TBCE Announces November 21 Board Agenda
Written by Editor   
Tuesday, October 08, 2013 12:00 AM
The Texas Board of Chiropractic Examiners will meet on November 21, 2014, at the William P. Hobby Building at 333 Guadalupe, in Austin, Texas.  Committee meetings and Board meetings are on the agenda for the day.  The published agenda includes the following:

At 1:00 PM in Tower 3 Room 825, the full board will meet.  Their agenda includes:

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 October 8, 2013 Board Meeting

3. PUBLIC COMMENTS – Forum for licensees, the general public or other interested stakeholders to address the Board


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 Board Policy on Facility Requirements for Designated Doctors – The Board will affirm its policy on facility requirements for chiropractors performing Designated Doctor exams.

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 1, 2012 through August 31, 2013.


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

5.2 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.


7.1 Request for Approval to Sit for the Texas Jurisprudence Exam – 3 individuals.

7.2 Request for Approval to Own and Operate a Facility as Non-DC Owner – 1 individual.

7.3 Discussion and comments from Committee Chair concerning Committee business, activities or issues, and possible Board action

7.3.1 Continuing Education CE course complaint – Course sponsor: TCA; Instructor – On Wong, DC Possible changes to course sponsor responsibilities re: attendance, vetting of course content and speakers Definition of board policy regarding online CE hours vs. webinars, and the requirements of each Possible change to number of hours allowed online Allowable course instructors/sponsors, especially members of other professions

7.3.2 Rule on advertising as specialist/recognition of specialties

7.3.3 Inactive licensee requirement to reactivate every five years

7.3.4 Disability license status

7.3.5 Mobility of licenses


8.1 Consideration to Adopt Previously Proposed Rule Amendments

8.1.1 Consideration to adopt proposed amendments to Rule 75.7, regarding Fees. The 83rd Legislature made certain appropriations to the agency contingent upon an increase in revenue generated by the agency. The proposal was published in the October 18, 2013 edition of the Texas Register. One comment was received during the comment period.

8.1.2 Consideration to adopt proposed amendments to Rule 75.17(e), regarding Scope of Practice. The proposed amendment makes explicitly clear that all therapeutic modalities must comply with the legislatively defined scope of practice for chiropractic in Texas. It was published in the September 13, 2013 edition of the Texas Register. No comments were received during the comment period.

8.2 Consideration to Propose Rule Amendments

8.2.1 Consideration to propose amendments to Rule 73.7, regarding Approved Continuing Education Courses. The proposed amendment requires sponsors to include a copy of proposed advertising for the course in the application. The proposed amendment also requires the sponsor to certify that advertising is consistent with approved course content. Stakeholder input was requested on September 3, 2013. Responses are included in this agenda item.

8.2.2 Consideration to propose amendments to Rule 80.5, regarding Documentation. The proposed amendment details minimum documentation requirements. Stakeholder input is attached to this agenda item.

8.2.3 Discussion and consideration to propose new rule regarding Specialties. The proposed new rule will detail when a licensee can hold himself out as a specialist or as specializing in an area. (L&E Committee to possibly provide recommendation.)

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

8.3.1 Discussion regarding planned rule review

8.3.2 Discussion regarding defining 4 required Board CE hours in Rule 73.3


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. – 41 cases.

9.2 Consideration of Requests to Expunge Records – 2 cases.

9.3 Consideration of Order to Accept Proposal for Decision in Case #110-007, SOAH Docket # 508-12-6235

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


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 2013 - 2015 are:

(1) February 20, 2014
(2) May 22, 2014
(3) August 21, 2014
(4) November 13, 2014
(5) February 19, 2015
(6) May 21, 2015
(7) August 20, 2015
(8) November 19, 2015

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

(1) January 14, 2014
(2) February 19, 2014
(3) April 8, 2014
(4) May 21, 2014
(5) July 8, 2014
(6) August 20, 2014
(7) October 14, 2014
(8) November 12, 2014

10.3 Adjournment at: _________________ PM.

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