By: Legler, et al. (Senate Sponsor - Jackson) H.B. No. 3450
         (In the Senate - Received from the House May 4, 2009;
  May 12, 2009, read first time and referred to Committee on
  Administration; May 20, 2009, reported favorably by the following
  vote:  Yeas 5, Nays 0; May 20, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a temporary faculty license for chiropractic faculty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.308, Occupations Code, is amended by
  adding Subsections (c) through (n) to read as follows:
         (c)  The board may issue a temporary faculty license to
  practice chiropractic to a person as provided by this section.  The
  person:
               (1)  must hold a current chiropractic license that is
  unrestricted and not subject to a disciplinary order or probation
  in another state or a Canadian province;
               (2)  may not hold a chiropractic license in another
  state or a Canadian province that has any restrictions,
  disciplinary orders, or probation;
               (3)  must pass the examination required under Section
  201.304(a)(2);
               (4)  must have been engaged in the practice of
  chiropractic:
                     (A)  for at least the three years preceding the
  date of the application under this section; or
                     (B)  as a chiropractic educator in a doctor of
  chiropractic degree program accredited by the Council on
  Chiropractic Education for at least the three years preceding the
  date of the application under this section; and
               (5)  must hold a salaried faculty position of at least
  the level of assistant professor and be working full-time at:
                     (A)  Parker College of Chiropractic; or
                     (B)  Texas Chiropractic College.
         (d)  A person is eligible for a temporary license under
  Subsection (c) if the person holds a faculty position of at least
  the level of assistant professor, the person works at least
  part-time at an institution listed in Subsection (c)(5), and:
               (1)  the person is on active duty in the United States
  armed forces; and
               (2)  the person's practice under the temporary license
  will fulfill critical needs of the citizens of this state.
         (e)  A chiropractor who is issued a temporary license under
  Subsection (c) must sign an oath on a form prescribed by the board
  swearing that the person:
               (1)  has read and is familiar with this chapter and
  board rules;
               (2)  will abide by the requirements of this chapter and
  board rules while practicing under the chiropractor's temporary
  license; and
               (3)  will be subject to the disciplinary procedures of
  the board.
         (f)  A chiropractor holding a temporary license under
  Subsection (c) and the chiropractor's chiropractic school must file
  affidavits with the board affirming acceptance of the terms and
  limits imposed by the board on the chiropractic activities of the
  chiropractor.
         (g)  A temporary license issued under Subsection (c) is valid
  for one year.
         (h)  The holder of a temporary license issued under
  Subsection (c) is limited to the teaching confines of the applying
  chiropractic school as a part of the chiropractor's duties and
  responsibilities assigned by the program and may not practice
  chiropractic outside of the setting of the chiropractic school or
  an affiliate of the chiropractic school.
         (i)  The application for a temporary license under
  Subsection (c) must be made by the chiropractic school in which the
  chiropractor teaches and must contain the information and
  documentation requested by the board.  The application must be
  endorsed by the dean of the chiropractic school or the president of
  the institution.
         (j)  A chiropractor who holds a temporary license issued
  under Subsection (c) and who wishes to receive a permanent
  unrestricted license must meet the requirements for issuance of a
  permanent unrestricted license, including any examination
  requirements.
         (k)  The board shall adopt:
               (1)  rules governing the issuance of a renewal
  temporary faculty license, including a rule that permits a person
  licensed under Subsection (c) to continue teaching while an
  application for a renewal temporary license is pending;
               (2)  fees for the issuance of a temporary license and a
  renewal temporary license; and
               (3)  an application form for temporary licenses and
  renewal temporary licenses to be issued under this section.
         (l)  The fee for a renewal temporary license issued under
  Subsection (k)(1) must be less than the amount of the fee for a
  temporary license issued under Subsection (c).
         (m)  A chiropractic school shall notify the board not later
  than 72 hours after the time:
               (1)  except as provided by Subdivision (2), a
  chiropractor licensed under Subsection (c) ceases to hold a
  full-time salaried position of at least the level of assistant
  professor at the school; and
               (2)  a chiropractor described by Subsection (d) ceases
  to hold a part-time salaried position of at least the level of
  assistant professor at the school.
         (n)  The board shall revoke a license issued under this
  section if the license holder no longer satisfies the requirements
  of this section.
         SECTION 2.  Not later than January 1, 2010, the Texas Board
  of Chiropractic Examiners shall adopt rules, fees, and forms as
  required by Section 201.308, Occupations Code, as amended by this
  Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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