85R11875 YDB-D     By: Raymond H.B. No. 2547       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas Board of   Chiropractic Examiners; authorizing a reduction in fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 201.002(b), Occupations Code, is amended   to read as follows:          (b)  A person practices chiropractic under this chapter if   the person:                (1)  uses objective or subjective means to diagnose,   analyze, examine, or evaluate the biomechanical condition of the   spine and musculoskeletal system of the human body;                (2)  performs nonsurgical, nonincisive procedures,   including adjustment and manipulation, to improve the subluxation   complex or the biomechanics of the musculoskeletal system;                (3)  represents to the public that the person is a   chiropractor; or                (4)  uses the term "chiropractor," "chiropractic,"   "doctor of chiropractic," "D.C.," or any derivative of those terms   or initials in connection with the person's name.          SECTION 2.  Section 201.004, Occupations Code, is amended to   read as follows:          Sec. 201.004.  APPLICATION OF SUNSET ACT. The Texas Board of   Chiropractic Examiners is subject to Chapter 325, Government Code   (Texas Sunset Act). Unless continued in existence as provided by   that chapter, the board is abolished and this chapter expires   September 1, 2029 [2017].          SECTION 3.  Section 201.061, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  this chapter;                (2)  [and] the board's programs, functions, rules, and   budget;                (3)  the scope of and limitations on the board's   rulemaking authority;                (4) [(2)]  the results of the most recent formal audit   of the board;                (5) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (6) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director of the board shall create a   training manual that includes the information required by   Subsection (b). The executive director shall distribute a copy of   the training manual annually to each board member. On receipt of   the training manual, each board member shall sign and submit to the   executive director a statement acknowledging receipt of the   training manual.          SECTION 4.  Section 201.153(a), Occupations Code, is amended   to read as follows:          (a)  The board by rule shall set fees in amounts reasonable   and necessary to cover the costs of administering this chapter.   [The board may not set a fee in an amount that is less than the   amount of that fee on September 1, 1993.]          SECTION 5.  The heading to Section 201.206, Occupations   Code, is amended to read as follows:          Sec. 201.206.  CONFIDENTIALITY OF COMPLAINTS, INVESTIGATION   FILES, AND OTHER INFORMATION.          SECTION 6.  Section 201.206, Occupations Code, is amended by   amending Subsection (a) and adding Subsections (c-1) and (f) to   read as follows:          (a)  Each complaint, adverse report, investigation file, and   other investigation report and all other investigative information   in the possession of or received or gathered by the board or the   board's employees or agents relating to a license holder, an   application for a license, or a criminal investigation or   proceeding is privileged and confidential and is [The board's   investigation files are confidential, privileged, and] not subject   to discovery, subpoena, or any other means of legal compulsion for   release to anyone other than [to] the board or an employee or agent   of the board involved in any disciplinary action relating to a   license holder.          (c-1)  The board's providing of information under Subsection   (c) does not constitute a waiver of a privilege or confidentiality   under this chapter or any other law.            (f)  The board shall protect the identity of a complainant to   the extent possible.          SECTION 7.  Subchapter E, Chapter 201, Occupations Code, is   amended by adding Section 201.2065 to read as follows:          Sec. 201.2065.  REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)   In this section:                (1)  "Anonymous complaint" means a complaint that lacks   sufficient information to identify the source or the name of the   person who filed the complaint.                (2)  "Insurance agent" means a person licensed under   Chapter 4054, Insurance Code.                (3)  "Insurer" means an insurance company or other   entity authorized to engage in the business of insurance under   Subtitle C, Title 6, Insurance Code.                (4)  "Third-party administrator" means a person   required to have a certificate of authority under Chapter 4151,   Insurance Code.          (b)  The board may not accept anonymous complaints.          (c)  Notwithstanding any confidentiality requirements under   Chapter 552, Government Code, or this chapter, 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 insurance agent, insurer,   pharmaceutical company, or third-party administrator filing the   complaint.          (d)  Not later than the 15th day after the date the complaint   is filed with the board, the board shall notify the license holder   who is the subject of the complaint of the name and address of the   insurance agent, insurer, pharmaceutical company, or third-party   administrator who filed the complaint, unless the notice would   jeopardize an investigation.          