TBCE Meets Thursday
Tuesday, May 20, 2014 04:26 PM
The Texas Board of Chiropractic Examiners will meet on Thursday, May 22, 2014 at
the William P. Hobby Building at 333 Guadalupe, Austin, TX 78701.

Various TBCE Committee will meet and the full board will meet at 1:00 PM

The various agendas are as follows:

 


Executive Committee Meeting: 8:30 a.m.  at the Hobby Building, Tower 2, Room 225.

4. EXECUTIVE COMMITTEE BUSINESS 
Cynthia Tays, D.C. 

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 Strategic Plan 

Executive Director Yvette Yarbrough will ask for input for the agency's Strategic Plan, due in late June. 

4.4 Adjournment at: ___________________________


Licensure and Education Committee Meeting: 9:00 a.m.  at the Hobby Building, Tower 2, Room 225.

7. LICENSURE AND EDUCATIONAL STANDARDS COMMITTEE BUSINESS 

7.1 Request for Approval to Sit for the Texas Jurisprudence Exam 

7.1.1 Michael Johnsey, New Applicant 

7.2 Request for Approval to Sit for the Texas Jurisprudence Exam 

7.2.1 Thientuan Vo, Revoked Licensee Seeking New License 

7.2.2 Tom Pham, Revoked Licensee Seeking New License 

7.3 Discussion and comments from Committee Chair concerning Committee business, activities or issues. 

7.3.1 Discussion of possible recommendation to Rules Committee to regulate use of the terms "specialist" or "specializing in" by chiropractors. 

7.4 Adjournment at: ___________________________


Enforcement Committee Meeting  at 9:00 AM at William P. Hobby Building 333 Guadalupe, Suite 3-825 in Austin, Texas 78701

The Texas Board of Chiropractic Examiners' Enforcement Committee will consider and act, if necessary, on matters within the jurisdiction of the committee which are listed in the agenda, as follows: 

Pending Complaints (including cases recommended for closure) #s: 2014-178. 

Requests to expunge #'s: 104-205, 108-236, 109-028, 109-220, 110-205, 110-210, 111-240, 2012-215. 

Discussion with staff to review procedures for resolving open enforcement actions.


Rules Committee Meeting: 10:00 a.m.  at the Hobby Building, Tower 2, Room 225.

8. RULES COMMITTEE BUSINESS 

8.1 Consideration to Propose Rule Amendments or Repeal Rules as Recommended by the Licensure and Educational Standards Committee 

8.1.1 Discussion and consideration to propose an amendment to Rule 73.3 Continuing Education, including (1) changing the number of hours of required continuing education credits each year that may be taken online or by webinar, (2) changing how many hours are Board-required and/or the topics covered, (3) removing a prohibition against video courses found in 73.3(b)(4), (4) allowing other professionals to be instructors in Board-required CE courses, and (5) allowing other professional organizations (i.e. medical schools) to sponsor CE courses, and (6) making minor edits to the rule.

8.1.2 Discussion and consideration to propose an amendment to Rule 73.4 to increase the time a licensee may remain on Inactive Status. 
8.1.3 Discussion and consideration to propose to repeal Rule 71.15 Recognized Specialties concerning the recognition of chiropractic specialties. 

8.3 Discussion and comments from Committee Chair concerning Committee business, activities or issues 

8.3.1 Discussion regarding rule review 

8.3.2 Discussion regarding the use of Groupon, Living Social, and other social media marketing by D.C.s 

8.4 Adjournment at: ___________________________


Board Meeting: 1:00 p.m. - Adjournment  at Hobby Building, Tower 2, Room 225

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 February 20, 2014 Board Meeting 

3. PUBLIC COMMENTS 

Forum for licensees, the general public or other interested stakeholders to address the Board 

4. EXECUTIVE COMMITTEE BUSINESS 
Cynthia Tays, D.C. 

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 Strategic Plan 

Executive Director Yvette Yarbrough will ask for input for the agency¿s Strategic Plan, due in late June. 

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 Eric VanderWerff, DC vs. TBCE  Lawsuit and appeal brought by Dr. VanderWerff challenging a Board Order issued in an enforcement case 

5.1.4 Texas Association of Acupuncture and Oriental Medicine lawsuit against the Board, regarding the Board allowing certain chiropractors to perform acupuncture within scope of practice. 

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 Approval to Sit for the Texas Jurisprudence Exam 

7.1.1 Michael Johnsey, New Applicant 

7.2 Request for Approval to Sit for the Texas Jurisprudence Exam 

7.2.1 Thientuan Vo, Revoked Licensee Seeking New License 

7.2.2 Tom Pham, Revoked Licensee Seeking New License 

7.3 Discussion and comments from Committee Chair concerning Committee business, activities or issues. 

7.3.1 Discussion of possible recommendation to Rules Committee to regulate use of the terms "specialist" or "specializing in" by chiropractors.

8. RULES COMMITTEE BUSINESS 

8.1 Consideration to Propose Rule Amendments or Repeal Rules as Recommended by the Licensure and Educational Standards Committee 

8.1.1 Discussion and consideration to propose an amendment to Rule 73.3 Continuing Education, including (1) changing the number of hours of required continuing education credits each year that may be taken online or by webinar, (2) changing how many hours are Board-required and/or the topics covered, (3) removing a prohibition against video courses found in 73.3(b)(4), (4) allowing other professionals to be instructors in Board-required CE courses, and (5) allowing other professional organizations (i.e. medical schools) to sponsor CE courses, and (6) making minor edits to the rule. 

8.1.2 Discussion and consideration to propose an amendment to Rule 73.4 to increase the time a licensee may remain on Inactive Status. 

8.1.3 Discussion and consideration to propose to repeal Rule 71.15 Recognized Specialties concerning the recognition of chiropractic specialties. 

8.2 Discussion and comments from Committee Chair concerning Committee business, activities or issues 

8.2.1 Discussion regarding rule review 

8.2.2 Discussion regarding the use of Groupon, Living Social, and other social media marketing by D.C.s 

9. ENFORCEMENT COMMITTEE BUSINESS 

9.1 Consideration of Accepted Agreed Orders. The Board will consider approval of the following Agreed Orders that have been recommended by the Enforcement Committee and accepted by the Respondents. 

9.1.1 Case # 2012-151 
9.1.2 Case # 2012-177 
9.1.3 Case # 2013-035 
9.1.4 Case # 2013-238 
9.1.5 Case # 2013-284 
9.1.6 Case # 2013-335 
9.1.7 Case # 2013-369 
9.1.8 Case # 2013-371 
9.1.9 Case # 2013-372 
9.1.10 Case # 2013-395 
9.1.11 Case # 2014-011 
9.1.12 Case # 2014-013 
9.1.13 Case # 2014-025 
9.1.14 Case # 2014-026 
9.1.15 Case # 2014-046, 2014-047, 2014-048, & 2014-049 
9.1.16 Case # 2014-051 
9.1.17 Case # 2014-055 & 2014-056 
9.1.18 Case # 2014-057 
9.1.19 Case # 2014-059 
9.1.20 Case # 2014-064 
9.1.21 Case # 2014-067 
9.1.22 Case # 2014-079 
9.1.23 Case # 2014-100 
9.1.24 Case # 2014-102 

9.2 Consideration of Requests to Expunge Records 

9.2.1 Case # 104-205 
9.2.2 Case # 108-236 
9.2.3 Case # 109-028 
9.2.4 Case # 109-220 
9.2.5 Case # 111-240 
9.2.6 Case# 2012-215 
9.2.7 Case# 110-205 
9.3 Consideration of Board Orders 
9.3.1 Case # 2013-356 

9.3.2 Case# 2013-236 

9.4 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 the remainder of Calendar Years 2014 - 2015 are: 

1) August 21, 2014 
2) November 13, 2014 
3) February 19, 2015 
4) May 21, 2015 
5) August 20, 2015 
6) November 19, 2015 

*Note: All planned board meeting dates through November 2015 may be found on the agency¿s website (under "Calendar") at: www.tbce.state.tx.us. All dates are tentative until posted in the Texas Register. 

The next Enforcement Committee dates apart from the board meetings are scheduled for: 

1) July 8, 2014 
2) August 20, 2014 3) October 14, 2014 
4) November 12, 2014 

10.3 Adjournment at: _________________ P.M.