By: Solomons, et al. (Senate Sponsor - Nelson) H.B. No. 972
(In the Senate - Received from the House May 11, 2005;
May 13, 2005, read first time and referred to Committee on
Government Organization; May 18, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 18, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 972 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Chiropractic Examiners; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.002(a), Occupations Code, is amended
to read as follows:
(a) In this section:
(1) "Controlled substance" has the meaning assigned to
that term by Section 481.002, Health and Safety Code.
(2) "Dangerous drug" has the meaning assigned to that
term by Section 483.001, Health and Safety Code.
(3) "Incisive[, "incisive] or surgical procedure"
includes making an incision into any tissue, cavity, or organ by any
person or implement. The term does not include the use of a needle
for the purpose of drawing blood for diagnostic testing.
(4) "Surgical procedure" includes a procedure
described in the surgery section of the common procedure coding
system as adopted by the Centers for Medicare and Medicaid Services
of the United States Department of Health and Human Services.
SECTION 2. Section 201.004, Occupations Code, is amended to
read as follows:
Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of
Chiropractic Examiners is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2017 [2005].
SECTION 3. Sections 201.053(a), (b), and (d), Occupations
Code, are amended to read as follows:
(a) In this section, "Texas trade association" means a
[nonprofit,] cooperative[,] and voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of health care] may not be a
member [or employee] of the board and may not be a board employee
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care
[who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule].
(d) A person may not be [serve as] a member of the board or
act as the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
SECTION 4. Sections 201.056(a) and (c), Occupations Code,
are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Sections 201.051 and
201.052(b);
(2) does not maintain during service on the board the
qualifications required by Sections 201.051 and 201.052(b);
(3) is ineligible for membership under [violates a
prohibition established by] Section 201.052 or 201.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the board.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
president of the board of the potential ground. The president shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the president, the executive director shall notify the
next highest ranking officer of the board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
SECTION 5. Subchapter B, Chapter 201, Occupations Code, is
amended by adding Section 201.061 to read as follows:
Sec. 201.061. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the board's programs, functions,
rules, and budget;
(2) the results of the most recent formal audit of the
board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 6. Section 201.101, Occupations Code, is amended to
read as follows:
Sec. 201.101. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate [define]
the policymaking [respective] responsibilities of the board and the
management responsibilities of the executive director and the staff
of the board.
SECTION 7. Section 201.152(b), Occupations Code, is amended
to read as follows:
(b) The board shall adopt rules for the enforcement of this
chapter. The board shall issue all rules [opinions] based on a vote
of a majority of the board at a regular or special meeting. The
issuance of a disciplinary action or disciplinary order of the
board is not limited by this subsection.
SECTION 8. Subchapter D, Chapter 201, Occupations Code, is
amended by adding Sections 201.1525 and 201.1526 to read as
follows:
Sec. 201.1525. RULES CLARIFYING SCOPE OF PRACTICE OF
CHIROPRACTIC. The board shall adopt rules clarifying what
activities are included within the scope of the practice of
chiropractic and what activities are outside of that scope. The
rules:
(1) must clearly specify the procedures that
chiropractors may perform;
(2) must clearly specify any equipment and the use of
that equipment that is prohibited; and
(3) may require a license holder to obtain additional
training or certification to perform certain procedures or use
certain equipment.
Sec. 201.1526. DEVELOPMENT OF PROPOSED RULES REGARDING
SCOPE OF PRACTICE OF CHIROPRACTIC. (a) This section applies to the
process by which the board develops proposed rules under Section
201.1525 before the proposed rules are published in the Texas
Register and before the board complies with the rulemaking
requirements of Chapter 2001, Government Code. This section does
not affect the duty of the board to comply with the rulemaking
requirements of that law.
(b) The board shall establish methods under which the board,
to the extent appropriate, will seek input early in the rule
development process from the public and from persons who will be
most affected by a proposed rule. Methods must include identifying
persons who will be most affected and soliciting, at a minimum, the
advice and opinions of those persons. Methods may include
negotiated rulemaking, informal conferences, advisory committees,
and any other appropriate method.
