PROPOSAL (41) – PROPOSED RULE §78.2
Thursday, September 18, 2014 07:35 AM

(a) A lack of proper diligence in the practice of chiropractic or the gross inefficient practice of chiropractic when applied to a licensee or chiropractic facility includes but is not limited to the following:

  (1) failing to conform to the generally accepted standards of care within the chiropractic profession in Texas, regardless of whether or not actual injury to any person was sustained, including, but not limited to:

    (A) failing to assess and evaluate a patient's status; 

    (B) performing or attempting to perform procedures in which the chiropractor is untrained by education or experience;

    (C) delegating chiropractic functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question;

    (D) causing, permitting, or allowing physical injury to a patient or impairment of the dignity or the safety of a patient;

    (E) abandoning patients without reasonable cause and without giving a patient adequate notice and the opportunity to obtain the services of another chiropractor and without providing for the orderly transfer of a patient's records; 

    (F) failing to timely refer a patient to an appropriate health care provider when the licensee determines or should have determined that the patient may suffer from a condition:

      (i) that requires a diagnosis outside the chiropractic scope of practice as authorized by Texas Occupations Code §201.002 or §78.13 of this title (relating to Scope of Practice); or

      (ii) that requires treatment outside the chiropractic scope of practice as authorized by Texas Occupations Code §201.002 or §78.13 of this title; or

    (G) failing to timely refer a patient to an appropriate health care provider when the licensee determines or should have reasonably determined that the patient suffers from a condition that is within the chiropractic scope of practice, but requires a diagnosis or treatment that exceeds the licensee's education, training or experience. 

  (2) failing to provide direct supervision of students or other persons as required by §77.5 of this title (relating to Delegation of Authority) or §74.2 of this title (relating to Registration of Chiropractic Radiologic Technologists).

(b) Conduct enumerated in subsection (a) of this section may also constitute, under appropriate circumstances, violations of other provisions of the Chiropractic Act or other board rules, including but not limited to those which prohibit grossly unprofessional conduct or dishonorable conduct.

Source:  http://info.sos.state.tx.us/pls/pub/regviewer$ext.RegPage?sl=R&app=1&p_dir=&p_rloc=293815&p_tloc=&p_ploc=&pg=1&p_reg=293815&ti=22&pt=3&ch=78&rl=2&issue=09/26/2014&z_chk=