SECTION 8.  Subchapter E, Chapter 201, Occupations Code, is   amended by adding Section 201.210 to read as follows:          Sec. 201.210.  EXPERT REVIEW PROCESS. (a) The board by rule   shall develop an expert review process to assist the board with the   investigation of complaints filed with the board that require   additional chiropractic expertise.          (b)  The board shall:                (1)  determine the type of complaints that require   potential expert review, including standard of care complaints;                (2)  create a list of qualified experts to review   complaints that require additional chiropractic expertise; and                (3)  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.          (c)  The rules adopted under this section must address:                (1)  the qualifications of the experts who may review   complaints;                (2)  the grounds for removal of an expert who is   assigned to review a complaint;                (3)  the time in which a complaint that requires expert   review must be resolved; and                (4)  the content and format of expert review documents.          (d)  The board may contract with a qualified expert on the   list created under this section to assist the board in the   investigation of a complaint that requires additional chiropractic   expertise.          SECTION 9.  Section 201.302(a), Occupations Code, is amended   to read as follows:          (a)  An applicant for a license by examination must present   satisfactory evidence to the board that the applicant:                (1)  is at least 18 years of age;                (2)  [is of good moral character;                [(3)]  has completed 90 semester hours of college   courses other than courses included in a doctor of chiropractic   degree program; and                (3) [(4)]  is either a graduate or a final semester   student of a bona fide reputable doctor of chiropractic degree   program.          SECTION 10.  Section 201.303(d), Occupations Code, is   amended to read as follows:          (d)  A bona fide reputable doctor of chiropractic degree   program that satisfies Section 201.302(a)(3) [201.302(a)(4)] is   one that:                (1)  has entrance requirements and a course of   instruction as high as those of a better class of doctor of   chiropractic degree programs in the United States;                (2)  maintains a resident course of instruction   equivalent to:                      (A)  not less than four terms of eight months   each; or                      (B)  not less than the number of semester hours   required by The University of Texas for a bachelor of arts or   bachelor of science degree;                (3)  provides a course of instruction in the   fundamental subjects listed in Section 201.305(b); and                (4)  has the necessary teaching staff and facilities   for proper instruction in all of the fundamental subjects listed in   Section 201.305(b).          SECTION 11.  Section 201.307(b), Occupations Code, is   amended to read as follows:          (b)  The board by rule shall establish the number of times an   applicant may retake the examination required by Section   201.304(a)(1) or (b), as applicable. [An applicant must pass the   examination required by Section 201.304(a)(2) within three   attempts.] The board by rule shall establish the conditions under   which an applicant may retake an examination. The board may require   an applicant to fulfill additional educational requirements.          SECTION 12.  Subchapter G, Chapter 201, Occupations Code, is   amended by adding Sections 201.313 and 201.314 to read as follows:          Sec. 201.313.  CRIMINAL HISTORY RECORD INFORMATION FOR   LICENSE ISSUANCE. (a) The board shall require that an applicant   for a license submit a complete and legible set of fingerprints, on   a form prescribed by the board, to the board or to the Department of   Public Safety for the purpose of obtaining criminal history record   information from the Department of Public Safety and the Federal   Bureau of Investigation.          (b)  The board may not issue a license to a person who does   not comply with the requirement of Subsection (a).          (c)  The board shall conduct a criminal history record   information check of each applicant for a license using   information:                (1)  provided by the individual under this section; and                (2)  made available to the board by the Department of   Public Safety, the Federal Bureau of Investigation, and any other   criminal justice agency under Chapter 411, Government Code.          (d)  The board may:                (1)  enter into an agreement with the Department of   Public Safety to administer a criminal history record information   check required under this section; and                (2)  authorize the Department of Public Safety to   collect from each applicant the costs incurred by the Department of   Public Safety in conducting the criminal history record information   check.           Sec. 201.314.  SEARCH OF NATIONAL PRACTITIONER DATABASE.   The board shall establish a process to search at least one national   practitioner database to determine whether another state has taken   any disciplinary action against an applicant or license holder   before issuing an initial or renewal license under this chapter.          SECTION 13.  