TBCE Proposes Rules Changes (June 2016)
Written by Editor   
Monday, June 27, 2016 04:51 PM

The Texas Board of Chiropractic Examiners (TBCE) at their May meeting proposed several rules amendments.  Proposed changes to Rule 72.6, 74.1, 74.2, and 78.6 serve to update the rule to reflect present process and procedure concerning examinations, clarify definitions, reflect the transfer of administration duties from the Department of State Health Services (DSHS) to the Texas Medical Board (TMB) as required by Senate Bill 202, and updates the present fee for the TBCE's jurisprudence examination.

Rule  72.6

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 72, Rule 72.6, concerning Time, Place and Scope of Examination.  The amendment will update the rule to reflect present process and procedure concerning examinations.  This rule was proposed for publication at the Board's meeting on May 17, 2016. 

Rule 72.6.Time, Place and Scope of Examination.

(a) All applicants shall take and pass Parts I, II, III, IV and Physiotherapy of the National Board Examination and the board's Jurisprudence Examination.

(b) The passing score on each part of the National Board Examination is 375. The passing score for the Jurisprudence Examination is 75%.

(c) Regular jurisprudence examinations for licensure shall be given during the calendar year at the discretion of the board. All examinations shall be conducted in the English language. [The board shall set the date, time, and place of each examination]

(d) An applicant may not take the Jurisprudence Examination unless the applicant has successfully completed all parts of the National Board Examination which are required by the board and requirements set forth in 22 TAC §73.2(c)(1), (2).

[(e) Examinees shall not be permitted to bring any books, notes, journals, or other help into the examination room, nor to communicate by word or sign with another examinee while an examination is in progress without permission of the presiding examiner and within hearing of a designated representative of the board; nor shall an examinee leave the examination room except when so permitted by the presiding examiner. Violations of this rule shall subject the offender to expulsion.]

(e) [(f)] A license shall not be issued by the board to any examinee who has been detected in a deceptive or fraudulent act while an examination is in progress.

[(g) One member of the board or a designee of the board shall at all time be in the examination room while the examination is in progress and no persons except examinees, board members, employees of the board or persons having the express permission of the board shall be permitted in the examination rooms.]

(f) [(h)] When examination results [papers] are delivered to the Board [presiding examiner] they become the property of the board [or an agency designated by the board] and shall not be returned to the examinee. All test results [papers] must be retained by the board or an agency designated by the board to be preserved for a period of one year after final grading in order to allow an examinee the opportunity to request an analysis of such person's performance, which request must be made in writing.

(g) [(i)] Each applicant having a passing score must request from the National Board that a true and correct copy of the score report showing the results of each part of the National Board Examination be sent to the board.


Rule §74.1

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 74, Rule74.1, concerning Chiropractic Radiologic Technologists. The amendment will clarify definitions used in this chapter.  This rule was proposed for publication at the Board's meeting on May 17, 2016.  

Rule 74.1.Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

(1) Board--The Texas Board of Chiropractic Examiners.

(2) Chiropractic Radiologic Technologist (CRT) or Registrant--A person who is registered with the board under this chapter.

(3) Licensee or Chiropractor--A person who is licensed by the board to practice chiropractic in the State of Texas.

(4) Medical Radiologic Technologist Certification Act--Occupations Code, Chapter 601.

(5) Supervision--Responsibility for and control of quality, radiation safety and protection, and technical aspects of the application of ionizing radiation to human beings for diagnostic [and/or therapeutic] purposes.


Rule 74.2

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 74, Rule 74.2, concerning Chiropractic Radiologic Technologists. The amendment is proposed as part of the Board's review of Chapter 74 to fulfill its ongoing duty to conduct agenda rule review and will reflect the transfer of administration duties from the Department of State Health Services (DSHS) to the Texas Medical Board (TMB) as required by Senate Bill 202.  This rule was proposed for publication at the Board's meeting on May 17, 2016. 

Rule 74.2.Registration of Chiropractic Radiologic Technologists.

(a) Registration required. Any person performing radiologic procedures in a chiropractic facility must register with the board, on a form prescribed by the board. This section does not apply to registered nurses or to persons certified under the Medical Radiologic Technologist Certification Act.

