CHAPTER 201. CHIROPRACTORS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES

CHAPTER 201. CHIROPRACTORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 the meaning assigned to that term by

Section 483.001, Health and Safety Code.

(3) "Incisive or surgical procedure" includes making an incision

into any tissue, cavity, or organ by any person or implement.

The term does not include the use of a needle for the purpose of

drawing blood for diagnostic testing.

(4) "Surgical procedure" includes a procedure described in the

surgery section of the common procedure coding system as adopted

by the Centers for Medicare and Medicaid Services of the United

States Department of Health and Human Services.

(b) A person practices chiropractic under this chapter if the

person:

(1) uses objective or subjective means to analyze, examine, or

evaluate the biomechanical condition of the spine and

musculoskeletal system of the human body;

(2) performs nonsurgical, nonincisive procedures, including

adjustment and manipulation, to improve the subluxation complex

or the biomechanics of the musculoskeletal system;

(3) represents to the public that the person is a chiropractor;

(4) uses the term "chiropractor," "chiropractic," "doctor of

chiropractic," "D.C.," or any derivative of those terms or

initials in connection with the person's name.

(1) incisive or surgical procedures;

(2) the prescription of controlled substances, dangerous drugs,

or any other drug that requires a prescription; or

(3) the use of x-ray therapy or therapy that exposes the body to

radioactive materials.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 1, eff. September 1, 2005.

Sec. 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 spinal screening services as authorized by Chapter 37,

Health and Safety Code, a physical therapist licensed under

Chapter 453, or a massage therapist or a massage therapy

instructor qualified and registered under Chapter 455 if:

(1) the person does not represent to the public that the person

is a chiropractor or use the term 'chiropractor,' 'chiropractic,'

'doctor of chiropractic,' 'D.C.,' or any derivative of those

terms or initials in connection with the person's name or

practice; and

(2) the person practices strictly within the scope of the

license or registration held in compliance with all laws relating

to the license and registration.

(b) This chapter does not limit or affect the rights and powers

of a physician licensed in this state to practice medicine.

in a college of chiropractic in this state from engaging in all

phases of clinical practice if the practice is:

(1) part of the curriculum; and

(2) conducted under the supervision of a licensed chiropractor

or a licensed physician.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.014, eff. Feb.

1, 2004.

Sec. 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, the board is abolished and this chapter expires

September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 2, eff. September 1, 2005.

SUBCHAPTER B. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

Sec. 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:

(1) six chiropractors who are reputable practicing chiropractors

and who have resided in this state for at least five years

preceding appointment; and

(2) three members who represent the public.

(b) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 board of trustees of a

chiropractic school or a doctor of chiropractic degree program;

(2) is a stockholder in a chiropractic school or college; or

(3) has a financial interest in a chiropractic school or

college.

(b) A person is not eligible for appointment as a public member

of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of health care;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

802, Sec. 1, eff. June 15, 2007.

Sec. 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 assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be a

board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of health

care.

September 1, 2005.

(d) A person may not be a member of the board or act as the

general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1020, Sec. 36, eff. September 1, 2005.

Sec. 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 year.

(b) A person may not be appointed to serve more than two terms.

board member, the governor shall appoint a replacement to fill

the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 the governor.

(b) The board shall elect one of its members as vice president

and one of its members as secretary-treasurer at the first board

meeting after the biennial appointment of board members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(31), eff. Sept.

1, 2003.

Sec. 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 required by Sections 201.051 and 201.052(b);

(2) does not maintain during service on the board the

qualifications required by Sections 201.051 and 201.052(b);

(3) is ineligible for membership under Section 201.052 or

201.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

ground for removal exists, the executive director shall notify

the president of the board of the potential ground. The

president shall then notify the governor and the attorney general

that a potential ground for removal exists. If the potential

ground for removal involves the president, the executive director

shall notify the next highest ranking officer of the board, who

shall then notify the governor and the attorney general that a

potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 4, eff. September 1, 2005.

Sec. 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 business of the board.

(b) A member may not receive reimbursement for travel expenses,

including expenses for meals and lodging, other than

transportation expenses as provided by the General Appropriations

Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 the board.

(b) A special meeting may be held at the call of three board

members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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," around the

margin.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 a member in attendance at a meeting

of the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter and the board's programs, functions, rules, and

budget;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 5, eff. September 1, 2005.

SUBCHAPTER C. BOARD PERSONNEL

Sec. 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 the staff of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 6, eff. September 1, 2005.

Sec. 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;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 level

positions concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations. All

merit pay for board employees must be based on the system

established under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel, that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state guidelines;

(3) procedures by which a determination can be made of the

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

significant underuse.

(b) A policy statement prepared under Subsection (a) must be:

(1) prepared to cover an annual period;

(2) updated annually;

(3) reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports made to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD POWERS AND DUTIES

Sec. 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.

Sec. 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) relating to the board's proceedings and the board's

examination of an applicant for a license to practice

chiropractic.

(b) The board shall adopt rules for the enforcement of this

chapter. The board shall issue all rules based on a vote of a

majority of the board at a regular or special meeting. The

issuance of a disciplinary action or disciplinary order of the

board is not limited by this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 7, eff. September 1, 2005.

Sec. 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 scope. The

rules:

(1) must clearly specify the procedures that chiropractors may

perform;

(2) must clearly specify any equipment and the use of that

equipment that is prohibited; and

(3) may require a license holder to obtain additional training

or certification to perform certain procedures or use certain

equipment.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 8, eff. September 1, 2005.

Sec. 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

requirements of Chapter 2001, Government Code. This section does

not affect the duty of the board to comply with the rulemaking

requirements of that law.

(b) The board shall establish methods under which the board, to

the extent appropriate, will seek input early in the rule

development process from the public and from persons who will be

most affected by a proposed rule. Methods must include

identifying persons who will be most affected and soliciting, at

a minimum, the advice and opinions of those persons. Methods may

include negotiated rulemaking, informal conferences, advisory

committees, and any other appropriate method.

be challenged on the grounds that the board did not comply with

this section. If the board was unable to solicit a significant

amount of advice and opinion from the public or from affected

persons early in the rule development process, the board shall

state in writing the reasons why the board was unable to do so.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 8, eff. September 1, 2005.

Sec. 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 set a fee in an

amount that is less than the amount of that fee on September 1,

1993.

(b) Each of the following fees imposed under Subsection (a) is

increased by $200:

(1) the fee for an annual renewal of a license;

(2) the fee for issuance of a license to an out-of-state

applicant;

(3) the fee for an examination; and

(4) the fee for a reexamination.

$50 shall be deposited in the foundation school fund and $150

shall be deposited in the general revenue fund.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 899, Sec. 2.

Sec. 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 Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 deceptive

practices by that person.

(b) The board may not include in rules to prohibit false,

misleading, or deceptive practices by a person regulated by the

board a rule that:

(1) restricts the use of any advertising medium;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the use of a trade name in advertising by the

person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 the practice

of chiropractic, including rules relating to:

(1) the filing of workers' compensation and insurance claims;

and

(2) records required to be maintained in connection with the

practice of chiropractic.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 9, eff. September 1, 2005.

Sec. 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 provided to a person when the

person files a complaint with the board.

(b) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

(1) the retention of information files on license holders; and

(2) the expunction of files on license holders, including

complaints, adverse reports, and other investigative information

on license holders.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 consultant or hearing officer is not

liable in a civil action for any alleged injury, wrong, loss, or

damage for any investigation, report, recommendation, statement,

evaluation, finding, order, or award made in the course of

performing the person's official duties.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 to the committee relating to the

enforcement of this chapter and the rules adopted by the board;

and

(2) make recommendations to the board.

authority granted to the board under Section 201.505(c).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 each

applicant for a license;

(2) the amount of time spent by the applicant in the study of

chiropractic in respective doctor of chiropractic degree

programs; and

(3) other information the board desires to record.

(b) The register shall show whether an applicant was rejected or

licensed.

evidence of the matters contained in the register. A certified

copy of the register with the seal of the board is admissible as

evidence in any court of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.051(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

802, Sec. 2, eff. June 15, 2007.

Sec. 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., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 285, Sec. 24, eff. Sept. 1,

2003.

Sec. 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., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 10, eff. September 1, 2005.

Sec. 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 adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 10, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 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 resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board; or

(2) on a sign prominently displayed in the place of business of

each person regulated by the board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 a

record for each complaint of:

(1) each person contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint

process;

(3) an explanation of the legal basis and reason for a complaint

that is dismissed;

(4) the schedule required under Section 201.205 and a

notification of any change in the schedule; and

(5) other relevant information.

(b) Except as provided by Subsection (c), if a written complaint

is filed with the board that the board has authority to resolve,

the board, at least quarterly and until final disposition of the

complaint, shall notify the parties to the complaint of the

status of the complaint unless the notice would jeopardize an

undercover investigation.

resolve is referred to the enforcement committee, the board at

least semiannually and until final disposition of the complaint,

shall notify the parties to the complaint of the status of the

complaint unless the notice would jeopardize an undercover

investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 between categories of complaints;

(2) require the board to prioritize complaints for purposes of

determining the order in which they are investigated, taking into

account the seriousness of the allegations made in a complaint

and the length of time a complaint has been pending;

(3) ensure that a complaint is not dismissed without appropriate

consideration;

(4) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the complaint;

(5) ensure that the person who filed the complaint has the

opportunity to explain the allegations made in the complaint; and

(6) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The board shall:

(1) dispose of a complaint in a timely manner; and

(2) establish a schedule for conducting each phase of the

complaint process that is under the control of the board not

later than the 30th day after the date the board receives the

complaint.

projected time requirements for pursuing the complaint.

(d) The board shall notify the parties to the complaint of any

change in the schedule not later than the seventh day after the

date the change is made.

(e) The executive director shall notify the board of a complaint

that is unresolved after the time prescribed by the board for

resolving the complaint so that the board may take necessary

action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 11, eff. September 1, 2005.

Sec. 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 to the board or an employee or

agent of the board.

(b) The board shall share information in investigation files, on

request, with another state or federal regulatory agency or with

a local, state, or federal law enforcement agency regardless of

whether the investigation has been completed. The board is not

required to disclose under this subsection information that is an

attorney-client communication, an attorney work product, or other

information protected by a privilege recognized by the Texas

Rules of Civil Procedure or the Texas Rules of Evidence.

under Section 201.505, the board shall provide to the license

holder, subject to any other privilege or restriction set forth

by rule, statute, or legal precedent, access to all information

in the board's possession that the board intends to offer into

evidence in presenting its case in chief at the contested case

hearing on the complaint. The board is not required to provide:

(1) a board investigative report or memorandum;

(2) the identity of a nontestifying complainant; or

(3) attorney-client communications, attorney work product, or

other materials covered by a privilege recognized by the Texas

Rules of Civil Procedure or the Texas Rules of Evidence.

(d) Notwithstanding Subsection (a), the board may:

(1) disclose a complaint to the affected license holder; and

(2) provide to a complainant the license holder's response to

the complaint, if providing the response is considered by the

board to be necessary to investigate the complaint.

(e) This section does not prohibit the board or another party in

a disciplinary action from offering into evidence in a contested

case under Chapter 2001, Government Code, a record, document, or

other information obtained or created during an investigation.

Added by Acts 2003, 78th Leg., ch. 329, Sec. 1, eff. Sept. 1,

2003.

Sec. 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; and

(2) examine and copy records of the chiropractic facility

pertinent to the inspection or investigation.

(b) The board is not required to provide notice before

conducting an inspection under this section.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 12, eff. September 1, 2005.

Sec. 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 the board that relates to a person who is licensed

or otherwise regulated by the department or the board.

department or board's own initiative, may share confidential

information or information to which access is otherwise

restricted by law. The department and the board shall cooperate

with and assist each other when either agency is conducting an

investigation by providing information that is relevant to the

investigation. Except as provided by this section, confidential

information that is shared under this section remains

confidential under law, and legal restrictions on access to the

information remain in effect unless the agency sharing the

information approves use of the information by the receiving

agency for enforcement purposes. The provision of information by

the board to the department or by the department to the board

under this subsection does not constitute a waiver of privilege

or confidentiality as established by law.

(d) The department and the board shall develop and maintain a

system for tracking investigations conducted by each agency with

the cooperation and assistance of the other agency, including

information on all disciplinary actions taken.

(e) The department and the board shall collaborate on taking

appropriate disciplinary actions to the extent practicable.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 12, eff. September 1, 2005.

Sec. 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 cooperation and

assistance of the Texas Department of Insurance and the Texas

Workers' Compensation Commission during the preceding fiscal

year.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 12, eff. September 1, 2005.

SUBCHAPTER F. PEER REVIEW COMMITTEES

Sec. 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 as near to

one-third of the members' terms as possible expiring December 31

of each year.

(b) The board may seek input from state chiropractic

associations in selecting persons to appoint to a local peer

review committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 13, eff. September 1, 2005.

Sec. 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

review committee.

(b) A member of a local peer review committee may not be a

consultant to or an employee of any company or carrier of health

care insurance.

training programs that do not discriminate against any

chiropractor. A peer review training program must include

training in the investigation of complaints in accordance with

this chapter and board rules.

(d) The board by rule shall adopt additional requirements for

eligibility to serve on a chiropractic peer review committee,

including a requirement that a member have:

(1) a clean disciplinary record; and

(2) an acceptable record regarding utilization review performed

in accordance with Article 21.58A, Insurance Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 14, eff. September 1, 2005.

Sec. 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 of six volunteer members. Members

of the executive peer review committee serve staggered terms of

three years, with one-third of the members' terms expiring

December 31 of each year. The executive peer review committee

shall elect a presiding officer from its members.

(b) The executive peer review committee shall conduct hearings

relating to disputes referred by a local peer review committee

and shall make its recommendations based solely on evidence

presented in the hearings.

consultant to or an employee of any company or carrier of health

care insurance.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 15, eff. September 1, 2005.

Sec. 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 a person

obligated to pay a fee for chiropractic services or treatment;

and

(2) mediate in a dispute involving a chiropractor and a patient

or person obligated to pay a fee for chiropractic services or

treatment.

(b) Each local peer review committee shall report its findings

and recommendations to the executive chiropractic peer review

committee. A local peer review committee shall refer a dispute

that is not resolved at the local level to the executive peer

review committee.

September 1, 2005.

(d) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.

September 1, 2005.

(e) Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff.

September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 16, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1020, Sec. 36, eff. September 1, 2005.

Sec. 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 chiropractor

were provided according to the standard of care in the practice

of chiropractic.

(b) In conducting an investigation of a referred complaint, the

committee shall review the records and other evidence obtained by

the staff of the board in the course of the staff's investigation

of the complaint.

regarding the complaint, including a statement of:

(1) the standard of care in the practice of chiropractic

governing the chiropractic treatment or services provided by the

chiropractor;

(2) whether the chiropractor met the standard of care in

providing the treatment or services; and

(3) the clinical basis for the committee's finding under

Subdivision (2).

(d) The board may request a member of the committee to attend an

informal conference or testify at a contested case hearing.

(e) The board, with input from the executive chiropractic peer

review committee, shall adopt rules necessary to implement this

section.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 17, eff. September 1, 2005.

Sec. 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 finding, evaluation, recommendation, or other action

made or taken by the member as a member of the committee or by

the committee. The immunity granted by this subsection does not

limit the operation of federal or state antitrust laws as applied

to the conduct of a local or executive peer review committee that

involves price fixing or any other unreasonable restraint of

trade.

(b) A member of a peer review committee may not participate in

committee deliberations or other activities involving

chiropractic services or treatment rendered or performed by the

member.

this section does not deprive any person of a right or remedy,

legal or equitable.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 17, eff. September 1, 2005.

Sec. 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 peer review committee shall file

annually with the board a report on the disputes mediated by the

local chiropractic peer review committees under Section 201.254

during the preceding calendar year. The report must include:

(1) the number of disputes referred to the committees;

(2) a categorization of the disputes referred to the committees

and the number of complaints in each category; and

(3) the number of disputes resolved and the manner in which they

were resolved.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 18, eff. September 1, 2005.

Sec. 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 types of disputes committees mediate.

Added by Acts 2005, 79th Leg., Ch.

1020, Sec. 19, eff. September 1, 2005.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec. 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. Sept. 1, 1999.

Sec. 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 age;

(2) is of good moral character;

(3) has completed 90 semester hours of college courses other

than courses included in a doctor of chiropractic degree program;

and

(4) is either a graduate or a final semester student of a bona

fide reputable doctor of chiropractic degree program.

(b) An application for examination must be:

(1) made in writing;

(2) verified by affidavit;

(3) filed with the secretary-treasurer of the board on a form

prescribed by the board; and

(4) accompanied by a fee.

and place of the examination.

(d) Notwithstanding Subsection (a)(3), if the Council on

Chiropractic Education or another national chiropractic education

accreditation organization recognized by the board requires a

number of semester hours of college courses other than courses

included in a doctor of chiropractic degree program that is

greater or less than the number of hours specified by that

subsection to qualify for admission to a doctor of chiropractic

degree program, the board may adopt the requirement of that

organization if the board determines that requirement to be

appropriate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 20, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

802, Sec. 3, eff. June 15, 2007.

Sec. 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

has satisfactorily completed at least the number of semester

hours of college credits required by that section at a college or

university that issues credits accepted by The University of

Texas at Austin for a bachelor of arts or bachelor of science

degree.

(b) Repealed by Acts 2003, 78th Leg., ch. 329, Sec. 5.

verifying that the applicant has satisfied the requirements of

this section.

(d) A bona fide reputable doctor of chiropractic degree program

that satisfies Section 201.302(a)(4) is one that:

(1) has entrance requirements and a course of instruction as

high as those of a better class of doctor of chiropractic degree

programs in the United States;

(2) maintains a resident course of instruction equivalent to:

(A) not less than four terms of eight months each; or

(B) not less than the number of semester hours required by The

University of Texas for a bachelor of arts or bachelor of science

degree;

(3) provides a course of instruction in the fundamental subjects

listed in Section 201.305(b); and

(4) has the necessary teaching staff and facilities for proper

instruction in all of the fundamental subjects listed in Section

201.305(b).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 329, Sec. 5.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 21, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

802, Sec. 4, eff. June 15, 2007.

Sec. 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

the National Board of Chiropractic Examiners, as required by and

under conditions established by board rule; and

(2) an examination prepared by the board that tests the

applicant's knowledge and understanding of the laws relating to

the practice of chiropractic in this state.

(b) The board shall periodically determine whether applicants

who hold National Board of Chiropractic Examiners certificates

have been adequately examined. If the board determines that those

applicants have not been adequately examined, the board shall

require those applicants to submit to an additional examination

prepared by the board.

last semester of college if the board receives evidence

indicating the applicant has satisfactory grades. Immediately

after the applicant graduates from chiropractic college, the

applicant must forward to the board evidence of satisfactory

completion of the applicant's course of study.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 721, Sec. 1, eff. Sept. 1,

2001.

Sec. 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 examination given under Section 201.304(a)(1) shall be

conducted on practical and theoretical chiropractic and in the

subjects of anatomy-histology, chemistry, bacteriology,

physiology, symptomatology, pathology and analysis of the human

spine, and hygiene and public health.

without a name or another method of identification on examination

papers by which members of the board could identify an applicant,

until after the general averages of the applicants' numbers in

the class are determined and the licenses are granted or refused.

(d) The board by rule shall ensure that the examination is

administered to applicants with disabilities in compliance with

the Americans with Disabilities Act of 1990 (42 U.S.C. Section

12101 et seq.).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 721, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 22, eff. September 1, 2005.

Sec. 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 date the licensing

examination is administered.

(b) If requested by a person who fails an examination given by

the board, the board shall review with the person the

circumstances surrounding the adverse score.

applicant must score a grade of at least 75 percent.

(d) All questions and answers from an examination given by the

board, with the grades attached, authenticated by the signature

of the examiner, shall be preserved in the executive office of

the board for at least one year.

(e) Each license shall be attested by the seal of the board and

signed by all members of the board or a quorum of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 721, Sec. 3, eff. Sept. 1,

2001.

Sec. 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 an

applicant may retake the examination required by Section

201.304(a)(1) or (b), as applicable. An applicant must pass the

examination required by Section 201.304(a)(2) within three

attempts. The board by rule shall establish the conditions under

which an applicant may retake an examination. The board may

require an applicant to fulfill additional educational

requirements.

reexamination, the board shall grant to the applicant a license

to practice chiropractic.

(d) The board's decision under this section is final.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 721, Sec. 4, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1020, Sec. 23, eff. September 1, 2005.

Sec. 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 the period

a temporary license is valid.

chiropractic to a person as provided by this section. The

person:

(1) must hold a current chiropractic license that is

unrestricted and not subject to a disciplinary order or probation

in another state or a Canadian province;

(2) may not hold a chiropractic license in another state or a

Canadian province that has any restrictions, disciplinary orders,

or probation;

(3) must pass the examination required under Section

201.304(a)(2);

(4) must have been engaged in the practice of chiropractic:

(A) for at least the three years preceding the date of the

application under this section; or

(B) as a chiropractic educator in a doctor of chiropractic

degree program accredited by the Council on Chiropractic

Education for at least the three years preceding the date of the

application under this section; and

(5) must hold a salaried faculty position of at least the level

of assistant professor and be working full-time at:

(A) Parker College of Chiropractic; or

(B) Texas Chiropractic College.

(d) A person is eligible for a temporary license under

Subsection (c) if the person holds a faculty position of at least

the level of assistant professor, the person works at least

part-time at an institution listed in Subsection (c)(5), and:

(1) the person is on active duty in the United States armed

forces; and

(2) the person's practice under the temporary license will

fulfill critical needs of the citizens of this state.

