 to the Board.
20-7 (f) <(e)> Upon application, the Board may reissue a license
20-8 to practice chiropractic to a person whose license has been
20-9 cancelled or suspended, but such application, in the case of
20-10 cancellation or revocation, shall not be made prior to one (1) year
20-11 after the cancellation or revocation, and shall be made in such
20-12 manner and form as the Board may require.
20-13 (g) <(f)> If the Board proposes to refuse a person's
20-14 application for a license, to suspend or revoke a person's license,
20-15 or to probate or reprimand a person, the person is entitled to a
20-16 hearing before the Board.
20-17 (h) <(g)> Disciplinary proceedings are governed by the
20-18 Administrative Procedure and Texas Register Act, as amended
20-19 (Article 6252-13a, Vernon's Texas Civil Statutes).
20-20 (i) The Board by rule shall adopt a form to standardize
20-21 information concerning complaints made to the Board. The Board by
20-22 rule shall prescribe information to be provided to a person when
20-23 the person files a complaint with the Board.
20-24 (j) The Board shall provide reasonable assistance to a
20-25 person who wishes to file a complaint with the Board.
20-26 SECTION 18. Chapter 94, Acts of the 51st Legislature,
20-27 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
21-1 Statutes), is amended by adding Sections 14c and 14d to read as
21-2 follows:
21-3 Sec. 14c. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
21-4 Board shall adopt rules concerning the investigation of a complaint
21-5 filed with the Board. The rules adopted under this subsection
21-6 shall:
21-7 (1) distinguish between categories of complaints;
21-8 (2) ensure that complaints are not dismissed without
21-9 appropriate consideration;
21-10 (3) require that the Board be advised of a complaint
21-11 that is dismissed and that a letter be sent to the person who filed
21-12 the complaint explaining the action taken on the dismissed
21-13 complaint;
21-14 (4) ensure that the person who filed the complaint has
21-15 an opportunity to explain the allegations made in the complaint;
21-16 and
21-17 (5) prescribe guidelines concerning the categories of
21-18 complaints that require the use of a private investigator and the
21-19 procedures for the Board to obtain the services of a private
21-20 investigator.
21-21 (b) The Board shall dispose of all complaints in a timely
21-22 manner. The Board shall establish a timeline for conducting each
21-23 phase of a complaint that is under the control of the Board not
21-24 later than the 30th day after the date the complaint is received by
21-25 the Board. The timeline shall be kept in the information file for
21-26 the complaint and all parties shall be notified of the projected
21-27 time requirements for pursuing the complaint. A change in the
22-1 timeline must be noted in the complaint information file and all
22-2 parties to the complaint must be notified not later than the
22-3 seventh day after the date the change is made.
22-4 (c) The director of the Board shall notify the Board of a
22-5 complaint that extends beyond the time prescribed by the Board for
22-6 resolving the complaint so that the Board may take necessary action
22-7 on the complaint.
22-8 Sec. 14d. INFORMAL PROCEEDINGS. (a) The Board by rule
22-9 shall adopt procedures governing:
22-10 (1) informal disposition of a contested case under
22-11 Section 13(e), Administrative Procedure and Texas Register Act
22-12 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-13 subsequent amendments; and
22-14 (2) informal proceedings held in compliance with
22-15 Section 18(c), Administrative Procedure and Texas Register Act
22-16 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-17 subsequent amendments.
22-18 (b) Rules adopted under this section must provide the
22-19 complainant and the licensee an opportunity to be heard and must
22-20 require the presence of a representative of the office of the
22-21 attorney general to advise the Board or Board's employees.
22-22 SECTION 19. Chapter 94, Acts of the 51st Legislature,
22-23 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
22-24 Statutes), is amended by adding Sections 19a, 19b, 19c, 19d, and
22-25 19e to read as follows:
22-26 Sec. 19a. (a) The Board may assess an administrative
22-27 penalty against a person who violates a provision of this Act or a
23-1 rule adopted by the Board under this Act as provided by this
23-2 section.
