By Carona S.B. No. 651
77R6149 GJH-D
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. Section 201.304(a), Occupations Code, is amended
1-6 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(b)
2-1 [Examinations] shall be conducted on practical and theoretical
2-2 chiropractic and in the subjects of anatomy-histology, chemistry,
2-3 bacteriology, physiology, symptomatology, pathology and analysis of
2-4 the human spine, and hygiene and public health. [Each applicant
2-5 examined at the same time shall be given identical questions.]
2-6 (c) [The board shall have the examination validated by an
2-7 independent testing entity. The board may use an examination
2-8 purchased from a national testing center only if the national
2-9 testing center has the examination validated by an independent
2-10 testing professional.]
2-11 [(d)] Applicants may be known to the examiners only by
2-12 numbers, without a name or another method of identification on
2-13 examination papers by which members of the board could identify an
2-14 applicant, until after the general averages of the applicants'
2-15 numbers in the class are determined and the licenses are granted or
2-16 refused.
2-17 SECTION 3. Section 201.306, Occupations Code, is amended to
2-18 read as follows:
2-19 Sec. 201.306. EXAMINATION RESULTS. (a) The board shall
2-20 notify each applicant of the results of the examination not later
2-21 than the 30th day after the date the licensing examination is
2-22 administered. [If an examination is graded or reviewed by a
2-23 national testing service, the board shall notify the applicant of
2-24 the results of the examination not later than the 14th day after
2-25 the date the board receives the results from the testing service.]
2-26 (b) [If the notice of the examination results graded or
2-27 reviewed by a national testing service will be delayed longer than
3-1 90 days after the examination date, the board shall notify the
3-2 applicant of the reason for the delay before the 90th day.]
3-3 [(c)] If requested [in writing] by a person who fails an
3-4 examination, the board shall review with [provide to] the person
3-5 the circumstances surrounding the adverse score [an analysis of the
3-6 person's performance on the examination].
3-7 (c) To pass the examination under Section 201.304(a)(2),
3-8 an [(d) An] applicant must score a [shall be granted a license to
3-9 practice chiropractic if the applicant scores an average] grade of
3-10 at least 75 percent [in each subject on the examination].
3-11 (d) [(e)] All questions and answers, with the grades
3-12 attached, authenticated by the signature of the examiner, shall be
3-13 preserved in the executive office of the board for at least one
3-14 year.
3-15 (e) [(f)] Each license shall be attested by the seal of the
3-16 board and signed by all members of the board or a quorum of the
3-17 board.
3-18 SECTION 4. Section 201.307, Occupations Code, is amended to
3-19 read as follows:
3-20 Sec. 201.307. REEXAMINATION. (a) An applicant who fails to
3-21 pass a [the] required examination may take another examination [on
3-22 subjects required in the original examination as prescribed by the
3-23 board].
3-24 (b) The board by rule shall establish the number of times
3-25 and the conditions under which an applicant may retake an
3-26 examination. The board may require an applicant to fulfill
3-27 additional educational requirements.
4-1 (c) If the applicant makes a satisfactory grade [grades in
4-2 the subjects prescribed and taken] on reexamination, the board
4-3 shall grant to the applicant a license to practice chiropractic.
4-4 (d) [The board shall determine the grade to be given an
4-5 applicant on the answers turned in on the subjects of complete and
4-6 partial examination.]
4-7 [(e)] The board's decision under this section is final.
4-8 SECTION 5. This Act takes effect September 1, 2001, and
4-9 applies only to an examination given on or after that date.