S.B. 1062 78(R)    BILL ANALYSIS

S.B. 1062
By: Carona
Public Health
Committee Report (Unamended)


Currently, the Texas Board of Chiropractic Examiners (TBCE) has the
authority to issue only one 
license to the owner of a chiropractic facility regardless of the number
of chiropractic facilities owned by the owner. Also, TBCE has the
authority to penalize a chiropractor if that chiropractor is practicing
within a facility that has not been registered or not renewed the annual
application of the facility.  S.B. 1062 requires that every chiropractic
facility be registered individually. This bill also 
provides that a chiropractic license is not adversely affected if a
chiropractor is practicing in a facility 
that has not registered or renewed its annual application.


It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Chiropractic Examiners in SECTION  1
(Section 201.312, Occupations Code) of this bill. 


Amends Section 201.312, Occupations Code, as follows:
Sec. 201.312. New heading: REGISTRATION OF FACILITIES. Deletes existing
term "ACCREDITATION" from the heading. 
(a) Requires the Texas Board of Chiropractic Examiners (TBCE), by rule, to
adopt requirements for registering, rather than licensing and regulating,
chiropractic facilities as necessary to protect the public health, safety,
and welfare. 
(b) Requires the rules adopted under this section to specify the
registration, rather than licensing, requirements for a chiropractic
facility; prescribe the standards, rather than the structure of, the
chiropractic facility registration program; provide for the issuance of a
separate certificate of registration, rather than one facility license, to
an owner of a chiropractic facility for each chiropractic facility owned
by the owner; and provide for TBCE to send notice to an owner of a
chiropractic facility of the impending expiration of the facility's
certificate of registration before the expiration of the certificate. 
(c) Requires the standards adopted under Subsection (b)(2) to be
consistent with industry standards for the practice of chiropractic. 
(d) Requires the owner of a facility, to register a chiropractic facility,
to take certain actions. 
(e) Authorizes TBCE to issue a certificate of registration only to a
chiropractic facility that complies with the requirements of this section. 
(f) Requires a certificate of registration under this section to be
renewed annually.  Requires the certificate holder, to renew the
certificate, to apply to TBCE and pay an annual fee equal to the amount of
the registration fee under Subsection (d)(2). 
(g) Provides that a person licensed to practice chiropractic in this state
is not subject to disciplinary action under this chapter for practicing in
a chiropractic facility that is not registered under this section. 
(h) Provides that an owner of a chiropractic facility who violates this
section or a rule adopted under this section is subject to disciplinary
action by TBCE in the same manner as a license holder who violates this
chapter or a rule adopted under this chapter. 


September 1, 2003