1-1 AN ACT
1-2 relating to certain examinations administered by the Texas Board of
1-3 Chiropractic Examiners.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 201.304, Occupations
1-6 Code, is amended to read as follows:
1-7 (a) To receive a license, an applicant for a license by
1-8 examination must pass:
1-9 (1) the required and optional parts of the examination
1-10 given by the National Board of Chiropractic Examiners, as required
1-11 by and [including the written clinical competency examination,]
1-12 under conditions established by board rule; and
1-13 (2) an [a practical examination given by the board;
1-14 and]
1-15 [(3) a written] examination prepared by the board that
1-16 tests [testing] the applicant's knowledge and understanding of the
1-17 laws relating to the practice of chiropractic in this state.
1-18 SECTION 2. Section 201.305, Occupations Code, is amended to
1-19 read as follows:
1-20 Sec. 201.305. EXAMINATION PROCEDURE. (a) Each examination
1-21 for a license to practice chiropractic shall be conducted [in
1-22 writing] in the English language and in a fair and impartial
1-23 manner.
1-24 (b) An examination given under Section 201.304(a)(1)
1-25 [Examinations] shall be conducted on practical and theoretical
2-1 chiropractic and in the subjects of anatomy-histology, chemistry,
2-2 bacteriology, physiology, symptomatology, pathology and analysis of
2-3 the human spine, and hygiene and public health. [Each applicant
2-4 examined at the same time shall be given identical questions.]
2-5 (c) [The board shall have the examination validated by an
2-6 independent testing entity. The board may use an examination
2-7 purchased from a national testing center only if the national
2-8 testing center has the examination validated by an independent
2-9 testing professional.]
2-10 [(d)] Applicants may be known to the examiners only by
2-11 numbers, without a name or another method of identification on
2-12 examination papers by which members of the board could identify an
2-13 applicant, until after the general averages of the applicants'
2-14 numbers in the class are determined and the licenses are granted or
2-15 refused.
2-16 SECTION 3. Section 201.306, Occupations Code, is amended to
2-17 read as follows:
2-18 Sec. 201.306. EXAMINATION RESULTS. (a) The board shall
2-19 notify each applicant of the results of an [the] examination given
2-20 by the board not later than the 30th day after the date the
2-21 licensing examination is administered. [If an examination is
2-22 graded or reviewed by a national testing service, the board shall
2-23 notify the applicant of the results of the examination not later
2-24 than the 14th day after the date the board receives the results
2-25 from the testing service.]
2-26 (b) [If the notice of the examination results graded or
3-1 reviewed by a national testing service will be delayed longer than
3-2 90 days after the examination date, the board shall notify the
3-3 applicant of the reason for the delay before the 90th day.]
3-4 [(c)] If requested [in writing] by a person who fails an
3-5 examination given by the board, the board shall review with
3-6 [provide to] the person the circumstances surrounding the adverse
3-7 score [an analysis of the person's performance on the examination].
3-8 (c) To pass the examination under Section 201.304(a)(2),
3-9 an [(d) An] applicant must score a [shall be granted a license to
3-10 practice chiropractic if the applicant scores an average] grade of
3-11 at least 75 percent [in each subject on the examination].
3-12 (d) [(e)] All questions and answers from an examination
3-13 given by the board, with the grades attached, authenticated by the
3-14 signature of the examiner, shall be preserved in the executive
3-15 office of the board for at least one year.
3-16 (e) [(f)] Each license shall be attested by the seal of the
3-17 board and signed by all members of the board or a quorum of the
3-18 board.
3-19 SECTION 4. Section 201.307, Occupations Code, is amended to
3-20 read as follows:
3-21 Sec. 201.307. REEXAMINATION. (a) An applicant who fails to
3-22 pass a [the] required examination may take another examination [on
3-23 subjects required in the original examination as prescribed by the
3-24 board].
3-25 (b) The board by rule shall establish the number of times
3-26 and the conditions under which an applicant may retake an
4-1 examination. The board may require an applicant to fulfill
4-2 additional educational requirements.
4-3 (c) If the applicant makes a satisfactory grade [grades in
4-4 the subjects prescribed and taken] on reexamination, the board
4-5 shall grant to the applicant a license to practice chiropractic.
4-6 (d) [The board shall determine the grade to be given an
4-7 applicant on the answers turned in on the subjects of complete and
4-8 partial examination.]
4-9 [(e)] The board's decision under this section is final.
4-10 SECTION 5. This Act takes effect September 1, 2001, and
4-11 applies only to an examination given on or after that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 651 passed the Senate on
March 15, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 651 passed the House on
May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor