reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 73 - CONTINUING EDUCATION › Section 73.2 - Failure to Meet Continuation Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				failing to meet minimum continuing education requirements, as determined by a
				random compliance audit, shall have the licensee's license placed in a
				Continuing Education Conditional (CEC) status for 12 months.
(b) A licensee under CEC status may continue
				to practice if the licensee completes the required continuing education within
				the 12 month CEC period.
(c) The
				Board shall reinstate a license in CEC status when the licensee submits written
				verification of completing the required continuing education.
(d) If a licensee fails to reinstate a
				license during any CEC status period, the Board shall deem the license expired
				from the beginning date of the CEC status year.
(e) A licensee whose license expires under
				subsection (d) of this section shall obtain a new license in order to
				practice.
(f) A licensee may not
				use continuing education courses taken to satisfy a deficiency in a prior
				reporting year for a subsequent reporting year.
(g) A licensee may not have a license on CEC
				status for two consecutive years.
(h) If a licensee on CEC status for the prior
				reporting year is non-compliant with the current year, the Board shall deem the
				license expired.
(i) A licensee
				under subsection (g) of this section may not practice chiropractic until the
				license is renewed or a new license is issued.
(j) A licensee under subsection (g) of this
				section may renew the license after completing all required courses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 73 - CONTINUING EDUCATION › Section 73.3 - Requirements for Sponsors of Continuation Education Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may only approve continuing
				education courses sponsored by a chiropractic college accredited by the Council
				on Chiropractic Education or a statewide, national, or international
				professional association.
(b) A
				continuing education course sponsor shall submit a separate application for
				each course at least 60 days in advance.
(c) For each course application, a sponsor
				shall submit:
(1) course title, subject, and
				description;
(2) number of
				requested credit hours;
(3) course
				date, time, and location;
(4)
				method of instruction;
(5) course
				coordinator's name, address, and telephone number;
(6) signature of the sponsor's
				representative;
(7) a detailed
				hour-by-hour syllabus describing the material taught in each hour
				block;
(8) names of all instructors
				for each block of instruction;
(9)
				all instructors' curriculum vitae;
(10) proposed advertising showing the course
				title and content; and
(11)
				application fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 73 - CONTINUING EDUCATION › Section 73.4 - Requirements for Continuing Education Instructors

Current through Reg. 49, No. 28; July 12, 2024
(a) To present a Board-approved continuing
				education course, an instructor shall meet one of the following qualifications:
(1) hold a doctorate degree and active
				license in chiropractic or law;
(2) be part of the full-time faculty of a
				chiropractic college accredited by the Council of Chiropractic
				Education;
(3) be a qualified
				health care provider in the subject being taught; or
(4) be an individual with substantial
				knowledge, skill, and ability in chiropractic practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 73 - CONTINUING EDUCATION › Section 73.5 - Claiming Continuing Education as a National Board Examiner

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee who serves as an examiner for
				the National Board of Chiropractic Examiners' Part IV Examination may receive
				up to 8 hours of continuing education each year for the licensee's
				participation.
(b) A licensee
				claiming hours as a National Boards examiner shall submit written verification
				on National Boards letterhead of the licensee's participation as an
				examiner.
(c) The written
				verification shall include the licensee's name, license number, and the date,
				time, and place of each examination attended by the licensee as an
				examiner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 74 - SUBSTANCE ABUSE TESTING AND MONITORING › Section 74.1 - Substance Abuse Testing and Monitoring of Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may require an applicant for a
				license who has a criminal conviction for substance abuse offenses within 5
				years before the date of the application to undergo substance abuse testing and
				monitoring as a condition of licensure.
(b) If the Board requires an applicant to
				undergo substance abuse testing and monitoring under this section, the cost
				shall be borne by the applicant.
(c) The Board shall make reasonable efforts
				to ensure testing will be done in a manner to accomplish the goals of the
				testing while minimizing the applicant's cost.
(d) The Board may grant a probationary
				license to an applicant who agrees in writing to substance abuse testing and
				monitoring under this section.
(e)
				The Board shall state in writing the length of time an applicant shall be under
				probation and subject to substance abuse testing and monitoring.
(f) The Board may not place an applicant
				under probation for substance abuse testing and monitoring for more than five
				years from the date the Board issues the applicant's probationary
				license.
(g) The Board may revoke
				the probationary license of any applicant who agrees to substance abuse testing
				and monitoring if the applicant fails to pass any test or provide required
				monitoring documentation.
(h) A
				Board order revoking a license under subsection (g) of this section is final
				and unappealable.
(i) An applicant
				whose probationary license has been revoked under this section may reapply for
				a license not sooner than one year from the date the license was revoked under
				subsection (g) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 74 - SUBSTANCE ABUSE TESTING AND MONITORING › Section 74.2 - Substance Abuse Testing and Monitoring of Licensees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may require a licensee who has
				been subject to disciplinary action for drug or alcohol offenses to undergo
				substance abuse testing and monitoring.
(b) If the Board requires a licensee to
				undergo substance abuse testing and monitoring under this section, the cost
				shall be borne by the licensee.
(c)
				The Board shall make reasonable efforts to ensure testing will be done in a
				manner to accomplish the goals of the testing while minimizing the licensee's
				cost.
(d) A licensee who agrees to
				undergo substance abuse testing and monitoring to settle a disciplinary action
				by the Board shall agree to the terms of the testing and monitoring in writing
				as part of the agreed order with the Board.
(e) The Board, upon the recommendation of the
				Board's Enforcement Committee, may revoke the license of a licensee who agrees
				to substance abuse testing and monitoring if the licensee fails to pass any
				test or provide monitoring documentation as required by the agreed order with
				the Board.
(f) A Board order
				revoking a license under subsection (e) of this section is final and
				unappealable.
(g) A licensee whose
				license has been revoked under this section may reapply for a license not
				sooner than one year from the date the license was revoked under subsection (e)
				of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.1 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				shall use good faith to provide information to patients to allow them to make
				an informed choice about proposed chiropractic treatment.
(b) A licensee shall consult with other
				health care professionals when appropriate.
(c) A licensee may not discriminate against
				patients based on race, religion, ethnicity, nationality, creed, gender,
				handicap, or sexual preference.
(d)
				A licensee shall promote public health, illness prevention, and the alleviation
				of suffering.
(e) A licensee shall
				respect a patient's privacy at all times.
(f) A licensee should help others in the
				practice of the profession.
(g) A
				licensee should maintain the highest standards of education and
				training.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.2 - Place of Business

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon request, a
				licensee shall provide to the Board the following information for the primary
				location where the licensee provides chiropractic services:
(1) physical address;
(2) telephone number, if any; and
(3) business name, if applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.3 - Fraud Prevention

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				not commit fraud as defined in the Penal Code against patients or third
				parties.
(b) A licensee who commits
				fraud is subject to disciplinary action.
(c) A licensee who commits fraud in
				connection with health insurance or workers' compensation insurance under the
				jurisdiction of the Texas Department of Insurance is also subject to
				disciplinary action by the Board.
(d) A licensee shall report any suspected
				fraud to the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.4 - Patient's Rights to Disclosure of Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall provide a written
				receipt or summary of all charges for that day to any patient making such
				request.
(b) A licensee who
				violates this section is subject to disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.5 - Prepaid Treatment Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				accept prepayment for services planned but not yet delivered, but must provide
				the following:
(1) The plan must be
				cancellable by either party at any time for any reason without penalty of any
				kind to the patient.
(2) Upon
				cancellation of the plan the patient shall receive a complete refund of all
				fees paid on a pro rata basis of the number of treatments provided compared to
				total treatments contracted.
(3)
				The plan must provide for a limited, defined number of visits.
(4) The patient's file must contain the
				proposed treatment plan, including enumeration of all aspects of evaluation,
				management, and treatment planned to therapeutically benefit the patient
				relative to the condition determined to be present and necessitating treatment.
(A) The patient's financial file must contain
				documents outlining any necessary procedures for refunding unused payment
				amounts in the event that either the patient or the doctor discharge the
				other's services or therapeutic association.
(B) The treatment plan in such cases where
				prepayment is contracted must contain beginning and ending dates and a
				breakdown of the proposed treatment frequency.
(5) A contract for services and consent of
				treatment document must be maintained in the patient's file that specifies the
				condition for which the treatment plan is formulated.
(6) If nutritional products or other hard
				goods including braces, supports, or patient aids are to be used during the
				proposed treatment plan, the patient documents must state whether these items
				are included in the gross treatment costs or if they constitute a separate and
				distinct service or fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.6 - Mandatory Notice to Public

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				shall ensure the figure in subsection (c) of this section is prominently
				displayed to the public at every location where the licensee provides
				chiropractic services.
(b) A
				licensee who provides services at any secondary location shall ensure the
				notice is visible to the public.
(c) A licensee who provides chiropractic
				telehealth services shall make the notice available to a patient during every
				telehealth session.
Attached
				  Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.7 - Mandatory Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee shall prominently display the licensee's current license or
				Board-issued wallet-sized license at every location where the licensee provides
				chiropractic services.
(b) At a
				non-primary location, a licensee may satisfy the requirements of subsection (a)
				of this section by ensuring a copy of the current license is visible to the
				public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.8 - Unsafe and Unsanitary Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				"Unsanitary" means a condition that could reasonably pose a risk of harm to the
				health of a patient, employee, or contractor of a licensee, or the
				public.
(b) "Unsafe" means a
				condition that could reasonably pose a risk of injury to a patient, employee,
				or contractor of a licensee, or the public.
(c) Reasonable and normal wear and tear or
				aging of chiropractic equipment does not constitute an unsafe or unsanitary
				condition.
(d) Any location where a
				licensee practices chiropractic shall be free of unsafe and unsanitary
				conditions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.9 - Closing a Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				permanently closing down a chiropractic practice should take the following
				steps to avoid patient abandonment:
(1)
				arrange with another licensee or other person to take over the licensee's duty
				to maintain patient records;
(2)
				communicate within a reasonable time to all active patients informing them of
				the closure and whom to contact for patient records or continuation of
				chiropractic care;
(3) place a
				clearly visible sign containing information of whom to contact for patient
				records or continuation of chiropractic care at all business
				locations;
(4) update all public
				listings for the chiropractic practice, including social media accounts, to
				state when the practice will close, whom to contact for patient records, and
				who will take over the duty to maintain patient records;
(5) refund any unused portion of any
				patient's prepaid treatment plan; and
(6) notify the Board in writing of the
				closure of the chiropractic practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.10 - Chiropractic Telehealth Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				provide chiropractic telehealth services to patients in compliance with this
				rule.
(b) Before providing
				chiropractic telehealth services, a licensee shall obtain a patient's written
				informed consent.
(c) A licensee
				shall use the same standard of care when providing chiropractic telehealth
				services to a patient as the licensee would in an in-person setting.
(d) When providing chiropractic telehealth
				services, a licensee shall ensure the confidentiality of a patient's clinical
				information as required by law.
(e)
				A licensee shall provide access to a copy of the licensee's license and the
				Board's mandatory notice to the public form (as found in §
									75.6(b)
				of this chapter (relating to Mandatory Notice to Public)) each time the
				licensee provides chiropractic telehealth services to a patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 75 - BUSINESS PRACTICES › Section 75.11 - Appointment Cancellation or No-Show Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A licensee or other person may charge a reasonable fee to a patient for the
				patient's failure to reasonably cancel a scheduled appointment.
(b) A licensee or other person may charge a
				reasonable fee to a patient for the patient's failure to show up at a scheduled
				appointment.
(c) If a licensee or
				other person charges a fee under this section, a licensee or other person shall
				provide to any new patient written notice of the licensee's or other person's
				exact fees, conditions, and policies under subsections (a) and (b) of this
				section before scheduling a subsequent appointment for that patient.
(d) A licensee or other person may not use a
				fee charged to a patient under this section as the basis for any claim or
				billing for chiropractic services rendered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 76 - PATIENT RECORDS AND DOCUMENTATION › Section 76.1 - Required Contents of Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				"Patient record" means any record regularly used, created, or stored by a
				licensee or other person pertaining to a patient's history, diagnosis,
				treatment, prognosis, or billing, including records of other health care
				providers, currently or having been in the possession or custody of the
				licensee or other person.
(b)
				"Initial visit" means a contact with a new patient, a patient presenting a new
				condition or illness, or a patient presenting a recurrence of a previous
				condition.
(c) A licensee shall
				ensure a patient record supports all diagnoses, treatments, services, and
				billing.
(d) A licensee shall
				ensure a patient record is timely created, accurately dated, legible, signed or
				initialed by the individual who actually performed the treatment or service,
				and contains a key to abbreviations.
(e) As a minimum, a licensee shall include
				the following in all patient records created during an initial visit:
(1) patient history;
(2) description of symptoms or purpose of the
				visit;
(3) findings of
				examinations, including imaging and laboratory records;
(4) assessment;
(5) diagnosis;
(6) prognosis;
(7) treatment plan, recommendations, and
				orders; and
(8) treatment or
				service provided and the patient's response.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 76 - PATIENT RECORDS AND DOCUMENTATION › Section 76.2 - Requests for Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				patient may request patient records be disclosed to another person or to the
				patient.
(b) A patient shall make
				the request for disclosure of patient records in writing.
(c) In a written request for disclosure of
				patient records, a patient shall include:
(1)
				the specific information or records to be disclosed; and
(2) the person to whom the records are to be
				disclosed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 76 - PATIENT RECORDS AND DOCUMENTATION › Section 76.3 - Fees for Providing Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				or other person may charge a reasonable administrative fee not to exceed $50
				for providing routine patient records in a digital-only format.
(b) A licensee or other person may charge a
				reasonable administrative fee not to exceed $25 for the first page of
				paper-only copies of routine patient records, plus $0.25 per additional
				page.
(c) A licensee or other
				person may charge a reasonable administrative fee not to exceed $50 for the
				first page of non-digital copies of routine films or other static diagnostic
				imaging studies, plus $1.00 per additional page.
(d) A licensee or other person may charge an
				additional reasonable administrative fee for providing patient records under
				subsection (a) of this section if:
(1) the
				digital records are voluminous and not routine; and
(2) the licensee or other person provides a
				written explanation of the need for the fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 76 - PATIENT RECORDS AND DOCUMENTATION › Section 76.4 - Duty to Maintain and Store Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee or other person shall maintain
				the record of a patient's treatment or service for a minimum of six years from
				the date of that treatment or service.
(b) If a patient was younger than age 18 when
				the patient last received treatment or service, a licensee or other person
				shall maintain a patient's records until a patient reaches age 21 or for six
				years from the date of last treatment or service, whichever is
				longer.
(c) If another federal or
				state law or rule, or business agreement requires a patient record to be
				maintained for a time longer than in subsections (a) and (b) of this section, a
				licensee or other person shall comply with that law, rule, or business
				agreement.
(d) A licensee or other
				person shall maintain a patient record relating to a civil, criminal, or
				administrative proceeding until the proceeding is finally resolved.
(e) A licensee or other person shall ensure
				patient records are securely stored to protect a patient's privacy.
(f) If a licensee establishes a
				doctor-patient relationship solely due to a licensee's employment by or
				contract for services with another person, a licensee's duty to maintain
				patient records created during the employment or contract ceases when the
				licensee's employment or contract ends.
(g) If a licensee establishes a
				doctor-patient relationship solely due to a licensee's participation in a
				partnership with another person, a licensee's duty to maintain patient records
				created during the partnership ceases when the licensee's participation in the
				partnership ends and the remaining partners continue the partnership.
(h) If a partnership in which a licensee is a
				partner dissolves, each licensee and person in the partnership is individually
				and jointly responsible for the maintenance of patient records unless a
				licensee or other person assumes that duty by written agreement.
(i) A licensee or other person shall
				reasonably notify a patient when the duty for maintaining patient records will
				change.
(j) A licensee or other
				person who violates this section is subject to disciplinary action.
(k) A licensee closing a practice shall
				comply with all Board rules relating to the storage and maintenance of patient
				records.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 77 - ADVERTISING AND PUBLIC COMMUNICATIONS › Section 77.1 - Advertising and Public Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee, or a licensee's employee, agent, or partner may not use or authorize
				the use of any public communication or advertising containing a false,
				misleading, deceptive, or fraudulent claim, or indicating the licensee provides
				services outside the scope of practice.
(b) In any public communication or
				advertising, if a licensee makes a claim based on a research study, the
				licensee shall:
(1) clearly identify the
				research study; and
(2) provide the
				source of the research study to the Board or the public upon
				request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 77 - ADVERTISING AND PUBLIC COMMUNICATIONS › Section 77.2 - Telemarketing

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee using telemarketing may not
				misrepresent to any person contacted that the licensee has any association with
				an insurance company.
(b) A
				licensee using telemarketing may not misrepresent to any person contacted that
				the licensee has any association with another doctor of chiropractic.
(c) A licensee using telemarketing may not
				promise the successful treatment of any condition.
(d) A licensee using telemarketing shall
				identify the licensee by name and the name of any affiliated healthcare
				practice, if any, to any person contacted.
(e) A licensee using telemarketing shall
				maintain a copy of any script used and a log of all contacts made including the
				date, telephone number, and the name of each person contacted for two
				years.
(f) A licensee shall be
				responsible for any agent, employee, or partner acting on the licensee's behalf
				who violates this section.
(g) A
				licensee violating this section is subject to disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 77 - ADVERTISING AND PUBLIC COMMUNICATIONS › Section 77.3 - Proper Use of "D.C." or Similar Terms and Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall use clear language in
				any advertising and public communication to specify the type of license the
				licensee currently holds.
(b) A
				licensee who uses the terms "doctor" or "Dr." in any public communication or
				advertising shall also clearly use the terms "doctor of chiropractic," "D.C.,"
				"chiropractor," or "chiropractic" in the public communication or
				advertising.
(c) An individual may
				not identify the individual as a "doctor of chiropractic," "D.C.," or
				"chiropractor" in any public communication or advertising without holding an
				active Texas license except as allowed by subsection (d) of this
				section.
(d) An individual who has
				earned a chiropractic academic degree but is not licensed in Texas may use the
				academic title in advertising or public communications if the advertising or
				public communications makes clear the individual is unlicensed by prominently
				modifying the terms "doctor of chiropractic," "D.C.," or "chiropractor" with
				language such as:
(1) "retired;"
(2) "pending licensure in Texas" (only if the
				individual has submitted an application to the Board);
(3) "not licensed in Texas;" or
(4) "unlicensed in Texas."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 77 - ADVERTISING AND PUBLIC COMMUNICATIONS › Section 77.4 - Misleading Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				advertising chiropractic services shall not use false, deceptive, unfair, or
				misleading advertising, including:
(1) claims
				intended or reasonably likely to embellish or create a false expectation of the
				favorable results from chiropractic treatment;
(2) claims intended or reasonably likely to
				create a false expectation of the cost of treatment or the amount of treatment
				to be provided;
(3) claims
				reasonably likely to deceive or mislead because the claims in context represent
				only a partial disclosure of the conditions and facts of the extent of
				treatment the licensee expects to provide;
(4) claims that state or imply chiropractic
				services can cure any condition;
(5) claims that chiropractic services cure or
				lessen the effects of ailments, injuries, or other disorders of the human body
				which are outside the scope of chiropractic practice;
(6) claims that state or imply the results of
				chiropractic services are guaranteed;
(7) claims that chiropractic services offer
				results that are not within the realm of scientific proof beyond testimonial
				statements or manufacturer's claims; or
(8) claims intended or reasonably likely to
				create a false expectation of the adverse consequences of not receiving
				chiropractic treatment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.1 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				The following words and terms, when used in this chapter, shall have the
				following meanings, unless the context clearly indicates otherwise:
(1) Board--The Texas Board of Chiropractic
				Examiners.
(2) CPT Codebook--The
				American Medical Association's annual Current Procedural Terminology Codebook
				(2004). The CPT Code- book has been adopted by the Centers for Medicare and
				Medicaid Services of the United States Department of Health and Human Services
				as Level I of the common procedure coding system.
(3) Cosmetic treatment--A treatment that is
				primarily intended by the licensee to address the outward appearance of a
				patient.