The heading to Subchapter H, Chapter 201,   Occupations Code, is amended to read as follows:          SUBCHAPTER H. [ANNUAL] REGISTRATION AND LICENSE RENEWAL          SECTION 14.  Section 201.351, Occupations Code, is amended   to read as follows:          Sec. 201.351.  [ANNUAL] REGISTRATION. A chiropractor may   not practice chiropractic in this state unless the chiropractor   [annually] registers with the board [not later than January 1 of   each year].          SECTION 15.  The heading to Section 201.352, Occupations   Code, is amended to read as follows:          Sec. 201.352.  APPLICATION FOR [ANNUAL] REGISTRATION.          SECTION 16.  Section 201.352, Occupations Code, is amended   by amending Subsections (a) and (d) and adding Subsection (c-1) to   read as follows:          (a)  A person required to register shall:                (1)  file [annually] with the board a written   application for registration; and                (2)  pay, with the application, a [an annual]   registration fee to the board.          (c-1)  On receipt of a renewal application, the board shall   check the national practitioner database with respect to the   license holder as provided by Section 201.314.            (d)  If the board determines that the applicant is licensed   to practice chiropractic in this state, the board shall issue a [an   annual] registration receipt certifying that the applicant has   filed an application and paid the registration fee.          SECTION 17.  Section 201.353, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A license under this chapter is valid for a term of one   or two years as determined by board rule.          (a-1)  The board by rule may adopt a system under which   licenses expire on various dates during the year.          SECTION 18.  Sections 201.354(c), (d), (f), and (g),   Occupations Code, are amended to read as follows:          (c)  The [annual] renewal fee applies to each person licensed   by the board, even if the person is not practicing chiropractic in   this state.          (d)  A person whose license has been expired for 90 days or   less may renew the license by paying to the board a renewal fee that   is equal to 1-1/2 times the [annual] renewal fee set by the board   under Section 201.153(a).  If a person's license has been expired   for more than 90 days but less than one year, the person may renew   the license by paying to the board a renewal fee that is equal to two   times the [annual] renewal fee set by the board under Section   201.153(a).          (f)  A person who practices chiropractic without a [an   annual] renewal receipt for the current year practices chiropractic   without a license.          (g)  A person may renew a license that has been expired for at   least one year but not more than three years if:                (1)  the board determines according to criteria adopted   by board rule that the person has shown good cause for the failure   to renew the license; and                (2)  the person pays to the board:                      (A)  the [annual] renewal fee set by the board   under Section 201.153(a) for each year in which the license was   expired; and                      (B)  an additional fee in an amount equal to the   sum of:                            (i)  the [annual] renewal fee set by the   board under Section 201.153(a), multiplied by the number of years   the license was expired, prorated for fractional years; and                            (ii)  two times the [annual] renewal fee set   by the board under Section 201.153(a).          SECTION 19.  Subchapter H, Chapter 201, Occupations Code, is   amended by adding Section 201.3545 to read as follows:          Sec. 201.3545.  CRIMINAL HISTORY RECORD INFORMATION   REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a   license issued under this chapter shall submit a complete and   legible set of fingerprints for purposes of performing a criminal   history record information check of the applicant as provided by   Section 201.313.          (b)  The board may administratively suspend or refuse to   renew the license of a person who does not comply with the   requirement of Subsection (a).          (c)  A license holder is not required to submit fingerprints   under this section for the renewal of the license if the license   holder has previously submitted fingerprints under:                (1)  Section 201.313 for the initial issuance of the   license; or                (2)  this section as part of a prior license renewal.          SECTION 20.  Section 201.502, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  The board may refuse to admit a person to examinations   and may revoke or suspend a license or place a license holder on   probation for a period determined by the board for:                (1)  violating this chapter or a rule adopted under   this chapter, including committing an act prohibited under Section   201.5025;                (2)  engaging in deception or fraud in the practice of   chiropractic;                (3)  presenting to the board or using a license,   certificate, or diploma or a transcript of a license, certificate,   or diploma that was illegally or fraudulently obtained,   counterfeited, or materially altered;                (4)  presenting to the board an untrue statement or a   document or testimony that was illegally used to pass the   examination;                (5)  being convicted of a crime involving moral   turpitude or a felony;                (6)  procuring or assisting in the procuring of an   abortion;                (7)  engaging in grossly unprofessional conduct or   dishonorable conduct of a character likely to deceive or defraud   the public;                (8)  having a habit of intemperance or drug addiction   or another habit that, in the opinion of the board, endangers the   life of a patient;                (9)  using an advertising statement that is false or   that tends to mislead or deceive the public;                (10)  directly or indirectly employing or associating   with a person who, in the course of the person's employment, commits   an act constituting the practice of chiropractic when the person is   not licensed to practice chiropractic;                (11)  advertising professional superiority, or   advertising the performance of professional services in a superior   manner, if that advertising is not readily subject to verification;                (12)  purchasing, selling, bartering, using, or   offering to purchase, sell, barter, or use a chiropractic degree,   license, certificate, or diploma or transcript of a license,   certificate, or diploma in or relating to an application to the   board for a license to practice chiropractic;                (13)  altering with fraudulent intent a chiropractic   license, certificate, or diploma or transcript of a chiropractic   license, certificate, or diploma;                (14)  impersonating or acting as proxy for another in   an examination required by this chapter for a chiropractic license;                (15)  impersonating a licensed chiropractor;                (16)  allowing one's chiropractic license to be used by   another person to practice chiropractic;                (17)  being proved insane by a person having authority   to make that determination;                (18)  failing to use proper diligence in the practice   of chiropractic or using gross inefficiency in the practice of   chiropractic;                (19)  failing to clearly differentiate a chiropractic   office or clinic from another business or enterprise;                (20)  personally soliciting a patient or causing a   patient to be solicited by the use of a case history of another   patient of another chiropractor;                (21)  using for the purpose of soliciting patients an   accident report prepared by a peace officer in a manner prohibited   by Section 38.12, Penal Code; [or]                (22)  advertising using the term "physician" or   "chiropractic physician" or any combination or derivation of the   term "physician"; or                (23)  failing to submit fingerprints to the board or   Department of Public Safety to enable the board to obtain criminal   history record information as required by Section 201.313.   ["physician."]          (c)  The board may refuse to admit a person to an examination   and may revoke or suspend a license or place a license holder on   probation for a period determined by the board because of the   person's or license holder's violation of a law of this state, other   than this chapter, or a rule of another licensing board in this   state, or of a statute or rule of another state as determined   through a search conducted as provided by Section 201.314, if the   violation constitutes a violation of the laws of this state or a   board rule.          SECTION 21.  The following provisions of the Occupations   Code are repealed:                (1)  Subchapter F, Chapter 201; and                (2)  Section 201.312.          SECTION 22.  (a) Not later than March 1, 2018, the Texas   Board of Chiropractic Examiners shall adopt rules to establish the   expert review process as required by Section 201.210, Occupations   Code, as added by this Act.          (b)  Not later than September 1, 2019, the Texas Board of   Chiropractic Examiners shall obtain criminal history record   information on each person who on the effective date of this Act   holds a license issued under Chapter 201, Occupations Code, and did   not undergo a criminal history record information check based on   the license holder's fingerprints on the initial application for   the license. The board may suspend the license of a license holder   who does not provide the criminal history record information as   required by the board and this subsection.          SECTION 23.  (a) Except as provided by Subsection (b) of   this section, Section 201.061, Occupations Code, as amended by this   Act, applies to a member of the Texas Board of Chiropractic   Examiners appointed before, on, or after the effective date of this   Act.          (b)  A member of the Texas Board of Chiropractic Examiners   who, before the effective date of this Act, completed the training   program required by Section 201.061, Occupations Code, as that law   existed before the effective date of this Act, is required to   complete additional training only on subjects added by this Act to   the training program as required by Section 201.061, Occupations   Code, as amended by this Act. A board member described by this   subsection may not vote, deliberate, or be counted as a member in   attendance at a meeting of the board held on or after December 1,   2017, until the member completes the additional training.          SECTION 24.  This Act takes effect September 1, 2017.