S.B. No. 842
AN ACT
relating to issuance of certain licenses by the Texas Board of
Chiropractic Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.309, Occupations Code, is amended to
read as follows:
Sec. 201.309. LICENSE ISSUANCE TO CERTAIN OUT-OF-STATE
APPLICANTS [PROVISIONAL LICENSE]. The board shall issue [(a) A
person may apply for] a [provisional] license to practice
chiropractic to an out-of-state applicant who:
(1) submits [by paying a fee and filing] a written
application to [with] the board on a form prescribed by the board,
accompanied by the application fee set by the board and any other
information requested by the board;
(2) is[.
[(b) An applicant for a provisional license must:
[(1) be] licensed in good standing to practice
chiropractic [for at least two years] in another state or foreign
country that[:
[(A)] has licensing requirements substantially
equivalent to the requirements of this chapter;
(3) has not been the subject of a disciplinary action
and is not the subject of a pending investigation in any
jurisdiction in which the applicant is or has been licensed;
(4) has graduated from a chiropractic school
accredited by the Council on Chiropractic Education and approved by
rule by the board;
(5) has [and
[(B) maintains professional standards considered
by the board to be equivalent to the standards provided by this
chapter;
[(2) have] passed a national or other examination
recognized by the board relating to the practice of chiropractic;
(6) has passed the board's jurisprudence examination;
(7) has practiced chiropractic:
(A) for at least the three years immediately
preceding the date of the application under this section; or
(B) as a chiropractic educator at a chiropractic
school accredited by the Council on Chiropractic Education for at
least the three years immediately preceding the date of the
application under this section; and
(8) meets any other requirements adopted by rule
[(3) be sponsored by a person licensed] by the board
under this chapter [with whom the provisional license holder may
practice chiropractic].
[(c) An applicant is not required to comply with Subsection
(b)(3) if the board determines that compliance constitutes a
hardship to the applicant.
[(d) An applicant for a provisional license must provide
with the application:
[(1) a license or a certified copy of a license issued
to the applicant after examination to practice chiropractic in
another state or foreign country; and
[(2) an affidavit of the president or secretary of the
board of chiropractic examiners that issued the license, or of a
chiropractic registration officer of the other state or foreign
country, stating that:
[(A) the accompanying license has not been
canceled or revoked; and
[(B) the statements or qualifications contained
in the application for a chiropractic license in this state are
true.
[(e) As a part of the application, the applicant shall
subscribe to an oath in writing before an officer authorized by law
to administer oaths stating that:
[(1) the license under which the applicant practiced
chiropractic in another jurisdiction was in full force and not
suspended or canceled at the time the person moved from the area;
[(2) the applicant is the person to whom the license
was issued;
[(3) a proceeding has not been instituted against the
applicant for the cancellation of the license; and
[(4) a proceeding is not pending against the applicant
in any state or federal court for an offense that would constitute a
felony in this state.
[(f) A provisional license is valid until the date the board
approves or denies the provisional license holder's application for
a license under Section 201.310.]
SECTION 2. Subsection (b), Section 201.153, Occupations
Code, is amended to read as follows:
(b) Each of the following fees imposed under Subsection (a)
is increased by $200:
(1) the fee for an annual renewal of a license;
(2) the fee for issuance of a [provisional] license to
an out-of-state applicant;
(3) the fee for an examination; and
(4) the fee for a reexamination.
SECTION 3. Section 201.310, Occupations Code, is repealed.
SECTION 4. This Act takes effect September 1, 2003, and
applies only to a license application filed with the Texas Board of
Chiropractic Examiners on or after that date. A license
application filed before that date is governed by the law in effect
on the date that the application was filed, and the former law is
continued in effect for that purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 842 passed the Senate on
April 16, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 842 passed the House on
May 23, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor