TBCE August Meetings
Saturday, August 09, 2014 09:10 AM
  • The Enforcement Committee of the Texas Board of Chiropractic Examiners will meet at 9:00 AM on Wednesday, August 20, 2014, at the William P. Hobby Building at 333 Guadalupe, Tower 2, Room 225, in Austin, Texas, to consider an agenda of seventeen complaints.  SOURCE
  • The Executive Committee of the Texas Board of Chiropractic Examiners will meet at 8:30 AM on Thursday, August 21, 2014, at the William P. Hobby Building at 333 Guadalupe, Tower 2, Room 225, in Austin, Texas, to consider an agenda of four points including administrative reports, an updated mission statement, and the executive director's performance review.  SOURCE
  • The Licensure and Education Committee of the Texas Board of Chiropractic Examiners will meet at 9:00 AM on Thursday, August 21, 2014, at the William P. Hobby Building at 333 Guadalupe, Tower 2, Room 225, in Austin, Texas, to consider an agenda of two requests.  SOURCE
  • The Rules Committee of the Texas Board of Chiropractic Examiners will meet at 10:00 AM on Thursday, August 21, 2014, at the William P. Hobby Building at 333 Guadalupe, Tower 2, Room 225, in Austin, Texas, to consider an agenda of fourteen rules changes.  SOURCE
  • The Enforcement Committee of the Texas Board of Chiropractic Examiners will meet at 11:00 AM on Thursday, August 21, 2014, at the William P. Hobby Building at 333 Guadalupe, 333 Guadalupe, Tower 3, Room 100, in Austin, Texas,, to consider an agenda of three requests to expunge records.  SOURCE
  • The Full Board of the Texas Board of Chiropractic Examiners will meet at 1:00 PM on Thursday, August 21, 2014, at the William P. Hobby Building at 333 Guadalupe, Tower 2, Room 225, in Austin, Texas, to consider an agenda of ten items.  SOURCE

The full board's agenda is 

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 May 22, 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 Mission Statement Update 
Executive Director Yvette Yarbrough will present the Board with an updated mission statement for formal approval. 

4.4 Performance Evaluation of Executive Director 
Dr. Cynthia Tays will lead the Executive Committee in making a recommendation to the Board an evaluation of the performance of Executive Director Yvette Yarbrough for the time period of September 2013 through August 2014. This agenda item may be taken up during Executive Session under Agenda Item #5.2. 

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. 


5.2 Additionally, the Board may meet in Executive Session for deliberation on the appointment, employment, evaluation, or duties of the Executive Director, pursuant to Section 551.074, Government Code. 


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 

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


8. RULES COMMITTEE BUSINESS 

8.1 Recommendation to Publish Proposed Rule Amendments or Rule Repeals 

8.1.1 Recommendation to publish proposed rule concerning a modification to conform rule 75.9 to the Chiropractic Act §201.507. 

8.1.2 Recommendation to publish proposed rule 73.2(a) concerning probationary CE to harmonize the rule with rule 73.5. 

8.1.3 Recommendation to publish proposed rule 80.7 to exempt designated doctors from compliance with that section. 

8.1.4 Recommendation to publish proposed rule 74.3 to provide additional regulation of non-DC owners. 

8.1.5 Recommendation to publish proposed rule 75.3 to provide the Board with notification upon receiving deferred adjudication and change the title of chapter 75. 

8.1.6 Recommendation to publish proposed rule modifying rule 75.8 to clarify that a licensee and facility owner are equally responsible for posting public information and current annual registration certificate. 

8.1.7 Recommendation to publish proposed rule modifying rule 80.1 to clarify the requirements on providing Board notice of hiring recent graduates. 

8.1.8 Recommendation to publish proposed rule modifying rule 73.3 to clarify the requirements for continuing education regarding coding and documentation in ethics and further clarifying qualifying exemptions. 

8.1.9 Recommendation to publish proposed modifications to rule 73.4 to provide additional opportunities to maintain an inactive license before the Board and establish a defined limit of the status as required by the Chiropractic Act. 

8.1.10 Recommendation to publish proposed modification to rule 73.3 to alter the nature of the required hours and expand the qualifications to increase the number of qualified instructors. 

8.1.11 Recommendation to publish proposed modifications to rule 75.17 and newly proposed rules 78.13 through 78.15 to clarify nature of referral and provide easier readability to the proposed rules by separating the topics of scope of practice and scope of prohibition. 

8.1.12 Recommendation to publish proposed modification to rule 75.6(c) to clarify the 15 day requirement for a doctor to respond to a Board complaint includes the requirement to provide documents. 

8.1.13 Recommendation to delete rule 71.15. 

8.1.14 Recommendation to publish proposed modification to rule 75.13. 


8.2 Discussion and comments from Committee Chair concerning Draft Comprehensive Rule restructure. 

8.2.1 Discussion and recommendation to publish proposed Draft Comprehensive Rule restructure. 

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

9. ENFORCEMENT COMMITTEE BUSINESS 

9.1 Consideration of Accepted Agreed Orders. The Board will receive a report from the Enforcement Committee concerning Agreed Orders that have been recommended by the Enforcement Committee and accepted by the Respondents pursuant to the Chiropractic Act §201.554. 

9.2 Consideration of Requests to Expunge Records. 

9.3 Consideration of Board Orders. 

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

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

(1) October 14, 2014 (3) January 13, 2015 
(2) November 12, 2014 (4) February 18, 2015 

10.3 Adjournment at: _________________ PM.