THE ATTORNEY GENERAL 

OF TEXAS 

February 14, 1989 

Mr. Clay Salyer Opinion NO. JM-1017 

President 

Texas Board of Chiro- Re: Authority of the Texas Board 

practic Examiners of Chiropractic Examiners to esta8317 Mopac Expressway blish by rule a minimum amount of 

Austin, Texas 78759 prior practice of chiropractic for 

purposes of satisfying the reciprocity licensing requirement 

(RQ-1623) 

Dear Mr. Salyer: 

You ask: 

Does the Texas Board of Chiropractic Examiners have the authority to establish by rule 

a reasonable minimum amount of time of practicing chiropractic within another state as a 

prerequisite for admission to practice in 

this State through reciprocity? 

Article 4512b, V.T.C.S., provides for the licensure of 

persons to practice chiropractic in Texas. Sections 4 and 

4a of that act confer rule-making authority on the Board of 

Chiropractic Examiners as follows in pertinent part: 

The Board may prescribe rules, regulations 

and bylaws in harmony withthe provisions of 

this Act for its own proceedings and government for the examination of applicants for 

license to practice chiropractic. 

V.T.C.S. art. 4512b, § 4(a). 

The Texas Board of Chiropractic Examiners 

shall have the power to appoint committees 

from its own membership, and 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. 

p. 5250 
Mr. Clay Salyer - Page 2 (JM-1017) 

V.T.C.S. art. 4512b, 5 4a. 

Section 9 provides for the licensing of persons by the 

board who have already been licensed to practice in other 

states or territories: 

The Texas Board of Chiropractic Examiners 

shall upon payment by an applicant of a fee 

grant license to practice chiropractic to 

licentiates of other states or territories 

having requirements and practices equal to 

those established by the laws of this State. 

Applications for license under the provisions 

of this Section shall be in writing, and upon 

a form to be prescribed by the Texas Board of 

Chiropractic Examiners. Said application 

shall be accompanied by a license, or a certified copy of license to practice chiropractic, lawfully issued to the applicant, upon 

examination, by some other state or territory 

of the United States. Said application shall 

also be accompanied by an affidavit made by 

the president or secretary of the Board of 

Chiropractic Examiners which issued the said 

license, or by a legally constituted chiropractic registration officer of the state or 

territory by which the license was granted, 

and on which the application for chiropractic 

registration in Texas is based, reciting 

that the accompanying license has not been 

cancelled or revoked, and that the statement 

or qualifications made in the application for 

chiropractic license in Texas is true and 

correct. Applicants for license under the 

provisions of this Section shall subscribe 

to an oath in writing before an officer 

authorized by law to administer oaths, which 

shall be a.part of said application, stating 

that the license under which the avvlicant 

practiced chironractic in the State OZ 

ferritorv from which the anwlzant r moved 

was at the time of such removal iZ fuii 

force, and not suspended or cancelled. Said 

application shall also state that the applicant is the identical person to whom the said 

certificate was issued, and that no proceeding has been instituted against the 

applicant for the cancellation of said 

certificate to practice chiropractic in the 

State or territory by which the same was 

issued: and that no prosecution is pending 

p. 5251 
Mr. Clay Salyer - Page 3 (JM-1017) 

against the applicant in any State or Federal 

Court for any offense which, under the law of 

Texas is a felony. (Emphasis added.) 

V.T.C.S. art. 4512b, § 9. 

You suggest in your request letter that: 

The language 'under which the applicant 

practiced,' however, seems to indicate that 

the legislature intended that an applicant 

for reciprocal license should have practiced 

chiropractic in the applicant's former state 

of residence and/or licensure before a 

reciprocal license is granted by this Board. 

As an administrative agency of the state, the Board 

of Chiropractic Examiners "has only such powers as are expressly conferred by statute together with those necessarily 

implied from powers and duties expressly given or imposed." 

2 Tex. Jur. 3d AdmInistrative Lay, 5 2 (citing, $nter alla, 

State v. Jackson, 376 S.W.2d 341 (Tex. 1964) and Railro 

s m*n v. 0 w 

C;v. App. 

th and D.C. Rv. Co, 161 S.W.2d 560 (Te? 

- Austin 1942, writ ref'd w:o.m.)). Agency rules 

"may not impose additional burdens, conditions, or restrictions in excess of or inconsistent with the statutory provisi.ons.n pellv v. Ind trial Accid nt Bdr 358 S.W.2d 874 

(Tex. Civ. App. - Austy: 1962, writeref8d): S e also e.cr., 

Attorney General Opinions JW-650 (1987); G-668 (1987); 

FBI-573 (1982). 

We do not construe the language to which you refer in 

section 9, article 451213, V.T.C.S., as authorizing the board 

to establish a requirement that applicants for licensure 

under section 9 have practiced for any length of time. Nor 

do we find any other provision of state law conferring such 

authority on the board. We think that the applicable provisions contemplate that a person licensed in another state or 

territory "having requirements and practices equal to those 

established by the laws of this state" is entitled to licensure in Texas upon payment of a fee and compliance with the 

procedural provisions under section 9 for the filing of the 

copy of the license, the application and accompanying affidavit and oath. We concede that the language "license under 

which the applicant practiced chiropractic in the state or 

territory," standing alone, might suggest a requirement of 

prior practice. But we think that this language read in 

context means, in effect, "license under which the applicant 

was entitled to practice chiropractic in the state or territory." 

p. 5252 
Mr. Clay Salyer - Page 4 (JM-1017) 

Accordingly, we conclude that the Texas Board of 

Chiropractic Examiners is not authorized to establish by 

rule a minimum amount of time of practicing chiropractic in 

another state or territory as a prerequisite for admission 

to practice in this state under the reciprocity provisions 

of section 9, article 4512b, V.T.C.S. 

SUMMARY 

The Texas Board of Chiropractic Examiners 

is not authorized to establish by rule a 

minimum amount of time of practicing 

chiropractic in another state or territory as 

a prerequisite for admission to practice in 

this state under the reciprocity provisions 

of section 9, article 451213, V.T.C.S. 

JIM MATTOX 

Attorney General of Texas 

WARYKELLER 

First Assistant Attorney General 

mu MCCREARY 

Executive Assistant Attorney General 

JUDGE EOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by William Walker 

Assistant Attorney General 

p. 5253