reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.501. Disciplinary Powers of Board

Sec. 201.501.  DISCIPLINARY POWERS OF BOARD.  (a)  On a determination that a person has violated this chapter or a rule adopted by the board under this chapter, the board:
(1)  shall revoke or suspend the person's license, place on probation a person whose license has been suspended, or reprimand a license holder;  or
(2)  may impose an administrative penalty.
(b)  If a license suspension is probated, the board may require the license holder to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
(c)  In addition to other disciplinary actions authorized by this chapter, the board may require a license holder who violates this chapter to participate in a continuing education program.  The board shall specify the continuing education programs that the license holder may attend and the number of hours that the license holder must complete.
(d)  Disciplinary proceedings of the board are governed by Chapter 2001, Government Code.
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 K. Disciplinary Procedures › Section 201.5025. Prohibited Practices by Chiropractor or License Applicant

Sec. 201.5025.  PROHIBITED PRACTICES BY CHIROPRACTOR OR LICENSE APPLICANT.  (a)  A chiropractor or an applicant for a license to practice chiropractic commits a prohibited practice if that person:
(1)  submits to the board a false or misleading statement, document, or certificate in an application for a license;
(2)  commits fraud or deception in taking or passing an examination;
(3)  commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public, as provided by Section 201.5026, or injure the public;
(4)  engages in conduct that subverts or attempts to subvert an examination process required by this chapter for a chiropractic license;
(5)  directly or indirectly employs a person whose license to practice chiropractic has been suspended, canceled, or revoked;
(6)  associates in the practice of chiropractic with a person:
(A)  whose license to practice chiropractic has been suspended, canceled, or revoked; or
(B)  who has been convicted of the unlawful practice of chiropractic in this state or elsewhere; or
(7)  directly or indirectly aids or abets the practice of chiropractic by a person that is not licensed to practice chiropractic by the board.
(b)  For purposes of Subsection (a)(4), conduct that subverts or attempts to subvert the chiropractic licensing examination process includes, as prescribed by board rule, conduct that violates:
(1)  the security of the examination materials;
(2)  the standard of test administration; or
(3)  the accreditation process.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 29, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.5026. Unprofessional or Dishonorable Conduct

Sec. 201.5026.  UNPROFESSIONAL OR DISHONORABLE CONDUCT.  (a)  For purposes of Section 201.5025(a)(3), unprofessional or dishonorable conduct that is likely to deceive or defraud the public includes conduct in which a chiropractor:
(1)  commits an act that violates any state or federal law if the act is connected with the chiropractor's practice of chiropractic;
(2)  prescribes or administers a treatment that is nontherapeutic in nature or nontherapeutic in the manner the treatment is prescribed or administered;
(3)  violates Section 311.0025, Health and Safety Code;
(4)  fails to supervise adequately the activities of those acting under the supervision of the chiropractor; or
(5)  delegates professional chiropractic responsibility or acts to a person if the delegating chiropractor knows or has reason to know that the person is not qualified by training, experience, or licensure to perform the responsibility or acts.
(b)  A complaint, indictment, or conviction of a violation is not necessary for the enforcement of Subsection (a)(1).  Proof of the commission of the act while in the practice of chiropractic or under the guise of the practice of chiropractic is sufficient for the board's action.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 29, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.503. Schedule of Sanctions

Sec. 201.503.  SCHEDULE OF SANCTIONS.  (a)  The board by rule shall adopt a schedule of the maximum amount of sanctions that may be assessed against a license holder for each category of violation of this chapter.  In establishing the schedule of sanctions or in imposing the amount of an administrative penalty under this chapter, the board shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, or gravity of any prohibited acts and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
(b)  The State Office of Administrative Hearings shall use the schedule of sanctions for any sanction imposed as the result of a hearing conducted by that office.
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 K. Disciplinary Procedures › Section 201.504. Informal Proceedings; Refunds

Sec. 201.504.  INFORMAL PROCEEDINGS; REFUNDS.  (a)  The board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code;  and
(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under Subsection (a) must:
(1)  provide the complainant and the license holder an opportunity to be heard;  and
(2)  require the presence of a representative of the attorney general or the board's legal counsel to advise the board or the board's employees.
(c)  Subject to Subsection (d), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(d)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The board may not require payment of other damages or estimate harm in a refund order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 30, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 31, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.505. Hearings

Sec. 201.505.  HEARINGS.  (a)  A person is entitled to a hearing before the board if the board proposes to:
(1)  refuse the person's application for a license;
(2)  suspend or revoke the person's license;  or
(3)  place on probation or reprimand the person.
(b)  The board is not bound by strict rules of evidence or procedure in conducting its proceedings and hearings, but the board must base its determination on sufficient legal evidence.
(c)  The board may:
(1)  issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, and other documents;
(2)  administer oaths;  and
(3)  take testimony concerning all matters within its jurisdiction.
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 K. Disciplinary Procedures › Section 201.506. Enforcement Committee

Sec. 201.506.  ENFORCEMENT COMMITTEE.  (a)  The board shall appoint an enforcement committee to:
(1)  oversee and conduct the investigation of complaints filed with the board under this chapter;  and
(2)  perform other enforcement duties as directed by the board.
(b)  The enforcement committee consists of three board members.  Two members must be chiropractors, and one member must be a representative of the public.
(c)  The attorney general shall provide legal counsel to the enforcement committee concerning enforcement matters, including the investigation and disposition of complaints.
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 K. Disciplinary Procedures › Section 201.5065. Required Suspension or Revocation of License for Certain Offenses

Sec. 201.5065.  REQUIRED SUSPENSION OR REVOCATION OF LICENSE FOR CERTAIN OFFENSES.  (a)  The board shall suspend a chiropractor's license on proof that the chiropractor has been:
(1)  initially convicted of:
(A)  a felony;
(B)  a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
(C)  a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(D)  a misdemeanor under Section 25.07, Penal Code; or
(E)  a misdemeanor under Section 25.071, Penal Code; or
(2)  subject to an initial finding by the trier of fact of guilt of a felony under:
(A)  Chapter 481 or 483, Health and Safety Code;
(B)  Section 485.033, Health and Safety Code; or
(C)  the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b)  On final conviction for an offense described by Subsection (a), the board shall revoke the chiropractor's license.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 32, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.507. Temporary License Suspension

Sec. 201.507.  TEMPORARY LICENSE SUSPENSION.  (a)  The enforcement committee may temporarily suspend the license of a license holder on an emergency basis if the enforcement committee determines from the evidence or information presented to the committee that the continued practice of chiropractic by the license holder constitutes a continuing or imminent threat to the public welfare.
(b)  The board by rule shall adopt procedures for the temporary suspension of a license under this section.
(c)  A license temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings under this chapter should be initiated against the license holder is scheduled to be held not later than the 14th day after the date of the suspension.
(d)  A second hearing on the suspended license shall be held not later than the 60th day after the date the suspension is ordered.  If the second hearing is not held in the time required by this subsection, the suspended license is automatically reinstated.
(e)  A temporary suspension may also be ordered on a vote of two-thirds of 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 K. Disciplinary Procedures › Section 201.508. Powers of District Courts; Duties of District and County Attorneys

Sec. 201.508.  POWERS OF DISTRICT COURTS;  DUTIES OF DISTRICT AND COUNTY ATTORNEYS.  (a)  A district court may revoke or suspend a chiropractor's license on proof of a violation of the law relating to the practice of chiropractic.
(b)  On the request of the board, a district or county attorney shall represent the state by filing and prosecuting a judicial proceeding for the revocation, cancellation, or suspension of the chiropractor's license.
(c)  The district or county attorney may institute the judicial proceeding by filing a petition that:
(1)  is in writing;
(2)  states the grounds for prosecution;  and
(3)  is signed officially by the prosecuting officer.
(d)  Citation must be issued in the name of the state in the manner and form as in other cases and shall be served on the defendant, who is required to answer within the time and manner provided by law in civil cases.
(e)  If a chiropractor, after proper citation, is found guilty or fails to appear and deny the charge, the court shall:
(1)  enter an order to suspend or revoke the chiropractor's license;  and
(2)  give proper judgment for costs.
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 K. Disciplinary Procedures › Section 201.509. Representation by Attorney General

Sec. 201.509.  REPRESENTATION BY ATTORNEY GENERAL.  (a)  The board may apply to the attorney general for representation by stating that the board previously requested the representation of a district or county attorney under Section 201.508 and the district or county attorney failed to prosecute or proceed against the person accused of violating this chapter.
(b)  The attorney general shall institute a civil or criminal proceeding against the person in the county of the person's residence.
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 K. Disciplinary Procedures › Section 201.510. Right to Appeal

Sec. 201.510.  RIGHT TO APPEAL.  (a)  A person whose license to practice chiropractic has been revoked or suspended or against whom the board has imposed an administrative penalty may appeal to a Travis County district court.
(b)  The decision of the board may not be enjoined or stayed unless the person appeals the board's decision as provided by Subsection (a) and provides notices to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 228, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter K. Disciplinary Procedures › Section 201.511. Reissuance of License

Sec. 201.511.  REISSUANCE OF LICENSE.  (a)  On application, the board may reissue a license to practice chiropractic to a person whose license has been canceled or suspended.
(b)  An applicant whose license has been canceled or revoked:
(1)  may not apply for reissuance before the first anniversary of the date the license was canceled or revoked;  and
(2)  must apply for reissuance in the manner and form required 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 L. Administrative Penalty › Section 201.551. Imposition of Administrative Penalty

Sec. 201.551.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule or order adopted under 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 L. Administrative Penalty › Section 201.552. Amount of Penalty

Sec. 201.552.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000.
(b)  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
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 L. Administrative Penalty › Section 201.553. Enforcement Committee Recommendations

Sec. 201.553.  ENFORCEMENT COMMITTEE RECOMMENDATIONS.  (a)  On a determination by the enforcement committee that a violation of this chapter or a rule or order adopted under this chapter occurred, the committee may issue a report to the board stating:
(1)  the facts on which the determination is based;  and
(2)  the enforcement committee's recommendation on the imposition of the administrative penalty, including a recommendation on the amount of the penalty.
(b)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the violation by certified mail to the person on whom the penalty may be imposed.
(c)  The notice issued under this section must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
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 L. Administrative Penalty › Section 201.554. Penalty to Be Paid or Hearing Requested

Sec. 201.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date a person receives the notice under Section 201.553, the person may:
(1)  accept in writing the enforcement committee's determination and recommended administrative penalty;  or
(2)  make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the enforcement committee's determination and recommended penalty, the board by order shall approve the determination and impose the recommended penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.0515, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter L. Administrative Penalty › Section 201.555. Hearing on Enforcement Committee Recommendations

Sec. 201.555.  HEARING ON ENFORCEMENT COMMITTEE RECOMMENDATIONS.  (a)  If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice of the hearing to the person.
(b)  A hearing set by the executive director under Subsection (a) shall be held by an administrative law judge of the State Office of Administrative Hearings.
(c)  The administrative law judge shall:
(1)  make findings of fact and conclusions of law;  and
(2)  promptly issue to the board a proposal for a decision as to the occurrence of the violation and the amount of a proposed administrative penalty.
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 L. Administrative Penalty › Section 201.556. Decision by Board

Sec. 201.556.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that:
(1)  a violation has occurred and impose an administrative penalty;  or
(2)  a violation did not occur.
(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.
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 L. Administrative Penalty › Section 201.557. Options Following Decision: Pay or Appeal

Sec. 201.557.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond that is approved by the court and that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the director may, at the direction of the enforcement committee, file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
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 L. Administrative Penalty › Section 201.558. Collection of Penalty

Sec. 201.558.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may, at the direction of the enforcement committee, refer the matter to the attorney general for collection of the penalty.
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 L. Administrative Penalty › Section 201.559. Determination by Court

Sec. 201.559.  DETERMINATION BY COURT.  (a)  If a court sustains the finding that a violation occurred after the court reviews the order of the board imposing an administrative penalty, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that an administrative penalty is not owed.
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 L. Administrative Penalty › Section 201.560. Remittance of Penalty and Interest

Sec. 201.560.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
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 L. Administrative Penalty › Section 201.561. Administrative Procedure

Sec. 201.561.  ADMINISTRATIVE PROCEDURE.  All proceedings under this subchapter are subject to Chapter 2001, Government Code.
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 M. Other Penalties and Enforcement Provisions › Section 201.601. Injunctive Relief

