State Regulation news
Sunset Commission Issues TBCE Report – Issue 1
Written by Editor   
Sunday, October 09, 2016 12:04 PM

Issue 1 of the Sunset Commission’s Staff Report is slow complaint resolution and misplaced focus on low-risk enforcement activities.  They speculate that this could present risks to patient safety.

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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.

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Sunset Commission Issues TBCE Report – Issue 3
Written by Editor   
Sunday, October 09, 2016 12:02 PM

Issue 3 of the Sunset Commission’s Staff Report is the board lacks formal mechanisms to ensure chiropractic expertise in Its enforcement process.

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Sunset Commission Issues TBCE Report – Issue 4
Written by Editor   
Sunday, October 09, 2016 12:01 PM

Issue 4 of the Sunset Commission’s Staff Report is that key elements of the board’s licensing and regulatory functions do not conform to common licensing standards.  Calling for standard fingerprint and background checks for ALL licensees, the state would do away with the requirement of "good moral character" and instead call for fingerprint and background checks for all licensees, even those in practice for decades without complaints.

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Sunset Commission Issues TBCE Report – Issue 5
Written by Editor   
Sunday, October 09, 2016 12:00 PM

Issue 5 of the Sunset Commission’s Staff Report recommendation is that Texas should continue regulating chiropractors, but decisions on the structure of the Texas Board of Chiropractic Examiners await further review of the Sunset process.

If there were doubts that the chiropractic profession in Texas was in jeopardy of drastic change, here it is in black and white from the government itself.  Take particular note that report observes that "the Texas Board of Chiropractic Examiners would be a likely candidate for consolidation."   If DCs don't participate in the governmental process they may find themselves as a true minority regulated by an overbearing and dismissive majority.

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TAKE NOTE: TBCE Warns of Potential Criminal Convictions
Written by Editor   
Monday, September 19, 2016 12:00 AM

Section 201.301 of the Chiropractic Act stipulates that “a person may not practice chiropractic unless the person holds a license issued by the board.”

Did you know that failure to renew your license or registration could result in a criminal conviction?

201.605 Criminal Penalty: Practice Without a License
(a) A person commits an offense if, the person violates Section 201.301.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor
(c) If it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a) the offense is a felony of the third degree.

(d) Each day of the violation constitutes a separate offense

The TBCE reminds all licensees and facility owners that it is critical to renew licenses or registration before the expiration date. When a license is in expired status, a DC cannot treat patients until it is renewed. Treating patients with an expired license is prohibited and subjects you to sanctions of up to $1000, per day. In addition to the administrative penalties, any insurance payments billed may not be paid by the carrier. You could be ordered to reimburse any payments received while your license is expired. A patient could ask to be reimbursed as well. The facility owner is also liable – a facility owner is required to allow only licensed DC’s to practice in the facility.

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