PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 73. CONTINUING EDUCATION
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to 22 TAC §73.2 (Failure to Meet Continuing Education Requirements) without changes to the text as published in the March 10, 2023, issue of the Texas Register (48 TexReg 1400), and thus will not be republished. The amendment simply clarifies that the Board will determine a licensee is out of compliance of the licensee's continuing education requirements by means of a 10% random audit by the Board. This change from a 100% audit of licensees' continuing education hours to a random audit was recommended by the Sunset Commission.
The Board received one comment concerning the amendment from the Texas Medical Association (TMA). TMA expressed concern that the amendment arguably could somehow be read as possibly precluding the Board from enforcing its continuing education requirements by any means other than through a random compliance audit.
While the Board appreciates TMA's recommendation to rewrite the rule, the Board respectfully declines. Texas Occupations Code §201.501 (Disciplinary Powers of the Board) gives the Board the authority to discipline a licensee for any violation of Occupations Code Chapter 201 or rule adopted by the Board, which includes the Board's continuing education rules in 22 TAC Chapter 73. This rule amendment does not alter that in the slightest.
The amended rule is adopted under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic, and Texas Occupations Code §201.356, which authorizes the Board to adopt rules relating to licensee continuing education requirements.
No other statutes or rules are affected by this adopted amended rule.
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 May 19, 2023.
TRD-202301833
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Effective date: June 8, 2023
Proposal publication date: March 10, 2023
For further information, please call: (512) 305-6700