(e) A chiropractor who is issued a temporary license under

Subsection (c) must sign an oath on a form prescribed by the

board swearing that the person:

(1) has read and is familiar with this chapter and board rules;

(2) will abide by the requirements of this chapter and board

rules while practicing under the chiropractor's temporary

license; and

(3) will be subject to the disciplinary procedures of the board.

(f) A chiropractor holding a temporary license under Subsection

affidavits with the board affirming acceptance of the terms and

limits imposed by the board on the chiropractic activities of the

chiropractor.

(g) A temporary license issued under Subsection (c) is valid for

one year.

(h) The holder of a temporary license issued under Subsection

chiropractic school as a part of the chiropractor's duties and

responsibilities assigned by the program and may not practice

chiropractic outside of the setting of the chiropractic school or

an affiliate of the chiropractic school.

(i) The application for a temporary license under Subsection (c)

must be made by the chiropractic school in which the chiropractor

teaches and must contain the information and documentation

requested by the board. The application must be endorsed by the

dean of the chiropractic school or the president of the

institution.

(j) A chiropractor who holds a temporary license issued under

Subsection (c) and who wishes to receive a permanent unrestricted

license must meet the requirements for issuance of a permanent

unrestricted license, including any examination requirements.

(k) The board shall adopt:

(1) rules governing the issuance of a renewal temporary faculty

license, including a rule that permits a person licensed under

Subsection (c) to continue teaching while an application for a

renewal temporary license is pending;

(2) fees for the issuance of a temporary license and a renewal

temporary license; and

(3) an application form for temporary licenses and renewal

temporary licenses to be issued under this section.

(l) The fee for a renewal temporary license issued under

Subsection (k)(1) must be less than the amount of the fee for a

temporary license issued under Subsection (c).

(m) A chiropractic school shall notify the board not later than

72 hours after the time:

(1) except as provided by Subdivision (2), a chiropractor

licensed under Subsection (c) ceases to hold a full-time salaried

position of at least the level of assistant professor at the

school; and

(2) a chiropractor described by Subsection (d) ceases to hold a

part-time salaried position of at least the level of assistant

professor at the school.

(n) The board shall revoke a license issued under this section

if the license holder no longer satisfies the requirements of

this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

957, Sec. 1, eff. September 1, 2009.

Sec. 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

prescribed by the board, accompanied by the application fee set

by the board and any other information requested by the board;

(2) is licensed in good standing to practice chiropractic in

another state or foreign country that has licensing requirements

substantially equivalent to the requirements of this chapter;

(3) has not been the subject of a disciplinary action and is not

the subject of a pending investigation in any jurisdiction in

which the applicant is or has been licensed;

(4) has graduated from a doctor of chiropractic degree program

accredited by the Council on Chiropractic Education and approved

by rule by the board;

(5) has passed a national or other examination recognized by the

board relating to the practice of chiropractic;

(6) has passed the board's jurisprudence examination;

(7) has practiced chiropractic:

(A) for at least the three years immediately preceding the date

of the application under this section; or

(B) as a chiropractic educator in a doctor of chiropractic

degree program accredited by the Council on Chiropractic

Education for at least the three years immediately preceding the

date of the application under this section; and

(8) meets any other requirements adopted by rule by the board

under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 899, Sec. 1.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

802, Sec. 5, eff. June 15, 2007.

Sec. 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 apply for inactive status,

on a form prescribed by the board, before the expiration date of

the license.

(b) A license holder whose license is on inactive status:

(1) is not required to pay license renewal fees; and

(2) may not perform an activity regulated under this chapter.

return to active practice by notifying the board in writing. The

board shall remove the license holder's license from inactive

status after the holder pays an administrative fee and complies

with any educational or other requirements established by board

rules.

(d) The board by rule shall establish a rule setting a limit on

the time a license holder's license may remain on inactive

status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 adopted under this section must:

(1) specify the registration requirements for a chiropractic

facility;

(2) prescribe the standards for the chiropractic facility

registration program;

(3) provide for the issuance of a separate certificate of

registration to an owner of a chiropractic facility for each

chiropractic facility owned by the owner; and

(4) provide for the board to send notice to an owner of a

chiropractic facility and to each chiropractor practicing in the

facility of the impending expiration of the facility's

certificate of registration before the expiration of the

certificate.

consistent with industry standards for the practice of

chiropractic.

(d) To register a chiropractic facility, the owner of the

facility must:

(1) file with the board a written application for registration;

and

(2) pay, with the application, a registration fee in an amount

set by the board not to exceed $75.

(e) The board may issue a certificate of registration only to a

chiropractic facility that complies w

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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