TBCE Rules Proposals
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At their website HERE the Texas Board of Chiropractic Examiners has proposed three new rules changes.  Comments on the proposal and any request for a public hearing may be submitted to Glenn Parker, Executive Director, Texas Board of Chiropractic Examiners, 333 Guadalupe St, Tower III, Suite 825, Austin, TX 78701, fax: (512) 305-6705 fax, no later than 30 days from the date that this rule is published in the Texas Register.


§71.15, Concerning Recognized Specialties

This change will "list the specialty in chiropractic orthopedics approved by the Board at its meeting on May 14, 2009; set forth the qualifications and continuing education requirements for this specialty; and renumber the rule accordingly. At this time, the Board is not imposing a fee for specialties."

The rule will now read:

§ 71.15. Recognized Specialties.

The following chiropractic specialties have been approved by the board:
(1) Chiropractic Orthopedic
(A) Requirements:
(i) Diplomate, Academy of Chiropractic Orthopedists;
(ii) Diplomate, American Board of Chiropractic Orthopedists; or
(iii) Fellow, Academy of Chiropractic Orthopedists.
(B) Continuing education requirements: Thirty-six hours of continuing education during the three years prior to recredentialing approved by the Academy of Chiropractic Orthopedists.

(2) Chiropractic Radiology.
(A) Requirements: Diplomate, American Chiropractic Board of Radiology.
(B) Continuing education requirements:
(i) Sixty continuing education credits over a period of five years in the field of diagnostic imaging;
(ii) Successfully completing an American Chiropractic Board of Radiology certification examination; or
(iii) Another manner recognized and approved by the American?Chiropractic Board of Radiology.



§75.17(c)(3), Concerning Scope of Practice

This change will "add a new subparagraph (C) to describe training required for doctors of chiropractic to perform vestibular-ocular-nystagmus testing. These tests consist of three major subsets: ocular motor tests, positional and positioning tests, and alternating binaural bithermal caloric irrigations of the ear. Vestibular diagnostic tests are used to analyze balance related disorders such as dizziness, vertigo, and disequilibrium as part of a differential diagnosis. Such disorders can manifest as problems with posture, gait imbalance, or other disorders of the musculoskeletal system."

The rule will now read:

§ 75.17. Scope of Practice.
(a) - (b) (No change.)
(c) Examination and Evaluation
(1) - (2) (No change.)
(3) Examination and evaluation services which require a license holder to obtain additional training or certification, in addition to the requirements of a basic chiropractic license, include:
(A) - (B) (No change.)
(C) Vestibular diagnostic testing may be performed by a licensee that has successfully completed 75 hours of clinical and didactic training in the technical and professional components of the procedures. The professional component of these procedures may not be delegated to a technician and must be directly performed by a qualified licensee.
(4) (No change.)
(d) - (f) (No change.)


§75.23, Concerning Spinal Screening.

A proposed new rule "sets forth the minimal standards for conducting out-of-facility spinal screenings, such as at a health fair or other community event. In drafting this rule, the Board consulted the rules of the Department of State Health Services, codified at 25 Texas Administrative Code (TAC), Chapter 37, in addition to other sources. The proposed new rule provides standards for the training required of persons conducting out-of-facility spinal screenings and for the information that must be provided to the public at such screenings. School spinal screenings would still need to be conducted in compliance with the rules and guidelines of the Texas Department of State Health Services."

This new rule reads:

§ 75.23. Spinal Screenings.

(a) The purpose of this section is to set forth the minimal standards for conducting out-of- facility spinal screenings. A licensee may offer a spinal screening outside of a registered facility only if they are in compliance with this section.

(b) At all out-of-facility spinal screenings, the following items must be prominently displayed:

(1) proof of licensure of the sponsoring licensee, such as a copy of their chiropractic license or the Board-issued wallet-size license;

(2) a copy of the current facility registration certificate for the facility at which the sponsoring licensee practices;
  
(3) a copy of the spinal screener certificate from the Texas Department of State Health Services for any person performing spinal screenings that is not licensed or that is not a student at an accredited chiropractic college as described in subsection (d) of this section; and
  
(4) a placard that complies with the following requirements:
     
(A) the placard must be placed in a location that can be readily viewed by the public;
     
(B) the placard must be legible from a distance of at least three feet; and
     
(C) the placard must include the following language: "This spinal screening is being offered free of charge and free of any commitment. The screening process does not diagnose a spinal deformity or condition.    You are free to seek an opinion from the health care provider of your choice for a more thorough examination and treatment. Any complaints regarding the conduct at this spinal screening may be directed to the Texas Board of Chiropractic Examiners, www.tbce.state.tx.us, (512) 305-6707."

(c) A licensee sponsoring a spinal screening is responsible for ensuring compliance with §77.2 of this title (relating to Publicity).

(d) A licensee may allow or direct a student from an accredited chiropractic college who has credit for at least six trimesters of chiropractic education to conduct a spinal screening.

(e) A licensee may allow or direct any other person with a spinal screening certificate from Texas Department of State Health Services to conduct a spinal screening. When a licensee or a student that meets the requirements of subsection (d) of this section is present, they may allow or direct another person to assist with a spinal screening.

(f) A licensee shall create and maintain, for at least 24 months following the event, a log for each screening event that contains, at a minimum, the following information:
    
(1) date and location of the event;
    
(2) name and license number of the sponsoring licensee;
    
(3) name and registration number of the chiropractic facility of the sponsoring licensee;
    
(4) names of all persons performing spinal screenings; and
    
(5) the names of each person screened at the event.

(g) Any persons representing a licensee at an out-of-facility spinal screening must be qualified and properly trained as provided in §80.1 of this title (relating to Delegation of Authority).

(h) School spinal screening must be conducted in compliance with rules and guidelines of the Texas Department of State Health Services.

(i) The provisions for out-of-facility spinal screenings in this section supersede the requirements of §80.7 of this title (relating to Out-of-Facility Practice).

 
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