S.B. No. 1061
AN ACT
1-1 relating to the continuation and functions of the Texas Board of
1-2 Chiropractic Examiners and to the regulation of the practice of
1-3 chiropractic; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Chapter 94, Acts of the 51st
1-6 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 3. (a) A Board to be known as "The Texas Board of
1-9 Chiropractic Examiners" is hereby created. No member of said Board
1-10 shall be a member of the faculty or Board of Trustees of any
1-11 chiropractic school; and all appointments to said Board shall be
1-12 subject to the confirmation of the Senate. The Texas Board of
1-13 Chiropractic Examiners, which hereinafter may be referred to as
1-14 "The Board," shall be composed of nine (9) members, appointed by
1-15 the Governor, whose duty it shall be to carry out the purposes and
1-16 enforce the provisions of this Act. Appointments to the Board
1-17 shall be made without regard to the race, color, disability
1-18 <creed>, sex, religion, age, or national origin of the appointees.
1-19 (b) Six (6) members must be reputable practicing
1-20 chiropractors who have resided in this State for a period of five
1-21 (5) years preceding their appointment. Three (3) members must be
1-22 representatives <members> of the general public. A person is not
1-23 eligible for appointment as a public member of the Board if the
1-24 person or the person's spouse:
2-1 (1) is registered, certified, or licensed by an
2-2 occupational regulatory agency in the field of health care;
2-3 (2) is employed by or participates in the management
2-4 of a business entity or other organization regulated by the Board
2-5 or receiving funds from the Board <that provides health-care
2-6 services or that sells, manufactures, or distributes health-care
2-7 supplies or equipment>; or
2-8 (3) owns or<,> controls, <or has,> directly or
2-9 indirectly, more than a 10 <ten> percent <(10%)> interest in a
2-10 business entity or other organization regulated by the Board or
2-11 receiving funds from the Board; or
2-12 (4) uses or receives a substantial amount of tangible
2-13 goods, services, or funds from the Board, other than compensation
2-14 or reimbursement authorized by law for Board membership,
2-15 attendance, or expenses <that provides health care services or that
2-16 sells, manufactures, or distributes health care supplies or
2-17 equipment>.
2-18 (c) Five (5) members of the Board shall constitute a quorum.
2-19 No member of said Board shall be a stockholder, or have any
2-20 financial interest whatsoever in any chiropractic school or
2-21 college.
2-22 (d) An officer, employee, or paid consultant of a
2-23 professional or trade association in the field of health care may
2-24 not be a member or employee of the Board who is exempt from the
2-25 state's position classification plan or is compensated at or above
2-26 the amount prescribed by the General Appropriations Act for step 1,
2-27 salary group 17, of the position classification salary schedule <A
3-1 member or employee of the Board may not be an officer, employee, or
3-2 paid consultant of a statewide or national trade association in the
3-3 health-care industry>.
3-4 (e) A person who is the spouse of, or who is related within
3-5 the first degree by affinity or within the first degree by
3-6 consanguinity to, an officer, manager, or paid consultant of a
3-7 professional or trade association in the field of health care may
3-8 not be a Board member and may not be an employee of the Board who
3-9 is exempt from the state's position classification plan or is
3-10 compensated at or above the amount prescribed by the General
3-11 Appropriations Act for step 1, salary group 17, of the position
3-12 classification salary schedule <member or employee of the Board may
3-13 not be related within the second degree by affinity or within the
3-14 second degree by consanguinity, as determined under Article 5996h,
3-15 Revised Statutes, to a person who is an officer, employee, or paid
3-16 consultant of a statewide or national trade association in the
3-17 regulated industry>.
3-18 (f) For the purposes of Subsections (d) and (e) of this
3-19 section, a professional or trade association is a nonprofit,
3-20 cooperative, and voluntarily joined association of business or
3-21 professional competitors in this state designed to assist its
3-22 members and its industry or profession in dealing with mutual
3-23 business or professional problems and in promoting their common
3-24 interest.
3-25 (g) A person may not serve as a member of the Board or act
3-26 as the general counsel to the Board if the person <who> is required
3-27 to register as a lobbyist under Chapter 305, Government Code,
4-1 because of the person's activities for compensation on behalf of a
4-2 profession related to the operation of the Board <may not serve as
4-3 a member of the Board or act as the general counsel to the
4-4 Board>.
4-5 (h) <(g)> The members of the Texas Board of Chiropractic
4-6 Examiners shall be divided into three (3) classes, one, two and
4-7 three, and are appointed for staggered six-year terms, with three
4-8 members' terms expiring on February 1 of each odd-numbered year
4-9 <their respective terms of office shall be determined by the
4-10 Governor at the time of the first appointments hereunder>. Members
4-11 hold office for their terms <six (6) years> and until their
4-12 successors are duly appointed and qualified. In case of death or
4-13 resignation of a member of the Board, the Governor shall appoint
4-14 another to take his place for the unexpired term only.
4-15 (i) <(h)> The Texas Board of Chiropractic Examiners is
4-16 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-17 continued in existence as provided by that chapter, the board is
4-18 abolished and this Act expires September 1, 2005 <1993>.
4-19 SECTION 2. Section 3a, Chapter 94, Acts of the 51st
4-20 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
4-21 Civil Statutes), is amended to read as follows:
4-22 Sec. 3a. (a) The Board shall prepare information of public
4-23 <consumer> interest describing the <regulatory> functions of the
4-24 Board and <describing> the Board's procedures by which <consumer>
4-25 complaints are filed with and resolved by the Board. The Board
4-26 shall make the information available to the <general> public and
4-27 appropriate state agencies.
5-1 (b) The Board by rule shall establish methods by which
5-2 consumers and service recipients are notified of the name, mailing
5-3 address, and telephone number of the Board for the purpose of
5-4 directing complaints to the Board. The Board may provide for that
5-5 notification:
5-6 (1) on each registration form, application, or written
5-7 contract for services of an individual or entity regulated by the
5-8 Board; or
5-9 (2) on a sign prominently displayed in the place of
5-10 business of each individual or 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 duties 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 director has knowledge that a potential
6-19 ground for removal exists, the executive director shall notify the
6-20 governor and the attorney general that a potential ground for
6-21 removal exists.
6-22 SECTION 4. Chapter 94, Acts of the 51st Legislature, Regular
6-23 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
6-24 amended by adding Section 3c to read as follows:
6-25 Sec. 3c. (a) Each Board member shall comply with the Board
6-26 member training requirements established by any other state agency
6-27 that is given authority to establish the requirements for the
7-1 Board.
7-2 (b) The Board shall provide to its members and employees, as
7-3 often as necessary, information regarding their qualifications for
7-4 office or employment under this Act and their responsibilities
7-5 under applicable laws relating to standards of conduct for state
7-6 officers or employees.
7-7 SECTION 5. Chapter 94, Acts of the 51st Legislature, Regular
7-8 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
7-9 amended by adding Section 3d to read as follows:
7-10 Sec. 3d. The Board shall develop and implement policies that
7-11 clearly define the respective responsibilities of the Board and the
7-12 staff of the Board.
7-13 SECTION 6. Section 4, Chapter 94, Acts of the 51st
7-14 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
7-15 Civil Statutes), is amended to read as follows:
7-16 Sec. 4. (a) Each member of the Texas Board of Chiropractic
7-17 Examiners shall qualify by taking the Constitutional Oath. At the
7-18 first meeting of said Board after each biennial appointment, the
7-19 Board shall elect <a president,> a vice-president and a
7-20 secretary-treasurer from its members. The governor shall designate
7-21 a member of the Board to act as the president of the Board at the
7-22 pleasure of the governor. Regular meetings shall be held to
7-23 examine applicants and for the transaction of business at least
7-24 twice a year at such time and place as may be determined by the
7-25 Board. Special meetings may be held on a call of three (3) members
7-26 of the Board. The Board may prescribe rules, regulations and
7-27 bylaws in harmony with the provisions of this Act for its own
8-1 proceedings and government for the examination of applicants for
8-2 license to practice chiropractic. The secretary-treasurer shall
8-3 make and file a surety bond in favor of the Texas Board of
8-4 Chiropractic Examiners in the sum of not less than Five Thousand
8-5 Dollars ($5,000) conditioned that he will faithfully discharge the
8-6 duties of his office.
8-7 (b) The Board <Board/commission> is subject to the open
8-8 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
8-9 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
8-10 Statutes), and the Administrative Procedure and Texas Register Act,
8-11 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
8-12 (c) <If the appropriate standing committees of both houses
8-13 of the Legislature acting under Subsection (g), Section 5,
8-14 Administrative Procedure and Texas Register Act, as amended
8-15 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
8-16 Board/commission statements opposing adoption of a rule under that
8-17 section, the rule may not take effect, or if the rule has already
8-18 taken effect, the rule is repealed effective on the date the
8-19 Board/commission receives the committee's statements.>
8-20 <(d)> The Board shall adopt guidelines for educational
8-21 preparation <and acceptable practices> for all aspects of the
8-22 practice of chiropractic. The Board may not adopt a rule relating
8-23 to the meaning of the practice of chiropractic under this Act
8-24 except for:
8-25 (1) a rule relating to an adjustment, manipulation, or
8-26 other procedure directly related to improving the subluxation of
8-27 the spine or of the musculoskeletal system as it directly relates
9-1 to improving the subluxation of the spine; or
9-2 (2) a rule that defines an unacceptable practice of
9-3 chiropractic and provides for a penalty or sanction under this Act.
9-4 (d) The <(e) On or before January 1 of each year, the>
9-5 Board shall file annually with the Governor and the presiding
9-6 officer of each house of the Legislature a complete and detailed
9-7 written report accounting for all funds received and disbursed by
9-8 the Board during <in> the preceding fiscal year. The annual report
9-9 must be in the form and reported in the time provided by the
9-10 General Appropriations Act.
9-11 (e) <(f)> The executive director or the executive director's
9-12 designee <Board> shall develop an intra-agency <intraagency> career
9-13 ladder program. The program shall require intra-agency posting of
9-14 all<, one part of which shall be the intraagency posting of each
9-15 job-opening with the Board in a> nonentry level positions
9-16 concurrently with any public posting <position. The intraagency
9-17 posting shall be made at least ten (10) days before any public
9-18 posting is made>.
9-19 (f) <(g)> The executive director or the executive director's
9-20 designee <Board> shall develop a system of annual performance
9-21 evaluations <of the Board's employees based on measurable job
9-22 tasks>. All <Any> merit pay for <authorized by the> Board
9-23 employees must <shall> be based on the system established under
9-24 this subsection.
9-25 SECTION 7. Chapter 94, Acts of the 51st Legislature, Regular
9-26 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
9-27 amended by adding Sections 4c and 4d to read as follows:
10-1 Sec. 4c. (a) The executive director or the executive
10-2 director's designee shall prepare and maintain a written policy
10-3 statement to ensure implementation of a program of equal employment
10-4 opportunity under which all personnel transactions are made without
10-5 regard to race, color, disability, sex, religion, age, or national
10-6 origin. The policy statement must include:
10-7 (1) personnel policies, including policies relating to
10-8 recruitment, evaluation, selection, application, training, and
10-9 promotion of personnel that are in compliance with the Commission
10-10 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
10-11 and its subsequent amendments;
10-12 (2) a comprehensive analysis of the Board work force
10-13 that meets federal and state guidelines;
10-14 (3) procedures by which a determination can be made of
10-15 significant underutilization in the Board work force of all persons
10-16 for whom federal or state guidelines encourage a more equitable
10-17 balance; and
10-18 (4) reasonable methods to appropriately address those
10-19 areas of underutilization.
10-20 (b) A policy statement prepared under Subsection (a) of this
10-21 section must cover an annual period, be updated annually, be
10-22 reviewed by the Commission on Human Rights for compliance with
10-23 Subsection (a)(1) of this section, and be filed with the governor's
10-24 office.
10-25 (c) The governor's office shall deliver a biennial report to
10-26 the legislature based on the information received under Subsection
10-27 (b) of this section. The report may be made separately or as part
11-1 of other biennial reports to the legislature.
11-2 Sec. 4d. (a) The Board shall develop and implement policies
11-3 that provide the public with a reasonable opportunity to appear
11-4 before the Board and to speak on any issue under the jurisdiction
11-5 of the Board.
11-6 (b) The Board shall prepare and maintain a written plan that
11-7 describes how a person who does not speak English can be provided
11-8 reasonable access to the Board's programs. The Board shall also
11-9 comply with federal and state laws for program and facility
11-10 accessibility.
11-11 SECTION 8. Section 8a, Chapter 94, Acts of the 51st
11-12 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
11-13 Civil Statutes), is amended by amending Subsections (a) and (e) and
11-14 adding Subsection (f) to read as follows:
11-15 (a) Practicing chiropractic as defined in Section 1 of this
11-16 Act without an annual renewal <registration> receipt for the
11-17 current year as provided herein shall have the same force and
11-18 effect and be subject to all penalties of practicing chiropractic
11-19 without a license.
11-20 (e) If a person's license has been expired for one (1) year
11-21 or longer, the person may not renew the license. The person may
11-22 obtain a new license by submitting to reexamination and complying
11-23 with the requirements and procedures for obtaining an original
11-24 license. However, the Board may renew without reexamination an
11-25 expired license of a person who was licensed in this state, moved
11-26 to another state, and is currently licensed and has been in
11-27 practice in the other state for the two years preceding
12-1 application. The person must pay to the Board a fee that is equal
12-2 to the examination fee for the license.
12-3 (f) At least 30 days before the expiration of a person's
12-4 license, the Board shall send written notice of the impending
12-5 license expiration to the person at the licensee's last known
12-6 address according to the records of the Board.
12-7 SECTION 9. Section 8b, Chapter 94, Acts of the 51st
12-8 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
12-9 Civil Statutes), is amended to read as follows:
12-10 Sec. 8b. (a) The provisions of this Act shall apply to all
12-11 persons licensed by the Texas Board of Chiropractic Examiners and
12-12 the annual renewal <registration> fee shall apply to all persons
12-13 licensed by the Texas Board of Chiropractic Examiners, whether or
12-14 not they are practicing within the borders of this State. <As a
12-15 prerequisite to the annual registration or renewal and before the
12-16 chiropractic registration or renewal may be issued, the licensee
12-17 shall present to the Board satisfactory evidence that in the year
12-18 preceding the application for renewal said licensee attended two
12-19 (2) days of continuing educational courses approved by the Board.
