reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.017. Enforcement of Interstate Compact

Sec. 171.017.  ENFORCEMENT OF INTERSTATE COMPACT.  (a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b)  The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
(c)  The remedies herein shall not be the exclusive remedies of the interstate commission.  The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.018. Default Procedures

Sec. 171.018.  DEFAULT PROCEDURES.  (a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.
(b)  If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall provide:
(1)  written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission and in which the interstate commission specifies the conditions by which the defaulting state must cure its default; and
(2)  remedial training and specific technical assistance regarding the default.
(c)  If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d)  Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(e)  The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(f)  The member state that has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination, including obligations, the performance of which extends beyond the effective date of termination.
(g)  The interstate commission shall not bear any costs relating to any state has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(h)  The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.019. Dispute Resolution

Sec. 171.019.  DISPUTE RESOLUTION.  (a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and that may arise among member states or member boards.
(b)  The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.020. Member States, Effective Date and Amendment

Sec. 171.020.  MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.  (a) Any state is eligible to become a member state of the compact.
(b)  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states.  Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(c)  The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states.
(d)  The interstate commission may propose amendments to the compact for enactment by the member states.  No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.021. Withdrawal

Sec. 171.021.  WITHDRAWAL.  (a) Once effective, the compact shall continue in force and remain binding upon each and every member state.  A member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.
(b)  Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c)  The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d)  The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under Subsection (c).
(e)  The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(f)  Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(g)  The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.022. Dissolution

Sec. 171.022.  DISSOLUTION.  (a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.
(b)  Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.023. Severability and Construction

Sec. 171.023.  SEVERABILITY AND CONSTRUCTION.  (a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable.
(b)  The provisions of the compact shall be liberally construed to effectuate its purposes.
(c)  Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 171 - Interstate Medical Licensure Compact › Section 171.024. Binding Effect of Compact and Other Laws

Sec. 171.024.  BINDING EFFECT OF COMPACT AND OTHER LAWS.  (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b)  All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c)  All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d)  All agreements between the interstate commission and the member states are binding in accordance with their terms.
(e)  In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Added by Acts 2021, 87th Leg., R.S., Ch. 322 (H.B. 1616), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter A. General Provisions › Section 201.001. Definitions

Sec. 201.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Board of Chiropractic Examiners.
(2)  "Chiropractor" means a person licensed to practice chiropractic by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter A. General Provisions › Section 201.002. Practice of Chiropractic

Sec. 201.002.  PRACTICE OF CHIROPRACTIC.  (a)  In this section:
(1)  "Controlled substance" has the meaning assigned to that term by Section 481.002, Health and Safety Code.
(2)  "Dangerous drug" has the meaning assigned to that term by Section 483.001, Health and Safety Code.
(3)  "Incisive or surgical procedure" includes making an incision into any tissue, cavity, or organ by any person or implement.  The term does not include the use of a needle for the purpose of drawing blood for diagnostic testing.
(4)  "Surgical procedure" includes a procedure described in the surgery section of the common procedure coding system as adopted by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.
(b)  A person practices chiropractic under this chapter if the person:
(1)  uses objective or subjective means to diagnose, analyze, examine, or evaluate the biomechanical condition of the spine and musculoskeletal system of the human body;
(2)  performs nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system;
(3)  represents to the public that the person is a chiropractor; or
(4)  uses the term "chiropractor," "chiropractic," "doctor of chiropractic," "D.C.," or any derivative of those terms or initials in connection with the person's name.
(c)  The practice of chiropractic does not include:
(1)  incisive or surgical procedures;
(2)  the prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription;  or
(3)  the use of x-ray therapy or therapy that exposes the body to radioactive materials.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter A. General Provisions › Section 201.003. Applications and Exemptions

Sec. 201.003.  APPLICATIONS AND EXEMPTIONS.  (a)  This chapter does not apply to a registered nurse licensed under Chapter 301, a vocational nurse licensed under Chapter 301, a person who provides spinal screening services as authorized by Chapter 37, Health and Safety Code, a physical therapist licensed under Chapter 453, or a massage therapist or a massage therapy instructor qualified and registered under Chapter 455 if:
(1)  the person does not represent to the public that the person is a chiropractor or use the term "chiropractor," "chiropractic," "doctor of chiropractic," "D.C.," or any derivative of those terms or initials in connection with the person's name or practice;  and
(2)  the person practices strictly within the scope of the license or registration held in compliance with all laws relating to the license and registration.
(b)  This chapter does not limit or affect the rights and powers of a physician licensed in this state to practice medicine.
(c)  This section does not affect or prevent a student enrolled in a college of chiropractic in this state from engaging in all phases of clinical practice if the practice is:
(1)  part of the curriculum;  and
(2)  conducted under the supervision of a licensed chiropractor or a licensed physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.014, eff. Feb. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter A. General Provisions › Section 201.004. Application of Sunset Act

Sec. 201.004.  APPLICATION OF SUNSET ACT.  The Texas Board of Chiropractic Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 2, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.03, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.051. Board; Membership

Sec. 201.051.  BOARD;  MEMBERSHIP.  (a)  The Texas Board of Chiropractic Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  six chiropractors who are reputable practicing chiropractors and who have resided in this state for at least five years preceding appointment;  and
(2)  three members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.052. Membership Eligibility

Sec. 201.052.  MEMBERSHIP ELIGIBILITY.  (a)  A person is not eligible to serve as a member of the board if the person:
(1)  is a member of the faculty or board of trustees of a chiropractic school or a doctor of chiropractic degree program;
(2)  is a stockholder in a chiropractic school or college; or
(3)  has a financial interest in a chiropractic school or college.
(b)  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 802 (S.B. 776), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.053. Membership and Employee Restrictions

Sec. 201.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 1020, Sec. 36, eff. September 1, 2005.
(d)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 36, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.054. Terms; Vacancy

Sec. 201.054.  TERMS;  VACANCY.  (a)  Members of the board are appointed for staggered six-year terms.  The terms of one-third of the members expire on February 1 of each odd-numbered year.
(b)  A person may not be appointed to serve more than two terms.
(c)  If a vacancy occurs because of the death or resignation of a board member, the governor shall appoint a replacement to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.055. Officers

Sec. 201.055.  OFFICERS.  (a)  The governor shall designate a chiropractic member of the board as the board's president.  The president serves in that capacity at the will of the governor.
(b)  The board shall elect one of its members as vice president and one of its members as secretary-treasurer at the first board meeting after the biennial appointment of board members.
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(31).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(31), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.056. Grounds for Removal

Sec. 201.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 201.051 and 201.052(b);
(2)  does not maintain during service on the board the qualifications required by Sections 201.051 and 201.052(b);
(3)  is ineligible for membership under Section 201.052 or 201.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the president of the board of the potential ground.  The president shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the president, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.057. Per Diem; Reimbursement

Sec. 201.057.  PER DIEM;  REIMBURSEMENT.  (a)  A board member is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the business of the board.
(b)  A member may not receive reimbursement for travel expenses, including expenses for meals and lodging, other than transportation expenses as provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.058. Meetings

Sec. 201.058.  MEETINGS.  (a)  The board shall hold regular meetings to examine applicants and transact business at least twice each year at the times and places determined by the board.
(b)  A special meeting may be held at the call of three board members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.060. Board Seal

Sec. 201.060.  BOARD SEAL.  The seal of the board consists of a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," around the margin.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter B. Texas Board of Chiropractic Examiners › Section 201.061. Training

Sec. 201.061.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  this chapter;
(2)  the board's programs, functions, rules, and budget;
(3)  the scope of and limitations on the board's rulemaking authority;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; and
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter C. Board Personnel › Section 201.101. Division of Responsibilities

Sec. 201.101.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter C. Board Personnel › Section 201.102. Qualifications and Standards of Conduct Information

Sec. 201.102.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide as often as necessary to its members and employees information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter C. Board Personnel › Section 201.103. Career Ladder Program; Performance Evaluations

Sec. 201.103.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for board employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter C. Board Personnel › Section 201.104. Equal Employment Opportunity; Report

Sec. 201.104.  EQUAL EMPLOYMENT OPPORTUNITY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel, that are in compliance with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of the significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must be:
(1)  prepared to cover an annual period;
(2)  updated annually;
(3)  reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as part of other biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.151. General Powers and Duties

Sec. 201.151.  GENERAL POWERS AND DUTIES.  The board shall administer the purposes of and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.152. Rules

Sec. 201.152.  RULES.  (a)  The board may adopt rules and bylaws:
(1)  necessary to:
(A)  perform the board's duties;  and
(B)  regulate the practice of chiropractic;  and
(2)  relating to the board's proceedings and the board's examination of an applicant for a license to practice chiropractic.
(b)  The board shall adopt rules for the enforcement of this chapter.  The board shall issue all rules based on a vote of a majority of the board at a regular or special meeting.  The issuance of a disciplinary action or disciplinary order of the board is not limited by this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.1525. Rules Clarifying Scope of Practice of Chiropractic

Sec. 201.1525.  RULES CLARIFYING SCOPE OF PRACTICE OF CHIROPRACTIC.  The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that scope.  The rules:
(1)  must clearly specify the procedures that chiropractors may perform;
(2)  must clearly specify any equipment and the use of that equipment that is prohibited; and
(3)  may require a license holder to obtain additional training or certification to perform certain procedures or use certain equipment.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.1526. Development of Proposed Rules Regarding Scope of Practice of Chiropractic

Sec. 201.1526.  DEVELOPMENT OF PROPOSED RULES REGARDING SCOPE OF PRACTICE OF CHIROPRACTIC.  (a)  This section applies to the process by which the board develops proposed rules under Section 201.1525 before the proposed rules are published in the Texas Register and before the board complies with the rulemaking requirements of Chapter 2001, Government Code.  This section does not affect the duty of the board to comply with the rulemaking requirements of that law.
(b)  The board shall establish methods under which the board, to the extent appropriate, will seek input early in the rule development process from the public and from persons who will be most affected by a proposed rule.  Methods must include identifying persons who will be most affected and soliciting, at a minimum, the advice and opinions of those persons.  Methods may include negotiated rulemaking, informal conferences, advisory committees, and any other appropriate method.
(c)  A rule adopted by the board under Section 201.1525 may not be challenged on the grounds that the board did not comply with this section.  If the board was unable to solicit a significant amount of advice and opinion from the public or from affected persons early in the rule development process, the board shall state in writing the reasons why the board was unable to do so.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.153. Fees

Sec. 201.153.  FEES.  (a)  The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 448 , Sec. 31(l)(2), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 448 , Sec. 31(l)(2), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 899, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(l)(2), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.154. Certification for Manipulation Under Anesthesia Prohibited

Sec. 201.154.  CERTIFICATION FOR MANIPULATION UNDER ANESTHESIA PROHIBITED.  Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.155. Rules Restricting Advertising or Competitive Bidding

Sec. 201.155.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person.
(b)  The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the use of a trade name in advertising by the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.1555. Fraud

Sec. 201.1555.  FRAUD.  (a)  The board shall strictly and vigorously enforce the provisions of this chapter prohibiting fraud.
(b)  The board shall adopt rules to prevent fraud in the practice of chiropractic, including rules relating to:
(1)  the filing of workers' compensation and insurance claims; and
(2)  records required to be maintained in connection with the practice of chiropractic.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 9, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.156. Board Duties Regarding Complaints

Sec. 201.156.  BOARD DUTIES REGARDING COMPLAINTS.  (a)  The board by rule shall:
(1)  adopt a form to standardize information concerning complaints made to the board;  and
(2)  prescribe information to be provided to a person when the person files a complaint with the board.
(b)  The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.
(c)  The board by rule shall adopt procedures concerning:
(1)  the retention of information files on license holders;  and
(2)  the expunction of files on license holders, including complaints, adverse reports, and other investigative information on license holders.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.157. Immunity

Sec. 201.157.  IMMUNITY.  In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a consultant or hearing officer is not liable in a civil action for any alleged injury, wrong, loss, or damage for any investigation, report, recommendation, statement, evaluation, finding, order, or award made in the course of performing the person's official duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.158. Board Committees

Sec. 201.158.  BOARD COMMITTEES.  (a)  The board may appoint committees from its own members.
(b)  A committee appointed from the members of the board shall:
(1)  consider matters referred to the committee relating to the enforcement of this chapter and the rules adopted by the board;  and
(2)  make recommendations to the board.
(c)  The board may delegate to a committee of the board an authority granted to the board under Section 201.505(c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.159. Records

Sec. 201.159.  RECORDS.  (a)  The board shall preserve a record of its proceedings in a register that contains:
(1)  the name, age, place, and duration of residence of each applicant for a license;
(2)  the amount of time spent by the applicant in the study of chiropractic in respective doctor of chiropractic degree programs; and
(3)  other information the board desires to record.
(b)  The register shall show whether an applicant was rejected or licensed.
(c)  The information recorded in the register is prima facie evidence of the matters contained in the register.  A certified copy of the register with the seal of the board is admissible as evidence in any court of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.051(a), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 802 (S.B. 776), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.160. Payment of Other Expenses

Sec. 201.160.  PAYMENT OF OTHER EXPENSES.  The board shall pay the necessary expenses of an employee of the board incurred in the performance of the employee's duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 24, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.161. Appropriation From State Treasury Prohibited

Sec. 201.161.  APPROPRIATION FROM STATE TREASURY PROHIBITED.  The legislature may not appropriate money, other than fees, from the state treasury for an expenditure made necessary by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.163. Policy on Technological Solutions

Sec. 201.163.  POLICY ON TECHNOLOGICAL SOLUTIONS.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter D. Board Powers and Duties › Section 201.164. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 201.164.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter E. Public Interest Information and Complaint Procedures › Section 201.201. Public Interest Information

Sec. 201.201.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.
(b)  The board shall make the information available to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter E. Public Interest Information and Complaint Procedures › Section 201.202. Public Participation

Sec. 201.202.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter E. Public Interest Information and Complaint Procedures › Section 201.203. Complaints

Sec. 201.203.  COMPLAINTS.  (a)  The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated by the board;  or
(2)  on a sign prominently displayed in the place of business of each person regulated by the board.
(b)  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.