Texas 2017 - 85th Regular

Texas House Bill HB2547 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11875 YDB-D
2	2	By: Raymond H.B. No. 2547
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Board of
8	8	Chiropractic Examiners; authorizing a reduction in fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 201.002(b), Occupations Code, is amended
11	11	to read as follows:
12	12	(b) A person practices chiropractic under this chapter if
13	13	the person:
14	14	(1) uses objective or subjective means to diagnose,
15	15	analyze, examine, or evaluate the biomechanical condition of the
16	16	spine and musculoskeletal system of the human body;
17	17	(2) performs nonsurgical, nonincisive procedures,
18	18	including adjustment and manipulation, to improve the subluxation
19	19	complex or the biomechanics of the musculoskeletal system;
20	20	(3) represents to the public that the person is a
21	21	chiropractor; or
22	22	(4) uses the term "chiropractor," "chiropractic,"
23	23	"doctor of chiropractic," "D.C.," or any derivative of those terms
24	24	or initials in connection with the person's name.
25	25	SECTION 2. Section 201.004, Occupations Code, is amended to
26	26	read as follows:
27	27	Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of
28	28	Chiropractic Examiners is subject to Chapter 325, Government Code
29	29	(Texas Sunset Act). Unless continued in existence as provided by
30	30	that chapter, the board is abolished and this chapter expires
31	31	September 1, 2029 [2017].
32	32	SECTION 3. Section 201.061, Occupations Code, is amended by
33	33	amending Subsection (b) and adding Subsection (d) to read as
34	34	follows:
35	35	(b) The training program must provide the person with
36	36	information regarding:
37	37	(1) this chapter;
38	38	(2) [and] the board's programs, functions, rules, and
39	39	budget;
40	40	(3) the scope of and limitations on the board's
41	41	rulemaking authority;
42	42	(4) [(2)] the results of the most recent formal audit
43	43	of the board;
44	44	(5) [(3)] the requirements of:
45	45	(A) laws relating to open meetings, public
46	46	information, administrative procedure, and disclosing conflicts of
47	47	interest; and
48	48	(B) other laws applicable to members of the board
49	49	in performing their duties; and
50	50	(6) [(4)] any applicable ethics policies adopted by
51	51	the board or the Texas Ethics Commission.
52	52	(d) The executive director of the board shall create a
53	53	training manual that includes the information required by
54	54	Subsection (b). The executive director shall distribute a copy of
55	55	the training manual annually to each board member. On receipt of
56	56	the training manual, each board member shall sign and submit to the
57	57	executive director a statement acknowledging receipt of the
58	58	training manual.
59	59	SECTION 4. Section 201.153(a), Occupations Code, is amended
60	60	to read as follows:
61	61	(a) The board by rule shall set fees in amounts reasonable
62	62	and necessary to cover the costs of administering this chapter.
63	63	[The board may not set a fee in an amount that is less than the
64	64	amount of that fee on September 1, 1993.]
65	65	SECTION 5. The heading to Section 201.206, Occupations
66	66	Code, is amended to read as follows:
67	67	Sec. 201.206. CONFIDENTIALITY OF COMPLAINTS, INVESTIGATION
68	68	FILES, AND OTHER INFORMATION.
69	69	SECTION 6. Section 201.206, Occupations Code, is amended by
70	70	amending Subsection (a) and adding Subsections (c-1) and (f) to
71	71	read as follows:
72	72	(a) Each complaint, adverse report, investigation file, and
73	73	other investigation report and all other investigative information
74	74	in the possession of or received or gathered by the board or the
75	75	board's employees or agents relating to a license holder, an
76	76	application for a license, or a criminal investigation or
77	77	proceeding is privileged and confidential and is [The board's
78	78	investigation files are confidential, privileged, and] not subject
79	79	to discovery, subpoena, or any other means of legal compulsion for
80	80	release to anyone other than [to] the board or an employee or agent
81	81	of the board involved in any disciplinary action relating to a
82	82	license holder.
83	83	(c-1) The board's providing of information under Subsection
84	84	(c) does not constitute a waiver of a privilege or confidentiality
85	85	under this chapter or any other law.
86	86	(f) The board shall protect the identity of a complainant to
87	87	the extent possible.