(c) A rule adopted by the board under Section 201.1525 may
not be challenged on the grounds that the board did not comply with
this section. If the board was unable to solicit a significant
amount of advice and opinion from the public or from affected
persons early in the rule development process, the board shall
state in writing the reasons why the board was unable to do so.
SECTION 9. Subchapter D, Chapter 201, Occupations Code, is
amended by adding Section 201.1555 to read as follows:
Sec. 201.1555. FRAUD. (a) The board shall strictly and
vigorously enforce the provisions of this chapter prohibiting
fraud.
(b) The board shall adopt rules to prevent fraud in the
practice of chiropractic, including rules relating to:
(1) the filing of workers' compensation and insurance
claims; and
(2) records required to be maintained in connection
with the practice of chiropractic.
SECTION 10. Subchapter D, Chapter 201, Occupations Code, is
amended by adding Sections 201.163 and 201.164 to read as follows:
Sec. 201.163. POLICY ON TECHNOLOGICAL SOLUTIONS. The board
shall implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform
its functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Sec. 201.164. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 11. Section 201.205(a), Occupations Code, is
amended to read as follows:
(a) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this section must:
(1) distinguish between categories of complaints;
(2) require the board to prioritize complaints for
purposes of determining the order in which they are investigated,
taking into account the seriousness of the allegations made in a
complaint and the length of time a complaint has been pending;
(3) ensure that a complaint is not dismissed without
appropriate consideration;
(4) [(3)] require that the board be advised of a
complaint that is dismissed and that a letter be sent to the person
who filed the complaint explaining the action taken on the
complaint;
(5) [(4)] ensure that the person who filed the
complaint has the opportunity to explain the allegations made in
the complaint; and
(6) [(5)] prescribe guidelines concerning the
categories of complaints that require the use of a private
investigator and the procedures for the board to obtain the
services of a private investigator.
SECTION 12. Subchapter E, Chapter 201, Occupations Code, is
amended by adding Sections 201.207, 201.208, and 201.209 to read as
follows:
Sec. 201.207. INSPECTIONS. (a) The board, during
reasonable business hours, may:
(1) conduct an on-site inspection of a chiropractic
facility to investigate a complaint filed with the board; and
(2) examine and copy records of the chiropractic
facility pertinent to the inspection or investigation.
(b) The board is not required to provide notice before
conducting an inspection under this section.
Sec. 201.208. COOPERATION WITH TEXAS DEPARTMENT OF
INSURANCE. (a) In this section, "department" means the Texas
Department of Insurance.
(b) This section applies only to information held by or for
the department or the board that relates to a person who is licensed
or otherwise regulated by the department or the board.
(c) The department and the board, on request or on the
department or board's own initiative, may share confidential
information or information to which access is otherwise restricted
by law. The department and the board shall cooperate with and
assist each other when either agency is conducting an investigation
by providing information that is relevant to the investigation.
Except as provided by this section, confidential information that
is shared under this section remains confidential under law, and
legal restrictions on access to the information remain in effect
unless the agency sharing the information approves use of the
information by the receiving agency for enforcement purposes. The
provision of information by the board to the department or by the
department to the board under this subsection does not constitute a
waiver of privilege or confidentiality as established by law.
(d) The department and the board shall develop and maintain
a system for tracking investigations conducted by each agency with
the cooperation and assistance of the other agency, including
information on all disciplinary actions taken.
(e) The department and the board shall collaborate on taking
appropriate disciplinary actions to the extent practicable.
Sec. 201.209. INFORMATION ON STATUS OF CERTAIN
INVESTIGATIONS. The board shall include in the annual financial
report required by Section 2101.011, Government Code, information
on all investigations conducted by the board with the cooperation
and assistance of the Texas Department of Insurance and the Texas
Workers' Compensation Commission during the preceding fiscal year.
SECTION 13. Section 201.251, Occupations Code, is amended
to read as follows:
Sec. 201.251. APPOINTMENT OF PEER REVIEW COMMITTEES; TERMS.
(a) The board shall appoint local chiropractic peer review
committees. Members of a local chiropractic peer review committee
serve staggered terms of three years, with as near to one-third of
the members' terms as possible expiring December 31 of each year.
(b) The board may seek input [shall appoint the members of
the peer review committee] from state [a list of nominees submitted
by the local] chiropractic associations in selecting persons to
appoint to a local [association to conduct] peer review committee
[procedures].
SECTION 14. Section 201.252, Occupations Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The board shall establish requirements for peer review
training programs that do not discriminate against any
chiropractor. A peer review training program must include training
in the investigation of complaints in accordance with this chapter
and board rules.
(d) The board by rule shall adopt additional requirements
for eligibility to serve on a chiropractic peer review committee,
including a requirement that a member have:
(1) a clean disciplinary record; and
(2) an acceptable record regarding utilization review
performed in accordance with Article 21.58A, Insurance Code.
SECTION 15. Section 201.253(a), Occupations Code, is
amended to read as follows:
(a) The board shall appoint an executive chiropractic peer
review committee to direct the activities of the local committees.
The executive peer review committee consists of six volunteer
members. Members of the executive peer review committee serve
staggered terms of three years, with one-third of the members'
terms expiring December 31 of each year. The executive peer review
committee shall elect a presiding officer from its members.
SECTION 16. The heading to Section 201.254, Occupations
Code, is amended to read as follows:
Sec. 201.254. DUTIES OF PEER REVIEW COMMITTEE WITH REGARD
TO CERTAIN DISPUTES.
SECTION 17. Subchapter F, Chapter 201, Occupations Code, is
amended by adding Sections 201.2545 and 201.2546 to read as
follows:
Sec. 201.2545. COMPLAINT INVESTIGATION BY PEER REVIEW
COMMITTEE. (a) The board may refer to a local chiropractic peer
review committee for investigation a complaint regarding whether
chiropractic treatment or services provided by a chiropractor were
provided according to the standard of care in the practice of
chiropractic.
(b) In conducting an investigation of a referred complaint,
the committee shall review the records and other evidence obtained
by the staff of the board in the course of the staff's investigation
of the complaint.
(c) The committee shall report to the board its findings
regarding the complaint, including a statement of:
(1) the standard of care in the practice of
chiropractic governing the chiropractic treatment or services
provided by the chiropractor;
(2) whether the chiropractor met the standard of care
in providing the treatment or services; and
(3) the clinical basis for the committee's finding
under Subdivision (2).
(d) The board may request a member of the committee to
attend an informal conference or testify at a contested case
hearing.
(e) The board, with input from the executive chiropractic
peer review committee, shall adopt rules necessary to implement
this section.
Sec. 201.2546. IMMUNITY; ELIGIBILITY TO PARTICIPATE IN
COMMITTEE ACTIVITIES. (a) In the absence of fraud, conspiracy, or
malice, a member of a peer review committee is not liable in a civil
action for a finding, evaluation, recommendation, or other action
made or taken by the member as a member of the committee or by the
committee. The immunity granted by this subsection does not limit
the operation of federal or state antitrust laws as applied to the
conduct of a local or executive peer review committee that involves
price fixing or any other unreasonable restraint of trade.
(b) A member of a peer review committee may not participate
in committee deliberations or other activities involving
chiropractic services or treatment rendered or performed by the
member.
(c) Except for the express immunity provided by Subsection
(a), this section does not deprive any person of a right or remedy,
legal or equitable.
SECTION 18. Section 201.255, Occupations Code, is amended
to read as follows:
Sec. 201.255. REQUEST FOR INFORMATION; REPORT TO BOARD ON
DISPUTES MEDIATED. (a) The board may request from a chiropractic
peer review committee information pertaining to actions taken by
the peer review committee.
(b) The executive chiropractic peer review committee shall
file annually with the board a report on the disputes mediated by
the local chiropractic peer review committees under Section 201.254
during the preceding calendar year. The report must include:
(1) the number of disputes referred to the committees;
(2) a categorization of the disputes referred to the
committees and the number of complaints in each category; and
(3) the number of disputes resolved and the manner in
which they were resolved.
SECTION 19. Subchapter F, Chapter 201, Occupations Code, is
amended by adding Section 201.256 to read as follows:
Sec. 201.256. PUBLIC ACCESS TO INFORMATION REGARDING PEER
REVIEW COMMITTEES. The board shall maintain on the board's
Internet website information regarding local chiropractic peer
review committees, including:
(1) the services committees provide; and
(2) the types of disputes committees mediate.
SECTION 20. Section 201.302, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) An applicant for a license by examination must present
satisfactory evidence to the board that the applicant:
(1) is at least 18 years of age;
(2) is of good moral character;
(3) has completed 90 [60] semester hours of college
courses at a school other than a chiropractic school; and
(4) is either a graduate or a final semester student of
a bona fide reputable chiropractic school.
(d) Notwithstanding Subsection (a)(3), if the Council on
Chiropractic Education or another national chiropractic education
accreditation organization recognized by the board requires a
number of semester hours of college courses at a school other than a
chiropractic school that is greater or less than the number of hours
specified by that subsection to qualify for admission to a
chiropractic school, the board may adopt the requirement of that
organization if the board determines that requirement to be
appropriate.
SECTION 21. Section 201.303(a), Occupations Code, is
amended to read as follows:
(a) To comply with the requirements of Section 201.302
[201.302(a)(3)], the applicant must submit to the board a
transcript of credits that certifies that the applicant has
satisfactorily completed at least the number of [60 or more]
semester hours of college credits required by that section at a
college or university that issues credits accepted by The
University of Texas at Austin for a bachelor of arts or bachelor of
science degree.
SECTION 22. Section 201.305, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The board by rule shall ensure that the examination is
administered to applicants with disabilities in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.).
SECTION 23. Section 201.307(b), Occupations Code, is
amended to read as follows:
(b) The board by rule shall establish the number of times
[and the conditions under which] an applicant may retake the [an]
examination required by Section 201.304(a)(1) or (b), as
applicable. An applicant must pass the examination required by
Section 201.304(a)(2) within three attempts. The board by rule
shall establish the conditions under which an applicant may retake
an examination. The board may require an applicant to fulfill
additional educational requirements.
SECTION 24. Sections 201.354(d) and (g), Occupations Code,
are amended to read as follows:
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to the sum of 1-1/2 times the annual [required] renewal fee
set by the board under Section 201.153(a) and the increase in that
fee required by Section 201.153(b) [and an additional fee equal to
one-half of the examination fee for the license]. If a person's
license has been expired for more than 90 days but less than one
year, the person may renew the license by paying to the board a
renewal fee that is equal to the sum of two times the annual renewal
fee set by the board under Section 201.153(a) and the increase in
that fee required by Section 201.153(b) [all unpaid renewal fees
and an additional fee equal to the examination fee for the license].
(g) A person may renew a license that has been expired for at
least one year but not more than three years if:
(1) the board determines according to criteria adopted
by board rule that the person has shown good cause for the failure
to renew the license; and
(2) the person pays to the board:
(A) the annual [required] renewal fee set by the
board under Section 201.153(a) for each year in which the license
was expired;
(B) [and] an additional fee in an amount equal to
the sum of:
(i) [(A)] the annual renewal [examination]
fee set by the board under Section 201.153(a) [for the license],
multiplied by the number of years the license was expired, prorated
for fractional years; and
(ii) [(B)] two times the annual renewal
[examination] fee set by the board under Section 201.153(a); and
(C) the increase in the annual renewal fee
required by Section 201.153(b) [for the license].
SECTION 25. Section 201.355(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the board a fee that is equal to
the normally required renewal [amount of the examination] fee for
the license.