(4) Incision--A cut or a
				surgical wound; also, a division of the soft parts made with a knife or hot
				laser.
(5) Musculoskeletal
				system--The system of muscles and tendons and ligaments and bones and joints
				and associated tissues and nerves that move the body and maintain its
				form.
(6) On-site--The presence of
				a licensed chiropractor in the clinic, but not necessarily in the room, while a
				patient is undergoing an examination or treatment procedure or
				service.
(7) Practice of
				chiropractic--The description and terms set forth under Texas Occupations Code
				§
										201.002,
				relating to the practice of chiropractic.
(8) Subluxation--A lesion or dysfunction in a
				joint or motion segment in which alignment, movement integrity and/or
				physiological function are altered, although contact between joint surfaces
				remains intact. It is essentially a functional entity, which may influence
				biomechanical and neural integrity.
(9) Subluxation complex--A
				neuromusculoskeletal condition that involves an aberrant relationship between
				two adjacent articular structures that may have functional or pathological
				sequelae, causing an alteration in the biomechanical and/or neuro-physiological
				reflections of these articular structures, their proximal structures, and/or
				other body systems that may be directly or indirectly affected by
				them.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.2 - Prohibitions on the Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee may not:
(1) perform, prescribe, or
				order incisive or surgical procedures;
(2) prescribe controlled substances,
				dangerous drugs, or any other drug that requires a prescription;
(3) use, prescribe, or order x-ray therapy or
				therapy that exposes a body to radioactive materials;
(4) perform, prescribe, or order solely
				cosmetic treatments;
(5) use a
				needle for procedures that make an incision other than for drawing blood for
				diagnostic purposes; or
(6) perform
				manipulations or adjustments on a patient under anesthesia.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.3 - General Delegation of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				"Qualified individual" means an unlicensed individual with adequate education,
				training, and skill to perform an act.
(b) A licensee may not delegate
				responsibility to render a diagnosis, prescribe a treatment plan, or perform
				adjustments or manipulations under this section.
(c) A licensee may delegate responsibility to
				a qualified individual to perform acts within the scope of practice, including:
(1) taking a medical history;
(2) taking or recording vital
				signs;
(3) taking or recording
				range of motion measurements;
(4)
				performing physical treatments or modalities;
(5) demonstrating exercises or
				stretches;
(6) demonstrating the
				use of supports and devices; or
(7)
				performing radiological procedures.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.4 - Delegation to Chiropractic Students

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee may delegate responsibility to a chiropractic student under this
				section if:
(1) the licensee has held an
				active chiropractic license in good standing in Texas or another jurisdiction
				for five years; and
(2) the
				licensee has been licensed by the Board for at least one
				year.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.5 - Delegation of Radiologic Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee may delegate a radiologic procedure within the chiropractic scope of
				practice to an individual who has documented training and experience.
(b) A licensee shall be responsible for any
				delegated radiologic procedure.
(c)
				A licensee shall document the education, experience, or any other
				qualifications of an individual to whom a licensee intends to delegate the
				authority to perform any radiologic procedure.
(d) A licensee, or other licensed individual
				with delegation authority, shall be on the premises of any place of business
				while a delegated radiologic procedure is performed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.6 - Required Diligence in the Practice of Chiropractic

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall:
(1) conform to the generally accepted
				standards of practice of the chiropractic profession in Texas;
(2) properly evaluate a patient;
(3) obtain a patient's informed consent for
				any treatment;
(4) protect a
				patient's privacy, dignity, safety, and confidential records;
(5) timely transfer a patient's
				records;
(6) timely refer a patient
				to an appropriate health care provider for diagnosis or treatment for a
				condition outside the scope of practice;
(7) timely refer a patient to an appropriate
				health care provider for diagnosis or treatment for a condition within the
				scope of practice, but which requires a diagnosis or treatment that exceeds the
				licensee's abilities or limitations; and
(8) adequately supervise staff, students, and
				recent graduates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.7 - Delegation to Recent Graduates

Current through Reg. 49, No. 28; July 12, 2024
(a) "Recent
				graduate" is an individual who has graduated within the previous 12 months from
				an accredited chiropractic college.