88	88	SECTION 7. Subchapter E, Chapter 201, Occupations Code, is
89	89	amended by adding Section 201.2065 to read as follows:
90	90	Sec. 201.2065. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
91	91	In this section:
92	92	(1) "Anonymous complaint" means a complaint that lacks
93	93	sufficient information to identify the source or the name of the
94	94	person who filed the complaint.
95	95	(2) "Insurance agent" means a person licensed under
96	96	Chapter 4054, Insurance Code.
97	97	(3) "Insurer" means an insurance company or other
98	98	entity authorized to engage in the business of insurance under
99	99	Subtitle C, Title 6, Insurance Code.
100	100	(4) "Third-party administrator" means a person
101	101	required to have a certificate of authority under Chapter 4151,
102	102	Insurance Code.
103	103	(b) The board may not accept anonymous complaints.
104	104	(c) Notwithstanding any confidentiality requirements under
105	105	Chapter 552, Government Code, or this chapter, a complaint filed
106	106	with the board by an insurance agent, insurer, pharmaceutical
107	107	company, or third-party administrator against a license holder must
108	108	include the name and address of the insurance agent, insurer,
109	109	pharmaceutical company, or third-party administrator filing the
110	110	complaint.
111	111	(d) Not later than the 15th day after the date the complaint
112	112	is filed with the board, the board shall notify the license holder
113	113	who is the subject of the complaint of the name and address of the
114	114	insurance agent, insurer, pharmaceutical company, or third-party
115	115	administrator who filed the complaint, unless the notice would
116	116	jeopardize an investigation.
117	117	SECTION 8. Subchapter E, Chapter 201, Occupations Code, is
118	118	amended by adding Section 201.210 to read as follows:
119	119	Sec. 201.210. EXPERT REVIEW PROCESS. (a) The board by rule
120	120	shall develop an expert review process to assist the board with the
121	121	investigation of complaints filed with the board that require
122	122	additional chiropractic expertise.
123	123	(b) The board shall:
124	124	(1) determine the type of complaints that require
125	125	potential expert review, including standard of care complaints;
126	126	(2) create a list of qualified experts to review
127	127	complaints that require additional chiropractic expertise; and
128	128	(3) establish a method for assigning an expert to a
129	129	complaint that ensures unbiased assignments of complaints,
130	130	maintains confidentiality of complaints, and avoids conflicts of
131	131	interest related to complaints.
132	132	(c) The rules adopted under this section must address:
133	133	(1) the qualifications of the experts who may review
134	134	complaints;
135	135	(2) the grounds for removal of an expert who is
136	136	assigned to review a complaint;
137	137	(3) the time in which a complaint that requires expert
138	138	review must be resolved; and
139	139	(4) the content and format of expert review documents.
140	140	(d) The board may contract with a qualified expert on the
141	141	list created under this section to assist the board in the
142	142	investigation of a complaint that requires additional chiropractic
143	143	expertise.
144	144	SECTION 9. Section 201.302(a), Occupations Code, is amended
145	145	to read as follows:
146	146	(a) An applicant for a license by examination must present
147	147	satisfactory evidence to the board that the applicant:
148	148	(1) is at least 18 years of age;
149	149	(2) [is of good moral character;
150	150	[(3)] has completed 90 semester hours of college
151	151	courses other than courses included in a doctor of chiropractic
152	152	degree program; and
153	153	(3) [(4)] is either a graduate or a final semester
154	154	student of a bona fide reputable doctor of chiropractic degree
155	155	program.
156	156	SECTION 10. Section 201.303(d), Occupations Code, is
157	157	amended to read as follows:
158	158	(d) A bona fide reputable doctor of chiropractic degree
159	159	program that satisfies Section 201.302(a)(3) [201.302(a)(4)] is
160	160	one that:
161	161	(1) has entrance requirements and a course of
162	162	instruction as high as those of a better class of doctor of
163	163	chiropractic degree programs in the United States;
164	164	(2) maintains a resident course of instruction
165	165	equivalent to:
166	166	(A) not less than four terms of eight months
167	167	each; or
168	168	(B) not less than the number of semester hours
169	169	required by The University of Texas for a bachelor of arts or
170	170	bachelor of science degree;
171	171	(3) provides a course of instruction in the
172	172	fundamental subjects listed in Section 201.305(b); and
173	173	(4) has the necessary teaching staff and facilities
174	174	for proper instruction in all of the fundamental subjects listed in
175	175	Section 201.305(b).
176	176	SECTION 11. Section 201.307(b), Occupations Code, is
177	177	amended to read as follows:
178	178	(b) The board by rule shall establish the number of times an
179	179	applicant may retake the examination required by Section
180	180	201.304(a)(1) or (b), as applicable. [An applicant must pass the
181	181	examination required by Section 201.304(a)(2) within three
182	182	attempts.] The board by rule shall establish the conditions under
183	183	which an applicant may retake an examination. The board may require
184	184	an applicant to fulfill additional educational requirements.
185	185	SECTION 12. Subchapter G, Chapter 201, Occupations Code, is
186	186	amended by adding Sections 201.313 and 201.314 to read as follows:
187	187	Sec. 201.313. CRIMINAL HISTORY RECORD INFORMATION FOR
188	188	LICENSE ISSUANCE. (a) The board shall require that an applicant
189	189	for a license submit a complete and legible set of fingerprints, on
190	190	a form prescribed by the board, to the board or to the Department of
191	191	Public Safety for the purpose of obtaining criminal history record
192	192	information from the Department of Public Safety and the Federal
193	193	Bureau of Investigation.
194	194	(b) The board may not issue a license to a person who does
195	195	not comply with the requirement of Subsection (a).
196	196	(c) The board shall conduct a criminal history record
197	197	information check of each applicant for a license using
198	198	information:
199	199	(1) provided by the individual under this section; and
200	200	(2) made available to the board by the Department of
201	201	Public Safety, the Federal Bureau of Investigation, and any other
202	202	criminal justice agency under Chapter 411, Government Code.
203	203	(d) The board may:
204	204	(1) enter into an agreement with the Department of
205	205	Public Safety to administer a criminal history record information
206	206	check required under this section; and
207	207	(2) authorize the Department of Public Safety to
208	208	collect from each applicant the costs incurred by the Department of
209	209	Public Safety in conducting the criminal history record information
210	210	check.
211	211	Sec. 201.314. SEARCH OF NATIONAL PRACTITIONER DATABASE.
212	212	The board shall establish a process to search at least one national
213	213	practitioner database to determine whether another state has taken
214	214	any disciplinary action against an applicant or license holder
215	215	before issuing an initial or renewal license under this chapter.
216	216	SECTION 13. The heading to Subchapter H, Chapter 201,
217	217	Occupations Code, is amended to read as follows:
218	218	SUBCHAPTER H. [ANNUAL] REGISTRATION AND LICENSE RENEWAL
219	219	SECTION 14. Section 201.351, Occupations Code, is amended
220	220	to read as follows:
221	221	Sec. 201.351. [ANNUAL] REGISTRATION. A chiropractor may
222	222	not practice chiropractic in this state unless the chiropractor
223	223	[annually] registers with the board [not later than January 1 of
224	224	each year].
225	225	SECTION 15. The heading to Section 201.352, Occupations
226	226	Code, is amended to read as follows:
227	227	Sec. 201.352. APPLICATION FOR [ANNUAL] REGISTRATION.
228	228	SECTION 16. Section 201.352, Occupations Code, is amended
229	229	by amending Subsections (a) and (d) and adding Subsection (c-1) to
230	230	read as follows:
231	231	(a) A person required to register shall:
232	232	(1) file [annually] with the board a written
233	233	application for registration; and
234	234	(2) pay, with the application, a [an annual]
235	235	registration fee to the board.
236	236	(c-1) On receipt of a renewal application, the board shall
237	237	check the national practitioner database with respect to the
238	238	license holder as provided by Section 201.314.
239	239	(d) If the board determines that the applicant is licensed
240	240	to practice chiropractic in this state, the board shall issue a [an
241	241	annual] registration receipt certifying that the applicant has
242	242	filed an application and paid the registration fee.
243	243	SECTION 17. Section 201.353, Occupations Code, is amended
244	244	by amending Subsection (a) and adding Subsection (a-1) to read as
245	245	follows:
246	246	(a) A license under this chapter is valid for a term of one
247	247	or two years as determined by board rule.
248	248	(a-1) The board by rule may adopt a system under which
249	249	licenses expire on various dates during the year.
250	250	SECTION 18. Sections 201.354(c), (d), (f), and (g),
251	251	Occupations Code, are amended to read as follows:
252	252	(c) The [annual] renewal fee applies to each person licensed
253	253	by the board, even if the person is not practicing chiropractic in
254	254	this state.
255	255	(d) A person whose license has been expired for 90 days or
256	256	less may renew the license by paying to the board a renewal fee that
257	257	is equal to 1-1/2 times the [annual] renewal fee set by the board
258	258	under Section 201.153(a). If a person's license has been expired
259	259	for more than 90 days but less than one year, the person may renew
260	260	the license by paying to the board a renewal fee that is equal to two
261	261	times the [annual] renewal fee set by the board under Section
262	262	201.153(a).
263	263	(f) A person who practices chiropractic without a [an
264	264	annual] renewal receipt for the current year practices chiropractic
265	265	without a license.
266	266	(g) A person may renew a license that has been expired for at
267	267	least one year but not more than three years if:
268	268	(1) the board determines according to criteria adopted
269	269	by board rule that the person has shown good cause for the failure
270	270	to renew the license; and
271	271	(2) the person pays to the board:
272	272	(A) the [annual] renewal fee set by the board
273	273	under Section 201.153(a) for each year in which the license was
274	274	expired; and
275	275	(B) an additional fee in an amount equal to the
276	276	sum of:
277	277	(i) the [annual] renewal fee set by the
278	278	board under Section 201.153(a), multiplied by the number of years
279	279	the license was expired, prorated for fractional years; and
280	280	(ii) two times the [annual] renewal fee set
281	281	by the board under Section 201.153(a).
282	282	SECTION 19. Subchapter H, Chapter 201, Occupations Code, is
283	283	amended by adding Section 201.3545 to read as follows:
284	284	Sec. 201.3545. CRIMINAL HISTORY RECORD INFORMATION
285	285	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
286	286	license issued under this chapter shall submit a complete and
287	287	legible set of fingerprints for purposes of performing a criminal
288	288	history record information check of the applicant as provided by
289	289	Section 201.313.
290	290	(b) The board may administratively suspend or refuse to
291	291	renew the license of a person who does not comply with the
292	292	requirement of Subsection (a).
293	293	(c) A license holder is not required to submit fingerprints
294	294	under this section for the renewal of the license if the license
295	295	holder has previously submitted fingerprints under:
296	296	(1) Section 201.313 for the initial issuance of the
297	297	license; or
298	298	(2) this section as part of a prior license renewal.
299	299	SECTION 20. Section 201.502, Occupations Code, is amended
300	300	by amending Subsection (a) and adding Subsection (c) to read as
301	301	follows:
302	302	(a) The board may refuse to admit a person to examinations
303	303	and may revoke or suspend a license or place a license holder on
304	304	probation for a period determined by the board for:
305	305	(1) violating this chapter or a rule adopted under
306	306	this chapter, including committing an act prohibited under Section
307	307	201.5025;
308	308	(2) engaging in deception or fraud in the practice of
309	309	chiropractic;
310	310	(3) presenting to the board or using a license,
311	311	certificate, or diploma or a transcript of a license, certificate,
312	312	or diploma that was illegally or fraudulently obtained,
313	313	counterfeited, or materially altered;
314	314	(4) presenting to the board an untrue statement or a
315	315	document or testimony that was illegally used to pass the
316	316	examination;
317	317	(5) being convicted of a crime involving moral
318	318	turpitude or a felony;
319	319	(6) procuring or assisting in the procuring of an
320	320	abortion;
321	321	(7) engaging in grossly unprofessional conduct or
322	322	dishonorable conduct of a character likely to deceive or defraud
323	323	the public;
324	324	(8) having a habit of intemperance or drug addiction
325	325	or another habit that, in the opinion of the board, endangers the
326	326	life of a patient;
327	327	(9) using an advertising statement that is false or
328	328	that tends to mislead or deceive the public;
329	329	(10) directly or indirectly employing or associating
330	330	with a person who, in the course of the person's employment, commits
331	331	an act constituting the practice of chiropractic when the person is
332	332	not licensed to practice chiropractic;
