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Rule 76.3
(a) Filing with SOAH. Board staff will file a Request to Docket Case Form, as required by SOAH rules, with the SOAH for an enforcement case referred for formal hearing under §75.9(c) of this title (relating to Rules of Practice).

(b) Notice. The respondent shall be entitled to reasonable notice of a hearing of not less than ten days prior to the hearing as provided by the APA, §2001.051. The notice shall contain a citation to 1 TAC Chapter 155 (relating to SOAH Rules of Procedure) and include the matters specifically required by §2001.052, as follows:

  (1) a statement of the time, place, and nature of the hearing;

  (2) a statement of the legal authority and jurisdiction under which the hearing is being held;

  (3) a reference to the particular sections of the Chiropractic Act, other law or rules which the respondent is alleged to have violated; and

  (4) a short and plain statement of the acts relied on by the board as a violation of the cited law and rules.

(c) Service. The notice of hearing and the formal complaint by the board shall be served on the respondent, at the last known address of the respondent. Service on the respondent shall be complete and effective if service is by registered or certified mail and by regular mail, at the current business or mailing address of the respondent on file with board.

Rule 76.11
(a)  If a respondent in an enforcement case fails to appear in person or by legal representative on the day and at the time set for hearing, regardless of whether an appearance has been entered, the ALJ, pursuant to the SOAH's rules, on the motion of the petitioner, and adequate proof that proper notice under the APA and the SOAH rules was served upon the defaulting party, shall enter a default judgment in the matter adverse to the respondent.

(b) A default judgment granted under this section will be entered on the basis of the factual allegations contained in the notice of hearing and upon proof of proper notice to the respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the APA, §§2001.051, 2001.052, and 2001.054. In order for a default judgment to be entered under this section, the notice of hearing shall include the following language in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF REQUESTED BY BOARD STAFF SHALL BE GRANTED BY DEFAULT.

Rule 80.3
(a) Request for chiropractic records. Upon request, a licensee shall furnish copies of chiropractic records or a summary or narrative of the records pursuant to a written consent for the release of the information or records. The requested information or record shall not be released if the licensee determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The licensee may delete from the requested records confidential information about another person who has not consented to release. For purposes of this chapter, "chiropractic records" means any records pertaining to the history, diagnosis, treatment or prognosis of the patient including records of other health care practitioners contained in the records of the licensee to whom a request for release of records has been made. "Patient" means any person who consults or is seen by a licensee for the purposes of receiving chiropractic care.

(b) Written consent.

  (1) The written consent required by subsection (a) of this section shall be signed by:

    (A) the patient;

    (B) the patients' personal representative if the patient is deceased;

    (C) a parent or legal guardian if the patient is a minor;

    (D) a legal guardian if the patient has been adjudicated incompetent to manage his or her personal affairs; or

    (E) an attorney ad litem for the patient as authorized by law, including the Health and Safety Code, Title 7, Family Code, Chapter 11 or the Probate Code, Chapter 5.

  (2) The written consent shall contain the specific information or chiropractic records to be released under the consent; the reasons or purposes for the release; and the person to whom the information is to be released.

  (3) The patient, or other person authorized to consent, has the right to withdraw the consent to the release of any information. Withdrawal of consent does not affect any information disclosed prior to the written notice of the withdrawal. Any person who received information made confidential by the Chiropractic Act may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release information was obtained.

(c) Reasonable time. A copy of chiropractic records or a summary or narrative of the records requested under subsection (a) of this section shall be furnished by the licensee within a reasonable time, not to exceed 15 business days from the date of the request.

(d) Denial of request. If the licensee denies the request under subsection (a) of this section for a copy of chiropractic records or a summary or narrative of the records, either in whole or in part, the licensee shall furnish the patient a written statement, signed and dated, stating the reason for the denial. Chiropractic records requested pursuant to subsection (a) of this section may not be withheld based on a past due account for care or treatment previously rendered to the patient.

(e) Fee for records. The licensee may charge a reasonable fee for furnishing the information requested under subsection (a) of this section, in accordance with the following provisions:

  (1) The fee shall be paid by the patient or someone else on the patient's behalf.

  (2) A licensee may require payment in advance except from another licensee or other health care provider, including a chiropractor licensed by any other state, territory, or insular possession of the United States or any state or province of Canada, if requested for purposes of emergency or acute medical care.

  (3) In the event payment is not received, within ten calendar days from notification of the charge, the licensee shall notify the requesting party in writing of the need for payment.

  (4) A reasonable fee for a paper copy shall be a charge not to exceed:

    (A) $30 for retrieval of records and processing the request, including copies for the first 10 pages;

    (B) $1.00 per page for pages 11-60;

    (C) $.50 per page for pages 61-400; and

    (D) $.25 per page for pages over 400;

  (5) A reasonable fee for copies of films or other static diagnostic imaging studies shall be a charge not to exceed $45 for retrieval and processing, including copies for the first 10 pages, and $1.00 for each additional page over 10.

  (6) Reasonable fees may also include actual costs for mailing, shipping or delivery.

(f) Subpoena not required. A subpoena shall not be required for the release of chiropractic records requested pursuant to subsection (a) of this section.
 
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