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.