23-3 (b) The penalty for each violation may be in an amount not
23-4 to exceed $1,000. Each day a violation continues or occurs may be
23-5 considered a separate violation for purposes of penalty assessment.
23-6 (c) In determining the amount of the penalty, the executive
23-7 secretary of the Board shall consider:
23-8 (1) the seriousness of the violation, including the
23-9 nature, circumstances, extent, and gravity of the prohibited acts
23-10 and the hazard or potential hazard posed to the health or safety of
23-11 the public;
23-12 (2) the economic damage to property or the environment
23-13 caused by the violation;
23-14 (3) the history of previous violations;
23-15 (4) the amount necessary to deter future violations;
23-16 (5) efforts to correct the violation; and
23-17 (6) any other matter that justice may require.
23-18 (d) If, after investigation of a possible violation and the
23-19 facts surrounding that possible violation, the executive secretary
23-20 determines that a violation has occurred, the executive secretary
23-21 may issue a violation report stating the facts on which the
23-22 conclusion that a violation occurred is based, recommending that an
23-23 administrative penalty under this section be imposed on the person
23-24 charged and recommending the amount of that proposed penalty. The
23-25 executive secretary shall base the recommended amount of the
23-26 proposed penalty on the seriousness of the violation determined by
23-27 consideration of the factors set forth in Subsection (c) of this
24-1 section.
24-2 (e) Not later than the 14th day after the date on which the
24-3 report is issued, the executive secretary shall give written notice
24-4 of the report to the person charged. The notice shall include a
24-5 brief summary of the charges, a statement of the amount of the
24-6 penalty recommended, and a statement of the right of the person
24-7 charged to a hearing on the occurrence of the violation or the
24-8 amount of the penalty, or both the occurrence of the violation and
24-9 the amount of the penalty.
24-10 (f) Not later than the 20th day after the date on which
24-11 notice is received, the person charged may accept the determination
24-12 of the executive secretary made under Subsection (d) of this
24-13 section, including the recommended penalty, or make a written
24-14 request for a hearing on the determination.
24-15 (g) If the person charged with the violation accepts the
24-16 determination of the executive secretary, the Board shall issue an
24-17 order approving the determination and ordering the payment of the
24-18 recommended penalty.
24-19 (h) If the person charged requests a hearing or fails to
24-20 timely respond to the notice, the executive secretary shall set a
24-21 hearing and give notice of the hearing. The hearing shall be held
24-22 by a hearing examiner designated by the Board. The hearing
24-23 examiner shall make findings of fact and conclusions of law and
24-24 promptly issue to the Board a proposal for decision as to the
24-25 occurrence of the violation, including a recommendation as to the
24-26 amount of the proposed penalty if a penalty is warranted. Based on
24-27 the findings of fact, conclusions of law, and recommendations of
25-1 the hearing examiner, the Board by order may find a violation has
25-2 occurred and may assess a penalty or may find that no violation has
25-3 occurred. All proceedings under this subsection are subject to the
25-4 Administrative Procedure and Texas Register Act (Article 6252-13a,
25-5 Vernon's Texas Civil Statutes) and its subsequent amendments.
25-6 (i) The executive secretary shall give notice of the Board's
25-7 order to the person charged. The notice shall include:
25-8 (1) the findings of fact and conclusions of law
25-9 separately stated;
25-10 (2) the amount of the penalty ordered, if any;
25-11 (3) a statement of the right of the person charged to
25-12 judicial review of the Board's order, if any; and
25-13 (4) other information required by law.
