TBCE Meeting Agenda – August 20, 2015
Written by Editor   
Wednesday, August 19, 2015 07:20 AM

The TBCE will hold committee meetings and a board meeting Thursday, August 20, 2015.  Their agendas include:

COMMITTEE SCHEDULE

Executive Committee – Hobby Bldg, Tower 2 – Room 225 (HPC Board Room)

Dr. Cynthia Tays, Chair, Board President Ms. Kenya Woodruff, Vice-President

Dr. Karen Campion, Secretary-Treasurer

4.1   President's Report
4.2   Executive Director's Report
4.3   Discussion of Sunset Self-Evaluation Report
4.4   Approval of Contracts
4.5   Approval of Draft FY 16 Budget
4.6   Outgoing Board Member Discussion – The Board will discuss appointments (if any) of future Board members. Outgoing Board members Dr. Larry Montgomery, Dr. Patrick Thomas, and Ms. Anne Boatright terms all expired in February.
4.7   Adjourn

 

Licensing & Educational Standards Committee Hobby Bldg, Tower 2 – Room 225 (HPC Board Room)

Ms. Kenya Woodruff, Chair Dr. John Riggs
Dr. Cynthia Tays

Dr. Pat Thomas

 

Rules Committee – Hobby Bldg, Tower 2 – Room 225 (HPC Board Room)

Dr. Larry Montgomery, Chair
Dr. Cynthia Tays

Ms. Anne Boatright, Public Member Ms. Kenya Woodruff, Public Member

8.1 Discussion and Consideration of Rule Amendments and Repeals
8.1.1  Discussion and consideration to adopt Rule 71.2 (Petition for Adoption of Rules).
8.1.2  Discussion and consideration to adopt Rule 72.2 (Application for Licensure).
8.1.3  Discussion and consideration to adopt the amendment of Rule 78.13 (Scope of Practice).
8.1.4  Discussion and consideration to adopt the amendment of Rule 78.17 (Spinal Screenings).
8.1.5  Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 574 (Dual Office Holding).
8.1.6  Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 655 (Merit Selection Principles).
8.1.7  Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 661 (Sick Leave Pool).
8.1.8  Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 441.006 (Private Donors).
8.1.9 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 2261.202 (Contract Monitoring).
8.1.10 Discussion and consideration to adopt the amendment of Rule 77.5 (Delegation of Authority).
8.1.11 Discussion and consideration to propose amendment to Rule 78.8, 79.2, and 79.10 to permit service by electronic-mail upon agreement by the licensee/facility owner/respondent.
8.1.12 Discussion and consideration to propose amendment to Rule 78.6(a) (Required Fees and Charges) and associated amendments to Rules 72.2, 73.3, and 74.2.
8.1.13 Review proposals from Licensure and Education Committee concerning newly enacted legislation to modify Occupations Code Chapter 55. Discussion and consideration to propose new or amended rules pursuant to statutory provisions concerning Licensing of Military Service Member, Military Veterans, and Military Spouses.
8.1.14 Discussion and consideration to propose amendment to Rule 77.10 (Rules to Prevent Fraud).
8.1.15 Discussion and consideration to propose amendment to Rule 78.8 (Complaint Procedures) and associated rule 78.16.
8.1.16 Discussion and consideration to propose amendment to Rule 78.10(b) (Schedule of Sanctions).
8.1.17 Discussion and consideration to propose amendment to Rule 77.7 (Request for Information and Records from Licensees).
8.1.18 Discussion and consideration to propose new rule to Chapter 80, concerning General Regulatory Provisions – Job Notices and Training, as required by House Bill 3337.
8.1.19 Discussion and consideration to propose amendment to Rule to Chapter 80.5, concerning General Regulatory Provisions – Contract Monitoring, as required by Senate Bill 20.
8.1.20 Discussion and consideration to propose add a new rule to Chapter 75, concerning Licenses and Renewals, as required by Occupations Code 112.051.
8.1.21 Discussion and consideration to propose add a new rule to Chapter 77, concerning obstruction of Board proceedings.
8.2 Discussion and comments from Committee Chair concerning Committee business, activities or issues
8.3 Adjournment

 

Full Board Meeting – Hobby Bldg, Tower 2 – Room 225 (HPC Board Room)

All board members

1. CALL TO ORDER, ROLL CALL & ESTABLISHMENT OF A QUORUM
Call to Order, Roll Call and Establishment of a Quorum. Vote as necessary on excusing any absent board members.
2. APPROVAL OF MINUTES
Approval of Minutes from the May 21, 2015 Board Meeting
3. PUBLIC COMMENTS
Forum for licensees, the general public or other interested stakeholders to address the Board
4. EXECUTIVE COMMITTEE BUSINESS
4.1  President’s Report
Dr. Cynthia Tays may make a brief oral report to the Board on matters of current interest, including committee assignments.
4.2  Executive Director’s Report
Executive Director Yvette Yarbrough will present written and oral reports to the Board concerning recent agency activities, statistical reports, audit outcomes, revenues and expenditures, licensing information, enforcement information and issues from the legislative session. Mrs. Yarbrough will answer questions from the board members concerning any agency operations, legislative issues and other matters of concern to the Board.
4.3  Discussion of Sunset Self-Evaluation Report
The Board will discuss the agency’s Sunset Self-Evaluation Report.
4.4  Approval of Contracts
The Board will discuss and vote to approve any contracts and/or contract extensions for which Board approval is needed.
4.5  Approval of Draft FY 16 Budget
The Board will discuss and vote to approve the draft FY 16 budget.
4.6  Outgoing Board Member Discussion
The Board will discuss appointments (if any) of future Board members. Outgoing Board members Dr. Larry Montgomery, Dr. Patrick Thomas, and Ms. Anne Boatright terms all expired in February.
5. EXECUTIVE SESSION
5.1 The Board may meet in Executive Session for consultation with counsel pursuant to Section 551.071, Government Code, wherein the Board and essential staff will receive a briefing from assigned Assistant Attorney General and General Counsel concerning pending or contemplated litigation and settlement offers including but not limited to:
5.1.1 Texas Medical Association lawsuit against the Board, including remand, concerning Diagnosis.
5.1.2 Texas Medical Association lawsuit against the Board regarding Rule 75.17 Scope allowing DCs to perform Vestibular-Ocular-Nystagmus testing and challenge to diagnosis, as well as TMA challenge to definitions of “musculoskeletal system” and “subluxation complex.”
5.1.3 Texas Association of Acupuncture and Oriental Medicine lawsuit against the Board, including appeal, regarding the Board allowing certain chiropractors to perform acupuncture within scope of practice.
5.2 The Board may meet in Executive Session for deliberation on the appointment, employment, evaluation, or duties of the Executive Director, pursuant to Section 551.074, Government Code.
The Board will reconvene in open session after Executive Session to vote on items considered in Executive Session as necessary.
6. CONSIDERATION OF MOTIONS RELATED TO ITEMS DISCUSSED IN EXECUTIVE SESSION
Board members will have the opportunity to offer motions related to any items discussed in Executive Session.
6.1 Consideration of Motions Related to Executive Session
7. LICENSURE AND EDUCATIONAL STANDARDS COMMITTEE BUSINESS
7.1 Request for Late Renewal with Good Cause
7.1.1 Mary Beth Meier, License #4099, Non-Renewable
7.2 Request to Sit for the Texas Jurisprudence Examination for License Reinstatement from a Non-Renewable Status
7.2.1 Lisa Pray, License #9883, Non-Renewable
7.3 Request to Sit for the Texas Jurisprudence Examination for License Reinstatement from a Revoked Status
7.3.1 Tom Pham, License #7878, Revoked
7.4 Presentation and Review of General Licensure Matters
7.4.1 Discussion of Chapter 55 of the Texas Occupations Code (recently amended in the 84th Legislative Session by SB 807 and SB 1307) and recommendation to Rules Committee regarding amendments to Chapters 72, 75 and 76 of Board Rules (dealing with licensure of military service members, military veterans, and military spouses)
7.5 Discussion and comments from Committee Chair concerning Committee business, activities or issues.
8. RULES COMMITTEE BUSINESS
8.1 Discussion and Consideration of Rule Amendments and Repeals
8.1.1 Discussion and consideration to adopt Rule 71.2 (Petition for Adoption of Rules).
8.1.2 Discussion and consideration to adopt Rule 72.2 (Application for Licensure).
8.1.3 Discussion and consideration to adopt the amendment of Rule 78.13 (Scope of Practice).
8.1.4 Discussion and consideration to adopt the amendment of Rule 78.17 (Spinal Screenings).
