H.B. No. 3450
AN ACT
relating to a temporary faculty license for chiropractic faculty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.308, Occupations Code, is amended by
adding Subsections (c) through (n) to read as follows:
(c) The board may issue a temporary faculty license to
practice chiropractic to a person as provided by this section. The
person:
(1) must hold a current chiropractic license that is
unrestricted and not subject to a disciplinary order or probation
in another state or a Canadian province;
(2) may not hold a chiropractic license in another
state or a Canadian province that has any restrictions,
disciplinary orders, or probation;
(3) must pass the examination required under Section
201.304(a)(2);
(4) must have been engaged in the practice of
chiropractic:
(A) for at least the three years preceding the
date of the application under this section; or
(B) as a chiropractic educator in a doctor of
chiropractic degree program accredited by the Council on
Chiropractic Education for at least the three years preceding the
date of the application under this section; and
(5) must hold a salaried faculty position of at least
the level of assistant professor and be working full-time at:
(A) Parker College of Chiropractic; or
(B) Texas Chiropractic College.
(d) A person is eligible for a temporary license under
Subsection (c) if the person holds a faculty position of at least
the level of assistant professor, the person works at least
part-time at an institution listed in Subsection (c)(5), and:
(1) the person is on active duty in the United States
armed forces; and
(2) the person's practice under the temporary license
will fulfill critical needs of the citizens of this state.
(e) A chiropractor who is issued a temporary license under
Subsection (c) must sign an oath on a form prescribed by the board
swearing that the person:
(1) has read and is familiar with this chapter and
board rules;
(2) will abide by the requirements of this chapter and
board rules while practicing under the chiropractor's temporary
license; and
(3) will be subject to the disciplinary procedures of
the board.
(f) A chiropractor holding a temporary license under
Subsection (c) and the chiropractor's chiropractic school must file
affidavits with the board affirming acceptance of the terms and
limits imposed by the board on the chiropractic activities of the
chiropractor.
(g) A temporary license issued under Subsection (c) is valid
for one year.
(h) The holder of a temporary license issued under
Subsection (c) is limited to the teaching confines of the applying
chiropractic school as a part of the chiropractor's duties and
responsibilities assigned by the program and may not practice
chiropractic outside of the setting of the chiropractic school or
an affiliate of the chiropractic school.
(i) The application for a temporary license under
Subsection (c) must be made by the chiropractic school in which the
chiropractor teaches and must contain the information and
documentation requested by the board. The application must be
endorsed by the dean of the chiropractic school or the president of
the institution.
(j) A chiropractor who holds a temporary license issued
under Subsection (c) and who wishes to receive a permanent
unrestricted license must meet the requirements for issuance of a
permanent unrestricted license, including any examination
requirements.
(k) The board shall adopt:
(1) rules governing the issuance of a renewal
temporary faculty license, including a rule that permits a person
licensed under Subsection (c) to continue teaching while an
application for a renewal temporary license is pending;
(2) fees for the issuance of a temporary license and a
renewal temporary license; and
(3) an application form for temporary licenses and
renewal temporary licenses to be issued under this section.
(l) The fee for a renewal temporary license issued under
Subsection (k)(1) must be less than the amount of the fee for a
temporary license issued under Subsection (c).
(m) A chiropractic school shall notify the board not later
than 72 hours after the time:
(1) except as provided by Subdivision (2), a
chiropractor licensed under Subsection (c) ceases to hold a
full-time salaried position of at least the level of assistant
professor at the school; and
(2) a chiropractor described by Subsection (d) ceases
to hold a part-time salaried position of at least the level of
assistant professor at the school.
(n) The board shall revoke a license issued under this
section if the license holder no longer satisfies the requirements
of this section.
SECTION 2. Not later than January 1, 2010, the Texas Board
of Chiropractic Examiners shall adopt rules, fees, and forms as
required by Section 201.308, Occupations Code, as amended by this
Act.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3450 was passed by the House on May 1,
2009, by the following vote: Yeas 136, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3450 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor