### THE ATTORNEY GENERAL OF TEXAS

March 20, 1990

Honorable BradWright Opinion No. JM-1148 Chairman Public Health Committee Re:Authority of the Board of House ofRepresentatives Chiropractic Examiners to condiP. 0. Box 2910 tion eligibility for licensure Austin, Texas 78769-2910 on graduation from a college accredited by aparticular private organization (RQ-1811)

DearRepresentative Wright:

You ask about thevalidity ofarule adopted by the Board of Chiropractic Examiners that defines the term "bona fide reputable chiropractic school."
The regulatory statute governing chiropractors is article 451233,V.T.C.S. That act requires that applicants for licensure by examination be graduates of "bona fide reputable chiropractic schools (whose.entrance requirements and course of instruction are ashigh as those of thebetter .classof chiropractic schools in the United States)."1 V.T.C.S. art. 451233,§ 10(a). Theboard has adopted the following rule regarding chiropractic schools:

(a)The board shall annually review and approve those chiropractic schools whose graduates are eligible for examination and licensure under theprovisions ofTexas Civil Statutes Article 4512b, 5 10.
(b)A bona fide reputable, chiropractic school as that term is used in the Chiropractic Act, 0 10, isa school which

1. After October 1, 1990, applicants for licensure by examination will include final semester students, aswell as graduates, of bona fide reputable chiropractic schools. Acts 1989, 71st beg., ch. 363, 55,at 1450 (effective Oct. F- 1, 1990).

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either holds credited by Education.

22T.A.C. S 71.5.

You askwhether candidate status or is acthe Council on Chiropractic

theboard has authority to limit the term "bona fide reputable chiropractic school" to schools accredited by the Council on Chiropractic Education and thereby to exclude schools accredited b Chiropractic Academic Standards Association.3 the Straight

The board‘s refusal to recognize schools of l@straightt' chiropractic asbona fide reputable schools of chiropractic has generated controversy inthepast. In 1984, the Austin Court ofAppeals considered whether theboard had denied due process of law inthemanner inwhich itdetermined that an applicant, who had graduated froma school of "straight" chiropractic, had not graduated from abona fide, reputable school of chiropractic. Wadden Examiners, 663 S.W.2d 622 (Tex. APP. - Austin 1984, writ ref'd n.r.e.). The controversy arose when the board responded to Madden's request for an application by informing Madden that he was ineligible for licensure because hehad not attended abona,fide, reputable school of chiropractic. The board's rule at the time of Madden's request provided:

All applicants for licensure -who have matriculated inachiropractic college after October 1, 1975 must present evidence of having graduated fromachiropractic college having status [sic] with the accrediting commission of the Council on Chiropractic Education or the equivalent thereof.

See id. at 624. Litigation ensued and eventually led to a hearing inwhich theboard issued the following order:

1. A chiropractic college must either show accreditation by an accrediting body viewed

2. For an explanation of the distinction between t'straight't

chiropractic and "mixer" chiropractic, seeMadden v. e. T s, 663 S.W.2d 622 (Tex. APP. -Austin 1984,writ ref8d z.r.e.1.

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as reliable by the Board or show a valid reason why such accreditation cannot be obtained and otherwise give proof of reputable status inorder tobe abona fide and reputable school for the purposes of Section 10,Article 451213,V.A.C.S.
2. Sherman College of Straight Chiropractic located in Spartanburg, South Carolina, is not abona fide reputable school as that term is used in Section 10, Article 4512b, V.A.C.S., and defined by the Board, and therefore, it isORDERED that DavidMadden a Sherman College graduate, isnot eligible to sit for the stateboard examination.
Seeaid. at 624-25. After that hearing, Madden continued lltlgation against the board, been denied due process. claiming that hehad again The Austin Court of Appeals agreed, stating that although theboard was free to announce a new definition of‘ "bona fide reputable school of chiropractic" in an adjudicative hearing, Madden was entitled to know before a hearing the standards that would = C control his case. Id. at 626. Mr. Madden's case was

remanded to the board .forfinal resolution not inconsistent with the court's opinion. & at 627.

In themeantime, the Board ofChiropractic Examiners promulgated its current rule, which defines bona fide, reputable chiropractic school as a schools that holds candidate status or is Chiropractic Education. accredited by the Council on Tex.Bd. of Chiropractic Examiners, 9Tex. Reg. 5199 (1984) (codified at 22 T.A.C. 5 71.5). Apparently none of the issues raised inthe litigation with Mr. Madden persuaded the board that schools of straight chiropractic were bona fide, reputable schools of chiropractic forpurposes ofarticle 4512b, V.T.C.S.

P. Youhave raised the issuebecause theUnited States

Department of Education has determined the Chiropractic Straight

Academic Standards Association to be nationally recognized accrediting association for purpose: of section 1141(a) of title 20of theUnited States Code. "Accreditation of postsecondary institutions postsecondary programs by agencies recognized by t:: Secretary [ofEducation] isa prerequisite to eligibility formany types of Federal financial assistance for those institutions orprograms and forthe students enrolled in those institutions or programs." 34 C.F.R. 0 602.1(b) (1988); see senerally 34C.F.R. Parts 602, 603 (Secretary's

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Procedures and Agencies). Criteria for Recognition of Accrediting

The legislature has delegated to the Board of Chiropractic Examiners the responsibility for determining what constitutes a bona fide, reputable school of chiropractic. Because we cannot make fact findings in the opinions process, we cannot assess whether theboard's rule defining bona fide, reputable school of chiropractic is too broad or too narrow. The fact that the United States Department ofEducation has found the Straight Chiropractic Academic Standards Association tobe anationally recognized accrediting association for certain federal iaw purposes does not by itself require the Board of Chiropractic Examiners to recognize schools accredited by the Straight Chiropractic Academic Standards Association as abona fide, reputable school of chiropractic forpurposes of Texas law.

SUMMARY
The fact alone that the United States Department of Education has found the e Straight Chiropractic Academic Standards Association to be a nationally recognized accrediting association forcertain federal lawpurposes does not require the Board of Chiropractic Examiners to recognize schools accredited by the Straight Chiropractic Academic Standards Association as a bona fide, reputable school of chiropractic for purposes ofTexas law.

JIM MATTOX Attorney General of Texas

MARYEELLER First Assistant Attorney General

JUDGE ZOLLIE STEAELEY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN

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Chairman, Opinion Committee Prepared by Sarah Woelk Assistant Attorney General

C

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