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Texas Occupations Code - Chapter 201 ChiropractorsLegal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Chapter 201 Chiropractors In this chapter: (1) "Board" means the Texas Board of Chiropractic Examiners. (2) "Chiropractor" means a person licensed to practice chiropractic by the board. Acts ... (a) In this section: (1) "Controlled substance" has the meaning assigned to that term by Section 481.002, Health and Safety Code. (2) "Dangerous drug" has ... (a) This chapter does not apply to a registered nurse licensed under Chapter 301, a vocational nurse licensed under Chapter 301, a person who provides ... The Texas Board of Chiropractic Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ... (a) The Texas Board of Chiropractic Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: ... (a) A person is not eligible to serve as a member of the board if the person: (1) is a member of the faculty or ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ... (a) Members of the board are appointed for staggered six-year terms. The terms of one-third of the members expire on February 1 of each odd-numbered ... (a) The governor shall designate a chiropractic member of the board as the board's president. The president serves in that capacity at the will of ... (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ... (a) A board member is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the ... (a) The board shall hold regular meetings to examine applicants and transact business at least twice each year at the times and places determined by ... The seal of the board consists of a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," ... (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ... The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and ... The board shall provide as often as necessary to its members and employees information regarding their: (1) qualifications for office or employment under this chapter; ... (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry ... (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ... The board shall administer the purposes of and enforce this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... (a) The board may adopt rules and bylaws: (1) necessary to: (A) perform the board's duties; and (B) regulate the practice of chiropractic; and (2) ... The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that ... (a) This section applies to the process by which the board develops proposed rules under Section 201.1525 before the proposed rules are published in the ... (a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. The board may not ... Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia. Acts 1999, 76th ... (a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or ... (a) The board shall strictly and vigorously enforce the provisions of this chapter prohibiting fraud. (b) The board shall adopt rules to prevent fraud in ... (a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be ... In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a ... (a) The board may appoint committees from its own members. (b) A committee appointed from the members of the board shall: (1) consider matters referred ... (a) The board shall preserve a record of its proceedings in a register that contains: (1) the name, age, place, and duration of residence of ... The board shall pay the necessary expenses of an employee of the board incurred in the performance of the employee's duties. Acts 1999, 76th Leg., ... The legislature may not appropriate money, other than fees, from the state treasury for an expenditure made necessary by this chapter. Acts 1999, 76th Leg., ... The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy ... (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ... (a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and ... (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on ... (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of ... (a) The board shall keep an information file about each complaint filed with the board. The board's information file must be kept current and contain ... (a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this section must: (1) distinguish ... (a) The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than ... (a) The board, during reasonable business hours, may: (1) conduct an on-site inspection of a chiropractic facility to investigate a complaint filed with the board; ... (a) In this section, "department" means the Texas Department of Insurance. (b) This section applies only to information held by or for the department or ... The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all investigations conducted by the board with the ... (a) The board shall appoint local chiropractic peer review committees. Members of a local chiropractic peer review committee serve staggered terms of three years, with ... (a) Only a chiropractor who has completed a program of peer review training approved by the board is eligible to serve on a chiropractic peer ... (a) The board shall appoint an executive chiropractic peer review committee to direct the activities of the local committees. The executive peer review committee consists ... (a) Each local chiropractic peer review committee shall: (1) review and evaluate chiropractic treatment and services in disputes involving a chiropractor and a patient or ... (a) The board may refer to a local chiropractic peer review committee for investigation a complaint regarding whether chiropractic treatment or services provided by a ... (a) In the absence of fraud, conspiracy, or malice, a member of a peer review committee is not liable in a civil action for a ... (a) The board may request from a chiropractic peer review committee information pertaining to actions taken by the peer review committee. (b) The executive chiropractic ... The board shall maintain on the board's Internet website information regarding local chiropractic peer review committees, including: (1) the services committees provide; and (2) the ... A person may not practice chiropractic unless the person holds a license issued by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. ... (a) An applicant for a license by examination must present satisfactory evidence to the board that the applicant: (1) is at least 18 years of ... (a) To comply with the requirements of Section 201.302, the applicant must submit to the board a transcript of credits that certifies that the applicant ... (a) To receive a license, an applicant for a license by examination must pass: (1) the required and optional parts of the examination given by ... (a) Each examination for a license to practice chiropractic shall be conducted in the English language and in a fair and impartial manner. (b) An ... (a) The