Texas chiropractors are licensed and regulated by the Texas Board of Chiropractic Examiners (TBCE). The Board functions to ensure that chiropractors have a strong understanding of their profession and ethical expectations. Recently the Board voted to propose rule changes and those are now pending adoption.
The proposed rule changes address a number of important concerns for chiropractors. The topics addressed include:
- Place of Business
- Mandatory Notice to the Public
- Mandatory Display of License
- Unsafe and Unsanitary Conditions
- Duty to Respond to Complaint
- Complaint Procedures
- Disciplinary Guidelines
- Expert Review Process
- Undercover Investigations
- Cease and Desist Orders
- Emergency Suspension of License
You can review the complete list of proposed rule changes in the July 12, 2019 issue of the Texas Register. The purpose of many of the amendments is to make the rules more readable and to delete unnecessary verbiage.
The proposed amendments to the disciplinary guidelines are to make it clear when the Board will not report minor administrative violations to the national database. 22 Tex. Admin. Code§ 80.3. The changes are also intended to make it more readable and remove unnecessary language.
Under the proposed rule change, the Board shall consider public final disciplinary actions against Texas chiropractors for "actions involving criminal acts, physical or economic harm to patients, or serious violations of statute or rule to the Chiropractic Information Network-Board Action Data Bank (CIN-BAD) or other national data bank as required by law." Proposed Amendment to 22 Tex. Admin Code §80.3(i).
Further, should the rule amendment be adopted, the Board will only be permitted to " transmit final disciplinary actions that involve criminal acts, physical or economic harm to patients, or serious violations of statute or rule." Proposed Amendment to 22 Tex. Admin Code §80.3(j).
Unsafe and Unsanitary Conditions
The purpose of this new rule on unsafe and unsanitary conditions is to establish basic sanitary and safety standards for locations where chiropractic care is practiced in Texas. These amendments are in response to a recommendation made by the Texas Sunset Commission when it reviewed the necessity for and efficacy of the TBCE. If adopted, this rule will create an entirely new code section under 22 Tex. Admin. Code §75.8.
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.