(b) A licensee may delegate responsibility to
				a recent graduate under this section if:
(1)
				the licensee has held an active chiropractic license in good standing in Texas
				or another jurisdiction for five years; and
(2) the licensee has been licensed by the
				Board for at least one year.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.10 - Prohibitions on Animal Chiropractic

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				definition of "animal chiropractic" is under the jurisdiction of the Texas
				Board of Veterinary Medical Examiners (TBVME).
(b) Animal chiropractic is outside the
				chiropractic scope of practice in Texas.
(c) A licensee may practice animal
				chiropractic only if done in compliance with the rules on animal chiropractic
				adopted by TBVME.
(d) A licensee
				advertising animal chiropractic services is exempt from the Board's rules that
				prohibit advertising services outside the scope of practice if the services are
				provided in compliance with subsection (c) of this section.
(e) A licensee practicing animal chiropractic
				not in compliance with subsection (c) of this section is subject to
				disciplinary action for practicing outside the scope of practice.
(f) A licensee advertising animal
				chiropractic services not in compliance with subsection (d) of this section is
				subject to disciplinary action for advertising services outside the scope of
				practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 78 - SCOPE OF PRACTICE AND DELEGATION › Section 78.14 - Acupuncture

Current through Reg. 49, No. 28; July 12, 2024
(a) Acupuncture, and the related practices of
				acupressure and meridian therapy, includes methods for diagnosing and treating
				a patient by stimulating specific points on or within the musculoskeletal
				system by various means, including manipulation, heat, cold, pressure,
				vibration, laser, ultrasound, light electrocurrent, and the insertion of
				acupuncture needles or solid filiform needles for the purpose of obtaining a
				bio-positive reflex response by nerve stimulation.
(b) A licensee shall practice acupuncture
				only after obtaining a permit from the Texas Board of Chiropractic Examiners
				(Board).
(c) The Board shall place
				on each renewal license to practice chiropractic a statement that a licensee
				who has met all Board requirements is permitted to practice
				acupuncture.
(d) A licensee with an
				acupuncture permit may not delegate the performance of acupuncture.
(e) A licensee in good standing with the
				Board may obtain an acupuncture permit by:
(1) completing at least 100 hours of
				acupuncture training and passing the National Board of Chiropractic Examiners'
				acupuncture exam;
(2) demonstrating
				that the licensee had a chiropractic license and passed an exam in a 100 hour
				acupuncture course before January 1, 2010; or
(3) demonstrating that the licensee completed
				substantial acupuncture training before January 1, 2000, and practiced
				acupuncture for at least ten years before January 1, 2010.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 79 - UNPROFESSIONAL CONDUCT › Section 79.1 - Inappropriate Sexual Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee,
				or a chiropractic college student or recent graduate employed by or under the
				supervision of a licensee, may not:
(1)
				engage in a consensual sexual relationship with a patient;
(2) inappropriately touch an individual's
				genitals, anus, or breasts;
(3)
				make any statements, gestures, or expressions, using any means, towards an
				individual which may reasonably be interpreted as sexual in nature;
(4) request unnecessary details of an
				individual's sexual history or sexual preferences;
(5) request to initiate an intimate
				relationship with a patient;
(6)
				discuss the licensee's sexual desires, problems, preferences, or
				fantasies;
(7) request sexual acts
				or favors in exchange for services;
(8) inappropriately expose genitalia or other
				customarily covered body parts to an individual; or
(9) masturbate in the presence of an
				individual.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 79 - UNPROFESSIONAL CONDUCT › Section 79.2 - Lack of Diligence

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				not:
(1) perform or attempt to perform
				procedures for which the licensee is untrained;
(2) delegate responsibilities to an untrained
				individual;
(3) physically harm or
				allow physical harm to an individual;
(4) abandon a patient without reasonable
				cause and adequate notice; or
(5)
				expose an individual to unsafe or unsanitary conditions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 79 - UNPROFESSIONAL CONDUCT › Section 79.3 - Financial Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				not commit fraud in the charging or billing of goods or services.
(b) A licensee may not charge or bill a
				patient or a third party for goods or services that are clearly
				excessive.
