TBCE Proposes Rules Changes
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PROFESSIONAL CONDUCT
Request for Information and Records from Licensees
Proposed

[--This rule is being struck from this particular section of the rules only to be added back into the rules in another section.  Ed.]

(a) - (f)(No change.)

[(g)Renewal of licenses. A licensee shall furnish a written explanation of his or her answer to any question asked on the application for license renewal, if requested by the board. This explanation shall include all details as the board may request and shall be furnished within two weeks of the date of the board's request.]

[(h)Impaired licensees.]

  [(1)The board shall require a licensee to submit to a mental and/or physical examination by the appropriate health care provider designated by the board if the board has probable cause to believe that the licensee is impaired. An impaired licensee is considered to be one who is unable to practice chiropractic with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material; or as a result of any mental or physical condition.]

  [(2)Probable cause may include, but is not limited to, any one of the following listed in subparagraphs (A)-(F) of this paragraph:]

    [(A)sworn statements from two people, willing to testify before the board, that a certain licensee is impaired;]

    [(B)evidence that a licensee left a treatment program for alcohol or chemical dependency before completion of that program;]

    [(C)evidence that a licensee is guilty of intemperate use of drugs or alcohol;]

    [(D)evidence of repeated arrests of a licensee for intoxication;]

    [(E)evidence of recurring temporary commitments to a mental institution of a licensee; or]

    [(F)chiropractic records showing that licensee has an illness or condition which results in the inability to function properly in his or her practice.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.


FORMAL SOAH PROCEEDINGS
Default Judgment
Proposed

[--This was reported to be a "housekeeping measure" to comply with other government regulations.  Ed.]

(a)(No change.)
(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 [10-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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.


FORMAL SOAH PROCEEDINGS
Commencement of Enforcement Proceedings
Proposed

(a)(No change.)
(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 [§2001.052]. 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) - (4)(No change.) (c)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.


RULES OF PRACTICE
Impaired Licensees and Applicants
Proposed

(a)The board shall require a licensee or applicant to submit to a mental and/or physical examination by the appropriate health care provider designated by the board if the board has probable cause to believe that the licensee or applicant is impaired. An impaired licensee or applicant is considered to be one who is unable to practice chiropractic with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material; or as a result of any mental or physical condition.

(b)Probable cause may include, but is not limited to, any one of the following listed in paragraphs (1) - (6) of this subsection:  
(1)sworn statements from two people, willing to testify before the board, that a certain licensee or applicant is impaired;
 
(2)evidence that a licensee or applicant left a treatment program for alcohol or chemical dependency before completion of that program;
 
(3)evidence that a licensee or applicant is guilty of intemperate use of drugs or alcohol;
 
(4)evidence of repeated arrests of a licensee or applicant for intoxication;
 
(5)
evidence of recurring temporary commitments to a mental institution of a licensee or applicant; or
 
(6)chiropractic records showing that licensee or applicant has an illness or condition which results in the inability to function properly in his or her practice.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

[--Here is where the stricken rule referenced above is added back into a new section.  Ed]


LICENSES AND RENEWALS
Renewal of License
Proposed

(a) - (i)(No change.)
(j)Renewal of licenses. A licensee shall furnish a written explanation of his or her answer to any question asked on the application for license renewal, if requested by the board. This explanation shall include all details as the board may request and shall be furnished within two weeks of the date of the board's request.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

[--It appears that now it will be a RULE that you must provide written answers to questions from the TBCE within two weeks of the board's request, or be in violation of TBCE RULES with all the fines that it could impose.  Ed.]


APPLICATIONS AND APPLICANTS
Approved Chiropractic Schools and Colleges
Proposed

(a)(No change.)
(b)
A bona fide reputable[,] chiropractic school as that term is used in subchapter G of the Chiropractic Act is a school which is accredited by a chiropractic educational accrediting body that is a member of the Councils [ Council] on Chiropractic Education International.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

[--This is reported to be a "housekeeping measure" to accommodate international chiropractic students seeking licensure in Texas.  Ed.]


 
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