By:  Carona                                            S.B. No. 651
                                A BILL TO BE ENTITLED
 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.