reglab/statecodes huggingface dataset:
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 201.204. Records of Complaints

Sec. 201.204.  RECORDS OF COMPLAINTS.  (a)  The board shall keep an information file about each complaint filed with the board.  The board's information file must be kept current and contain a record for each complaint of:
(1)  each person contacted in relation to the complaint;
(2)  a summary of findings made at each step of the complaint process;
(3)  an explanation of the legal basis and reason for a complaint that is dismissed;
(4)  the schedule required under Section 201.205 and a notification of any change in the schedule;  and
(5)  other relevant information.
(b)  Except as provided by Subsection (c), if a written complaint is filed with the board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
(c)  If a written complaint that the board has authority to resolve is referred to the enforcement committee, the board at least semiannually and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
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 201.205. General Rules Regarding Complaint Investigation and Disposition

Sec. 201.205.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The board shall adopt rules concerning the investigation of a complaint filed with the board.  The rules adopted under this section must:
(1)  distinguish between categories of complaints;
(2)  require the board to prioritize complaints for purposes of determining the order in which they are investigated, taking into account the seriousness of the allegations made in a complaint and the length of time a complaint has been pending;
(3)  ensure that a complaint is not dismissed without appropriate consideration;
(4)  require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the complaint;
(5)  ensure that the person who filed the complaint has the opportunity to explain the allegations made in the complaint; and
(6)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator.
(b)  The board shall:
(1)  dispose of a complaint in a timely manner;  and
(2)  establish a schedule for conducting each phase of the complaint process that is under the control of the board not later than the 30th day after the date the board receives the complaint.
(c)  The board shall notify the parties to the complaint of the projected time requirements for pursuing the complaint.
(d)  The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made.
(e)  The executive director shall notify the board of a complaint that is unresolved after the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 11, 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 201.2065. Requirements for Certain Complaints

Sec. 201.2065.  REQUIREMENTS FOR CERTAIN COMPLAINTS.  (a)  In this section:
(1)  "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint.
(2)  "Insurance agent" means a person licensed under Chapter 4054, Insurance Code.
(3)  "Insurer" means an insurance company or other entity authorized to engage in the business of insurance under Subtitle C, Title 6, Insurance Code.
(4)  "Third-party administrator" means a person required to have a certificate of authority under Chapter 4151, Insurance Code.
(b)  The board may not accept anonymous complaints.
(c)  Notwithstanding any confidentiality requirements under Chapter 552, Government Code, or this chapter, a complaint filed with the board by an insurance agent, insurer, pharmaceutical company, or third-party administrator against a license holder must include the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator filing the complaint.
(d)  Not later than the 15th day after the date the complaint is filed with the board, the board shall notify the license holder who is the subject of the complaint of the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator who filed the complaint, unless the notice would jeopardize an investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 7, eff. September 1, 2017.
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 201.207. Inspections

Sec. 201.207.  INSPECTIONS.  (a)  The board, during reasonable business hours, may:
(1)  conduct an on-site inspection of a chiropractic facility to investigate a complaint filed with the board; and
(2)  examine and copy records of the chiropractic facility pertinent to the inspection or investigation.
(b)  The board is not required to provide notice before conducting an inspection under this section.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 12, 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 201.208. Cooperation With Texas Department of Insurance

Sec. 201.208.  COOPERATION WITH TEXAS DEPARTMENT OF INSURANCE.  (a)  In this section, "department" means the Texas Department of Insurance.
(b)  This section applies only to information held by or for the department or the board that relates to a person who is licensed or otherwise regulated by the department or the board.
(c)  The department and the board, on request or on the department or board's own initiative, may share confidential information or information to which access is otherwise restricted by law.  The department and the board shall cooperate with and assist each other when either agency is conducting an investigation by providing information that is relevant to the investigation.  Except as provided by this section, confidential information that is shared under this section remains confidential under law, and legal restrictions on access to the information remain in effect unless the agency sharing the information approves use of the information by the receiving agency for enforcement purposes.  The provision of information by the board to the department or by the department to the board under this subsection does not constitute a waiver of privilege or confidentiality as established by law.
(d)  The department and the board shall develop and maintain a system for tracking investigations conducted by each agency with the cooperation and assistance of the other agency, including information on all disciplinary actions taken.
(e)  The department and the board shall collaborate on taking appropriate disciplinary actions to the extent practicable.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 12, 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 201.209. Information on Status of Certain Investigations

Sec. 201.209.  INFORMATION ON STATUS OF CERTAIN INVESTIGATIONS.  The board shall include in the annual financial report required by Section 2101.011, Government Code, information on all investigations conducted by the board with the cooperation and assistance of the Texas Department of Insurance and the Texas Workers' Compensation Commission during the preceding fiscal year.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 12, 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 201.210. Expert Review Process

Sec. 201.210.  EXPERT REVIEW PROCESS.  (a)  The board by rule shall develop an expert review process to assist the board with the investigation of complaints filed with the board that require additional chiropractic expertise.
(b)  The board shall:
(1)  determine the type of complaints that require potential expert review, including standard of care complaints;
(2)  create a list of qualified experts to review complaints that require additional chiropractic expertise; and
(3)  establish a method for assigning an expert to a complaint that ensures unbiased assignments of complaints, maintains confidentiality of complaints, and avoids conflicts of interest related to complaints.
(c)  The rules adopted under this section must address:
(1)  the qualifications of the experts who may review complaints;
(2)  the grounds for removal of an expert who is assigned to review a complaint;
(3)  the time in which a complaint that requires expert review must be resolved; and
(4)  the content and format of expert review documents.
(d)  The board may contract with a qualified expert on the list created under this section to assist the board in the investigation of a complaint that requires additional chiropractic expertise.
Added by Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.301. License Required

Sec. 201.301.  LICENSE REQUIRED.  A person may not practice chiropractic unless the person holds a license issued 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 G. License Requirements › Section 201.302. Licensing Examination Application

Sec. 201.302.  LICENSING EXAMINATION APPLICATION.
(a)  An applicant for a license by examination must present satisfactory evidence to the board that the applicant:
(1)  is at least 18 years of age;
(2)  has completed 90 semester hours of college courses other than courses included in a doctor of chiropractic degree program; and
(3)  is either a graduate or a final semester student of a bona fide reputable doctor of chiropractic degree program.
(b)  An application for examination must be:
(1)  made in writing;
(2)  verified by affidavit;
(3)  filed with the secretary-treasurer of the board on a form prescribed by the board;  and
(4)  accompanied by a fee.
(c)  Each applicant shall be given reasonable notice of the time and place of the examination.
(d)  Notwithstanding Subsection (a)(3), if the Council on Chiropractic Education or another national chiropractic education accreditation organization recognized by the board requires a number of semester hours of college courses other than courses included in a doctor of chiropractic degree program that is greater or less than the number of hours specified by that subsection to qualify for admission to a doctor of chiropractic degree program, the board may adopt the requirement of that organization if the board determines that requirement to be appropriate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 20, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 802 (S.B. 776), Sec. 3, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.303. Educational Requirements

Sec. 201.303.  EDUCATIONAL REQUIREMENTS.  (a)  To comply with the requirements of Section 201.302, the applicant must submit to the board a transcript of credits that certifies that the applicant has satisfactorily completed at least the number of semester hours of college credits required by that section at a college or university that issues credits accepted by The University of Texas at Austin for a bachelor of arts or bachelor of science degree.
(b)  Repealed by Acts 2003, 78th Leg., ch. 329, Sec. 5.
(c)  The board may charge a fee of not more than $50 for verifying that the applicant has satisfied the requirements of this section.
(d)  A bona fide reputable doctor of chiropractic degree program that satisfies Section 201.302(a)(3) is one that:
(1)  has entrance requirements and a course of instruction as high as those of a better class of doctor of chiropractic degree programs in the United States;
(2)  maintains a resident course of instruction equivalent to:
(A)  not less than four terms of eight months each; or
(B)  not less than the number of semester hours required by The University of Texas for a bachelor of arts or bachelor of science degree;
(3)  provides a course of instruction in the fundamental subjects listed in Section 201.305(b); and
(4)  has the necessary teaching staff and facilities for proper instruction in all of the fundamental subjects listed in Section 201.305(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 329, Sec. 5.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 21, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 802 (S.B. 776), Sec. 4, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.304. Examination Requirements

