Elonorable Chet Brooks 

Chairman 

Opinion No. JM-650 

Eoalth and Human Resources Committee Re: Authority of the Board of 

Texas State Senate Chiropractic Examiners with 

P. 0. Box 12068 regard to administration of 

Austin, Texas 78711 its licensing examination 

Dear Senator Brooks: 

You request our opinion regarding the authority of the Texas 

Board of Chiropractic Examiners to adopt certain procedures with 

respect to Its licensing examination. Section 12 of article 4512b. 

V.T.C.S.. provides, in pertinent part: 

All examinations for license to practice 

chiropractic shall be conducted in writing in the 

English language and’ in such manner as to be 

entirely fair and impartial to all applicants. 

All applicants shall be known to the examiners 

only by numbers, without names or other method of 

identification on examination papers by which 

members of the Board may be able to identify such 

applicants, or examinees , until after the general 

averages of the examinees’ numbers in the class 

have been determined, and license granted or 

refused. Examinations shall be conducted on 

practical and theoretical chiropractic and in 

the subjects of anatomy-histology, chemistry, 

bacteriology. physiology, symptomatology. pathology and analysis of the human spine, and hygiene 

and public health. Upon satisfactory examination, 

conducted as aforesaid under the rules of the 

Board, which shall consist of an average grade of 

not less than seventy-five per cent (75%) with not 

less than sixty per cent (60%) in,any one subject, 

applicants shall be granted license to practice 

chiropractic. . . . (Emphasis added). 

The board at present conducts one examination designated “x-ray 

written” and another designated “x-ray interpretation.” The former 

includes written questions about x-ray technology. The latter, “x-ray 

interpretation.” consists of the applicant’s “reading” particular 

*-rays. The board requires a grade of at least 60% in each of these 

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Honorable Chet Brooks - Page 2 fJM-658) 

two categories, and then averages those grades together with grades in 

other subject areas. You ask whether the board may properly treat 

“x-ray written” and vx-ray interpretation” as two distinct subjects 

for purposes of the 60% grade requirement. 

Section 12 does not include “x-rays” among the subjects on which 

au applicant must be examined, 

therein is notexclusive. 

but it is clear that the list specified 

See also sec. 14b. Moreover, section 12 

includes the general subject “pathology and analysis of the human 

spine.” There is, In our opinion, uo impediment to the board’s 

conducting au examination on the subject of “x-ray.” Nor Is there an 

impediment to the examination consisting of two parts, one theoretical 

and one practical. 

The board may uot, however, consider the two parts as two 

separate subjects for purposes of section 12. The language of the 

statute requires a grade of at least 60% “in any one subject.” 

(Emphasis added.) Although any one subject can be broken down into 

numerous narrower subjects, we think that “subject” must be given a 

reasonable construction and that, as a result, “x-rays” constitutes 

“one subject” only. See sec. 14b. The board is not compelled to 

structure examinationsin any particular way: it may. for example, 

pose only “interpretation” questions thereon. What it may not do is 

to divide the one “subject” of “x-rays” into two parts for the purpose 

of requiring a 60% grade in each. 

SUMMARY 

The Texas Board of Chiropractic Examiners may 

not divide the one “subject” of “x-rays” into two 

parts for the purpose of requiring a 60% grade 

in each pursuant to section 12 of article 4512b. 

V.T.C.S. 

Attorney General of Texas 

JACK HIGRTOUXR 

First Assistant Attorney General 

MARY XXLLER 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Rick Gilpin 

Assistant Attorney General 

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