The Texas Board of Chiropractic Examiners (TBCE) regulates the practice of chiropractic care in Texas. The Board functions to protect the health and welfare of the people of Texas and it carries out its mission by licensing skilled professionals and enforcing standards of practice. To that end, earlier in the year the Board adopted rule amendments and those are now in effect.
Rule 77.4 on Misleading Claims regulates advertising and communications by chiropractors. The Rule was amended to clarify that claims made by chiropractors to patients, if untrue or exaggerated, regarding the negative consequences of not receiving chiropractic treatment may also be misleading.
Amended Rule 77.4 includes the addition of subsection (a)(8), which reads:
- A person advertising chiropractic services shall not use false, deceptive, unfair, or misleading advertising, including:
- (8) claims intended or reasonably likely to create a false expectation of the adverse consequences of not receiving chiropractic treatment.
22 Tex. Admin. Code §77.4(a)(8). Considering the extended scope of this amended rule, it is even more critical for licensed chiropractors in Texas to be particularly mindful when conveying to patients advice regarding potential adverse outcomes from declining the recommended chiropractic treatment.
Schedule of Disciplinary Sanctions
The Board voted to repeal the previous schedule of disciplinary sanctions and replace it with a new Rule 80.4 Schedule of Penalties. The primary purpose of the repeal and replace amendment was to bring the Board's rules in compliance with Board's Sunset Bill changes to Texas Occupations Code Chapter 201, which eliminated the requirement that chiropractic facilities register with the TBCE. This amendment also serves to update the schedule of penalties to reflect new rule cites since the renumbering and renaming of a majority of the Board rules in November 2018.
Rule 80.4 contains a table noting "the maximum administrative penalty the Board my impose for each category of violation of statues and rules under the Board's jurisdiction[.]" 22 Tex. Admin. Code §80.4(a). The Maximum Penalties Table can be viewed here. For violations not listed in the table for which the Board may impose disciplinary action, the maximum penalty is up to $1,000 and license revocation. 22 Tex. Admin. Code §80.4(b).
Chiropractic License Defense Attorneys
If you have been notified of a complaint filed against you with the Texas Board of Chiropractic Examiners, BERTOLINO LLP can help. We are experienced Chiropractic license defense attorneys and we know how to navigate the TBCE's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our firm believes that immediately consulting an experienced Chiropractic Board license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.
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