TITLE 22. EXAMINING BOARDS

PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

CHAPTER 72. APPLICATIONS AND APPLICANTS

22 TAC §72.9

The Texas Board of Chiropractic Examiners (Board) adopts amendments to Chapter 72, §72.9, concerning Reexaminations, without changes to the proposed text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5210); the amendment will not be republished.

The rule amendment proposal reflects a 2017 Sunset Commission recommendation to allow applicants an unlimited number of times, within a calendar year, to take the Board's jurisprudence exam in order to achieve a passing score.

This rule was proposed for publication at the Board's quarterly meeting on August 17, 2017. The proposed language was published in the Rules Committee and Board agenda. Comment on the proposal was sought during the Rules Committee and the Board meeting prior to this publication in the Register. No comments were received.

GOVERNMENT GROWTH IMPACT: Board staff has determined that the proposed new sections do not have a government growth impact pursuant to Texas Government Code, §2001.0221.

This amended rule is adopted under Texas Occupations Code §201.152, relating to rules and Subchapter G of the Chiropractic Act, License Requirements. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic in order to protect public health and safety. Subchapter L provides the framework to authorize the Board to impose administrative penalties.

No other statutes, articles, or codes are affected by the amendment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 29, 2017.

TRD-201705409

Courtney L. Ebeier

General Counsel

Texas Board of Chiropractic Examiners

Effective date: January 18, 2018

Proposal publication date: September 29, 2017

For further information, please call: (512) 305-6715


CHAPTER 73. CHIROPRACTIC FACILITIES

22 TAC §§73.1 - 73.5

The Texas Board of Chiropractic Examiners (Board) adopts the repeal of Chapter 73, §§73.1 - 73.5, concerning Chiropractic Facilities, without changes to the proposed text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5211) and will not be republished.

Chapter 73 established requirements and procedures related to the regulation of chiropractic facilities. The Chapter is repealed to reflect implementation of 2017 Sunset legislation, SB 304, which ceases the Board's statutory requirement to register chiropractic facilities, effective of September 1, 2017.

GOVERNMENT GROWTH IMPACT STATEMENT: Board staff has determined that the repeal of this chapter, affecting the Board's requirement to regulate chiropractic facilities, will result in a reduction of fees paid to the state, reduce the Board's staff by one-half of a full time employee (FTE) and reduce the Board's requirement to regulate non-chiropractor facility owners. Repeal of Chapter 73 does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

Board received stakeholder comments at a meeting held on June 28, 2017, to discuss the statutory change which necessitated the proposed repeal. No additional comments were received after publication of the proposed repeal of these sections in the Texas Register.

The repeal is adopted under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic in order to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 29, 2017.

TRD-201705410

Courtney L. Ebeier

General Counsel

Texas Board of Chiropractic Examiners

Effective date: January 18, 2018

Proposal publication date: September 29, 2017

For further information, please call: (512) 305-6715


CHAPTER 75. LICENSES AND RENEWAL

22 TAC §75.2

The Texas Board of Chiropractic Examiners (Board) adopts amendments to Chapter 75, §75.2, concerning Renewal of Chiropractic License, without changes to the proposed text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5211); the amendment will not be republished.

The rule amendment proposal reflects a 2017 Sunset Commission recommendation to extend the annual license renewal period to a two-year cycle, which reflects the license period of other similar health professional licensing agencies.

GOVERNMENT GROWTH IMPACT: Board staff has determined that the proposed new sections do not have a government growth impact pursuant to Texas Government Code, §2001.0221.

This rule was proposed for publication at the Board's quarterly meeting on August 17, 2017. The proposed language was published in the Rules Committee and Board agenda. Comment on the proposal was sought during the Rules Committee and Board meeting prior to this publication in the Texas Register. No comments were received.

This amended rule is adopted under Texas Occupations Code §201.152, relating to rules and Subchapter G of the Chiropractic Act, License Requirements. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic in order to protect the public health and safety. Subchapter L provides the framework to authorize the Board to impose administrative penalties.

No other statutes, articles, or codes are affected by the amendment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 29, 2017.

TRD-201705411

Courtney L. Ebeier

General Counsel

Texas Board of Chiropractic Examiners

Effective date: March 1, 2018

Proposal publication date: September 29, 2017

For further information, please call: (512) 305-6715


22 TAC §75.4

The Texas Board of Chiropractic Examiners (Board) adopts amendments to Chapter 75, §75.4, concerning Inactive Chiropractic License Status, without changes to the proposed text as published in the September 29, 2017, issue of the Texas Register (42 TexReg 5213); the amendment will not be republished.

The rule amendment proposal reflects a 2017 Sunset Commission recommendation to change the annual license renewal period to a two-year cycle, which reflects the license period of other similar health professional licensing agencies.

This rule was proposed for publication at the Board’s meeting on August 17, 2017. The proposed language was published in the Rules Committee and Board agenda. Comment on the proposal was sought during the Rules Committee and Board meetings prior to this publication in the Register. No comments were received.