SECTION 26. The heading to Subchapter J, Chapter 201,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. PRACTICE BY LICENSE HOLDER [REQUIREMENTS REGARDING
USE OF CHIROPRACTIC ASSISTANTS AND TECHNOLOGY]
SECTION 27. Subchapter J, Chapter 201, Occupations Code, is
amended by adding Section 201.453 to read as follows:
Sec. 201.453. MALPRACTICE SETTLEMENT INFORMATION AND
EXPERT REPORTS. (a) The Texas Department of Insurance shall
provide to the board any information received by the department
regarding a settlement of a malpractice claim against a
chiropractor.
(b) An insurer who delivers or issues for delivery in this
state professional liability insurance coverage to a chiropractor
who practices in this state shall provide to the board a copy of any
expert report served under Section 74.351, Civil Practice and
Remedies Code, in a malpractice action against the chiropractor.
SECTION 28. Section 201.502(a), Occupations Code, is
amended to read as follows:
(a) The board may refuse to admit a person to examinations
and may revoke or suspend a license or place a license holder on
probation for a period determined by the board for:
(1) violating this chapter or a rule adopted under
this chapter, including committing an act prohibited under Section
201.5025;
(2) engaging in deception or fraud in the practice of
chiropractic;
(3) presenting to the board or using a license,
certificate, or diploma or a transcript of a license, certificate,
or diploma that was illegally or fraudulently obtained,
counterfeited, or materially altered;
(4) presenting to the board an untrue statement or a
document or testimony that was illegally used to pass the
examination;
(5) being convicted of a crime involving moral
turpitude or a felony;
(6) procuring or assisting in the procuring of an
abortion;
(7) engaging in grossly unprofessional conduct or
dishonorable conduct of a character likely to deceive or defraud
the public;
(8) having a habit of intemperance or drug addiction
or another habit that, in the opinion of the board, endangers the
life of a patient;
(9) using an advertising statement that is false or
that tends to mislead or deceive the public;
(10) directly or indirectly employing or associating
with a person who, in the course of the person's employment, commits
an act constituting the practice of chiropractic when the person is
not licensed to practice chiropractic;
(11) advertising professional superiority, or
advertising the performance of professional services in a superior
manner, if that advertising is not readily subject to verification;
(12) purchasing, selling, bartering, using, or
offering to purchase, sell, barter, or use a chiropractic degree,
license, certificate, or diploma or transcript of a license,
certificate, or diploma in or relating to an application to the
board for a license to practice chiropractic;
(13) altering with fraudulent intent a chiropractic
license, certificate, or diploma or transcript of a chiropractic
license, certificate, or diploma;
(14) impersonating or acting as proxy for another in
an examination required by this chapter for a chiropractic license;
(15) impersonating a licensed chiropractor;
(16) allowing one's chiropractic license to be used by
another person to practice chiropractic;
(17) being proved insane by a person having authority
to make that determination;
(18) failing to use proper diligence in the practice
of chiropractic or using gross inefficiency in the practice of
chiropractic;
(19) failing to clearly differentiate a chiropractic
office or clinic from another business or enterprise;
(20) personally soliciting a patient or causing a
patient to be solicited by the use of a case history of another
patient of another chiropractor;
(21) using for the purpose of soliciting patients an
accident report prepared by a peace officer in a manner prohibited
by Section 38.12, Penal Code; or
(22) advertising using the term "physician" or
"chiropractic physician" or any combination or derivation of the
term "physician."
SECTION 29. Subchapter K, Chapter 201, Occupations Code, is
amended by adding Sections 201.5025 and 201.5026 to read as
follows:
Sec. 201.5025. PROHIBITED PRACTICES BY CHIROPRACTOR OR
LICENSE APPLICANT. (a) A chiropractor or an applicant for a
license to practice chiropractic commits a prohibited practice if
that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) commits fraud or deception in taking or passing an
examination;
(3) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 201.5026, or injure the public;
(4) engages in conduct that subverts or attempts to
subvert an examination process required by this chapter for a
chiropractic license;
(5) directly or indirectly employs a person whose
license to practice chiropractic has been suspended, canceled, or
revoked;
(6) associates in the practice of chiropractic with a
person:
(A) whose license to practice chiropractic has
been suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of chiropractic in this state or elsewhere; or
(7) directly or indirectly aids or abets the practice
of chiropractic by a person that is not licensed to practice
chiropractic by the board.
