CHIROPRACTIC BOARD RULE CHANGES

July 26th, 2010 by Jon Porter | Print

The following are rule changes put forward by the Texas Chiropractic Board.  These rules are currently open for comment.  If there is a rule you agree or disagree with, all comments should be forwarded to the Board.  The proposed changes are:

Proposed Rules of Practice – Scope of Practice The Texas Board of Chiropractic Examiners (Board) proposes an amendment to §75.17(c)(3), to add a new subparagraph (C) this amendment with an increased requirement that, in order to administer this test, a licensee must have received a diplomate in chiropractic neurology and successfully completed an additional 150-hour post-graduate specialty course in vestibular rehabilitation.

Adopted Rules Applications and Applicants – Approved Chiropractic Schools and Colleges The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §71.5,

The adopted amendment clarifies that bona fide reputable chiropractic schools are those accredited not only by the Council on Chiropractic Education (CCE), but also by other chiropractic educational accrediting bodies that are members in good standing with the Councils on Chiropractic Education International (CCEI). CCE is the American component of CCEI, so American schools currently considered to be “bona fide reputable chiropractic schools” will not be affected by this amendment. The Board has determined applicants from foreign chiropractic schools accredited by CCEI member accrediting bodies should be allowed to be licensed if the applicants meet all other licensing criteria in the state of Texas. Section 201.302 states that an applicant must be either a graduate or a final semester student of a bona fide reputable doctor of chiropractic degree program. Section 201.303 sets forth parameters for determining what qualifies as a bona fide reputable doctor of chiropractic degree program 35 TexReg 5557-58

 Adopted Rules Licenses and Renewals – Renewal of License The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §73.2,

§73.2 The adopted amendment adds subsection (j), which deals with information required to be furnished by licensees to the Board pursuant to license renewal applications. language MOVED FROM 80.3(G)

 Adopted Rules of Practice – Spinal Screening The Texas Board of Chiropractic Examiners (Board) adopts new §75.23, concerning spinal screening, to set forth the minimal standards for conducting out-of-facility spinal screenings, such as at a health fair or other community event. The new rule provides standards for the training required of persons conducting out-of-facility spinal screenings and for the information that must be provided to the public at such screenings. School spinal screenings would still need to be conducted in compliance with DSHS rules and guidelines.

 Adopted Rules of Practice – Impaired Licensees and Applicants Texas Board of Chiropractic Examiners (Board) adopt new §75.25, establishes criteria for when the Board can require an impaired licensee or applicant to undergo mental and/or physical examination. Previously, this information was contained in §80.3, which deals with requests for information and records from licensees. The Board determined that information regarding impaired licensees and applicants would be more appropriate in new §75.25.

 Adopted Rules Formal SOAH Proceedings –amendment to §76.3, concerning Commencement of Enforcement Proceedings corrects an incorrect citation to the Administrative Procedure Act (APA). Previously, subsection (b) cited §2001.052 of the APA in declaring that a respondent is entitled to reasonable notice of a hearing of not less than then days prior to the hearing. However, the correct reference to the APA should be §2001.051, as reflected in this adopted amendment.

  Adopted Rules Formal SOAH Proceedings – Default Judgments amendment to §76.11, concerning Default Judgments, changes the font size of the required default judgment disclosure in notices of hearing. Previously, subsection (b) read that the default judgment disclosure in a notice of hearing was required to be 10-point font Therefore, the adopted amendment changes the required font size for a default judgment disclosure in a notice of hearing to 12-point font.

 Adopted Rules Professional Conduct – Request for Information and Records from Licensees amendment to §80.3, the adopted amendment removes subsections (g) and (h). Previously, §80.3(g) dealt with licensees providing information to the Board about answers to questions on an application for license renewal. The Board determined that §73.2(j) is a more appropriate place for this information. Additionally, §80.3(h) dealt with impaired licensees.

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