Sunset Commission Issues TBCE Report – Issue 2
Written by Editor   
Sunday, October 09, 2016 12:03 PM

Issue 2 of the Sunset Commission’s Staff Report is that chiropractic facility registration is unnecessary to protect the public.

Says the staff report, “registration of chiropractic facilities does not impose any regulatory requirements on the facility that enhance public safety. …Registration does not include safety or other facility requirements related to the practice of chiropractic.”

“The risk to the recipient of chiropractic services,” the staff believes, “stems from the actual chiropractor, not the facility [that hires them]. Due to the nature of chiropractic care, chiropractic facilities do not present the type of risk seen in other facilities that typically require registration. Unlike hospitals, ambulatory surgical centers, or pharmacies, the services provided in chiropractic facilities do not pose signifcant risk to the public …. Ensuring the quality of chiropractic care provided within a chiropractic facility is the responsibility of the licensed chiropractor using the equipment, treating the patient, and updating the patient’s records.

“The vast majority of the violations cited in facility complaints do not pose harm to the public because they are administrative in nature, such as failure to change address, failure to timely renew expired facility registration, or failure to respond to the board.”

“Facility registration requirements create a subset of administrative violations and associated workload not related to public health and safety… . Since statute only allows the board to inspect chiropractic facilities as part of an investigation related to a complaint, the board uses these administrative violations to open investigations and inspect the facility to generate additional violations.  The board filed 33 of the 38 complaints generated against facility owners in fiscal year 2015. In some cases, investigators go beyond the board’s statutory authority to inspect facilities without an established complaint.”

“Having enforcement staff focus on regulating minor administrative violations takes valuable staff time away from investigations related to standard of care or fraudulent billing, violations capable of causing significant public harm.”

The Sunset staff recommend a change to the Chiropractic Act:  Discontinue registration of chiropractic facilities.  “This recommendation would deregulate chiropractic facilities by removing statutory provisions and related board rules requiring registration. As a result, chiropractic facility owners would no longer have to register or pay registration and renewal fees to the board. However, licensees would continue to report the addresses of their employment or practice and notify the board of any changes within 30 days, as is currently required by rule. The board would also maintain its authority to enter chiropractic facilities as part of an investigation.


Source: https://www.sunset.texas.gov/public/uploads/files/reports/Texas%20Board%20of%20Chiropractic%20Examiners%20Staff%20Report_10-7-16.pdf