(c) A licensee may not
				submit a claim for goods or services that are not sold or rendered.
(d) A licensee who violates this section is
				subject to disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 79 - UNPROFESSIONAL CONDUCT › Section 79.4 - Impaired Licensees and Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Board may require a licensee to undergo a mental or physical examination by a
				Board-designated health care provider if the Board has reasonable cause to
				believe the licensee is impaired.
(b) A licensee is impaired if the licensee is
				unable to practice chiropractic with reasonable skill and safety because of
				substance abuse or any mental or physical condition.
(c) The Board may require an applicant for a
				license to undergo an examination under subsection (a) of this section as a
				condition of licensure.
(d)
				Reasonable cause includes:
(1) a sworn
				statement from an individual with actual knowledge of relevant facts that a
				licensee is impaired;
(2) evidence
				that a licensee or applicant left a substance abuse treatment program before
				completion;
(3) evidence of
				repeated arrests for intoxication or offenses in which intoxication is a
				factor;
(4) evidence of repeated
				temporary mental health confinements;
(5) evidence of a chronic illness or
				condition that prevents an individual from safely practicing chiropractic;
				or
(6) any other evidence the Board
				believes shows a licensee or applicant is a danger to the public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 79 - UNPROFESSIONAL CONDUCT › Section 79.5 - Associating with an Unlicensed Individual

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In the practice of chiropractic, a licensee may not knowingly employ, contract
				with, or associate with an individual whose license to practice chiropractic
				has been:
(1) suspended;
(2) revoked; or
(3) surrendered in lieu of
				discipline.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.1 - Duty to Respond to Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee shall fully cooperate with the Board in its investigation of any
				complaint.
(b) A licensee shall
				fully cooperate with any Board request for information or documents relating to
				any complaint.
(c) The Board shall
				send notice of a complaint by registered mail to a licensee's physical address
				on file with the Board.
(d) A
				licensee's last known physical and email address filed with the Board is
				presumed current.
(e) A licensee's
				response to a complaint or request for information or documents shall be in
				writing and sent to the Board no later than the 15th day after receipt of the
				notice of complaint or request.
(f)
				A licensee's response to a complaint or request for information or documents
				shall be complete.
(g) A licensee
				shall make any request to extend the time to respond in writing before the
				deadline in subsection (e) of this section expires.
(h) A licensee who fails to timely respond to
				a complaint or request is subject to disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.2 - Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				file a complaint on the complaint form available on the Board's website or upon
				request to the Board office.
(b)
				The Board shall investigate all complaints.
(c) A complaint shall contain all necessary
				information available, including:
(1) the
				complainant's name, address, phone number, and email address;
(2) the name, address, phone number, and
				email address of the licensee or other person against whom the complaint is
				made;
(3) the date, time, and
				location where the alleged violation occurred; and
(4) a description of the incident giving rise
				to the complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.3 - Disciplinary Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				take disciplinary action against a licensee or other person who violates a
				statute or rule under the Board's jurisdiction.
(b) The Board's disciplinary actions shall
				consider the seriousness of the violation, any harm to a patient, the
				circumstances of the licensee, and the Board's duty to protect the
				public.
(c) Disciplinary action may
				include one or more of the following:
(1)
				revocation of license;
(2)
				suspension of license;
(3)
				suspension with probation;
(4)
				written formal reprimand;
(5)
				administrative penalty;
(6) repeat
				taking of the jurisprudence exam; and
(7) additional continuing
				education.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.4 - Schedule of Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				table contains the categories of penalties for violations of statutes and laws
				under the Board's jurisdiction.
Attached
				  Graphic
(b) All
				violations of statutes and rules under the Board's jurisdiction are subject to
				a maximum penalty of up to $1000 per violation per day and license revocation.
(c) "Category I" means violations
				the Board shall report to national practitioner databases as required by law.
(d) "Category II" means violations
				the Board shall report to national practitioner databases only if the violation
				is egregious or the licensee has a significant history of similar
				administrative violations.
(e) Any
				violation of statute or rule not listed in the attached graphic under
				subsection (a) of this section is subject to the penalties in subsection (b) of
				this section.