By:  Carona                                                       S.B. No. 842
	(In the Senate - Filed March 4, 2003; March 10, 2003, read 
first time and referred to Committee on Health and Human Services; 
April 9, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; April 9, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 842                                    By:  Deuell


A BILL TO BE ENTITLED

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.



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