Elonorable Chet Brooks Chairman Opinion No. JM-650 Eoalth andHumanResources 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 maybe 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 humanspine, andhygiene and public health. Uponsatisfactory 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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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” amongthe 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 twoparts, 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 maynot 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 JACKHIGRTOUXR First Assistant Attorney General MARY XXLLER Executive Assistant Attorney General RICKGILPIN Chairman, Opinion Committee Prepared by Rick Gilpin Assistant Attorney General

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