Sec. 201.304.  EXAMINATION REQUIREMENTS.  (a)  To receive a license, an applicant for a license by examination must pass:
(1)  the required and optional parts of the examination given by the National Board of Chiropractic Examiners, as required by and under conditions established by board rule;  and
(2)  an examination prepared by the board that tests the applicant's knowledge and understanding of the laws relating to the practice of chiropractic in this state.
(b)  The board shall periodically determine whether applicants who hold National Board of Chiropractic Examiners certificates have been adequately examined.  If the board determines that those applicants have not been adequately examined, the board shall require those applicants to submit to an additional examination prepared by the board.
(c)  The board may give an examination during the applicant's last semester of college if the board receives evidence indicating the applicant has satisfactory grades.  Immediately after the applicant graduates from chiropractic college, the applicant must forward to the board evidence of satisfactory completion of the applicant's course of study.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 721, 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 G. License Requirements › Section 201.305. Examination Procedure

Sec. 201.305.  EXAMINATION PROCEDURE.  (a)  Each examination for a license to practice chiropractic shall be conducted in the English language and in a fair and impartial manner.
(b)  An examination given under Section 201.304(a)(1) shall be conducted on practical and theoretical chiropractic and in the subjects of anatomy-histology, chemistry, bacteriology, physiology, symptomatology, pathology and analysis of the human spine, and hygiene and public health.
(c)  Applicants may be known to the examiners only by numbers, without a name or another method of identification on examination papers by which members of the board could identify an applicant, until after the general averages of the applicants' numbers in the class are determined and the licenses are granted or refused.
(d)  The board by rule shall ensure that the examination is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 721, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 22, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.306. Examination Results

Sec. 201.306.  EXAMINATION RESULTS.  (a)  The board shall notify each applicant of the results of an examination given by the board not later than the 30th day after the date the licensing examination is administered.
(b)  If requested by a person who fails an examination given by the board, the board shall review with the person the circumstances surrounding the adverse score.
(c)  To pass the examination under Section 201.304(a)(2), an applicant must score a grade of at least 75 percent.
(d)  All questions and answers from an examination given by the board, with the grades attached, authenticated by the signature of the examiner, shall be preserved in the executive office of the board for at least one year.
(e)  Each license shall be attested by the seal of the board and signed by all members of the board or a quorum of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 721, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.307. Reexamination

Sec. 201.307.  REEXAMINATION.  (a)  An applicant who fails to pass a required examination may take another examination.
(b)  The board by rule shall establish the number of times an applicant may retake the examination required by Section 201.304(a)(1) or (b), as applicable.  The board by rule shall establish the conditions under which an applicant may retake an examination.  The board may require an applicant to fulfill additional educational requirements.
(c)  If the applicant makes a satisfactory grade on reexamination, the board shall grant to the applicant a license to practice chiropractic.
(d)  The board's decision under this section is final.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 721, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 23, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.309. License Issuance to Certain Out-of-State Applicants

Sec. 201.309.  LICENSE ISSUANCE TO CERTAIN OUT-OF-STATE APPLICANTS.  The board shall issue a license to practice chiropractic to an out-of-state applicant who:
(1)  submits a written application to the board on a form prescribed by the board, accompanied by the application fee set by the board and any other information requested by the board;
(2)  is licensed in good standing to practice chiropractic in another state or foreign country that has licensing requirements substantially equivalent to the requirements of this chapter;
(3)  has not been the subject of a disciplinary action and is not the subject of a pending investigation in any jurisdiction in which the applicant is or has been licensed;
(4)  has graduated from a doctor of chiropractic degree program accredited by the Council on Chiropractic Education and approved by rule by the board;
(5)  has passed a national or other examination recognized by the board relating to the practice of chiropractic;
(6)  has passed the board's jurisprudence examination;
(7)  has practiced chiropractic:
(A)  for at least the three years immediately preceding the date of the application under this section; or
(B)  as a chiropractic educator in a doctor of chiropractic degree program accredited by the Council on Chiropractic Education for at least the three years immediately preceding the date of the application under this section; and
(8)  meets any other requirements adopted by rule by the board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 899, Sec. 1.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 802 (S.B. 776), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.311. Inactive Status

Sec. 201.311.  INACTIVE STATUS.  (a)  The board by rule shall adopt a system by which a license holder may place the license on inactive status.  A license holder must apply for inactive status, on a form prescribed by the board, before the expiration date of the license.
(b)  A license holder whose license is on inactive status:
(1)  is not required to pay license renewal fees;  and
(2)  may not perform an activity regulated under this chapter.
(c)  A license holder whose license is on inactive status may return to active practice by notifying the board in writing.  The board shall remove the license holder's license from inactive status after the holder pays an administrative fee and complies with any educational or other requirements established by board rules.
(d)  The board by rule shall establish a rule setting a limit on the time a license holder's license may remain on inactive status.
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 G. License Requirements › Section 201.313. Criminal History Record Information for License Issuance

Sec. 201.313.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.  (a)  The board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The board shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter G. License Requirements › Section 201.314. Search of National Practitioner Database

Sec. 201.314.  SEARCH OF NATIONAL PRACTITIONER DATABASE.  The board shall establish a process to search at least one national practitioner database to determine whether another state has taken any disciplinary action against an applicant or license holder before issuing an initial or renewal license under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.351. Registration

Sec. 201.351.  REGISTRATION.  A chiropractor may not practice chiropractic in this state unless the chiropractor registers with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.352. Application for Registration

Sec. 201.352.  APPLICATION FOR REGISTRATION.  (a)  A person required to register shall:
(1)  file with the board a written application for registration; and
(2)  pay, with the application, a registration fee to the board.
(b)  The application must include:
(1)  the person's full name, age, post office address, and place of residence;
(2)  each place where the person is engaged in the practice of chiropractic;
(3)  the college of chiropractic from which the person graduated;  and
(4)  the number and date of the person's license.
(c)  On receipt of the application and registration fee, the board shall determine whether the applicant is licensed to practice chiropractic in this state based on the records of the board or other sources the board considers reliable.
(c-1)  On receipt of a renewal application, the board shall check the national practitioner database with respect to the license holder as provided by Section 201.314.
(d)  If the board determines that the applicant is licensed to practice chiropractic in this state, the board shall issue a registration receipt certifying that the applicant has filed an application and paid the registration fee.
(e)  The registration receipt is not evidence in a prosecution for the unlawful practice of chiropractic under Section 201.605 that the person is lawfully entitled to practice chiropractic.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 15, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.353. License Expiration Date

Sec. 201.353.  LICENSE EXPIRATION DATE.  (a)  A license under this chapter is valid for a term of two or more years as determined by board rule.
(a-1)  The board by rule may adopt a system under which licenses expire on various dates during the year.
(b)  For a year in which the license expiration date is changed, license fees payable on January 1 shall be prorated on a monthly basis so that each license holder pays only the portion of the fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.354. License Renewal

Sec. 201.354.  LICENSE RENEWAL.  (a)  A person may renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license.
(b)  At least 30 days before the expiration of a person's license, the board shall send written notice of the impending license expiration to the person at the person's last known address according to the board's records.
(c)  The renewal fee applies to each person licensed by the board, even if the person is not practicing chiropractic in this state.
(d)  A person whose license has been expired for 90 days or less may renew the license by paying to the board a renewal fee that is equal to 1-1/2 times the renewal fee set by the board under Section 201.153(a).  If a person's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the board a renewal fee that is equal to two times the renewal fee set by the board under Section 201.153(a).
(e)  Except as provided by Subsection (g) and Section 201.355, a person may not renew a license that has been expired for one year or more.  The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
(f)  A person who practices chiropractic without a renewal receipt for the current year practices chiropractic without a license.
(g)  A person may renew a license that has been expired for at least one year but not more than three years if:
(1)  the board determines according to criteria adopted by board rule that the person has shown good cause for the failure to renew the license; and
(2)  the person pays to the board:
(A)  the renewal fee set by the board under Section 201.153(a) for each year in which the license was expired; and
(B)  an additional fee in an amount equal to the sum of:
(i)  the renewal fee set by the board under Section 201.153(a), multiplied by the number of years the license was expired, prorated for fractional years; and
(ii)  two times the renewal fee set by the board under Section 201.153(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 230, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 24, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(a), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.3545. Criminal History Record Information Requirement for License Renewal

Sec. 201.3545.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.  (a)  An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 201.313.
(b)  The board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 201.313 for the initial issuance of the license; or
(2)  this section as part of a prior license renewal.
Added by Acts 2017, 85th Leg., R.S., Ch. 294 (S.B. 304), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.355. Renewal of Expired License by Out-of-State Practitioner

Sec. 201.355.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or foreign country, and is currently licensed in good standing and has been in practice in the other state or foreign country for the two years preceding application.
(b)  The person must pay to the board a fee that is equal to the normally required renewal fee for the license.
(c)  For purposes of this section, a person is currently licensed if the person is licensed by another chiropractic licensing board recognized by the board.  The board shall adopt requirements for recognizing another chiropractic licensing board that:
(1)  has licensing requirements substantially equivalent to the requirements of this chapter;  and
(2)  maintains professional standards considered by the board to be equivalent to the standards under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 329, Sec. 3.
Amended by:
Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 25, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter H. Registration and License Renewal › Section 201.356. Continuing Education

Sec. 201.356.  CONTINUING EDUCATION.  (a)  The board by rule shall:
(1)  assess the continuing education needs of license holders;
(2)  adopt requirements for mandatory continuing education for license holders in subjects relating to the practice of chiropractic;
(3)  establish a minimum number of hours of continuing education required to renew a license;  and
(4)  develop a process to evaluate and approve continuing education courses.
(b)  The board may require license holders to attend continuing education courses specified by the board.  The board shall adopt a procedure to assess a license holder's participation and performance in continuing education programs.
(c)  The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.
(d)  The board shall notify license holders of approved continuing education courses at least annually.
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 I. Patient Confidentiality › Section 201.401. Definition of Patient

Sec. 201.401.  DEFINITION OF PATIENT.  In this subchapter, "patient" means any person who consults or is seen by a chiropractor to receive chiropractic care.
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 I. Patient Confidentiality › Section 201.402. Patient Confidentiality

Sec. 201.402.  PATIENT CONFIDENTIALITY.  (a)  Communications between a chiropractor and a patient relating to or in connection with any professional services provided by a chiropractor to the patient are confidential and privileged and may not be disclosed except as provided by this subchapter.
(b)  Records of the identity, diagnosis, evaluation, or treatment of a patient by a chiropractor that are created or maintained by a chiropractor are confidential and privileged and may not be disclosed except as provided by this subchapter.
(c)  A person who receives information from the confidential communications or records, excluding a person listed in Section 201.404(a) who is acting on the patient's behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained.
(d)  The prohibitions of this section apply to confidential communications or records concerning any patient regardless of when the patient received the services of a chiropractor.
(e)  The privilege of confidentiality may be claimed by the patient or chiropractor acting on the patient's behalf.  The authority of a chiropractor to claim the privilege of confidentiality on behalf of a patient is presumed in the absence of evidence to the contrary.
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 I. Patient Confidentiality › Section 201.403. Exceptions to Confidentiality for Administrative Procedure

Sec. 201.403.  EXCEPTIONS TO CONFIDENTIALITY FOR ADMINISTRATIVE PROCEDURE.  (a)  Section 201.402 does not apply in a court or administrative proceeding:
(1)  brought by a patient against a chiropractor, including:
(A)  a malpractice proceeding;  and
(B)  any criminal or license revocation proceeding in which the patient is a complaining witness and disclosure is relevant to the claims or defense of the chiropractor;
(2)  in which the patient or a person authorized to act on the patient's behalf submits a written consent to the release of confidential information, as provided by Section 201.405;
(3)  brought to substantiate and collect on a claim for chiropractic services rendered to the patient;
(4)  brought by the patient or a person on the patient's behalf who is attempting to recover monetary damages for any physical or mental condition, including death of the patient;
(5)  brought in connection with a disciplinary investigation of a chiropractor under this chapter, except as provided by Subsection (b);
(6)  brought in connection with a criminal investigation of a chiropractor if the board is participating or assisting in the investigation or proceeding by providing certain records obtained from the chiropractor, except as provided by Subsection (c);  and
(7)  brought in connection with a criminal prosecution in which the patient is a victim, witness, or defendant except as provided by Subsection (d).
(b)  The board shall protect the identity of any patient whose chiropractic records are examined in connection with an investigation or proceeding described by Subsection (a)(5), excluding patients described by Subsection (a)(1) and patients who have submitted written consent to the release of their chiropractic records as provided by Section 201.405.
(c)  The board shall protect the identity of any patient whose records are provided in connection with an investigation or proceeding described by Subsection (a)(6), excluding patients described by Subsection (a)(1) and patients who have submitted written consent to the release of their chiropractic records as provided by Section 201.405.  The board does not authorize the release of any confidential information for the purpose of instigating or substantiating criminal charges against a patient.
(d)  In a proceeding described by Subsection (a)(7), records or communications are not discoverable until the court in which the prosecution is pending makes an in camera determination of relevancy.  A determination of relevancy by a court under this subsection is not a determination of the admissibility of any record or communication.
(e)  Information is discoverable in a court or administrative proceeding in this state if the court or administrative body has jurisdiction over the subject matter of the proceeding.
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 I. Patient Confidentiality › Section 201.404. Exceptions to Confidentiality for Other Circumstances

Sec. 201.404.  EXCEPTIONS TO CONFIDENTIALITY FOR OTHER CIRCUMSTANCES.  (a)  In circumstances other than court or administrative proceedings, exceptions to Section 201.402 exist only for:
(1)  a governmental agency, if the disclosure is required or permitted by law except as provided by Subsection (b);
(2)  medical or law enforcement personnel, if the chiropractor determines that a probability of imminent physical injury to the patient, the chiropractor, or others exists or a probability of immediate mental or emotional injury to the patient exists;
(3)  qualified personnel for the purpose of management audits, financial audits, program evaluations, or research, under the conditions provided by Subsection (c);
(4)  those parts of the records reflecting charges and specific services performed, if necessary to collect fees for services provided by a chiropractor, a professional association, or another entity qualified to render or arrange for services;
(5)  any person who possesses a written consent described by Section 201.405;
(6)  an individual, corporation, or governmental agency involved in paying or collecting fees for services performed by a chiropractor;
(7)  another chiropractor or personnel under the direction of the chiropractor who participate in the diagnosis, evaluation, or treatment of the patient;  or
(8)  an official legislative inquiry of state hospitals or state schools under the conditions provided under Subsection (d).
(b)  A governmental agency shall protect the identity of any patient whose chiropractic records are examined under Subsection (a)(1).
(c)  Personnel described by Subsection (a)(3) may not directly or indirectly identify a patient in any report of research, audit, or evaluation or otherwise disclose a patient's identity in any manner.
(d)  Information released under Subsection (a)(8) may not include:
(1)  information or records that identify a patient or client for any purpose without proper consent given by the patient;  and
(2)  records that were not created by the state hospital or school or its 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 I. Patient Confidentiality › Section 201.405. Consent for Release

Sec. 201.405.  CONSENT FOR RELEASE.  (a)  In this section, "chiropractic records" means any record relating to the history, diagnosis, treatment, or prognosis of a patient.
(b)  Consent for the release of confidential information must be in writing and signed by:
(1)  the patient;
(2)  a parent or legal guardian if the patient is a minor;
(3)  a legal guardian if the patient has been adjudicated incompetent to manage the patient's personal affairs;
(4)  an attorney ad litem appointed for the patient, as authorized by:
(A)  Subtitle B, Title 6, Health and Safety Code;
(B)  Subtitle C, D, or E, Title 7, Health and Safety Code;
(C)  Title 3, Estates Code;
(D)  Chapter 107, Family Code; or
(E)  another applicable provision; or
(5)  a personal representative if the patient is deceased.
(c)  The written consent must specify:
(1)  the information records covered by the release;
(2)  the reason or purpose for the release;  and
(3)  the person to whom the information is to be released.
(d)  The patient or the person authorized to consent to disclosure under this section may withdraw consent to the release of any information.  Withdrawal of consent does not affect any information disclosed before written notice of the withdrawal.
(e)  A person who receives information made confidential by this chapter may disclose the information to another only to the extent that disclosure is consistent with the authorized purposes for which consent to release the information was obtained.
(f)  A chiropractor shall furnish copies of chiropractic records or a summary or narrative of the records requested under a written consent for release of the information.  The chiropractor shall furnish the information within a reasonable time.  The patient or a person acting on the patient's behalf shall pay a reasonable fee for the information provided by the chiropractor.  The chiropractor may delete confidential information about another person who has not consented to the release.
(g)  A chiropractor who determines that access to information requested under Subsection (f) would be harmful to the physical, mental, or emotional health of the patient may refuse to release the information requested under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.053, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 201 - Chiropractors › Subchapter J. Practice by License Holder › Section 201.451. Delegation to Assistants

Sec. 201.451.  DELEGATION TO ASSISTANTS.  (a)  The board by rule shall establish guidelines relating to the tasks and procedures that a chiropractor may delegate to an assistant.
(b)  A chiropractor who delegates a task or procedure under this section retains full responsibility for the task or procedure.
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 J. Practice by License Holder › Section 201.452. Use of X-Ray

Sec. 201.452.  USE OF X-RAY.  (a)  The board may require evidence of proper training and safety in the use of analytical and diagnostic x-ray in conformity with:
(1)  Chapter 401, Health and Safety Code;  and
(2)  rules of the Texas Radiation Control Agency and the Texas Department of Health.
(b)  This section does not modify or amend:
(1)  Section 201.002 by enlarging the scope of the practice of chiropractic or the acts that a chiropractor is authorized to perform;  or
(2)  Chapter 151.
(c)  The board shall implement any federal and state requirements relating to radiologic training of the employees of a chiropractor.
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 J. Practice by License Holder › Section 201.453. Malpractice Settlement Information and Expert Reports

Sec. 201.453.  MALPRACTICE SETTLEMENT INFORMATION AND EXPERT REPORTS.  (a)  The Texas Department of Insurance shall provide to the board any information received by the department regarding a settlement of a malpractice claim against a chiropractor.
(b)  An insurer who delivers or issues for delivery in this state professional liability insurance coverage to a chiropractor who practices in this state shall provide to the board a copy of any expert report served under Section 74.351, Civil Practice and Remedies Code, in a malpractice action against the chiropractor.
Added by Acts 2005, 79th Leg., Ch. 1020 (H.B. 972), Sec. 27, eff. September 1, 2005.