25-14 (j) Within the 30-day period immediately following the day
25-15 on which the order becomes final as provided by Section 16(c),
25-16 Administrative Procedure and Texas Register Act (Article 6252-13a,
25-17 Vernon's Texas Civil Statutes), and its subsequent amendments, the
25-18 person charged with the penalty shall:
25-19 (1) pay the penalty in full; or
25-20 (2) if the person files a petition for judicial review
25-21 contesting either the amount of the penalty or the fact of the
25-22 violation or contesting both the fact of the violation and the
25-23 amount of the penalty:
25-24 (A) forward the amount to the executive
25-25 secretary for placement in an escrow account; or
25-26 (B) in lieu of payment into escrow, post with
25-27 the executive secretary a supersedeas bond in a form approved by
26-1 the executive secretary for the amount of the penalty, the bond to
26-2 be effective until all judicial review of the order or decision is
26-3 final.
26-4 (k) If a person charged is financially unable to either
26-5 forward the amount of the penalty for placement in an escrow
26-6 account or post a supersedeas bond for the amount of the penalty,
26-7 the person may satisfy the requirements of Subsection (j)(2) of
26-8 this section by filing with the executive secretary an affidavit
26-9 sworn by the person charged, stating that the person is financially
26-10 unable to either forward the amount of the penalty or post a bond.
26-11 (l) Failure to forward the money to or to post the bond or
26-12 file the affidavit with the executive secretary within the time
26-13 provided by Subsection (j) of this section results in a waiver of
26-14 all legal rights to judicial review. Also, if the person charged
26-15 fails to pay the penalty in full as provided under Subsection
26-16 (j)(1) of this section or forward the money, post the bond, or file
26-17 the affidavit as provided by Subsection (j) or (k) of this section,
26-18 the executive secretary may forward the matter to the attorney
26-19 general for enforcement.
26-20 (m) Judicial review of the order or decision of the Board
26-21 assessing the penalty shall be under the substantial evidence rule
26-22 and shall be instituted by filing a petition with a district court
26-23 in Travis County, as provided by Section 19, Administrative
26-24 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
26-25 Civil Statutes), and its subsequent amendments.
26-26 (n) If the penalty is reduced or not assessed by the court,
26-27 the executive secretary shall remit to the person charged the
27-1 appropriate amount plus accrued interest if the penalty has been
27-2 paid or shall execute a release of the bond if a supersedeas bond
27-3 has been posted. The accrued interest on amounts remitted by the
27-4 executive secretary under this subsection shall be paid at a rate
27-5 equal to the rate charged on loans to depository institutions by
27-6 the New York Federal Reserve Bank and shall be paid for the period
27-7 beginning on the date the penalty is paid to the executive
27-8 secretary under Subsection (j) of this section and ending on the
27-9 date the penalty is remitted.
27-10 (o) A penalty collected under this section for a violation
27-11 by a person licensed or permitted under this Act shall be deposited
27-12 in the general revenue fund.
27-13 Sec. 19b. A person who violates this Act or a rule adopted
27-14 by the Board under this Act is liable to the state for a civil
27-15 penalty of $1,000 for each day of violation. At the request of the
27-16 Board, the attorney general shall bring an action to recover a
27-17 civil penalty authorized under this section.
27-18 Sec. 19c. In addition to the other disciplinary actions
27-19 authorized by this Act, the Board may require that a licensee who
27-20 violates this Act participate in continuing education programs.
27-21 The Board shall specify the continuing education programs that may
27-22 be attended and the number of hours that must be completed by an
27-23 individual licensee to fulfill the requirements of this section.
27-24 Sec. 19d. (a) An executive committee of the Board,
27-25 consisting of the president of the Board and two other Board
27-26 members appointed by the president, may temporarily suspend the
27-27 license of a licensee under this Act if the executive committee
28-1 determines from the evidence or information presented to the
28-2 committee that the continued practice by the licensee constitutes a
28-3 continuing or imminent threat to the public welfare.
28-4 (b) A temporary suspension authorized under Subsection (a)
28-5 of this section may also be ordered on a majority vote of the
28-6 Board.
