Texas Register, Volume 32, Number 39, Pages 6689-6904, September 28, 2007 Page: 6,728
6689-6904 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
of demonstrating that the specialty area should be recognized by the
board.
(f) Upon approval of a specialty area, the board shall promul-
gate a regulation establishing the minimum initial and continuing ed-
ucation requirements, application fee, and documentation required for
verification of compliance with all educational requirements.
(g) Licensees receiving board-approved specialty certification
shall be entitled to use the terms, specialty, or specializing in pub-
lic communications, including advertisements, letterhead, and signage.
Any such specialty designate shall be preceded by the licensee's name,
and by one of the following:
(1) D.C.;
(2) Chiropractor; or
(3) Doctor of Chiropractic.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 13,
2007.
TRD-200704230
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: October 28, 2007
For further information, please call: (512) 305-6901
CHAPTER 80. PROFESSIONAL CONDUCT
22 TAC 80.1
The Texas Board of Chiropractic Examiners (Board) proposes
an amendment to 80.1 of this title, relating to delegation of au-
thority, to further clarify the responsibilities of licensed doctors
of chiropractic and their assistants. This proposed amendment
has been developed in response to public comments requesting
further clarification of these responsibilities.
In preparing this proposed rule, the Board looked at other rules
regarding the delegation of authority to health care assistants,
including the Texas Medical Board's rule 185.10 of this title,
relating to physician assistant scope of practice, and Chapter
193 of this title, relating to standing delegation orders; the Texas
Board of Physical Therapy Examiners rules, 322.2 of this title,
relating to role delineation, and 322.3, relating to supervision;
the Florida rule for direct supervision of registered chiropractic
assistants, Fla. Admin. Code, 64B2-18.0075; and the Illinois
rule for physician delegation of authority (including doctors of
chiropractic), Ill. Admin. Code tit. 68, 1285.33.
In addition to the substantive proposed amendments, some of
the existing sections have been relettered and renumbered; and
additional nonsubstantive editorial changes have been made. All
references will be to the lettering for the proposed new subsec-
tions. In this rule, "licensee" refers to doctors of chiropractic li-
censed by the Board.
The proposed amendments would include a new subsection (a)
which provides that the purpose of this section is to encourage
the more effective use of the skills of licensees by establishing
guidelines for the delegation of health care tasks to a qualifiedand properly trained person acting under a licensee's supervi-
sion consistent with the health and welfare of a patient and with
proper diligence and efficient practice of chiropractic. This pro-
vision is modeled on the Medical Board's rule, 193.1, relating
to purpose. Subsection (a) would also provide that this section
provides the standards for credentialing chiropractic assistants
in Texas. This is to clarify that licensees who comply with this
section will be in compliance with the legal standards for dele-
gating authority to chiropractic assistants in Texas.
Subsection (c) would be amended to provide that chiropractic
students that have completed an out-patient clinic may perform
chiropractic adjustment or manipulation without the supervising
licensee present at the time of adjustment. This new provision
would reflect the practice experience of chiropractic students that
have completed an out-patient clinic where they were able to per-
form chiropractic adjustment or manipulation without an instruct-
ing doctor present at the time of adjustment. Under the previ-
ous rule, chiropractic students who had completed an out-patient
clinic were required to regress their practice when under the su-
pervision of a licensee.
Subsection (d) would be amended to clarify that, in delegating
the performance of a specific task or procedure, a licensee shall
verify that a person is qualified and properly trained. Definitions
would also be added for requisite education, requisite training,
and requisite skill. It would also be amended to clarify that a
licensee may delegate a specific task or procedure to an un-
licensed person if the specific task or procedure is within the
scope of chiropractic, as described under 75.17 of this title, re-
lating to scope of chiropractic, and if the delegation complies with
the other requirements of this section, the Chiropractic Act, and
the Board's rules.
Subsection (e) would be amended to provide that the tasks or
procedures that may be delegated include performing other
prescribed clinical tests and measurements. Subsection (e)(6)
would be revised to refer to physical therapy modalities and/or
therapeutic procedures, including physical medicine, rehabilita-
tion, or other treatments as described in the American Medical
Association's Current Procedural Terminology (2004) (CPT
Codebook), the Center for Medicare and Medicaid Services'
Health Care Common Procedure Coding System, or other
national coding system. For the CPT Codebook, this would
include all 97000 codes.
Subsection (f) would be added to provide that a licensee may not
allow or direct a person to perform activities that are either out-
side the licensee's scope of practice, that exceed the education,
training, and skill of the person or for which a person is not oth-
erwise qualified or properly trained or to exercise independent
clinical judgment unless the person holds a valid Texas license
or certification that would allow or authorize the exercise of inde-
pendent clinical judgment.
Subsection (g) would be amended to clarify that it applies to a
license suspension in Texas or any other jurisdiction.
Subsection (h) would be added to clearly provide that a licensee
is responsible for each patient's care. Subsection (i) would be
added to clarify the standards for supervision of chiropractic as-
sistants and to specify that a licensee must be on-call when treat-
ment is provided under the licensee's direction unless there is
another licensee on-call.
Subsection (j) would be added to require that a licensee's patient
records differentiate between services performed by a doctor of32 TexReg 6728 September 28, 2007 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 32, Number 39, Pages 6689-6904, September 28, 2007, periodical, September 28, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97416/m1/38/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.