TBCE Proposes Amendments to Rules 76.1, and 76.2
Written by Editor   
Wednesday, September 09, 2015 02:27 PM

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 76, §76.1 and §76.2, concerning Requirements for Licensure of Out-of-State Applicants and Requirements for Licensure of Military Spouses. Red indicates newly added language.  Strikethrough indicates language to be deleted.

 §76.1.Requirements for Licensure of Out-Of-State Applicants.

(a) An individual who is licensed in another state or foreign country shall be issued a license under the following circumstances:

(1) The applicant must be licensed in good standing as a doctor of chiropractic in another state, the District of Columbia, a territory of the United States, or a foreign country, that has licensing requirements that are substantially equivalent to the requirements of the Texas Chiropractic Act, and must furnish proof of such licensure on board forms provided. For the purposes of this chapter, the term "substantially equivalent" means that the jurisdiction from which the doctor is requesting licensure has, or had at the time of licensure, equivalent practices and requirements in the following areas:

(A) scope of practice;

(B) continuing education;

(C) license renewal;

(D) enforcement practices;

(E) examination requirements;

(F) undergraduate education requirements;

(G) chiropractic education requirements.

(2) The applicant must have passed the National Board of Chiropractic Examiners Examination Parts I, II, III, IV and Physiotherapy, or the National Board of Chiropractic Examiners SPEC Examination with a grade of 375 or better and must request a true and correct copy of the applicant's score report be sent directly to the Texas Board of Chiropractic Examiners.

(3) The applicant must not have failed a licensure exam conducted by the Board within the 10 years immediately preceding the date of application for a license.

(4) The applicant must not have been the subject of a disciplinary action in any jurisdiction in which the applicant is, or has been, licensed and the applicant must not be the subject of a pending investigation in any jurisdiction in which the applicant is, or has been, licensed.

(5) The applicant must sit for and pass the Texas jurisprudence examination with a grade of 75% or better.

(6) For the three years immediately preceding the date of the application, the applicant must have:

(A) practiced chiropractic; or

(B) practiced as a chiropractic educator at a chiropractic school accredited by the Council on Chiropractic Education.

(b) Application and fee. The candidate for licensure will be subject to all application requirements required by §72.2 of this title (relating to Application for Licensure) and subject to the applicable fees established under §78.6 of this title (relating to Required Fees).

(c) Notwithstanding any other law, the Board waives the license application and examination fees paid to the state for an applicant who is a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for a license to practice chiropractic in Texas. For purposes of this section, "military spouse" means a person who is married to a military service member.


§76.2.Requirements for Licensure of Military Spouses.

(a) This section applies to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States.

(b) The Board may issue a license to an applicant described under subsection (a) of this section who:

(1) holds a current license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a license; or

(2) within the five years preceding the application date held a license in this state that expired while the applicant lived in another state for at least six months.

(c) For the purposes of this section, the term "substantially equivalent" means that the jurisdiction where the applicant described under subsection (b) of this section is currently licensed has, or had at the time of licensure, equivalent practices and requirements in the following areas:

(1) scope of practice;

(2) continuing education;

(3) license renewal;

(4) enforcement practices;

(5) examination requirements;

(6) undergraduate education requirements; and

(7) chiropractic education requirements.

(d) The Board may allow an applicant described under subsection (b) of this section to demonstrate competency by alternative methods in order to meet the requirements for obtaining a license. The standard method of demonstrating competency is described in Chapter 72 of this title (relating to Applications and Applicants). In lieu of the standard method of demonstrating competency for a license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board:

(1) education;

(2) continuing education;

(3) examinations (including the National Board of Chiropractic Examiners Parts I - IV and Physiotherapy, or the National Board of Chiropractic Examiners SPEC Examination);

(4) letters of good standing;

(5) letters of recommendation;

(6) work experience; or

(7) other methods required by the executive director.

(e) The executive director may issue a license by endorsement to an applicant described under subsection (b) of this section in the same manner as the Texas Department of Licensing and Regulation under §51.404 of the Texas Occupations Code.

(f) The applicant described under subsection (b) of this section shall submit an application for licensure and proof of the requirements under this section on a form and in a manner prescribed by the Board.

(g) The applicant described under subsection (b) of this section shall submit the applicable fee(s) required for a license. Applicants described under subsection (b)(1) are exempt from the license application and examinations fees paid to the state. Applicants described under subsection (b)(2) shall submit the applicable fee(s) required for a license.

(h) The applicant described under subsection (b) of this section shall undergo a criminal history background check.