Texas 2009 - 81st Regular

Texas House Bill HB3450 Compare Versions

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1	1	H.B. No. 3450
2	2
3	3
4	4	AN ACT
5	5	relating to a temporary faculty license for chiropractic faculty.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 201.308, Occupations Code, is amended by
8	8	adding Subsections (c) through (n) to read as follows:
9	9	(c) The board may issue a temporary faculty license to
10	10	practice chiropractic to a person as provided by this section. The
11	11	person:
12	12	(1) must hold a current chiropractic license that is
13	13	unrestricted and not subject to a disciplinary order or probation
14	14	in another state or a Canadian province;
15	15	(2) may not hold a chiropractic license in another
16	16	state or a Canadian province that has any restrictions,
17	17	disciplinary orders, or probation;
18	18	(3) must pass the examination required under Section
19	19	201.304(a)(2);
20	20	(4) must have been engaged in the practice of
21	21	chiropractic:
22	22	(A) for at least the three years preceding the
23	23	date of the application under this section; or
24	24	(B) as a chiropractic educator in a doctor of
25	25	chiropractic degree program accredited by the Council on
26	26	Chiropractic Education for at least the three years preceding the
27	27	date of the application under this section; and
28	28	(5) must hold a salaried faculty position of at least
29	29	the level of assistant professor and be working full-time at:
30	30	(A) Parker College of Chiropractic; or
31	31	(B) Texas Chiropractic College.
32	32	(d) A person is eligible for a temporary license under
33	33	Subsection (c) if the person holds a faculty position of at least
34	34	the level of assistant professor, the person works at least
35	35	part-time at an institution listed in Subsection (c)(5), and:
36	36	(1) the person is on active duty in the United States
37	37	armed forces; and
38	38	(2) the person's practice under the temporary license
39	39	will fulfill critical needs of the citizens of this state.
40	40	(e) A chiropractor who is issued a temporary license under
41	41	Subsection (c) must sign an oath on a form prescribed by the board
42	42	swearing that the person:
43	43	(1) has read and is familiar with this chapter and
44	44	board rules;
45	45	(2) will abide by the requirements of this chapter and
46	46	board rules while practicing under the chiropractor's temporary
47	47	license; and
48	48	(3) will be subject to the disciplinary procedures of
49	49	the board.
50	50	(f) A chiropractor holding a temporary license under
51	51	Subsection (c) and the chiropractor's chiropractic school must file
52	52	affidavits with the board affirming acceptance of the terms and
53	53	limits imposed by the board on the chiropractic activities of the
54	54	chiropractor.
55	55	(g) A temporary license issued under Subsection (c) is valid
56	56	for one year.
57	57	(h) The holder of a temporary license issued under
58	58	Subsection (c) is limited to the teaching confines of the applying
59	59	chiropractic school as a part of the chiropractor's duties and
60	60	responsibilities assigned by the program and may not practice
61	61	chiropractic outside of the setting of the chiropractic school or
62	62	an affiliate of the chiropractic school.
63	63	(i) The application for a temporary license under
64	64	Subsection (c) must be made by the chiropractic school in which the
65	65	chiropractor teaches and must contain the information and
66	66	documentation requested by the board. The application must be
67	67	endorsed by the dean of the chiropractic school or the president of
68	68	the institution.
69	69	(j) A chiropractor who holds a temporary license issued
70	70	under Subsection (c) and who wishes to receive a permanent
71	71	unrestricted license must meet the requirements for issuance of a
72	72	permanent unrestricted license, including any examination
73	73	requirements.
74	74	(k) The board shall adopt:
75	75	(1) rules governing the issuance of a renewal
76	76	temporary faculty license, including a rule that permits a person
77	77	licensed under Subsection (c) to continue teaching while an
78	78	application for a renewal temporary license is pending;
79	79	(2) fees for the issuance of a temporary license and a
80	80	renewal temporary license; and
81	81	(3) an application form for temporary licenses and
82	82	renewal temporary licenses to be issued under this section.
83	83	(l) The fee for a renewal temporary license issued under
84	84	Subsection (k)(1) must be less than the amount of the fee for a
85	85	temporary license issued under Subsection (c).
86	86	(m) A chiropractic school shall notify the board not later
87	87	than 72 hours after the time:
88	88	(1) except as provided by Subdivision (2), a
89	89	chiropractor licensed under Subsection (c) ceases to hold a
90	90	full-time salaried position of at least the level of assistant
91	91	professor at the school; and
92	92	(2) a chiropractor described by Subsection (d) ceases
93	93	to hold a part-time salaried position of at least the level of
94	94	assistant professor at the school.
95	95	(n) The board shall revoke a license issued under this
96	96	section if the license holder no longer satisfies the requirements
97	97	of this section.
98	98	SECTION 2. Not later than January 1, 2010, the Texas Board
99	99	of Chiropractic Examiners shall adopt rules, fees, and forms as
100	100	required by Section 201.308, Occupations Code, as amended by this
101	101	Act.
102	102	SECTION 3. This Act takes effect September 1, 2009.
103	103	______________________________ ______________________________
104	104	President of the Senate Speaker of the House
105	105	I certify that H.B. No. 3450 was passed by the House on May 1,
106	106	2009, by the following vote: Yeas 136, Nays 0, 1 present, not
107	107	voting.
108	108	______________________________
109	109	Chief Clerk of the House
110	110	I certify that H.B. No. 3450 was passed by the Senate on May
111	111	26, 2009, by the following vote: Yeas 31, Nays 0.
112	112	______________________________
113	113	Secretary of the Senate
114	114	APPROVED: _____________________
115	115	Date
116	116	_____________________
117	117	Governor