Chiropractic Rules Proposals
Written by Editor   
Thursday, July 23, 2015 10:51 PM

The Texas Board of Chiropractic Examiners (Board) proposes amending several chiropractic rules.  These include Chapter 71, §71.2, concerning Petition for Adoption of Rules, Chapter 72, §72.2, concerning Application for Licensure; Chapter 78, §78.8, concerning Complaint Procedures; Chapter 78, §78.13, concerning Scope of Practice; and Chapter 78 and §§80.1 - 80.5, concerning General Regulatory Provisions.  Below the highlights of the changes are presented. 

Chapter 71, §71.2, concerning Petition for Adoption of Rules.  This amended rule was proposed upon a recommendation by the Rule Committee to the Board and approved by the Board for publication. The current rule calls for the details that must be included in a rule proposal for consideration unless the board waives a portion of those requirements.  The Board noted that at certain times during the year the Board would not meet for over 60 days.  To alleviate undue delay, the executive director could readily waive rule petition requirements for petitions that might not meet the full substance of the rule but encapsulated the spirit of the rule. The proposal would state that such proposals "shall contain the following information as applicable and except as may be waived by the Executive Director or designee [Board]…”  The remainder of the rule remains as it currently reads. 

Chapter 72, §72.2, concerning Application for Licensure.  This amended rule was proposed upon a recommendation by the Rule Committee to the Board and approved by the Board for publication. The Board considered the addition of this language as useful in providing an applicant notice that of all ground upon which an application may be refused to the admission of the practice of chiropractic.  The proposed rule would insert a new subsection to state "(g) Applicants seeking licensure may be refused admission to the practice of chiropractic for certain prohibited acts in accordance with Chiropractic Act, Occupations Code §201.502.” 

Chapter 78, §78.8, concerning Complaint Procedures. The proposed amended rule is necessary in order to remove the requirement for a 120-day hearing that is not found within the Chiropractic Act or the Administrative Procedure Act.  This amended rule was proposed upon a recommendation by the Rule Committee to the Board and approved by the Board for publication. The purpose of the amendment is to remove a requirement for a hearing that is unsupported by statutory provisions mentioned in subsection (g)(1)(C). The rule proposal would strike this section altogether:

[(C) If a temporary suspension is ordered, the Board shall initiate other disciplinary proceedings within 120 days of the date of the order of temporary suspension. If criminal action is pending against the licensee, a final hearing on such disciplinary proceedings may be deferred until such time as the criminal action is finally adjudicated.] 

Chapter 78, §78.13, concerning Scope of Practice.  This amendment was proposed after a recommendation by the Rule Committee to the Board and approved by the Board for publication. The purpose of the amendment is to modify subsection (a) by substituting the word “chapter” for the word “section” to make clear that the definitions in the section were applicable throughout the chapter. 

"The Texas Board of Chiropractic Examiners (Board) proposes new Chapter 78 and §§80.1 - 80.5, concerning General Regulatory Provisions."  The new rules are necessary in order to comply with Legislative requirements regarding dual office holding, merit selection principles, sick leave pool, private donors and contract monitoring. These rules were proposed after a comprehensive review of legislatively mandated rule provisions provided by the Office of the Attorney General.  The provisions of these new sections basically include preventing a TBCE employee from holding dual non-elective offices unless certain legal restrictions are met;  establishing policies to ensure compliance with merit selection principles of federal law; provisions for TBCE employee sick leave; and “criterial, procedures and standards of conduct governing the relationship between the Board and its members and employees and private donors; and monitoring of contracts.