Sec. 201.601.  INJUNCTIVE RELIEF.  (a)  The board may institute in the board's name an action to restrain a violation of this chapter.  An action under this subsection is in addition to any other action authorized by law.
(b)  The state may sue for an injunction to restrain the practice of chiropractic in violation of this chapter.
(c)  The state shall be represented in suits for injunction by:
(1)  the attorney general;
(2)  the district attorney of the district in which the defendant resides;  or
(3)  the county attorney of the county in which the defendant resides.
(d)  A suit for injunction under Subsection (b) may not be filed before the final conviction for a violation of this chapter of the party sought to be enjoined.
(e)  The state is not required to show that a person is personally injured by the defendant's unlawful practice of chiropractic.
(f)  A court may not grant a temporary or permanent injunction until a hearing of the complaint on its merits.  A court may not issue an injunction or restraining order until the final trial and final judgment on the merits of the suit.
(g)  If the defendant is shown to have been unlawfully practicing chiropractic or to have been about to unlawfully practice chiropractic, the court shall perpetually enjoin the defendant from practicing chiropractic in the manner that was the subject of the suit.
(h)  A defendant who disobeys the injunction is subject to the penalties provided by law for the violation of an injunction.  The remedy by injunction is in addition to a criminal prosecution.
(i)  A suit for injunction under this section shall be advanced for trial on the docket of the trial court and advanced and tried in the appellate courts in the same manner as other suits for injunction.
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 M. Other Penalties and Enforcement Provisions › Section 201.6015. Cease and Desist Order

Sec. 201.6015.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is engaging in an act or practice that constitutes the practice of chiropractic without a license or registration under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in that activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter L.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter M. Other Penalties and Enforcement Provisions › Section 201.602. Monitoring License Holder

Sec. 201.602.  MONITORING LICENSE HOLDER.  The board by rule shall develop a system for monitoring compliance with the requirements of this chapter of a license holder who is the subject of disciplinary action.  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and
(2)  identify and monitor each license holder who is the subject of disciplinary action and who presents a continuing threat to the public welfare through the practice of chiropractic.
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 M. Other Penalties and Enforcement Provisions › Section 201.603. Civil Penalty

Sec. 201.603.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted by the board under this chapter is liable to the state for a civil penalty of $1,000 for each day of violation.
(b)  At the request of the board, the attorney general shall bring an action to recover a civil penalty authorized by this section.
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 M. Other Penalties and Enforcement Provisions › Section 201.604. General Criminal Penalty

Sec. 201.604.  GENERAL CRIMINAL PENALTY.  A person commits an offense if the person violates this chapter.  An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $500 or by confinement in the county jail for not more than 30 days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter M. Other Penalties and Enforcement Provisions › Section 201.605. Criminal Penalty: Practice Without License

Sec. 201.605.  CRIMINAL PENALTY:  PRACTICE WITHOUT LICENSE.  (a)  A person commits an offense if the person violates Section 201.301.
(b)  Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)  If it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree.
(d)  Each day of violation constitutes a separate offense.
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 M. Other Penalties and Enforcement Provisions › Section 201.606. Criminal Penalty: Providing Chiropractic Treatment or Services While Intoxicated

Sec. 201.606.  CRIMINAL PENALTY: PROVIDING CHIROPRACTIC TREATMENT OR SERVICES WHILE INTOXICATED.  (a)  In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(b)  A person commits an offense if the person is licensed or regulated under this chapter, provides chiropractic treatment or services to a patient while intoxicated, and, by reason of that conduct, places the patient at a substantial and unjustifiable risk of harm.
(c)  An offense under this section is a state jail felony.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 35, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter A. General Provisions › Section 202.001. Definitions

Sec. 202.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Advisory board" means the Podiatric Medical Examiners Advisory Board.
(1-a)  "Commission" means the Texas Commission of Licensing and Regulation.
(1-b)  "Department" means the Texas Department of Licensing and Regulation.
(2)  "Executive director" means the executive director of the Texas Department of Licensing and Regulation.
(3)  "Podiatrist" means a person who:
(A)  is licensed under this chapter to practice podiatry and who directly or indirectly charges money or other compensation for podiatric services;  or
(B)  publicly professes or claims to be a podiatrist, foot specialist, or doctor or uses any title, degree, letter, syllable, or word that would lead the public to believe that the person is a practitioner authorized to practice or assume the duties incident to the practice of podiatry.
(4)  "Podiatry" means the treatment of or offer to treat any disease, disorder, physical injury, deformity, or ailment of the human foot by any system or method.  The term includes podiatric medicine.
(b)  In the laws of this state:
(1)  "chiropody" means podiatry;  and
(2)  "chiropodist" means podiatrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter A. General Provisions › Section 202.003. Application of Chapter

Sec. 202.003.  APPLICATION OF CHAPTER.  (a)  This chapter does not apply to:
(1)  a physician licensed by the Texas State Board of Medical Examiners;
(2)  a surgeon of the United States Army, United States Navy, or United States Public Health Service, when performing that person's official duties;  or
(3)  a bona fide member of an established church in ministering or offering to minister to the sick or suffering by prayer, as set forth in the principles, tenets, or teachings of the church of which the person is a bona fide member.
(b)  This chapter does not prohibit the recommendation, advertising, or sale of corrective shoes, arch supports or similar mechanical appliances, or foot remedies by a manufacturer, wholesaler, or retail dealer.
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 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.051. Board Membership

Sec. 202.051.  BOARD MEMBERSHIP.  (a)  The Podiatric Medical Examiners Advisory Board consists of nine members appointed by the governor as follows:
(1)  six members who are licensed in this state to practice podiatry and have been actively engaged in the practice of podiatry for the 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 appointees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 2, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.053. Public Member Eligibility

Sec. 202.053.  PUBLIC MEMBER ELIGIBILITY.  A person is not eligible for appointment as a public member of the advisory 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 the department or receiving funds from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the department or receiving funds from the department; or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the department, other than reimbursement authorized by law for advisory board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.054. Membership and Employee Restrictions

Sec. 202.054.  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 advisory board 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)  A person may not be a member of the advisory 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 advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 3, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.055. Terms; Vacancies

Sec. 202.055.  TERMS; VACANCIES.  (a)  Members of the advisory board serve staggered six-year terms, with the term of three members expiring on February 1 of each odd-numbered year.  At the expiration of the term of each member, the governor shall appoint a successor.
(b)  If a vacancy occurs during a term, the governor shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.056. Grounds for Removal

Sec. 202.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the advisory board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 202.051 or 202.053;
(2)  does not maintain during service on the advisory board the qualifications required by Section 202.051 or 202.053;
(3)  is ineligible for membership under Section 202.054;
(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 advisory board meetings that the member is eligible to attend during a calendar year unless the absence is excused by a majority vote of the advisory board.
(b)  The validity of an action of the advisory board is not affected by the fact that the action is taken when a ground for removal of an advisory board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall 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. 26 (S.B. 402), Sec. 4, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.057. Compensation; Reimbursement of Expenses

Sec. 202.057.  COMPENSATION; REIMBURSEMENT OF EXPENSES.  An advisory board member may not receive compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 5, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.058. Presiding Officer

Sec. 202.058.  PRESIDING OFFICER.  The governor shall appoint one of the advisory board members to serve as presiding officer of the advisory board at the pleasure of the governor.  The presiding officer may vote on any matter before the advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 6, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.059. Meetings

Sec. 202.059.  MEETINGS.  (a)  The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(3), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(3), eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(3), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.061. Training

Sec. 202.061.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory 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 department's programs, functions, and rules with respect to this chapter;
(3)  the results of the most recent formal audit of the department with respect to this chapter;
(4)  the scope and limitations on the rulemaking authority of the advisory board;
(5)  the types of 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 regulated under this chapter, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business regulated under this chapter;
(B)  restrict advertising by persons in a profession or business regulated under this chapter;
(C)  affect the price of goods or services provided by persons in a profession or business regulated under this chapter; and
(D)  restrict participation in a profession or business regulated under this chapter;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the advisory board in performing the members' duties; and
(7)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  The executive director 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 advisory board member.  On receipt of the training manual, each advisory board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 26 (S.B. 402), Sec. 7, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter B. Podiatric Medical Examiners Advisory Board › Section 202.062. Duties of Advisory Board

Sec. 202.062.  DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter D. Powers and Duties › Section 202.1515. General Powers and Duties

Sec. 202.1515.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(b)  The commission shall adopt rules necessary to administer and enforce this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 202 - Podiatrists › Subchapter D. Powers and Duties › Section 202.153. Fees

Sec. 202.153.  FEES.  The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 17, eff. September 1, 2017.