12-20 A person licensed by examination during the twelve (12) months
12-21 immediately preceding the January 1st renewal date shall be granted
12-22 renewal without attending the educational programs. Unless the
12-23 exemption provided by this subsection applies, if a licensee fails
12-24 to meet the continuing education requirement the Board may place
12-25 the licensee on probation for a period not to exceed twelve (12)
12-26 months. The Board by rule may set conditions for reinstatement of
12-27 a license during the probationary period. If the licensee fails to
13-1 satisfy the requirements for reinstatement, the licensee may obtain
13-2 a new license only by complying with the requirements and
13-3 procedures for obtaining an original license.>
13-4 (b) The Board shall notify licensees of approved continuing
13-5 education courses at least annually.
13-6 (c) The Board by rule shall adopt requirements for mandatory
13-7 continuing education for licensees under this Act in subjects
13-8 pertaining to the practice of chiropractic. The Board by rule
13-9 shall establish a minimum number of hours of continuing education
13-10 required to renew a license. The Board may assess the continuing
13-11 education needs of licensees and may require licensees to attend
13-12 continuing education courses specified by the Board. The Board by
13-13 rule shall develop a process to evaluate and approve continuing
13-14 education courses.
13-15 (d) The Board shall identify the key factors for the
13-16 competent performance by a licensee of the licensee's professional
13-17 duties. The Board shall adopt a procedure to assess a licensee's
13-18 participation and performance in continuing education programs.
13-19 SECTION 10. Section 8c, Chapter 94, Acts of the 51st
13-20 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
13-21 Civil Statutes), is amended to read as follows:
13-22 Sec. 8c. The Board by rule may adopt a system under which
13-23 licenses <registrations> expire on various dates during the year.
13-24 For the year in which the license expiration date is changed,
13-25 license <registration> fees payable on January 1 shall be prorated
13-26 on a monthly basis so that each licensee <registrant> shall pay
13-27 only that portion of the license <registration> fee that <which> is
14-1 allocable to the number of months during which the license
14-2 <registration> is valid. On renewal of the license <registration>
14-3 on the new expiration date, the total license renewal
14-4 <registration> fee is payable.
14-5 SECTION 11. Section 8d, Chapter 94, Acts of the 51st
14-6 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
14-7 Civil Statutes), is amended by adding Subsection (e) to read as
14-8 follows:
14-9 (e) Rules adopted under this section shall include a time
14-10 limit for a licensee to remain on inactive status.
14-11 SECTION 12. Chapter 94, Acts of the 51st Legislature,
14-12 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
14-13 Statutes), is amended by adding Section 8e to read as follows:
14-14 Sec. 8e. The Board by rule may provide for the issuance of a
14-15 temporary license. Rules adopted under this section shall include
14-16 a time limit for a person who holds a temporary license.
14-17 SECTION 13. Section 9, Chapter 94, Acts of the 51st
14-18 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
14-19 Civil Statutes), is amended to read as follows:
14-20 Sec. 9. (a) The Texas Board of Chiropractic Examiners may
14-21 upon payment by an applicant of a fee grant a provisional license
14-22 to practice chiropractic to an applicant who presents proof of a
14-23 current license in another state, the District of Columbia, a
14-24 territory of the United States, or a foreign country that maintains
14-25 professional standards considered by the Board to be equivalent to
14-26 those set forth in this Act <licentiates of other states or
14-27 territories having requirements and practices equivalent to those
15-1 established by the laws of this State, provided said applicant has
15-2 continuously practiced chiropractic for not less than five years
15-3 preceding the applicant's application to the Board>. Applications
15-4 for license under the provisions of this Section shall be in
15-5 writing, and upon a form to be prescribed by the Texas Board of
15-6 Chiropractic Examiners. Said application shall be accompanied by a
15-7 license, or a certified copy of license to practice chiropractic,
15-8 lawfully issued to the applicant, upon examination, by some other
15-9 state, the District of Columbia, a <or> territory of the United
15-10 States, or a foreign country. Said application shall also be
15-11 accompanied by an affidavit made by the president or secretary of
15-12 the Board of Chiropractic Examiners which issued the said license,
15-13 or by a legally constituted chiropractic registration officer of
15-14 the state, District of Columbia, <or> territory, or foreign country
15-15 by which the license was granted, and on which the application for
15-16 chiropractic registration in Texas is based, reciting that the
15-17 accompanying license has not been cancelled or revoked, and that
15-18 the statement or qualifications made in the application for
15-19 chiropractic license in Texas is true and correct. Applicants for
15-20 license under the provisions of this Section shall subscribe to an
15-21 oath in writing before an officer authorized by law to administer
15-22 oaths, which shall be a part of said application, stating that the
15-23 license under which the applicant practiced chiropractic in the
15-24 State, the District of Columbia, the foreign country, or the
15-25 territory from which the applicant removed, was at the time of such
15-26 removal in full force, and not suspended or cancelled. Said
15-27 application shall also state that the applicant is the identical
16-1 person to whom the said certificate was issued, and that no
16-2 proceeding has been instituted against the applicant for the
16-3 cancellation of said certificate to practice chiropractic in the
16-4 State, District of Columbia, foreign country, or territory by which
16-5 the same was issued; and that no prosecution is pending against the
16-6 applicant in any State or Federal Court for any offense which,
16-7 under the law of Texas is a felony. An applicant for a provisional
16-8 license under this Section must:
16-9 (1) be licensed in good standing as a chiropractor at
16-10 least two years in another state, the District of Columbia, a
16-11 foreign country, or a territory of the United States that has
16-12 licensing requirements that are substantially equivalent to the
16-13 requirements of this Act;
16-14 (2) have passed a national or other examination
16-15 recognized by the Board relating to the practice of chiropractic;
16-16 and
16-17 (3) be sponsored by a person licensed by the Board
16-18 under this Act with whom the provisional licensee may practice
16-19 under this Section.
16-20 (b) An applicant for a provisional license may be excused
16-21 from the requirement of Subsection (a)(3) of this Section if the
16-22 Board determines that compliance with that subsection constitutes a
16-23 hardship to the applicant.
16-24 (c) A provisional license is valid until the date the Board
16-25 approves or denies the provisional licensee's application for a
16-26 license. The Board shall issue a license under this Act to the
16-27 holder of a provisional license under this Section if:
17-1 (1) the provisional licensee passes the part of the
17-2 examination under Section 10 of this Act that pertains to the
17-3 applicant's knowledge and understanding of the laws and regulations
17-4 relating to the practice of chiropractic in this State;
17-5 (2) the Board verifies that the provisional licensee
17-6 has the academic and experience requirements for a license under
17-7 this Act; and
17-8 (3) the provisional licensee satisfies any other
17-9 license requirements under this Act.
17-10 (d) The Board must complete the processing of a provisional
17-11 licensee's application for a license not later than the 180th day
17-12 after the date the provisional license is issued. The Board may
17-13 extend the 180-day limit if the results on an examination have not
17-14 been received by the Board.
17-15 SECTION 14. Subsections (c) and (e), Section 10, Chapter 94,
17-16 Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
17-17 Vernon's Texas Civil Statutes), are amended to read as follows:
17-18 (c) If any applicant, because of failure to pass the
17-19 required examination, shall be refused a license, he or she<, at
17-20 such time as the Texas Board of Chiropractic Examiners may fix, not
17-21 exceeding one (1) year,> shall be permitted to take a subsequent
17-22 examination, upon such subjects required in the original
17-23 examination as the Board may prescribe. The Board by rule shall
17-24 establish the conditions under which an applicant who fails the
17-25 licensing examination may retake the examination and the number of
17-26 times the applicant may retake the examination. The Board may
17-27 require an applicant to fulfill additional educational requirements
18-1 <except that the applicant shall not be required to take a
18-2 re-examination on subjects in which he has made a grade of
18-3 seventy-five per cent (75%) or more, provided the applicant shall
18-4 apply for re-examination within one (1) year>. In the event
18-5 satisfactory grades shall be made in the subjects prescribed and
18-6 taken on such re-examination, the Board shall grant to the
18-7 applicant a license to practice chiropractic. The Board shall
18-8 determine the grade to be given the examinees on the answers turned
18-9 in on the subjects of complete and partial examination, and its
18-10 decision thereupon shall be final.
18-11 (e) Not later than the 30th day <Within thirty (30) days>
18-12 after the day on which a licensing examination is administered
18-13 under this Act, the Board shall notify each examinee of the results
18-14 of the examination. However, if an examination is graded or
18-15 reviewed by a national testing service, the Board shall notify
18-16 examinees of the results of the examination not later than the 14th
18-17 day <within two (2) weeks> after the day that the Board receives
18-18 the results from the testing service. If the notice of the
18-19 examination results graded or reviewed by a national testing
18-20 service will be delayed for longer than 90 <ninety (90)> days after
18-21 the examination date, the Board shall notify the examinee of the
18-22 reason for the delay before the 90th <ninetieth (90th)> day.
18-23 SECTION 15. Subsection (b), Section 11, Chapter 94, Acts of
18-24 the 51st Legislature, Regular Session, 1949 (Article 4512b,
18-25 Vernon's Texas Civil Statutes), is amended to read as follows:
18-26 (b) The Board by rule shall establish reasonable and
18-27 necessary fees so that the fees, in the aggregate, produce
19-1 sufficient revenue to cover the cost of administering this Act.
19-2 The fees set by the Board may be adjusted so that the total fees
19-3 collected shall be sufficient to meet the expenses of administering
19-4 this Act. The Board may not set a fee for an amount less than the
19-5 amount of that fee on September 1, 1993 <for the administration of
19-6 this Act, not to exceed:>
19-7 <(1) annual renewal: $200;>
19-8 <(2) reciprocal license: $200;>
19-9 <(3) examination fee: $120;>
19-10 <(4) reexam fee: $75; and>
19-11 <(5) verification of licensing requirements fee:
19-12 $75>.
19-13 SECTION 16. Section 12, Chapter 94, Acts of the 51st
19-14 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
19-15 Civil Statutes), is amended to read as follows:
19-16 Sec. 12. All examinations for license to practice
19-17 chiropractic shall be conducted in writing in the English language
19-18 and in such manner as to be entirely fair and impartial to all
19-19 applicants. The Board shall have the examination validated by an
19-20 independent testing entity. The Board may use an examination that
19-21 it purchases from a national testing center only if the national
19-22 testing center has the examination validated by an independent
19-23 testing professional. All applicants shall be known to the
19-24 examiners only by numbers, without names or other method of
19-25 identification on examination papers by which members of the Board
19-26 may be able to identify such applicants, or examinees, until after
19-27 the general averages of the examinees' numbers in the class have
20-1 been determined, and license granted or refused. Examinations
20-2 shall be conducted on practical and theoretical chiropractic and in
20-3 the subjects of anatomy-histology, chemistry, bacteriology,
20-4 physiology, symptomatology, pathology and analysis of the human
20-5 spine, and hygiene and public health. Upon satisfactory
20-6 examination, conducted as aforesaid under the rules of the Board,
20-7 which shall consist of an average grade of not less than
20-8 seventy-five per cent (75%) in any one subject, applicants shall be
20-9 granted license to practice chiropractic. All questions and
20-10 answers, with the grades attached, authenticated by the signature
20-11 of the examiner, shall be preserved in the executive office of the
20-12 Board for one (1) year. All applicants examined at the same time
20-13 shall be given identical questions. All certificates shall be
20-14 attested by the seal of the Board, and signed by all members of the
20-15 Board, or a quorum thereof.
20-16 SECTION 17. Chapter 94, Acts of the 51st Legislature,
20-17 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
20-18 Statutes), is amended by adding Section 12a to read as follows:
20-19 Sec. 12a. The Board shall adopt rules for the licensing and
20-20 regulation of chiropractic facilities as necessary to protect the
20-21 public health, safety, and welfare. A rule adopted by the Board
20-22 under this section must:
20-23 (1) specify the licensing requirements for a
20-24 chiropractic facility;
20-25 (2) set out the structure of the facility licensing
20-26 program; and
20-27 (3) provide that the Board shall issue one facility
21-1 license to an owner of a chiropractic facility without regard to
21-2 the number of chiropractic facilities owned by the owner.
21-3 SECTION 18. Section 14, Chapter 94, Acts of the 51st
21-4 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
21-5 Civil Statutes), is amended to read as follows:
21-6 Sec. 14. (a) The Texas Board of Chiropractic Examiners
21-7 shall revoke or suspend a license, place on probation a person
21-8 whose <probate a> license has been suspended <suspension>, or
21-9 reprimand a licensee, or may impose an administrative penalty, for
21-10 a violation <any violations> of this <the> Act or a rule <rules>
21-11 the Board. If a license suspension is probated, the Board may
21-12 require the licensee to:
21-13 (1) report regularly to the Board on matters that are
21-14 the basis of the probation;
21-15 (2) limit practice to the areas prescribed by the
21-16 Board; or
21-17 (3) continue or review continuing professional
21-18 education until the licensee attains a degree of skill satisfactory
21-19 to the Board in those areas that are the basis of the probation.
21-20 (b) The Board by rule shall develop a system for monitoring
21-21 the compliance with the requirements of this Act of license holders
21-22 who are the subject of disciplinary action. Rules adopted under
21-23 this subsection shall include procedures for monitoring a license
21-24 holder who is ordered by the Board to perform certain acts to
21-25 ascertain that the license holder performs the required acts and to
21-26 identify and monitor license holders who are the subject of
21-27 disciplinary action and who present a continuing threat to the
22-1 public welfare through the practice of chiropractic.
22-2 (c) In addition to the other disciplinary actions authorized
22-3 by this Act, the Board may require that a licensee who violates
22-4 this Act participate in continuing education programs. The Board
22-5 shall specify the continuing education programs that may be
22-6 attended and the number of hours that must be completed by an
22-7 individual licensee to fulfill the requirements of this section.
22-8 (d) The Board by rule shall adopt a schedule of the maximum
22-9 amount of sanctions that may be assessed against a licensee for
22-10 each category of violation of this Act. In establishing the
22-11 schedule of sanctions or in imposing the amount of an
22-12 administrative penalty under this Act, the Board shall consider:
22-13 (1) the seriousness of the violation, including the
22-14 nature, circumstances, extent, or gravity of any prohibited acts,
22-15 and the hazard or potential hazard created to the health, safety,
22-16 or economic welfare of the public;
22-17 (2) the economic harm to property or the environment
22-18 caused by the violation;
22-19 (3) the history of previous violations;
22-20 (4) the amount necessary to deter future violations;
22-21 (5) efforts to correct the violation; and
22-22 (6) any other matter that justice may require.
22-23 (e) The schedule of sanctions shall be used by the State
22-24 Office of Administrative Hearings for any sanction imposed as the
22-25 result of a hearing conducted by that office.
22-26 (f) <(b)> The Board shall keep an information file about
22-27 each complaint filed with the Board <relating to a licensee>. The
23-1 Board's information file shall be kept current and contain a record
23-2 for each complaint of:
23-3 (1) all persons contacted in relation to the
23-4 complaint;
23-5 (2) a summary of findings made at each step of the
23-6 complaint process;
23-7 (3) an explanation of the legal basis and reason for a
23-8 complaint that is dismissed; and
23-9 (4) other relevant information.
23-10 (g) <(c)> If a written complaint is filed with the Board
23-11 that the Board has authority to resolve <relating to a licensee>,
23-12 the Board, at least <as frequently as> quarterly and until final
23-13 disposition of the complaint, shall notify the parties to the
23-14 complaint of the status of the complaint unless the notice would
23-15 jeopardize an undercover investigation.
23-16 (h) <(d)> Any person whose license to practice chiropractic
23-17 has been cancelled, revoked or suspended or on whom an
23-18 administrative penalty has been imposed by the Board may take an
23-19 appeal to any of the district courts in the county of his
23-20 residence, but the decision of the Board shall not be enjoined or
23-21 stayed except on application to such district court after notices
23-22 to the Board.
23-23 (i) <(e)> Upon application, the Board may reissue a license
23-24 to practice chiropractic to a person whose license has been
23-25 cancelled or suspended, but such application, in the case of
23-26 cancellation or revocation, shall not be made prior to one (1) year
23-27 after the cancellation or revocation, and shall be made in such
24-1 manner and form as the Board may require.
24-2 (j) <(f)> If the Board proposes to refuse a person's
24-3 application for a license, to suspend or revoke a person's license,
24-4 or to probate or reprimand a person, the person is entitled to a
24-5 hearing before the Board.
24-6 (k) <(g)> Disciplinary proceedings are governed by the
24-7 Administrative Procedure and Texas Register Act, as amended
24-8 (Article 6252-13a, Vernon's Texas Civil Statutes).
24-9 (l) The Board by rule shall adopt a form to standardize
24-10 information concerning complaints made to the Board. The Board by
24-11 rule shall prescribe information to be provided to a person when
24-12 the person files a complaint with the Board.
24-13 (m) The Board shall provide reasonable assistance to a
24-14 person who wishes to file a complaint with the Board.
24-15 SECTION 19. Section 14a, Chapter 94, Acts of the 51st
24-16 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
24-17 Civil Statutes), is amended to read as follows:
24-18 Sec. 14a. The Texas Board of Chiropractic Examiners may
24-19 refuse to admit persons to its examinations and may cancel, revoke
24-20 or suspend licenses or place licensees upon probation for such
24-21 length of time as may be deemed proper by the Board for any one or
24-22 more of the following causes:
24-23 1. For failure to comply with, or the violation of, any of
24-24 the provisions of this Act or of a rule adopted under this Act;
24-25 2. If it is found that said person or persons are in any way
24-26 guilty of deception or fraud in the practice of chiropractic;
24-27 3. The presentation to the Board or use of any license,
25-1 certificate or diploma, which was illegally or fraudulently
25-2 obtained, or the presentation to the Board of any untrue statement
25-3 or any document or testimony which was illegally practiced in
25-4 passing the examination;
25-5 4. Conviction of a crime of the grade of a felony, or one
25-6 which involves moral turpitude, or the procuring or assisting in
25-7 the procuring of an abortion;
25-8 5. Grossly unprofessional conduct or dishonorable conduct of
25-9 a character likely to deceive or defraud the public, habits of
25-10 intemperance or drug addiction, or other habits calculated in the
25-11 opinion of the Board to endanger the lives of patients;
25-12 6. The use of any advertising statement of a character to
25-13 mislead or deceive the public;
25-14 7. Employing or associating with, directly or indirectly,
25-15 any person who, during the period of such employment, commits any
25-16 act constituting the practice of chiropractic when such person is
25-17 not licensed to do so;
25-18 8. The advertising of professional superiority, or the
25-19 advertising of the performance of professional services in a
25-20 superior manner;
25-21 9. The purchase, sale, barter, use, or any offer to
25-22 purchase, sell, barter or use, any chiropractic degree, license,
25-23 certificate, or diploma, or transcript of license, certificate, or
25-24 diploma in or incident to an application to the Board of
25-25 Chiropractic Examiners for license to practice chiropractic;
25-26 10. Altering with fraudulent intent any chiropractic
25-27 license, certificate or diploma, or transcript of chiropractic
26-1 license, certificate or diploma;
26-2 11. The impersonation of, or acting as proxy for, another in
26-3 any examination required by this Act for a chiropractic
26-4 license;
26-5 12. The impersonation of a licensed practitioner, or the
26-6 permitting or allowing another to use his license or certificate to
26-7 practice chiropractic as defined by statute by a licensed
26-8 practitioner;
26-9 13. Proof of insanity of the holder of a certificate, as
26-10 adjudged by the regularly constituted authorities;
26-11 14. Failure to use proper diligence in the practice of
26-12 chiropractic by the holder of a certificate, or grossly inefficient
26-13 practice of chiropractic;
26-14 15. Failing to clearly differentiate a chiropractic office
26-15 or clinic from any other business or enterprise;
26-16 16. Personally soliciting patients, or causing patients to
26-17 be solicited, by the use of case histories of patients of other
26-18 chiropractors; <or>
26-19 17. Using an accident report prepared by a peace officer in
26-20 a manner prohibited by Section 38.12, Penal Code, for the purpose
26-21 of soliciting patients; or
26-22 18. If, when uninvited, a licensee or person designated,
26-23 contracted or paid by licensee directly canvasses, drums, secures
26-24 or solicits by phone, mail or in person patients or potential
26-25 patients who, because of their particular circumstances, are
26-26 vulnerable to undue influence. Circumstances in which patients or
26-27 potential patients may be considered to be vulnerable to undue
27-1 influence include but are not limited to:
27-2 a. when a person is known to the licensee to have recently
27-3 been involved in a motor vehicle accident;
27-4 b. when a person is known to the licensee to have recently
27-5 been involved in a work-related accident; or
27-6 c. when a person is known to the licensee to have recently
27-7 been injured by another person or as a result of another person's
27-8 actions.
27-9 SECTION 20. Chapter 94, Acts of the 51st Legislature,
27-10 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
27-11 Statutes), is amended by adding Sections 14c, 14d, and 14e to read
27-12 as follows:
27-13 Sec. 14c. (a) The Board shall appoint an enforcement
27-14 committee to oversee and conduct the investigation of complaints
27-15 filed with the Board under this Act and to perform other duties
27-16 related to enforcement as directed by the Board. The enforcement
27-17 committee is composed of:
27-18 (1) two or more Board members, at least one of whom is
27-19 a doctor of chiropractic and at least one of whom is a
27-20 representative of the general public;
27-21 (2) the executive director; and
27-22 (3) a representative of the attorney general's office.