28-7 (c) A license temporarily suspended under this section may
28-8 be suspended without notice or hearing if, at the time the
28-9 suspension is ordered, a hearing on whether disciplinary
28-10 proceedings under this Act should be initiated against the licensee
28-11 is scheduled to be held not later than the 14th day after the date
28-12 of the suspension. A second hearing on the suspended license shall
28-13 be held not later than the 60th day after the date the suspension
28-14 was ordered. If the second hearing is not held in the time
28-15 required by this subsection, the suspended license is automatically
28-16 reinstated.
28-17 (d) The Board by rule shall adopt procedures for the
28-18 temporary suspension of a license under this section.
28-19 Sec. 19e. The Board shall adopt rules for the licensing and
28-20 regulation of chiropractic facilities as necessary to protect the
28-21 public health, safety, and welfare. A rule adopted by the Board
28-22 under this section must:
28-23 (1) specify the licensing requirements for a
28-24 chiropractic facility;
28-25 (2) set out the structure of the facility licensing
28-26 program; and
28-27 (3) provide that the Board shall issue one facility
29-1 license to an owner of a chiropractic facility without regard to
29-2 the number of chiropractic facilities owned by the owner.
29-3 SECTION 20. Section 11B, Chapter 94, Acts of the 51st
29-4 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
29-5 Civil Statutes), is repealed.
29-6 SECTION 21. (a) As soon as possible on or after the
29-7 effective date of this Act, the governor shall appoint nine new
29-8 members to the Texas Board of Chiropractic Examiners in accordance
29-9 with Section 3, Chapter 94, Acts of the 51st Legislature, Regular
29-10 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as
29-11 amended by this Act. In making the appointments, the governor
29-12 shall designate three members for terms expiring February 1, 1995,
29-13 three members for terms expiring February 1, 1997, and three
29-14 members for terms expiring February 1, 1999. The members appointed
29-15 under this subsection may not perform the functions of the board
29-16 until the day after the date a majority of the new members take
29-17 office.
29-18 (b) Until the date the new members of the Texas Board of
29-19 Chiropractic Examiners may begin performing the functions of the
29-20 board under Subsection (a) of this section, the members serving on
29-21 the board immediately before the effective date of this Act shall
29-22 continue to carry out the functions of the board. On the date the
29-23 new members may begin performing the functions of the board, the
29-24 offices of the members serving immediately before the effective
29-25 date of this Act are abolished.
29-26 (c) The changes in law made by this Act in the
29-27 qualifications of, and the prohibitions applying to, members of the
30-1 Texas Board of Chiropractic Examiners do not affect the entitlement
30-2 of a member serving on the board immediately before the effective
30-3 date of this Act to continue to carry out the functions of the
30-4 board for the period prescribed by Subsection (b) of this section.
30-5 The changes in law apply only to a member appointed on or after the
30-6 effective date of this Act.
30-7 (d) The changes in law made by this Act relating to an
30-8 administrative penalty or civil penalty apply only to a violation
30-9 of Chapter 94, Acts of the 51st Legislative, Regular Session, 1949
30-10 (Article 4512b, Vernon's Texas Civil Statutes), or a rule or order
30-11 adopted by the Texas Board of Chiropractic Examiners that occurs on
30-12 or after the effective date of this Act. A violation occurs on or
30-13 after the effective date of this Act only if each element of the
30-14 violation occurs on or after that date. A violation that occurs
30-15 before the effective date of this Act is governed by the law in
30-16 effect on the date the violation occurred, and the former law is
30-17 continued in effect for that purpose.
30-18 SECTION 22. This Act takes effect September 1, 1993.
30-19 SECTION 23. The importance of this legislation and the
30-20 crowded condition of the calendars in both houses create an
30-21 emergency and an imperative public necessity that the
30-22 constitutional rule requiring bills to be read on three several
30-23 days in each house be suspended, and this rule is hereby suspended.