### THE ATTORNEY GENERAL OF TEXAS February 14, 1989

Mr. Clay Salyer OpinionNO. JM-1017 President Texas Board of Chiro- Re: Authority of the Texas Board practic Examiners of ChiropracticExaminers to esta8317Mopac Expressway blish by rule a minimum amount of Austin, Texas 78759 prior practice of chiropractic for purposes of satisfying the reciprocity licensingrequirement (RQ-1623)
DearMr. Salyer:
You ask:
Does the Texas Board of ChiropracticExaminershave the authority to establishby rule a reasonableminimum amount of time of practicing chiropracticwithin 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-makingauthority on the Board of ChiropracticExaminers as follows inpertinent part:

The Board may prescribe rules, regulations and bylaws inharmonywiththe 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 shallhave the power to appoint committees from its ownmembership, 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.

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V.T.C.S. art. 4512b, 5 4a. Section 9 provides for the licensing of persons by the board who have alreadybeen licensed to practice in other states or territories:

The Texas Board of Chiropractic Examiners shall upon paymentby an applicant of a fee grant license to practice chiropractic to licentiates of other states or territories having requirements and practices equal to those establishedby the laws of this State. Applications for licenseunder the provisions of this Section shallbe inwriting, and upon a form to be prescribedby the Texas Board of Chiropractic Examiners. Said application shallbe accompaniedby 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 theUnited States. Said application shall also be accompaniedby an affidavitmade by the president or secretary of the Board of ChiropracticExaminerswhich issued the said license, or by a legally constituted chiropractic registrationofficer of the state or territory **by** which the licensewas 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 qualificationsmade 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 authorizedby law to administer oaths, which shallbe a.part of said application, stating that the licenseunder which the avvlicant practiced chironractic in the State OZ ferritorv fromwhich 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 identicalperson to whom the said certificatewas 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

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against the applicant in any State or Federal Court for any offensewhich, under the law of Texas is a felony. (Emphasisadded.)
V.T.C.S. art. 4512b, § 9.
You suggest inyour request letter that:
The language 'underwhich the applicant practiced,'however, seems to indicate that the legislature intended that an applicant for reciprocal license shouldhave practiced chiropractic in the applicant's former state of residence and/or licensure before a reciprocal license is grantedby this Board.
As an administrativeagency of the state, the Board of ChiropracticExaminers "has only suchpowers as are expressly conferredby statute togetherwith those necessarily implied frompowers and duties expresslygiven or imposed." 2 Tex. Jur. 3dAdmInistrative 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'dw:o.m.)). Agency rules "maynot impose additionalburdens, conditions, or restrictions in excess of or inconsistentwith the statutoryprovisi.ons.npellv v. Ind trialAccid 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 applicableprovisions contemplate that a person licensed in another state or territory "havingrequirementsand practices equal to those establishedby the laws of this state" is entitled to licensure in Texas upon payment of a fee and compliancewith the proceduralprovisionsunder section 9 for the filing of the copy of the license, the applicationand accompanying affidavit and oath. We concede that the language "licenseunder which the applicantpracticed chiropractic in the state or territory," standing alone,might suggest a requirement of prior practice. But we think that this language read in contextmeans, in effect, "licenseunder which the applicant was entitled to practice chiropractic in the state or territory."

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Accordingly, we conclude that the Texas Board of ChiropracticExaminers is not authorized to establish by rule aminimum 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 stateunder the reciprocity provisions of section 9, article 451213, V.T.C.S.

JIM MATTOX Attorney General of Texas
WARYKELLER FirstAssistant Attorney General

mu MCCREARY ExecutiveAssistantAttorney General
JUDGE EOLLIE STEAKLEY SpecialAssistant Attorney General
RICK GILPIN Chairman, Opinion Committee Preparedby William Walker AssistantAttorney General

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