27-23 (b) The Board shall adopt rules concerning the investigation
27-24 of a complaint filed with the Board. The rules adopted under this
27-25 subsection shall:
27-26 (1) distinguish between categories of complaints;
27-27 (2) ensure that complaints are not dismissed without
28-1 appropriate consideration;
28-2 (3) require that the Board be advised of a complaint
28-3 that is dismissed and that a letter be sent to the person who filed
28-4 the complaint explaining the action taken on the dismissed
28-5 complaint;
28-6 (4) ensure that the person who filed the complaint has
28-7 an opportunity to explain the allegations made in the complaint;
28-8 and
28-9 (5) prescribe guidelines concerning the categories of
28-10 complaints that require the use of a private investigator and the
28-11 procedures for the Board to obtain the services of a private
28-12 investigator.
28-13 (c) The Board shall dispose of all complaints in a timely
28-14 manner. The Board shall establish a time line for conducting each
28-15 phase of a complaint that is under the control of the Board not
28-16 later than the 30th day after the date the complaint is received by
28-17 the Board. The time line shall be kept in the information file for
28-18 the complaint and all parties shall be notified of the projected
28-19 time requirements for pursuing the complaint. A change in the time
28-20 line must be noted in the complaint information file and all
28-21 parties to the complaint must be notified not later than the
28-22 seventh day after the date the change is made.
28-23 (d) The executive director of the Board shall notify the
28-24 Board of a complaint that extends beyond the time prescribed by the
28-25 Board for resolving the complaint so that the Board may take
28-26 necessary action on the complaint.
28-27 Sec. 14d. (a) The Board by rule shall adopt procedures
29-1 governing:
29-2 (1) informal disposition of a contested case under
29-3 Section 13(e), Administrative Procedure and Texas Register Act
29-4 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-5 subsequent amendments; and
29-6 (2) informal proceedings held in compliance with
29-7 Section 18(c), Administrative Procedure and Texas Register Act
29-8 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
29-9 subsequent amendments.
29-10 (b) Rules adopted under this section must provide the
29-11 complainant and the licensee an opportunity to be heard and must
29-12 require the presence of a representative of the office of the
29-13 attorney general or the Board's legal counsel to advise the Board
29-14 or Board's employees.
29-15 Sec. 14e. (a) If the enforcement committee determines that
29-16 a violation of this Act or a rule or order adopted under this Act
29-17 has occurred it may issue to the Board a report that states the
29-18 facts on which the determination is based and the enforcement
29-19 committee's recommendation on the imposition of an administrative
29-20 penalty, including a recommendation on the amount of the penalty.
29-21 (b) Within 14 days after the date the report is issued, the
29-22 executive director shall give written notice of the report to the
29-23 person. The notice shall be given by certified mail. The notice
29-24 must include a brief summary of the alleged violation and a
29-25 statement of the amount of the recommended penalty and must inform
29-26 the person that the person has a right to a hearing on the
29-27 occurrence of the violation, the amount of the penalty, or both the
30-1 occurrence of the violation and the amount of the penalty.
30-2 (c) Within 20 days after the date the person receives the
30-3 notice, the person in writing may accept the determination and
30-4 recommended penalty of the enforcement committee or may make a
30-5 written request for a hearing on the occurrence of the violation,
30-6 the amount of the penalty, or both the occurrence of the violation
30-7 and the amount of the penalty.
30-8 (d) If the person accepts the determination and recommended
30-9 penalty of the enforcement committee, the Board by order shall
30-10 approve the determination and impose the recommended penalty.
30-11 (e) If the person requests a hearing or fails to respond
30-12 timely to the notice, the executive director shall set a hearing
30-13 and give notice of the hearing to the person. The hearing shall be
30-14 held by an administrative law judge of the State Office of
30-15 Administrative Hearings. The administrative law judge shall make
30-16 findings of fact and conclusions of law and promptly issue to the
30-17 Board a proposal for a decision about the occurrence of the
30-18 violation and the amount of a proposed penalty. Based on the
30-19 findings of fact, conclusions of law, and proposal for a decision,
30-20 the Board by order may find that a violation has occurred and
30-21 impose a penalty or may find that no violation occurred.
30-22 (f) The notice of the Board's order given to the person
30-23 under the Administrative Procedure and Texas Register Act (Article
30-24 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
30-25 amendments must include a statement of the right of the person to
30-26 judicial review of the order.
30-27 (g) Within 30 days after the date the Board's order is final
31-1 as provided by Section 16(c), Administrative Procedure and Texas
31-2 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
31-3 its subsequent amendments, the person shall:
31-4 (1) pay the amount of the penalty;
31-5 (2) pay the amount of the penalty and file a petition
31-6 for judicial review contesting the occurrence of the violation, the
31-7 amount of the penalty, or both the occurrence of the violation and
31-8 the amount of the penalty; or
31-9 (3) without paying the amount of the penalty, file a
31-10 petition for judicial review contesting the occurrence of the
31-11 violation, the amount of the penalty, or both the occurrence of the
31-12 violation and the amount of the penalty.
31-13 (h) Within the 30-day period, a person who acts under
31-14 Subsection (g)(3) of this section may:
31-15 (1) stay enforcement of the penalty by:
31-16 (A) paying the amount of the penalty to the
31-17 court for placement in an escrow account; or
31-18 (B) giving to the court a supersedeas bond
31-19 approved by the court for the amount of the penalty and that is
31-20 effective until all judicial review of the Board's order is final;
31-21 or
31-22 (2) request the court to stay enforcement of the
31-23 penalty by:
31-24 (A) filing with the court a sworn affidavit of
31-25 the person stating that the person is financially unable to pay the
31-26 amount of the penalty and is financially unable to give the
31-27 supersedeas bond; and
32-1 (B) giving a copy of the affidavit to the
32-2 executive director by certified mail.
32-3 (i) An executive director who receives a copy of an
32-4 affidavit under Subsection (h)(2) of this section may, at the
32-5 direction of the enforcement committee, file with the court, within
32-6 five days after the date the copy is received, a contest to the
32-7 affidavit. The court shall hold a hearing on the facts alleged in
32-8 the affidavit as soon as practicable and shall stay the enforcement
32-9 of the penalty on finding that the alleged facts are true. The
32-10 person who files an affidavit has the burden of proving that the
32-11 person is financially unable to pay the amount of the penalty and
32-12 to give a supersedeas bond.
32-13 (j) If the person does not pay the amount of the penalty and
32-14 the enforcement of the penalty is not stayed, the executive
32-15 director may, at the direction of the enforcement committee, refer
32-16 the matter to the attorney general for collection of the amount of
32-17 the penalty.
32-18 (k) Judicial review of the order of the Board:
32-19 (1) is instituted by filing a petition as provided by
32-20 Section 19, Administrative Procedure and Texas Register Act
32-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
32-22 subsequent amendments; and
32-23 (2) is under the substantial evidence rule.
32-24 SECTION 21. Chapter 94, Acts of the 51st Legislature,
32-25 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
32-26 Statutes), is amended by adding Sections 19a and 19b to read as
32-27 follows:
33-1 Sec. 19a. (a) The Board may impose an administrative
33-2 penalty against a person licensed or regulated under this Act who
33-3 violates this Act or a rule or order adopted under this Act. The
33-4 penalty for a violation may be in an amount not to exceed $1,000.
33-5 Each day a violation continues or occurs is a separate violation
33-6 for purposes of imposing a penalty.
33-7 (b) A person who violates this Act or a rule adopted by the
33-8 Board under this Act is liable to the state for a civil penalty of
33-9 $1,000 for each day of violation. At the request of the Board, the
33-10 attorney general shall bring an action to recover a civil penalty
33-11 authorized under this subsection.
33-12 (c) If a court sustains the occurrence of the violation
33-13 after the court reviews the order of the Board imposing an
33-14 administrative penalty, the court may uphold or reduce the amount
33-15 of the administrative penalty and order the person to pay the full
33-16 or reduced amount of the penalty. If a court does not sustain the
33-17 occurrence of the violation, the court shall order that no
33-18 administrative penalty is owed.
33-19 (d) When the judgment of the court becomes final, the court
33-20 shall proceed under this subsection. If the person paid the amount
33-21 of the administrative penalty and if that amount is reduced or is
33-22 not upheld by the court, the court shall order that the appropriate
33-23 amount plus accrued interest be remitted to the person. The rate
33-24 of the interest is the rate charged on loans to depository
33-25 institutions by the New York Federal Reserve Bank, and the interest
33-26 shall be paid for the period beginning on the date the
33-27 administrative penalty was paid and ending on the date the penalty
34-1 is remitted. If the person gave a supersedeas bond and if the
34-2 amount of the administrative penalty is not upheld by the court,
34-3 the court shall order the release of the bond. If the person gave
34-4 a supersedeas bond and if the amount of the administrative penalty
34-5 is reduced, the court shall order the release of the bond after the
34-6 person pays the amount.
34-7 (e) An administrative penalty collected under this section
34-8 shall be remitted to the comptroller for deposit in the general
34-9 revenue fund. The Board may retain five percent of a penalty
34-10 collected under this section to finance a Board-approved peer
34-11 assistance program for chiropractors.
34-12 (f) All proceedings under this section other than a
34-13 proceeding to collect a civil penalty are subject to the
34-14 Administrative Procedure and Texas Register Act (Article 6252-13a,
34-15 Vernon's Texas Civil Statutes) and its subsequent amendments.
34-16 Sec. 19b. (a) The enforcement committee appointed under
34-17 Subsection (a) of Section 14c of this Act on an emergency basis may
34-18 temporarily suspend the license of a licensee under this Act if the
34-19 enforcement committee determines from the evidence or information
34-20 presented to the committee that the continued practice by the
34-21 licensee constitutes a continuing or imminent threat to the public
34-22 welfare.
34-23 (b) A temporary suspension authorized under Subsection (a)
34-24 of this section may also be ordered on a vote of two-thirds of the
34-25 Board.
34-26 (c) A license temporarily suspended under this section may
34-27 be suspended without notice or hearing if, at the time the
35-1 suspension is ordered, a hearing on whether disciplinary
35-2 proceedings under this Act should be initiated against the licensee
35-3 is scheduled to be held not later than the 14th day after the date
35-4 of the suspension. A second hearing on the suspended license shall
35-5 be held not later than the 60th day after the date the suspension
35-6 was ordered. If the second hearing is not held in the time
35-7 required by this subsection, the suspended license is automatically
35-8 reinstated.
35-9 (d) The Board by rule shall adopt procedures for the
35-10 temporary suspension of a license under this section.
35-11 SECTION 22. Chapter 94, Acts of the 51st Legislature,
35-12 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
35-13 Statutes), is amended by adding Section 1b to read as follows:
35-14 Sec. 1b. (a) Communications between one licensed to
35-15 practice chiropractic, relative to or in connection with any
35-16 professional services as a chiropractor to a patient, are
35-17 confidential and privileged and may not be disclosed except as
35-18 provided in this section.
35-19 (b) Records of the identity, diagnosis, evaluation, or
35-20 treatment of a patient by a chiropractor that are created or
35-21 maintained by a chiropractor are confidential and privileged and
35-22 may not be disclosed except as provided in this section.
35-23 (c) Any person who receives information from confidential
35-24 communications or records as described in this section other than
35-25 the persons listed in Subsection (h) of this section who are acting
35-26 on the patient's behalf may not disclose the information except to
35-27 the extent that disclosure is consistent with the authorized
36-1 purposes for which the information was first obtained.
36-2 (d) The prohibitions of this section continue to apply to
36-3 confidential communications or records concerning any patient
36-4 irrespective of when the patient received the services of a
36-5 chiropractor.
36-6 (e) The privilege of confidentiality may be claimed by the
36-7 patient or chiropractor acting on the patient's behalf.
36-8 (f) The chiropractor may claim the privilege of
36-9 confidentiality, but only on behalf of the patient. The authority
36-10 to do so is presumed in the absence of evidence to the contrary.
36-11 (g) Exceptions to confidentiality or privilege in court or
36-12 administrative proceedings exist:
36-13 (1) when the proceedings are brought by the patient
36-14 against a chiropractor, including but not limited to malpractice
36-15 proceedings, and any criminal or license revocation proceeding in
36-16 which the patient is a complaining witness and in which disclosure
36-17 is relevant to the claims or defense of a chiropractor;
36-18 (2) when the patient or someone authorized to act on
36-19 the patient's behalf submits a written consent to the release of
36-20 any confidential information, as provided in Subsection (j) of this
36-21 section;
36-22 (3) when the purpose of the proceedings is to
36-23 substantiate and collect on a claim for chiropractic services
36-24 rendered to the patient;
36-25 (4) in any civil litigation or administrative
36-26 proceeding, if relevant, brought by the patient or someone on his
36-27 behalf if the patient is attempting to recover monetary damages for
37-1 any physical or mental condition including death of the patient;
37-2 any information is discoverable in any court or administrative
37-3 proceeding in this state if the court or administrative body has
37-4 jurisdiction over the subject matter, pursuant to rules of
37-5 procedure specified for the matters;
37-6 (5) in any disciplinary investigation or proceeding of
37-7 a chiropractor conducted under or pursuant to this Act, provided
37-8 that the Board shall protect the identity of any patient whose
37-9 chiropractic records are examined, except for those patients
37-10 covered under Subdivision (1) of this subsection or those patients
37-11 who have submitted written consent to the release of their
37-12 chiropractic records as provided by Subsection (j) of this section;
37-13 (6) in any criminal investigation of a chiropractor in
37-14 which the Board is participating or assisting in the investigation
37-15 or proceeding by providing certain records obtained from the
37-16 chiropractor, provided that the Board shall protect the identity of
37-17 any patient whose records are provided in the investigation or
37-18 proceeding, except for those patients covered under Subdivision (1)
37-19 of this subsection or those patients who have submitted written
37-20 consent to the release of their chiropractic records as provided by
37-21 Subsection (j) of this section; this subsection does not authorize
37-22 the release of any confidential information for the purpose of
37-23 instigating or substantiating criminal charges against a patient;
37-24 and
37-25 (7) in any criminal prosecution where the patient is a
37-26 victim, witness, or defendant; records are not discoverable until
37-27 the court in which the prosecution is pending makes an in camera
38-1 determination as to the relevancy of the records or communications
38-2 or any portion thereof; such determination shall not constitute a
38-3 determination as to the admissibility of such records or
38-4 communications or any portion thereof.
