Texas Senate Bill 304 made several statutory modifications to the Texas Board of Chiropractic Examiners (TBCE), which is the regulatory agency in charge of licensing Texas Chiropractors. Specifically, new laws have been enacted regarding how complaints made to the TBCE are handled.
New Laws on Complaints Against Texas Chiropractors
The Board may not accept anonymous complaints. Tex. Occ. Code §201.2065(b). An "anonymous complaint" is defined as a complaint that "lacks sufficient information to identify the source or the name of the person who filed the complaint." Tex. Occ. Code §201.2065(a)(1).
Also, 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 agent, insurer, company, or administrator filing the complaint. Tex. Occ. Code §201.2065(c). SB 304 requires the board, not later than 15 days after the date the complaint is filed with the board, to notify the license holder who is the subject of the complaint of the name and address of the agent, insurer, company, or administrator who filed the complaint, unless the notice would jeopardize an investigation. Tex. Occ. Code §201.2065(d).
SB 304 further repeals statutory provisions requiring the board to appoint local chiropractic peer review committees. The new law requires the Board to develop an expert review process designed to assist the Board with the investigations of complaints that require additional chiropractic expertise. Under the new rule, the Board must:
- Determine the type of complaints that require potential expert review, including standard of care complaints;
- Create a list of qualified experts to review complaints that require additional chiropractic expertise; and
- 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. Occ. Code §201.210(b).
The Texas Chiropractic Association says that SB 304 upholds the right of licensed doctors of chiropractic in Texas to diagnose patients and "caps a historic legislative session for the chiropractic profession in Texas."
The TBCE assesses all complaints it receives. If after an investigation the Board finds that a violation of the Chiropractic Act or Texas Administrative Code exists, the Board may take disciplinary action ranging from a written reprimand to revocation of the Chiropractor's license.
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.