(b) For purposes of Subsection (a)(4), conduct that
subverts or attempts to subvert the chiropractic licensing
examination process includes, as prescribed by board rule, conduct
that violates:
(1) the security of the examination materials;
(2) the standard of test administration; or
(3) the accreditation process.
Sec. 201.5026. UNPROFESSIONAL OR DISHONORABLE CONDUCT. (a)
For purposes of Section 201.5025(a)(3), unprofessional or
dishonorable conduct that is likely to deceive or defraud the
public includes conduct in which a chiropractor:
(1) commits an act that violates any state or federal
law if the act is connected with the chiropractor's practice of
chiropractic;
(2) prescribes or administers a treatment that is
nontherapeutic in nature or nontherapeutic in the manner the
treatment is prescribed or administered;
(3) violates Section 311.0025, Health and Safety Code;
(4) fails to supervise adequately the activities of
those acting under the supervision of the chiropractor; or
(5) delegates professional chiropractic
responsibility or acts to a person if the delegating chiropractor
knows or has reason to know that the person is not qualified by
training, experience, or licensure to perform the responsibility or
acts.
(b) A complaint, indictment, or conviction of a violation is
not necessary for the enforcement of Subsection (a)(1). Proof of
the commission of the act while in the practice of chiropractic or
under the guise of the practice of chiropractic is sufficient for
the board's action.
SECTION 30. The heading to Section 201.504, Occupations
Code, is amended to read as follows:
Sec. 201.504. INFORMAL PROCEEDINGS; REFUNDS.
SECTION 31. Section 201.504, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) Subject to Subsection (d), the board may order a license
holder to pay a refund to a consumer as provided in an agreement
resulting from an informal settlement conference instead of or in
addition to imposing an administrative penalty under this chapter.
(d) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The board may not require
payment of other damages or estimate harm in a refund order.
SECTION 32. Subchapter K, Chapter 201, Occupations Code, is
amended by adding Section 201.5065 to read as follows:
Sec. 201.5065. REQUIRED SUSPENSION OR REVOCATION OF LICENSE
FOR CERTAIN OFFENSES. (a) The board shall suspend a chiropractor's
license on proof that the chiropractor has been:
(1) initially convicted of:
(A) a felony;
(B) a misdemeanor under Chapter 22, Penal Code,
other than a misdemeanor punishable by fine only;
(C) a misdemeanor on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure;
(D) a misdemeanor under Section 25.07, Penal
Code; or
(E) a misdemeanor under Section 25.071, Penal
Code; or
(2) subject to an initial finding by the trier of fact
of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety Code;
(B) Section 485.033, Health and Safety Code; or
(C) the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b) On final conviction for an offense described by
Subsection (a), the board shall revoke the chiropractor's license.
SECTION 33. Subchapter M, Chapter 201, Occupations Code, is
amended by adding Section 201.6015 to read as follows:
Sec. 201.6015. CEASE AND DESIST ORDER. (a) If it appears
to the board that a person is engaging in an act or practice that
constitutes the practice of chiropractic without a license or
registration under this chapter, the board, after notice and
opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in that activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under Subchapter L.
SECTION 34. Section 201.604, Occupations Code, is amended
to read as follows:
Sec. 201.604. GENERAL CRIMINAL PENALTY. A [Except as
provided by Section 201.605, a] person commits an offense if the
person violates this chapter. An offense under this section is a
misdemeanor punishable by a fine of not less than $50 or more than
$500 or by confinement in the county jail for not more than 30 days.
SECTION 35. Subchapter M, Chapter 201, Occupations Code, is
amended by adding Section 201.606 to read as follows:
Sec. 201.606. CRIMINAL PENALTY: PROVIDING CHIROPRACTIC
TREATMENT OR SERVICES WHILE INTOXICATED. (a) In this section,
"intoxicated" has the meaning assigned by Section 49.01, Penal
Code.
