NEY GENERAL 

~FTExAS 

Hon. Harvey Ii. Kennedy, D.C., President 

Texas Board of Chiropractic Examiners 

Sam Houston Building 

Austin, Texas 

Opinion No. C-420 

Dear Mr. Kennedy: 

Be: Whether the Board of Chiropractic Examiners has the authority to determine the 

schools and state associations 

whose programs of refresher 

work will be acceptable to the 

Board as meeting the annual renewal requirements. 

You have requested the opinion of this office regarding the above-stated question, based upon the requirements 

of the Texas Chiropractic Act, Article 4512b, Vernon's Civil 

Statutes. 

The particular section of the Texas Chiropractic Act 

that is involved in your question is Section 8b of Article 

4512b. This section is quoted in part as follows: 

1, 

. . .Provided, however, that as a 

prerequisite to the annual registration or 

renewal and before such chiropractic registration or renewal may be issued, the licensee shall present to the Board (a) satisfactory evidence that in the year preceding 

the application for renewal said licensee 

attended two (2) daysof seminar, educational lectures, post-graduate course, or annual 

convention of any State Association or Society, 

or regular organized (recognized) Chiropractic College, or (b) satisfactory evidence that 

-1977- 
Hon. Harvey I-I. Kennedy, D.C., page 2 (C-420) 

he was unavoidably prevented by sickness or 

otherwise attending such educational or postgraduate program, together with a recommendation of two (2) reputable licensed Texas Chiropractors who personally know the licensee and 

vouch for his good standing in the profession; 

provided that new licenses. . ." 

Pursuant to the requirement of a minimum of two days 

of refresher training as established above, you advise that 

the Texas Board of Chiropractic Examiners has passed a motion 

as follows: 

"The Texas State Chiropractic Association be named as the official State Chiropractic Association and that the Texas State 

Chiropractic Association Convention, Texas 

Chiropractic College Homecoming Convention 

and Texas Chiropractic College Fall Seminar 

be the Texas refresher courses recognized by 

the Board for renewal of licenses. Various 

seminars; such as: Parker, Rich Courses, 

T.S.C.A. Insurance seminar, T.S.C.A. X-ray 

seminar, County Societies, Science Clubs and 

other small organizations are not acceptable 

for license renewal." 

It is clear that the refresher requirements established 

by the motion are no stricter than the requirements made in 

the ~statute. The primary difference between the motion and 

the statute is that the motion particularly names the various 

professional meetings that will be recognized as fulfilling 

the refresher requirements of the statute. 

Section 4a of the Texas Chiropractic Act empowers the 

Board "to make such rules and regulations not inconsistent 

with this law as may be necessary for the performance of its 

duties, the regulation of the practice of chiropractic, and 

the enforcement of this Act." Under this provision, it is incumbent upon the Board to determine that the refresher course 

requirements are met by attendance at bona fide e,ducational 

events contemplated by the statute. The Board could not reach 

out and create new refresher, course requirements, for such action would be outside its statutory authority. But here, the 

-1978- 
Hon. I-Iarvey II. ~~;cnncdy, D.C., page 3 (C-420) 

Board, in the exercise of its sound discretion, has determined 

that certain state associations fulfill the requirements of 

offering bona fide refresher courses to practicing chiropractors, and has determined that certain others do not meet those 

requirements. It is the opinion of this office that the Board 

has the duty and the power to make such determinations. See 

Kee vs. Babes, 157 Tex. 387, 303 S.W.2d 376 (1957); Texas State 

Board of Examiners in optometry vs. Carp, No. A-10258, not yet 

reported. 

SUMMARY 

The Texas Board of Chiropractic Examiners, 

in fulfilling its duty to regulate the profession, has the power and duty to designate 

the particular state associations whose educational offerings shall be acceptable in satisfying the refresher requirements of Section 

8b of Article 4512b, V.C.S. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Assistant 

MLQ:ms:cg 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Johns Fainter 

Bob Flowers 

Arthur Sandlin 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone -1979-