TBCE November 2014 Meeting
Thursday, October 30, 2014 11:53 PM

The Texas Board of Chiropractic Examiners will meet on Thursday November 13, 2014, at 333 Guadalupe, Tower II, Room 225, in Austin, Texas.  Committee meetings will be conducted in the morning beginning at 8:30 AM and the full board will meet in the afternoon at 1:00 PM.  The agendas of the various meetings are as follows:

08:30 AM  Executive Committee

EXECUTIVE COMMITTEE BUSINESS 
Cynthia Tays, D.C. 

President's Report 

Dr. Cynthia Tays may make a brief oral report to the Board on matters of current interest, including committee assignments. 


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. 


Restructure of Enforcement Committee 

Dr. Cynthia Tays will lead a discussion about a possible restructure of the Enforcement Committee. 


Adjournment 


 09:00 AM Licensure and Education Committee Meeting

LICENSURE AND EDUCATIONAL STANDARDS COMMITTEE BUSINESS 

Request for Approval to Sit for the Texas Jurisprudence Exam 

Charles Karam, New Applicant 
Phillip Oller, New Applicant 

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

Adjournment 


 09:00 AM (or 11 AM, both times have been published in the Texas Register) Enforcement Committee Meeting


10:00 AM Rules Committee Meeting

RULES COMMITTEE BUSINESS 

Discussion and Consideration of Rules Modifications and Repeals 

Discussion and consideration to propose an amendment to Rule 75.2 to require all DCs to take and record blood pressure prior to providing any services. 

Discussion and consideration to propose the repeal of Rule 75.23. 

Discussion and consideration to adopt the comprehensive rule restructure and codification that was published on September 26, 2014. 


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

Adjournment


 01:00 PM Texas Board of Chiropractic Examiners

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 August 21, 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 Discussion of Possible Restructure of Enforcement Committee – Dr. Cynthia Tays will lead a discussion about a possible restructure of the Enforcement Committee. 

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 Charles Karam, New Applicant 

7.1.2 Phillip Oller, New Applicant 

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

8. RULES COMMITTEE BUSINESS 

8.1 Discussion and Consideration of Rules Modifications and Repeals 

8.1.1 Discussion and consideration to propose an amendment to Rule 75.2 to require all DCs to take and record blood pressure prior to providing any services. 

8.1.2 Discussion and consideration to propose the repeal of Rule 75.23

8.1.3 Discussion and consideration to adopt the comprehensive rule restructure and codification that was published on September 26, 2014. 

8.2 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. 

9.1.1 Case# 2012-077 
9.1.2 Case# 2012-196 
9.1.3 Case# 2013-010 
9.1.4 Case# 2013-051 
9.1.5 Case# 2013-088 
9.1.6 Case# 2013-134 
9.1.7 Case# 2013-159 
9.1.8 Case# 2013-170 
9.1.9 Case# 2013-386 
9.1.10 Case# 2013-410 
9.1.11 Case# 2014-012 
9.1.12 Case# 2014-065 
9.1.13 Case# 2014-147 
9.1.14 Case# 2014-206 
9.1.15 Case# 2015-000 
9.1.16 Case# 2013-373 
9.1.17 Case# 2013-388 
9.1.18 Case# 2014-081 
9.1.19 Case# 2014-121 
9.1.20 Case# 2013-387 
9.1.21 Case# 2012-179 
9.1.22 Case# 2013-260 
9.1.23 Case# 2013-304 

9.2 Consideration of Requests to Expunge Records 

9.2.1 Case# 94-140 
9.2.2 Case# 101-025 
9.2.3 Case# 101-588 
9.2.4 Case# 102-150 
9.2.5 Case# 103-156 
9.2.6 Case# 104-128 

9.3 Consideration of Board Orders 

9.3.1 Case # 111-086, 2012-127, 2013-253 and 2013-255 
9.3.2 Case# 2012-087 
9.3.3 Case# 110-220 and 2013-223 
9.3.4 Case# 2012-218 

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 Calendar Year 2015 are: 

(1) February 19, 2015 

(2) May 21, 2015

(3) August 20, 2015

(4) November 19, 2015


*Note: All planned board meeting dates after 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) January 13, 2015  

(2) February 18, 2015

(3) April 14, 2015

(4) May 20, 2015 

10.3 Adjournment