board shall notify each applicant of the results of an examination given by the board not later than the 30th day after the ... (a) An applicant who fails to pass a required examination may take another examination. (b) The board by rule shall establish the number of times ... (a) The board by rule may provide for the issuance of a temporary license. (b) The board by rule shall provide a time limit for ... The board shall issue a license to practice chiropractic to an out-of-state applicant who: (1) submits a written application to the board on a form ... (a) The board by rule shall adopt a system by which a license holder may place the license on inactive status. A license holder must ... (a) The board by rule shall adopt requirements for registering chiropractic facilities as necessary to protect the public health, safety, and welfare. (b) The rules ... A chiropractor may not practice chiropractic in this state unless the chiropractor annually registers with the board not later than January 1 of each year. ... (a) A person required to register shall: (1) file annually with the board a written application for registration; and (2) pay, with the application, an ... (a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) For a year in which ... (a) A person may renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license. (b) ... (a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or foreign ... (a) The board by rule shall: (1) assess the continuing education needs of license holders; (2) adopt requirements for mandatory continuing education for license holders ... In this subchapter, "patient" means any person who consults or is seen by a chiropractor to receive chiropractic care. Acts 1999, 76th Leg., ch. 388, ... (a) Communications between a chiropractor and a patient relating to or in connection with any professional services provided by a chiropractor to the patient are ... (a) Section 201.402 does not apply in a court or administrative proceeding: (1) brought by a patient against a chiropractor, including: (A) a malpractice proceeding; ... (a) In circumstances other than court or administrative proceedings, exceptions to Section 201.402 exist only for: (1) a governmental agency, if the disclosure is required ... (a) In this section, "chiropractic records" means any record relating to the history, diagnosis, treatment, or prognosis of a patient. (b) Consent for the release ... (a) The board by rule shall establish guidelines relating to the tasks and procedures that a chiropractor may delegate to an assistant. (b) A chiropractor ... (a) The board may require evidence of proper training and safety in the use of analytical and diagnostic x-ray in conformity with: (1) Chapter 401, ... (a) The Texas Department of Insurance shall provide to the board any information received by the department regarding a settlement of a malpractice claim against ... (a) On a determination that a person has violated this chapter or a rule adopted by the board under this chapter, the board: (1) shall ... (a) The board may refuse to admit a person to examinations and may revoke or suspend a license or place a license holder on probation ... (a) A chiropractor or an applicant for a license to practice chiropractic commits a prohibited practice if that person: (1) submits to the board a ... (a) For purposes of Section 201.5025(a)(3), unprofessional or dishonorable conduct that is likely to deceive or defraud the public includes conduct in which a chiropractor: ... (a) The board by rule shall adopt a schedule of the maximum amount of sanctions that may be assessed against a license holder for each ... (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal ... (a) A person is entitled to a hearing before the board if the board proposes to: (1) refuse the person's application for a license; (2) ... (a) The board shall appoint an enforcement committee to: (1) oversee and conduct the investigation of complaints filed with the board under this chapter; and ... (a) The board shall suspend a chiropractor's license on proof that the chiropractor has been: (1) initially convicted of: (A) a felony; (B) a misdemeanor ... (a) The enforcement committee may temporarily suspend the license of a license holder on an emergency basis if the enforcement committee determines from the evidence ... (a) A district court may revoke or suspend a chiropractor's license on proof of a violation of the law relating to the practice of chiropractic. ... (a) The board may apply to the attorney general for representation by stating that the board previously requested the representation of a district or county ... (a) A person whose license to practice chiropractic has been revoked or suspended or against whom the board has imposed an administrative penalty may appeal ... (a) On application, the board may reissue a license to practice chiropractic to a person whose license has been canceled or suspended. (b) An applicant ... The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule ... (a) The amount of an administrative penalty may not exceed $1,000. (b) Each day a violation continues or occurs is a separate violation for purposes ... (a) On a determination by the enforcement committee that a violation of this chapter or a rule or order adopted under this chapter occurred, the ... (a) Not later than the 20th day after the date a person receives the notice under Section 201.553, the person may: (1) accept in writing ... (a) If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice ... (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that: (1) a violation ... (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay ... If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may, at the direction ... (a) If a court sustains the finding that a violation occurred after the court reviews the order of the board imposing an administrative penalty, the ... (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ... All proceedings under this subchapter are subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... (a) The board may institute in the board's name an action to restrain a violation of this chapter. An action under this subsection is in ... (a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of chiropractic without a ... The board by rule shall develop a system for monitoring compliance with the requirements of this chapter of a license holder who is the subject ... (a) A person who violates this chapter or a rule adopted by the board under this chapter is liable to the state for a civil ... A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not ... (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) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (b) A person commits an offense if the person is licensed ... Texas Lawyers
Last modified: August 10, 2007 |