(b) A person commits an offense if the person is licensed or
regulated under this chapter, provides chiropractic treatment or
services to a patient while intoxicated, and, by reason of that
conduct, places the patient at a substantial and unjustifiable risk
of harm.
(c) An offense under this section is a state jail felony.
SECTION 36. Sections 201.053(c), 201.059, 201.162, and
201.254(c)-(e), Occupations Code, are repealed.
SECTION 37. The changes in law made by Section 201.053,
Occupations Code, as amended by this Act, and Section 201.061,
Occupations Code, as added by this Act, regarding the prohibitions
on or qualifications of members of the Texas Board of Chiropractic
Examiners do not affect the entitlement of a member serving on the
board immediately before September 1, 2005, to continue to serve
and function as a member of the board for the remainder of the
member's term. The changes in law made by those sections apply only
to a member appointed on or after September 1, 2005.
SECTION 38. Not later than January 1, 2006, the Texas Board
of Chiropractic Examiners shall adopt the rules required by
Sections 201.1525, 201.1555, and 201.2545, Occupations Code, as
added by this Act, and Sections 201.205 and 201.252, Occupations
Code, as amended by this Act.
SECTION 39. The changes in law made by this Act to Chapter
201, Occupations Code, relating to the investigation of a complaint
apply only to a complaint filed with the Texas Board of Chiropractic
Examiners on or after the effective date of this Act. A complaint
filed with the board before the effective date of this Act is
governed by the law as it existed immediately before that date, and
the former law is continued in effect for that purpose.
SECTION 40. (a) The terms of the members of the local
chiropractic peer review committees appointed under Section
201.251, Occupations Code, serving on December 31, 2005, expire on
that date.
(b) On or before January 1, 2006, the Texas Board of
Chiropractic Examiners shall appoint the members of the local
chiropractic peer review committees under Section 201.251,
Occupations Code, as amended by this Act. In appointing the initial
members of each committee, the board shall appoint as near to
one-third of the members as possible to terms expiring December 31,
2006, as near to one-third as possible to terms expiring December
31, 2007, and as near to one-third as possible to terms expiring
December 31, 2008. This Act does not prohibit a person who is a
member of a local chiropractic peer review committee before January
1, 2006, from being appointed as a member of the committee to serve
a term beginning on or after January 1, 2006, if the person has the
qualifications required for the position under Section 201.252,
Occupations Code, as amended by this Act.
SECTION 41. (a) The terms of the members of the executive
chiropractic peer review committee appointed under Section
201.253, Occupations Code, serving on December 31, 2005, expire on
that date.
(b) On or before January 1, 2006, the Texas Board of
Chiropractic Examiners shall appoint the members of the executive
chiropractic peer review committee under Section 201.253,
Occupations Code, as amended by this Act. In appointing the initial
members of the committee, the board shall appoint two persons to
terms expiring December 31, 2006, two to terms expiring December
31, 2007, and two to terms expiring December 31, 2008. This Act
does not prohibit a person who is a member of the executive
chiropractic peer review committee before January 1, 2006, from
being appointed as a member of the committee to serve a term
beginning on or after January 1, 2006, if the person has the
qualifications required for the position under Section 201.253,
Occupations Code, as amended by this Act.
SECTION 42. The changes in law made by this Act to Sections
201.302 and 201.303, Occupations Code, apply only to a person who
enrolls in a chiropractic school on or after the effective date of
this Act. A person who enrolled in a chiropractic school before
that date is governed by the law in effect on the date of
enrollment, and the former law is continued in effect for that
purpose.
SECTION 43. The changes in law made by this Act to Sections
201.354 and 201.355, Occupations Code, apply only to the renewal of
a license to practice chiropractic that expires on or after the
effective date of this Act. A license that expires before that date
is governed by the law in effect on the date the license expires,
and the former law is continued in effect for that purpose.
SECTION 44. This Act takes effect September 1, 2005.
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