1-1 By: Carona S.B. No. 651
1-2 (In the Senate - Filed February 12, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 5, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 March 5, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 651 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain examinations administered by the Texas Board of
1-11 Chiropractic Examiners.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 201.304, Occupations
1-14 Code, is amended to read as follows:
1-15 (a) To receive a license, an applicant for a license by
1-16 examination must pass:
1-17 (1) the required and optional parts of the examination
1-18 given by the National Board of Chiropractic Examiners, as required
1-19 by and [including the written clinical competency examination,]
1-20 under conditions established by board rule; and
1-21 (2) an [a practical examination given by the board;
1-22 and]
1-23 [(3) a written] examination prepared by the board that
1-24 tests [testing] the applicant's knowledge and understanding of the
1-25 laws relating to the practice of chiropractic in this state.
1-26 SECTION 2. Section 201.305, Occupations Code, is amended to
1-27 read as follows:
1-28 Sec. 201.305. EXAMINATION PROCEDURE. (a) Each examination
1-29 for a license to practice chiropractic shall be conducted [in
1-30 writing] in the English language and in a fair and impartial
1-31 manner.
1-32 (b) An examination given under Section 201.304(a)(1)
1-33 [Examinations] shall be conducted on practical and theoretical
1-34 chiropractic and in the subjects of anatomy-histology, chemistry,
1-35 bacteriology, physiology, symptomatology, pathology and analysis of
1-36 the human spine, and hygiene and public health. [Each applicant
1-37 examined at the same time shall be given identical questions.]
1-38 (c) [The board shall have the examination validated by an
1-39 independent testing entity. The board may use an examination
1-40 purchased from a national testing center only if the national
1-41 testing center has the examination validated by an independent
1-42 testing professional.]
1-43 [(d)] Applicants may be known to the examiners only by
1-44 numbers, without a name or another method of identification on
1-45 examination papers by which members of the board could identify an
1-46 applicant, until after the general averages of the applicants'
1-47 numbers in the class are determined and the licenses are granted or
1-48 refused.
1-49 SECTION 3. Section 201.306, Occupations Code, is amended to
1-50 read as follows:
1-51 Sec. 201.306. EXAMINATION RESULTS. (a) The board shall
1-52 notify each applicant of the results of an [the] examination given
1-53 by the board not later than the 30th day after the date the
1-54 licensing examination is administered. [If an examination is
1-55 graded or reviewed by a national testing service, the board shall
1-56 notify the applicant of the results of the examination not later
1-57 than the 14th day after the date the board receives the results
1-58 from the testing service.]
1-59 (b) [If the notice of the examination results graded or
1-60 reviewed by a national testing service will be delayed longer than
1-61 90 days after the examination date, the board shall notify the
1-62 applicant of the reason for the delay before the 90th day.]
1-63 [(c)] If requested [in writing] by a person who fails an
1-64 examination given by the board, the board shall review with
2-1 [provide to] the person the circumstances surrounding the adverse
2-2 score [an analysis of the person's performance on the examination].
2-3 (c) To pass the examination under Section 201.304(a)(2),
2-4 an [(d) An] applicant must score a [shall be granted a license to
2-5 practice chiropractic if the applicant scores an average] grade of
2-6 at least 75 percent [in each subject on the examination].
2-7 (d) [(e)] All questions and answers from an examination
2-8 given by the board, with the grades attached, authenticated by the
2-9 signature of the examiner, shall be preserved in the executive
2-10 office of the board for at least one year.
2-11 (e) [(f)] Each license shall be attested by the seal of the
2-12 board and signed by all members of the board or a quorum of the
2-13 board.
2-14 SECTION 4. Section 201.307, Occupations Code, is amended to
2-15 read as follows:
2-16 Sec. 201.307. REEXAMINATION. (a) An applicant who fails to
2-17 pass a [the] required examination may take another examination [on
2-18 subjects required in the original examination as prescribed by the
2-19 board].
2-20 (b) The board by rule shall establish the number of times
2-21 and the conditions under which an applicant may retake an
2-22 examination. The board may require an applicant to fulfill
2-23 additional educational requirements.
2-24 (c) If the applicant makes a satisfactory grade [grades in
2-25 the subjects prescribed and taken] on reexamination, the board
2-26 shall grant to the applicant a license to practice chiropractic.
2-27 (d) [The board shall determine the grade to be given an
2-28 applicant on the answers turned in on the subjects of complete and
2-29 partial examination.]
2-30 [(e)] The board's decision under this section is final.
2-31 SECTION 5. This Act takes effect September 1, 2001, and
2-32 applies only to an examination given on or after that date.
2-33 * * * * *