## NEY GENERAL ~FTExAS

Hon. Harvey Ii.

Kennedy, D.C., President Texas Board of Chiropractic Examiners Sam Houston Building Austin, Texas OpinionNo. C-420

Dear Mr. Kennedy: Be: Whether the Board of Chiropractic Examinershas 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-statedquestion,based upon the requirements of the Texas ChiropracticAct, Article 4512b, Vernon's Civil Statutes.

The particular section of the Texas ChiropracticAct that is involved in your question is Section 8b ofArticle 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 renewalmay be issued, the licensee shall present to the Board (a) satisfactory evidence that in theyear preceding the application for renewal said licensee attended two (2)daysof seminar, educational lectures,post-graduate course, or annual convention of any StateAssociation 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 unavoidablypreventedby sickness or otherwiseattending such educational or postgraduate program, togetherwith a recommendation of two (2)reputable licensed Texas Chiropractorswho personallyknow the licensee and vouch forhis 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 Examinershas passed a motion as follows: "The Texas State ChiropracticAssociationbe named as the official State ChiropracticAssociation and that the Texas State ChiropracticAssociation Convention, Texas ChiropracticCollege HomecomingConvention and Texas ChiropracticCollege Fall Seminar be the Texas refresher courses recognizedby 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, ScienceClubs and other small organizationsare not acceptable for license renewal."
It is clear that the refresher requirements established by the motion are no stricter than the requirementsmade in the~statute. The primary differencebetween the motion and **the** statute is that the motion particularlynames the various professionalmeetings thatwill be recognized as fulfilling the refresher requirements of the statute.

Section 4a of the Texas ChiropracticAct empowers the Board "tomake such rules and regulationsnot 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 thisAct." 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 contemplatedby the statute. The Board could not reach out and create new refresher, course requirements, for such actionwould be outside its statutoryauthority. 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 offeringbona 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 optometryvs. 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 associationswhose educational offerings shall be acceptable in satisfying the refresher requirements of Section 8b ofArticle 4512b, V.C.S.
Yours very truly, WAGGONER CARR Attorney General

Assistant

MLQ:ms:cg APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Pat Bailey JohnsFainter Bob Flowers Arthur Sandlin
APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -1979-