GOVERNMENT GROWTH IMPACT: Board staff has determined that the proposed new sections do not have a government growth impact, pursuant to Texas Government Code, §2001.0221.

This amended rule is adopted under Texas Occupations Code §201.152, relating to rules and Subchapter G of the Chiropractic Act, License Requirements. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic in order to protect the public health and safety. Subchapter L provides the framework to authorize the Board to impose administrative penalties.

No other statutes, articles, or codes are affected by the amendment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 29, 2017.

TRD-201705412

Courtney L. Ebeier

General Counsel

Texas Board of Chiropractic Examiners

Effective date: March 1, 2018

Proposal publication date: September 29, 2017

For further information, please call: (512) 305-6715


PART 9. TEXAS MEDICAL BOARD

CHAPTER 182. USE OF EXPERTS

22 TAC §182.8

The Texas Medical Board (Board) adopts an amendment to §182.8, concerning Expert Physician Reviewers, without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6113) and will not be republished.

The amendment removes language from subsection (c) which requires that a report, prepared by an expert reviewer, include the expert's general qualifications; the rule is further amended to add language requiring the expert's specialty areas be included in such reports.

No comments were received regarding adoption of the rule.

The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 27, 2017.

TRD-201705388

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: January 16, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016


CHAPTER 188. PERFUSIONISTS

22 TAC §188.5, §188.9

The Texas Medical Board (Board) adopts amendments to §188.5, concerning Procedural Rules for Licensure Applicants, and §188.9, concerning License Renewal, without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6114) and will not be republished.

The amendment to §188.5 removes language from subsection (a)(6) requiring a "sworn" application. This change is in accordance with and pursuant to the passage of SB 674 (85th Regular Session), which amended §603.252 of the Texas Occupations Code.

The amendment to §188.9 removes the reference to "affidavit" which infers that an application for renewal is a "sworn" application. This change is in accordance with and pursuant to the passage of SB 674 (85th Regular Session), which amended §603.252 of the Texas Occupations Code.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §§603.151, 603.152 and 603.252, which provide authority for the Board to adopt rules as necessary to: regulate the practice of perfusion; enforce Chapter 603 of the Texas Occupations Code; and perform its duties under Chapter 603 of the Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 27, 2017.

TRD-201705389

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: January 16, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016


CHAPTER 189. COMPLIANCE PROGRAM

22 TAC §189.15

The Texas Medical Board (Board) adopts amendment to §189.15, concerning Determination of Successful Completion of an Order, without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6115) and will not be republished.

The adoption amends the language in subsection (d) to clarify the provisions related to tolling and extension of an Order's time period resulting from tolling. The amendments also add a new subsection (e) to include a description of "partial tolling" and new subsection (f) to delineate the terms, requirements or conditions that may not be tolled.

No comments were received regarding adoption of the rule.

The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 27, 2017.

TRD-201705390

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: January 16, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016


CHAPTER 193. STANDING DELEGATION ORDERS

22 TAC §193.8

The Texas Medical Board (Board) adopts an amendment to §193.8, concerning Prescriptive Authority Agreements: Minimum Requirements, without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6115) and will not be republished.

The amendment changes the requirements set forth in paragraphs (9) - (11) and adds a new paragraph (12), relating to the frequency physicians must meet with physician assistants to whom they delegate and supervise. These changes are in accordance with, and pursuant to, the passage of SB 1625 (85th Regular Session), which amended §157.0512 of the Texas Occupations Code.

No comments were received regarding adoption of the rule.

The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 27, 2017.

TRD-201705399

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: January 16, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016


CHAPTER 194. MEDICAL RADIOLOGIC TECHNOLOGY

SUBCHAPTER B. NON-CERTIFIED TECHNICIANS SUPERVISED BY PHYSICIANS

22 TAC §§194.34 - 194.43

The Texas Medical Board (Board) adopts the repeal of Chapter 194, Subchapter B, §§194.34 - 194.43, concerning Medical Radiologic Technology, without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6117) and will not be republished.

The repeal of Chapter 194, Subchapter B is adopted in accordance with Senate Bill No. 674, which repealed requirements under §601.252 of the Texas Occupations Code related to the Medical Board's registration of non-certified technicians (NCT) who are employed by physicians. The Medical Board provides agency resources to support the general registry for NCTs performing radiologic procedures in Texas. The repeal will eliminate inefficiencies related to Medical Board's resources allocated to supporting a second registry for a subset of NCTs working for physicians, which creates inefficiencies and potential duplication across the agency's departments and provides no benefit to the agency, NCT profession or the public.

No comments were received regarding adoption of the rules.

The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure. The repeal are further adopted under the authority of Texas Occupations Code Annotated, Chapter 601, as amended by Senate Bill 674 (85th Legislature Regular Session) (2017).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 27, 2017.

TRD-201705387

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: January 16, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016