38-5 (h) Exceptions to the privilege of confidentiality, in other
38-6 than court or administrative proceedings, allowing disclosure of
38-7 confidential information by a chiropractor, exist only for the
38-8 following:
38-9 (1) governmental agencies if the disclosures are
38-10 required or permitted by law, provided that the agency shall
38-11 protect the identity of any patient whose chiropractic records are
38-12 examined;
38-13 (2) medical or law enforcement personnel if the
38-14 chiropractor determines that there is a probability of imminent
38-15 physical injury to the patient, to himself, or to others or if
38-16 there is a probability of immediate mental or emotional injury to
38-17 the patient;
38-18 (3) qualified personnel for the purpose of management
38-19 audits, financial audits, program evaluations, or research, but the
38-20 personnel may not identify, directly or indirectly, a patient in
38-21 any report of the research, audit, or evaluation or otherwise
38-22 disclose identity in any manner;
38-23 (4) those parts of the records reflecting charges and
38-24 specific services rendered when necessary in the collection of fees
38-25 for services provided by a chiropractor or chiropractors or
38-26 professional associations or other entities qualified to render or
38-27 arrange for services;
39-1 (5) any person who bears a written consent of the
39-2 patient or other person authorized to act on the patient's behalf
39-3 for the release of confidential information, as provided by
39-4 Subsection (j) of this section;
39-5 (6) individuals, corporations, or governmental
39-6 agencies involved in the payment or collection of fees for services
39-7 rendered by a chiropractor;
39-8 (7) other chiropractors and personnel under the
39-9 direction of the chiropractor who are participating in the
39-10 diagnosis, evaluation, or treatment of the patient; or
39-11 (8) in any official legislative inquiry regarding
39-12 state hospitals or state schools, provided that no information or
39-13 records which identify a patient or client shall be released for
39-14 any purpose unless proper consent to the release is given by the
39-15 patient, and only records created by the state hospital or school
39-16 or its employees shall be included under this subsection.
39-17 (i) Exceptions to the confidentiality privilege in this Act
39-18 are not affected by any statute enacted before the effective date
39-19 of this Act.
39-20 (j)(1) Consent for the release of confidential information
39-21 must be in writing and signed by the patient; a parent or legal
39-22 guardian if the patient is a minor; a legal guardian if the patient
39-23 has been adjudicated incompetent to manage his personal affairs; an
39-24 attorney ad litem appointed for the patient, as authorized by the
39-25 Texas Mental Health Code (Subtitle C, Title 7, Health and Safety
39-26 Code); the Persons with Mental Retardation Act (Subtitle D, Title
39-27 7, Health and Safety Code); Subtitle B, Title 6, Health and Safety
40-1 Code; Subtitle E, Title 7, Health and Safety Code; Chapter 5, Texas
40-2 Probate Code; and Chapter 11, Family Code; or other applicable
40-3 provision or a personal representative if the patient is deceased,
40-4 provided that the written consent specifies the following:
40-5 (A) the information records to be covered by the
40-6 release;
40-7 (B) the reasons or purposes for the release; and
40-8 (C) the person to whom the information is to be
40-9 released.
40-10 (2) The patient or other person authorized to consent
40-11 has the right to withdraw his consent to the release of any
40-12 information. Withdrawal of consent does not affect any information
40-13 disclosed prior to the written notice of the withdrawal.
40-14 (3) Any person who receives information made
40-15 confidential by this Act may disclose the information to others
40-16 only to the extent consistent with the authorized purposes for
40-17 which consent to release the information was obtained.
40-18 (k) A chiropractor shall furnish copies of chiropractic
40-19 records requested or a summary or narrative of the records pursuant
40-20 to a written consent for release of the information as provided by
40-21 Subsection (j) of this section, except if the chiropractor
40-22 determines that access to the information would be harmful to the
40-23 physical, mental, or emotional health of the patient, and the
40-24 chiropractor may delete confidential information about another
40-25 person who has not consented to the release. The information shall
40-26 be furnished by the chiropractor within a reasonable period of
40-27 time, and reasonable fees for furnishing the information shall be
41-1 paid by the patient or someone on the patient's behalf. In this
41-2 subsection, "chiropractic records" means any records pertaining to
41-3 the history, diagnosis, treatment, or prognosis of the patient.
41-4 (l) "Patient" for the purposes of this section means any
41-5 person who consults or is seen by a person licensed to practice
41-6 chiropractic to receive chiropractic care.
41-7 SECTION 23. (a) The changes in law made by this Act in the
41-8 qualifications of, and the prohibitions applying to, members of the
41-9 Texas Board of Chiropractic Examiners do not affect the entitlement
41-10 of a member serving on the board immediately before the effective
41-11 date of this Act to continue to carry out the functions of the
41-12 board for the remainder of the member's term. The changes in law
41-13 apply only to a member appointed on or after the effective date of
41-14 this Act. This Act does not prohibit a person who is a member of
41-15 the board on the effective date of this Act from being reappointed
41-16 to the board if the person has the qualifications required for a
41-17 member under Chapter 94, Acts of the 51st Legislature, Regular
41-18 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as
41-19 amended by this Act.
41-20 (b) The changes in law made by this Act relating to an
41-21 administrative penalty or civil penalty apply only to a violation
41-22 of Chapter 94, Acts of the 51st Legislature, Regular Session, 1949
41-23 (Article 4512b, Vernon's Texas Civil Statutes), or a rule or order
41-24 adopted by the Texas Board of Chiropractic Examiners that occurs on
41-25 or after the effective date of this Act. A violation occurs on or
41-26 after the effective date of this Act only if each element of the
41-27 violation occurs on or after that date. A violation that occurs
42-1 before the effective date of this Act is governed by the law in
42-2 effect on the date the violation occurred, and the former law is
42-3 continued in effect for that purpose.
42-4 (c) Unless the rule has been readopted under Subsection (d)
42-5 of this section, a rule of the Texas Board of Chiropractic
42-6 Examiners adopted after December 31, 1988, expires on September 1,
42-7 1994, except for a rule relating to:
42-8 (1) procedures for the conduct of a contested case
42-9 held under the Administrative Procedure and Texas Register Act
42-10 (Article 6252-13a, Vernon's Texas Civil Statutes); or
42-11 (2) internal operating procedures.
42-12 (d) The board shall initiate rulemaking proceedings to
42-13 review and, if necessary, to amend or readopt a rule scheduled for
42-14 expiration as provided by Subsection (c) of this section. The
42-15 rulemaking provisions of Chapter 94, Acts of the 51st Legislature,
42-16 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
42-17 Statutes), and the Administrative Procedure and Texas Register Act
42-18 (Article 6252-13a, Vernon's Texas Civil Statutes) apply to the
42-19 amendment or readoption of a rule under this subsection.
42-20 (e) Not later than December 1, 1994, the Texas Board of
42-21 Chiropractic Examiners shall submit a report to the governor,
42-22 lieutenant governor, and speaker of the house of representatives on
42-23 the results of the review and rulemaking actions undertaken under
42-24 Subsection (d) of this section.
42-25 SECTION 24. This Act takes effect September 1, 1993.
42-26 SECTION 25. The importance of this legislation and the
42-27 crowded condition of the calendars in both houses create an
43-1 emergency and an imperative public necessity that the
43-2 constitutional rule requiring bills to be read on three several
43-3 days in each house be suspended, and this rule is hereby suspended.