SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 201.001 - Definitions
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...
- Texas Section 201.002 - Practice Of Chiropractic
(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...
- Texas Section 201.003 - Applications And Exemptions
(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...
SUBCHAPTER B TEXAS BOARD OF CHIROPRACTIC EXAMINERS
- Texas Section 201.004 - Application Of Sunset Act
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,...
- Texas Section 201.051 - Board; Membership
(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:...
- Texas Section 201.052 - Membership Eligibility
(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...
- Texas Section 201.053 - Membership And Employee Restrictions
(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...
- Texas Section 201.054 - Terms; Vacancy
(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...
- Texas Section 201.055 - Officers
(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...
- Texas Section 201.056 - Grounds For Removal
(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...
- Texas Section 201.057 - Per Diem; Reimbursement
(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...
- Texas Section 201.058 - Meetings
(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...
- Texas Section 201.060 - Board Seal
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,"...
SUBCHAPTER C BOARD PERSONNEL
- Texas Section 201.061 - Training
(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...
- Texas Section 201.101 - Division Of Responsibilities
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...
- Texas Section 201.102 - Qualifications And Standards Of Conduct Information
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;...
- Texas Section 201.103 - Career Ladder Program; Performance Evaluations
(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...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 201.104 - Equal Employment Opportunity; Report
(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...
- Texas Section 201.151 - General Powers And Duties
The board shall administer the purposes of and enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 201.152 - Rules
(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)...
- Texas Section 201.1525 - Rules Clarifying Scope Of Practice Of Chiropractic
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...
- Texas Section 201.1526 - Development Of Proposed Rules Regarding Scope Of Practice Of Chiropractic
(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...
- Texas Section 201.153 - Fees
(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...
- Texas Section 201.154 - Certification For Manipulation Under Anesthesia Prohibited
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...
- Texas Section 201.155 - Rules Restricting Advertising Or Competitive Bidding
(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...
- Texas Section 201.1555 - Fraud
(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...
- Texas Section 201.156 - Board Duties Regarding Complaints
(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...
- Texas Section 201.157 - Immunity
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...
- Texas Section 201.158 - Board Committees
(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...
- Texas Section 201.159 - Records
(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...
- Texas Section 201.160 - Payment Of Other Expenses
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.,...
- Texas Section 201.161 - Appropriation From State Treasury Prohibited
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.,...
- Texas Section 201.163 - Policy On Technological Solutions
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...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 201.164 - Negotiated Rulemaking And Alternative Dispute Resolution 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...
- Texas Section 201.201 - Public Interest Information
(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...
- Texas Section 201.202 - Public Participation
(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...
- Texas Section 201.203 - Complaints
(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...
- Texas Section 201.204 - Records Of Complaints
(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...
- Texas Section 201.205 - General Rules Regarding Complaint Investigation And Disposition
(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...
- Texas Section 201.206 - Confidentiality Of Investigation Files
(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...
- Texas Section 201.207 - Inspections
(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;...
- Texas Section 201.208 - Cooperation With Texas Department Of Insurance
(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...
SUBCHAPTER F PEER REVIEW COMMITTEES
- Texas Section 201.209 - Information On Status Of Certain Investigations
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...
- Texas Section 201.251 - Appointment Of Peer Review Committees; Terms
(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...
- Texas Section 201.252 - Committee Member Eligibility
(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...
- Texas Section 201.253 - Executive Peer Review Committee
(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...
- Texas Section 201.254 - Duties Of Peer Review Committee With Regard To Certain Disputes
(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...
- Texas Section 201.2545 - Complaint Investigation By Peer Review Committee
(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...
- Texas Section 201.2546 - Immunity; Eligibility To Participate In Committee Activities
(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...
- Texas Section 201.255 - Request For Information; Report To Board On Disputes Mediated
(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...
SUBCHAPTER G LICENSE REQUIREMENTS
- Texas Section 201.256 - Public Access To Information Regarding Peer Review Committees
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...
- Texas Section 201.301 - License Required
A person may not practice chiropractic unless the person holds a license issued by the board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff....
- Texas Section 201.302 - Licensing Examination Application
(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...
- Texas Section 201.303 - Educational Requirements
(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...
- Texas Section 201.304 - Examination Requirements
(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...
- Texas Section 201.305 - Examination Procedure
(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...
- Texas Section 201.306 - Examination Results
(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...
- Texas Section 201.307 - Reexamination
(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...
- Texas Section 201.308 - Temporary License
(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...
- Texas Section 201.309 - License Issuance To Certain Out-of-state Applicants
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...
- Texas Section 201.311 - Inactive Status
(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...
SUBCHAPTER H ANNUAL REGISTRATION AND LICENSE RENEWAL
- Texas Section 201.312 - Registration Of Facilities
(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...
- Texas Section 201.351 - Annual Registration
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....
- Texas Section 201.352 - Application For Annual Registration
(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...
- Texas Section 201.353 - License Expiration Date
(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...
- Texas Section 201.354 - License Renewal
(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)...
- Texas Section 201.355 - Renewal Of Expired License By Out-of-state Practitioner
(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...
SUBCHAPTER I PATIENT CONFIDENTIALITY
- Texas Section 201.356 - Continuing Education
(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...
- Texas Section 201.401 - Definition Of Patient
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,...
- Texas Section 201.402 - Patient Confidentiality
(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...
- Texas Section 201.403 - Exceptions To Confidentiality For Administrative Procedure
(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;...
- Texas Section 201.404 - Exceptions To Confidentiality For Other Circumstances
(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...
- Texas Section 201.405 - Consent For Release
(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...
- Texas Section 201.451 - Delegation To Assistants
(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...
- Texas Section 201.452 - Use Of X-ray
(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,...
SUBCHAPTER K DISCIPLINARY PROCEDURES
- Texas Section 201.453 - Malpractice Settlement Information And Expert Reports
(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...
- Texas Section 201.501 - Disciplinary Powers Of Board
(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...
- Texas Section 201.502 - Grounds For Refusal, Revocation, Or Suspension Of License
(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...
- Texas Section 201.5025 - Prohibited Practices By Chiropractor Or License Applicant
(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...
- Texas Section 201.5026 - Unprofessional Or Dishonorable Conduct
(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:...
- Texas Section 201.503 - Schedule Of Sanctions
(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...
- Texas Section 201.504 - Informal Proceedings; Refunds
(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...
- Texas Section 201.505 - Hearings
(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)...
- Texas Section 201.506 - Enforcement Committee
(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...
- Texas Section 201.5065 - Required Suspension Or Revocation Of License For Certain Offenses
(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...
- Texas Section 201.507 - Temporary License Suspension
(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...
- Texas Section 201.508 - Powers Of District Courts; Duties Of District And County Attorneys
(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....
- Texas Section 201.509 - Representation By Attorney General
(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...
- Texas Section 201.510 - Right To Appeal
(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...
SUBCHAPTER L ADMINISTRATIVE PENALTY
- Texas Section 201.511 - Reissuance Of License
(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...
- Texas Section 201.551 - Imposition Of Administrative Penalty
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...
- Texas Section 201.552 - Amount Of Penalty
(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...
- Texas Section 201.553 - Enforcement Committee Recommendations
(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...
- Texas Section 201.554 - Penalty To Be Paid Or Hearing Requested
(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...
- Texas Section 201.555 - Hearing On Enforcement Committee Recommendations
(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...
- Texas Section 201.556 - Decision By Board
(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...
- Texas Section 201.557 - Options Following Decision: Pay Or Appeal
(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...
- Texas Section 201.558 - Collection Of Penalty
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...
- Texas Section 201.559 - Determination By Court
(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...
- Texas Section 201.560 - Remittance Of Penalty And Interest
(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)...
SUBCHAPTER M OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 201.561 - Administrative Procedure
All proceedings under this subchapter are subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 201.601 - Injunctive Relief
(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...
- Texas Section 201.6015 - Cease And Desist Order
(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...
- Texas Section 201.602 - Monitoring License Holder
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...
- Texas Section 201.603 - Civil Penalty
(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...
- Texas Section 201.604 - General Criminal Penalty
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...
- Texas Section 201.605 - Criminal Penalty: Practice Without 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...
- Texas Section 201.606 - Criminal Penalty: Providing Chiropractic Treatment Or Services While Intoxicated
(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...