333	333	(11) advertising professional superiority, or
334	334	advertising the performance of professional services in a superior
335	335	manner, if that advertising is not readily subject to verification;
336	336	(12) purchasing, selling, bartering, using, or
337	337	offering to purchase, sell, barter, or use a chiropractic degree,
338	338	license, certificate, or diploma or transcript of a license,
339	339	certificate, or diploma in or relating to an application to the
340	340	board for a license to practice chiropractic;
341	341	(13) altering with fraudulent intent a chiropractic
342	342	license, certificate, or diploma or transcript of a chiropractic
343	343	license, certificate, or diploma;
344	344	(14) impersonating or acting as proxy for another in
345	345	an examination required by this chapter for a chiropractic license;
346	346	(15) impersonating a licensed chiropractor;
347	347	(16) allowing one's chiropractic license to be used by
348	348	another person to practice chiropractic;
349	349	(17) being proved insane by a person having authority
350	350	to make that determination;
351	351	(18) failing to use proper diligence in the practice
352	352	of chiropractic or using gross inefficiency in the practice of
353	353	chiropractic;
354	354	(19) failing to clearly differentiate a chiropractic
355	355	office or clinic from another business or enterprise;
356	356	(20) personally soliciting a patient or causing a
357	357	patient to be solicited by the use of a case history of another
358	358	patient of another chiropractor;
359	359	(21) using for the purpose of soliciting patients an
360	360	accident report prepared by a peace officer in a manner prohibited
361	361	by Section 38.12, Penal Code; [or]
362	362	(22) advertising using the term "physician" or
363	363	"chiropractic physician" or any combination or derivation of the
364	364	term "physician"; or
365	365	(23) failing to submit fingerprints to the board or
366	366	Department of Public Safety to enable the board to obtain criminal
367	367	history record information as required by Section 201.313.
368	368	["physician."]
369	369	(c) The board may refuse to admit a person to an examination
370	370	and may revoke or suspend a license or place a license holder on
371	371	probation for a period determined by the board because of the
372	372	person's or license holder's violation of a law of this state, other
373	373	than this chapter, or a rule of another licensing board in this
374	374	state, or of a statute or rule of another state as determined
375	375	through a search conducted as provided by Section 201.314, if the
376	376	violation constitutes a violation of the laws of this state or a
377	377	board rule.
378	378	SECTION 21. The following provisions of the Occupations
379	379	Code are repealed:
380	380	(1) Subchapter F, Chapter 201; and
381	381	(2) Section 201.312.
382	382	SECTION 22. (a) Not later than March 1, 2018, the Texas
383	383	Board of Chiropractic Examiners shall adopt rules to establish the
384	384	expert review process as required by Section 201.210, Occupations
385	385	Code, as added by this Act.
386	386	(b) Not later than September 1, 2019, the Texas Board of
387	387	Chiropractic Examiners shall obtain criminal history record
388	388	information on each person who on the effective date of this Act
389	389	holds a license issued under Chapter 201, Occupations Code, and did
390	390	not undergo a criminal history record information check based on
391	391	the license holder's fingerprints on the initial application for
392	392	the license. The board may suspend the license of a license holder
393	393	who does not provide the criminal history record information as
394	394	required by the board and this subsection.
395	395	SECTION 23. (a) Except as provided by Subsection (b) of
396	396	this section, Section 201.061, Occupations Code, as amended by this
397	397	Act, applies to a member of the Texas Board of Chiropractic
398	398	Examiners appointed before, on, or after the effective date of this
399	399	Act.
400	400	(b) A member of the Texas Board of Chiropractic Examiners
401	401	who, before the effective date of this Act, completed the training
402	402	program required by Section 201.061, Occupations Code, as that law
403	403	existed before the effective date of this Act, is required to
404	404	complete additional training only on subjects added by this Act to
405	405	the training program as required by Section 201.061, Occupations
406	406	Code, as amended by this Act. A board member described by this
407	407	subsection may not vote, deliberate, or be counted as a member in
408	408	attendance at a meeting of the board held on or after December 1,
409	409	2017, until the member completes the additional training.
410	410	SECTION 24. This Act takes effect September 1, 2017.