8.1.5 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 574 (Dual Office Holding).
8.1.6 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 655 (Merit Selection Principles).
8.1.7 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 661 (Sick Leave Pool).
8.1.8 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 441.006 (Private Donors).
8.1.9 Discussion and consideration to adopt new rule pursuant to Texas Government Code Chapter 2261.202 (Contract Monitoring).
8.1.10 Discussion and consideration to adopt the amendment of Rule 77.5 (Delegation of Authority).
8.1.11 Discussion and consideration to propose amendment to Rule 78.8, 79.2, and 79.10 to permit service by electronic-mail upon agreement by the licensee/facility owner/respondent.
8.1.12 Discussion and consideration to propose amendment to Rule 78.6(a) (Required Fees and Charges) and associated amendments to Rules 72.2, 73.3, and 74.2.
8.1.13 Review proposals from Licensure and Education Committee concerning newly enacted legislation to modify Occupations Code Chapter 55. Discussion and consideration to propose new or amended rules pursuant to statutory provisions concerning Licensing of Military Service Member, Military Veterans, and Military Spouses.
8.1.14 Discussion and consideration to propose amendment to Rule 77.10 (Rules to Prevent Fraud).
8.1.15 Discussion and consideration to propose amendment to Rule 78.8 (Complaint Procedures) and associated rule 78.16.
8.1.16 Discussion and consideration to propose amendment to Rule 78.10(b) (Schedule of Sanctions).
8.1.17 Discussion and consideration to propose amendment to Rule 77.7 (Request for Information and Records from Licensees).
8.1.18 Discussion and consideration to propose new rule to Chapter 80, concerning General Regulatory Provisions – Job Notices and Training, as required by House Bill 3337.
8.1.19 Discussion and consideration to propose amendment to Rule to Chapter 80.5, concerning General Regulatory Provisions – Contract Monitoring, as required by Senate Bill 20.
8.1.20 Discussion and consideration to propose add a new rule to Chapter 75, concerning Licenses and Renewals, as required by Occupations Code 112.051.
8.1.21 Discussion and consideration to propose add a new rule to Chapter 77, concerning obstruction of Board proceedings.
8.2 Discussion and comments from Committee Chair concerning Committee business, activities or issues.
9. ENFORCEMENT COMMITTEE BUSINESS
9.1 Consideration of Accepted Agreed Orders. The Board will receive a report from the Enforcement Committee concerning Agreed Orders that have been recommended by the Enforcement Committee and accepted by the Respondents pursuant to the Chiropractic Act §201.554.
9.1.1 Case #2013-398
9.1.2 Case #2014-082
9.1.3 Case #2014-179
9.1.4 Case #2014-251
9.1.5 Case #2014-255
9.1.6 Case #2015-026
9.1.7 Case #2015-034
9.1.8 Case #2015-048
9.1.9 Case #2015-050
9.1.10 Case #2015-079
9.1.11 Case #2015-083
9.1.12 Case #2015-102
9.1.13 Case #2015-108
9.1.14 Case #2015-123
9.1.15 Case #2015-134
9.1.16 Case #2015-135
9.1.17 Case #2015-139
9.1.18 Case #2015-148
9.1.19 Case #2015-167
9.1.20 Case #2015-178
9.1.21 Case #2015-182
9.1.22 Case #2015-186
9.1.23 Case #2105-253
9.1.24 Case #2015-180
9.2 Consideration of Requests to Expunge Records
9.3 Consideration of Board Orders
9.3.1 Case #2013-296
9.3.2 Case #2014-053
9.4 Consideration of Cease and Desist Orders
9.4.1 Case #2014-168
9.4.2 Case #2014-169
9.4.3 Case #2015-039
9.4.4 Case #2015-080
9.4.5 Case #2015-100
9.5.6 Case #2015-107
9.4.7 Case #2015-111
9.4.8 Case #2015-127
9.4.9 Case #2015-137
9.4.10 Case#2015-138
9.4.11 Case#2015-140 9.4.12 Case #2015-151 9.4.13 Case #2015-156 9.4.14 Case #2015-160 9.4.15 Case #2015-162 9.4.16 Case #2015-170
9.5 Consideration of Revocation Orders 9.5.1 Case #2015-241
9.6 Discussion and comments from Committee Chair concerning Committee business, activities or issues.
10. MISCELLANEOUS
10.1 Call for future items for discussion and/or consideration by the Board
10.2 Future Meeting Dates
The planned Board meeting dates for Calendar Years 2015 and 2016 are:
November 19, 2015 (Possibly modify to October 14, 2015) February 18, 2016
May 16, 2016 (TUESDAY)
August 18, 2016
November 17, 2016
*Discussion may be held regarding holding a special Board meeting in October 2015.*
 
The next Enforcement Committee dates, apart from the board meetings, are scheduled for:
October 13, 2015 November 18, 2015
10.3 Adjournment at: _________________ PM.