TBCE Proposes New 75.8
Written by Editor   
Wednesday, September 09, 2015 02:21 PM

The Texas Board of Chiropractic Examiners (Board) proposes new §75.8, concerning Exemption from Licensure Fee for Retired Chiropractor Providing Voluntary Charity Care. Red indicates newly added language.  Strikethrough indicates language to be deleted.

§75.8.Exemption From Licensure Fee for Retired Chiropractor Providing Voluntary Charity Care.

(a) A retired chiropractor licensed by the board whose only practice is the provision of voluntary charity care shall be exempt from the licensure fee. A qualifying chiropractor is a person who maintained a license in good standing prior to seeking the exemption.

(b) As used in this section:

(1) "voluntary charity care" means chiropractic care provided for no compensation to: 

(A) indigent populations;

(B) in medically underserved areas; or

(C) for a disaster relief organization.

(2) "compensation" means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.

(c) To qualify for and obtain such an exemption, a chiropractor must truthfully certify under oath, on a form approved by the Board that the following information is correct:

(1) the chiropractor's practice of chiropractic does not include the provision of chiropractic services for either direct or indirect compensation which has monetary value of any kind;

(2) the chiropractor's practice of chiropractic is limited to voluntary charity care for which the chiropractor receives no direct or indirect compensation of any kind for chiropractic services rendered;

(3) the chiropractor's practice of chiropractic does not include the provision of chiropractic services to members of the chiropractor's family; and 

(4) the chiropractor's practice of chiropractic comports to the Board's rules.

(d) A chiropractor who qualifies for and obtains an exemption from the licensure fee authorized under this section shall obtain and report continuing education as required under Chapter 75 of the Board's rules.

(e) A retired chiropractor who has obtained an exemption from the licensure fee as provided for under this section, may be subject to disciplinary action under Chapter 201 of the Texas Chiropractic Act and Title 22, Part 3 of the Texas Administrative Code, containing the Board's rules.

(f) A chiropractor who attempts to obtain an exemption from the licensure fee under this section by submitting false or misleading statements to the board shall be subject to disciplinary action pursuant to Chapter 201 of the Texas Chiropractic Act and Title 22, Part 3 of the Texas Administrative Code, containing the Board's rules, in addition to any civil or criminal actions provided for by state or federal law.

(g) A retired chiropractor providing voluntary charity care must obtain the approval of the Board before returning to active status by complying with all provisions of holding an active license under the Board's rule.