(b) Eligibility. An applicant for registration must either:

(1) submit proof of the applicant's registry with the Texas Medical Board (TMB) [Department of State Health Services (DSHS)] and completion of training and instruction as required by 25 TAC §140.518 (relating to Mandatory Training Programs for Non-Certified Technicians); or

(2) perform radiologic procedures for a licensee to whom a hardship exemption was granted by TMB [DSHS] within the previous 12 months under 25 TAC §140.520 (relating to Hardship Exemptions).

(c) Application submission. An applicant shall submit an application for registration, proof of status as provided in subsection (b) of this section, along with the radiologic technologist application fee as provided in §78.6 of this title (relating to Required Fees and Charges).

(d) Renewal. On or before January 1 of each year, a CRT shall renew his or her registration, by submitting:

(1) a registration application;

(2) the radiologic technologist application fee as provided in §78.6 of this title (relating to Required Fees and Charges); and

(3) proof of renewal status as provided in subsection (b) of this section.

(e) Expired registration.

(1) A CRT registration expires on January 1 of each year if it is not timely renewed.

(2) If a CRT's registration has expired, a person may renew his or her registration by submitting to the board all of the items required by subsection (d) of this section and a fee as provided in §78.6 of this title (relating to Required Fees and Charges).

(3) A person who fails to renew his or her registration on or before the expiration date may also be subject to an administrative penalty and other disciplinary sanctions as provided in subsection (h) of this section.

(f) Incomplete applications. No registration will be issued on an incomplete submission. Application or renewal packages that are submitted without all of the required documents or fees will be deemed incomplete and returned to the applicant.

(g) TMB [DSHS] authorization. A person may not perform radiologic procedures if that person is removed from the TMB [DSHS] registry or the hardship exemption under which the person is working is expired or revoked even if the person holds a valid CRT registration with the board. A CRT must provide to the board a copy of a hardship exemption granted by TMB [DSHS] within five days of its issuance if the exemption is granted prior to the registration renewal deadline.

(h) Disciplinary sanctions. The board may refuse to issue or renew, suspend, or revoke a CRT registration and/or impose an administrative penalty for the following:

(1) violation of the rules or an order of the board;

(2) violation of the Medical Radiologic Technologist Certification Act;

(3) violation of the rules or an order of TMB [DSHS];

(4) violation of the Texas Chiropractic Act; or

(5) nonpayment of registration fees.

(i) TMB [DSHS] compliance. All registrants shall comply with the rules of TMB [DSHS] for the control of radiation.

(j) Supervision required. A CRT shall perform radiological procedures only under the supervision of a licensee physically present on the premises.

(k) Cineradiography. Procedures that include cineradiography are limited to use by a licensee who has passed a course in its use, approved by the board.

(l) Non-static procedures. Any non-static procedure has the potential to be more dangerous and hazardous and by definition may only be performed by a licensee or a certified medical radiologic technologist.

(m) Licensee responsibility. A licensee shall not authorize or permit a person:

(1) who is not registered under this section to perform radiologic procedures on a patient unless otherwise authorized under the Medical Radiologic Technologist Act or 25 TAC Chapter 140, Subchapter J (relating to Medical Radiologic Technologists); or

(2) to perform radiologic procedures on a patient if that person has been removed from the registry of TMB [DSHS ] or the licensee's hardship exemption has been revoked or has expired.

(n) Licensee compliance. A licensee shall comply with the Medical Radiological Technologist Certification Act and all applicable rules of TMB [DSHS].

(o) Laws governing disciplinary action. Disciplinary action against a CRT, including the imposition of administrative penalties, is governed by the Administrative Procedure Act, Government Code, Chapter 2001, and applicable enforcement provisions of the Texas Chiropractic Act, Occupations Code, Chapter 201, including Subchapters K through M.


Rule 78.6

The Texas Board of Chiropractic Examiners (Board) proposes amending Chapter 78, Rule 78.6, concerning required Chiropractic fees and charges. The amendment affects fees outlined in subsection (a).  The proposed amendment updates the rule to reflect and ratify the present fee for the TBCE's jurisprudence examination.  This rule was proposed for publication at the Board's meeting on May 17, 2016. 

Rule 78.6.Required Fees and Charges.

(a) Current fees required by the board are as follows:

Figure: 22 TAC §78.6(a)

(b) - (e) (No change.)


 Source:  http://www.sos.state.tx.us/texreg/archive/June242016/Proposed%20Rules/22.EXAMINING%20BOARDS.html#60