Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002 Page: 608
529-656 p. ; 28 cm.View a full description of this periodical.
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PART 3. TEXAS BOARD OF
CHIROPRACTIC EXAMINERS
CHAPTER 71. APPLICATIONS AND
APPLICANTS
22 TAC 71.9
The Texas Board of Chiropractic Examiners adopts new 71.9,
relating to applicants who fail to appear at a scheduled exami-
nation, without changes to the proposed text as published in the
October 12, 2001, issue of the Texas Register(26 TexReg 7972)
and will not be republished.
The new section will allow an applicant who gives prior notice of
the inability to take an examination or who provides the board
with an acceptable excuse to re-take the examination without re-
paying another examination fee. Currently, an applicant is re-
quired to submit a non-refundable examination fee for the ju-
risprudence examination. If the applicant does not take the ex-
amination regardless of the reason, it has been the practice of
the board to apply the fee to a subsequent application for ex-
amination. Under the new 71.9, if an applicant simply fails to
appear and has no acceptable excuse, the applicant will be re-
quired to submit another examination fee for taking the exami-
nation. In fiscal year 2001, there was an average of three ap-
plicants per exam who failed to appear for the scheduled exam,
giving no advance notice to the board. Some applicants failed to
appear on more than one occasion. The board hopes that the
rule will significantly reduce the number of no shows at the ju-
risprudence examinations, by providing an incentive to show up
or to give the board notice of non-appearance prior to the exam
in order to avoid paying multiple examination fees.
No comments were received regarding adoption of the rule.
The new section is adopted under the Occupations Code
201.152, which the board interprets as authorizing it to adopt
rules necessary for the performance of its duties, and specifi-
cally, for the examination of an applicant for a license to practice
chiropractic.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2002.
TRD-200200156
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2002
Proposal publication date: October 12, 2001
For further information, please call: (512) 305-6709
CHAPTER 73. LICENSES AND RENEWALS
22 TAC 73.2
The Texas Board of Chiropractic Examiners adopts an amend-
ment to 73.2, relating to renewal of a chiropractic license, with-
out changes to the proposed text as published in the November2, 2001, issue of the Texas Register (26 TexReg 8656) and will
not be republished.
S.B. 171, as enacted by the 77th Legislature, and effective
September 1, 2001, allows a person whose chiropractic license
has been expired for more than one year but not more than three
years to renew without reexamination and compliance with the
requirements and procedures for an original license if the board
determines that good cause exists for the nonrenewal. The
board, by rule, is required to establish criteria to use in making
this determination. The adoption amends 73.2(d) by adding
new paragraphs (6) and (7), which set out the requirements for
renewal in this situation and the criteria that the board will use
in considering applications. Good cause is defined basically as
extenuating circumstances beyond the control of the applicant.
Example are provided. A licensee who practices with an expired
license is not eligible.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Occupations Code
201.152, which the board interprets as authorizing it to
adopt rules necessary for the performance of its duties; and
201.354(g), which the board interprets as requiring it to adopt
criteria, by rule, for determining whether or not certain licensees
who has failed to renew their chiropractic licenses timely, may
renew without examination.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2002.
TRD-200200157
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: February 3, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 305-6709
22 TAC 73.3
The Texas Board of Chiropractic Examiners adopts an amend-
ment to 73.3, relating to continuing education, without changes
to the proposed text as published in the November 23, 2001, is-
sue of the Texas Register (26 TexReg 9501). The text of the
rule as amended will not be republished. The amendment limits
the number of continuing education hours that a licensee may
take through online courses over the Internet to four hours each
year. The Board, at its September 13 meeting, approved the
University of Bridgeport College of Chiropractic as an approved
sponsor for online courses, through its online program. The
Board desires to make online courses available to enhance the
choice of courses available. At the same time, it is the opin-
ion of the Board that the majority of continuing education should
be obtained through attendance at live seminars or conferences
where in-person interaction with instructors and other partici-
pants occurs. The amendments provide greater flexibility to li-
censees in selecting the subject matter and format of courses
while still requiring the majority of hours of continuing education
to be through in-person attendance. The amendments also allow
a person who is medically unable to attend courses to acquire all27 TexReg 608 January 25, 2002
Texas Register
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Texas. Secretary of State. Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002, periodical, January 25, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113987/m1/78/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.