Texas Register, Volume 32, Number 39, Pages 6689-6904, September 28, 2007 Page: 6,730
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(7) [(6)] demonstrating prescribed exercises or stretches
for a patient; or
(8) [(-7)] demonstrating proper uses of dispensed supports
and devices.
(f) A licensee may not allow or direct a person:
(1) to perform activities that are outside the licensee's
scope of practice;
(2) to perform activities that exceed the education, training,
and skill of the person or for which a person is not otherwise qualified
and properly trained; or
(3) to exercise independent clinical judgment unless the
person holds a valid Texas license or certification that would allow or
authorize the person to exercise independent clinical judgment.
(g) [(d}] A licensee shall not allow or direct a person whose
chiropractic license has been suspended or revoked, in Texas or any
other jurisdiction, to practice chiropractic in connection with the treat-
ment of a patient of the licensee during the effective period of the sus-
pension or upon revocation.
(h) A licensee is responsible for and will participate in each
patient's care. A licensee shall conform to the minimal acceptable stan-
dards of practice of chiropractic in assessing and evaluating each pa-
tient's status.
(i) It is the responsibility of each licensee to determine the
number of qualified and properly trained persons that the licensee can
safely supervise. A licensee must be on-call when any or all treat-
ment is provided under the licensee's direction unless there is another
licensee present on-site or designated as being on-call.
(j) A licensee's patient records shall differentiate between ser-
vices performed by a doctor of chiropractic and the services performed
by a person under the licensee's supervision.
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-200704219
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
TITLE 28. INSURANCE
PART 1. TEXAS DEPARTMENT OF
INSURANCE
CHAPTER 21. TRADE PRACTICES
SUBCHAPTER B. INSURANCE
ADVERTISING, CERTAIN TRADE PRACTICES,
AND SOLICITATION
28 TAC 21.102 - 21.104, 21.106 - 21.109, 21.113 - 21.116,
21.119 - 21.122The Texas Department of Insurance proposes amendments to
21.102 - 21.104, 21.106 - 21.109, 21.113 - 21.116, 21.119,
21.120, and 21.122, and new 21.121 concerning insurance
advertising, certain trade practices, and solicitation. The pro-
posed amendments are necessary to implement HB 2251 and
HB 2252, as enacted by the 80th Legislature, Regular Session,
effective September 1, 2007, and May 17, 2007, respectively.
HB 2251 defines institutional advertisements on Internet web-
sites. HB 2251 also provides that an insurer must include all
appropriate disclosures and information on an Internet web
page when the page describes specific policies or coverage or
includes an opportunity to apply for coverage or obtain a quote.
HB 2251 also provides that advertisements may be permitted by
Commissioner's rule to comply with the applicable rules relating
to advertising by including a link to a web page that provides
the necessary information to comply with the advertising rules.
Additionally, HB 2251 allows insurers to advertise to the general
public policies or coverages available only to members of an as-
sociation; prohibits the use of an advertisement for an insurance
product relating to Medicare coverage unless the advertisement
includes the prominently displayed language "Not connected
with or endorsed by the United States government or the federal
Medicare program"; allows the term "PPO plan" to be used in
advertisements when referring to a preferred provider benefit
plan; requires that an advertisement for a guaranteed renewable
accident and health insurance policy must include in a promi-
nent place a statement indicating that the rates may change if
the advertisement implies that the rates will not change and that
the statement must generally identify the manner in which the
rates may change; and provides that an advertisement subject
to the Department's filing requirements that is the "same as
substantially similar" to an advertisement previously reviewed
and accepted by the Department is not required to be filed for
review. HB 2252 concerns certain advertising practices that
may be used in the marketing of accident and health insurance
that are not considered discrimination or inducement.
The proposed amendments and new 21.121 are also neces-
sary to revise existing rules to promote efficient and effective
regulation of current advertising practices in the insurance mar-
ket. The amendments also update statutory references resulting
from the nonsubstantive revision of the Insurance Code and in-
ternal references.
21.102 Definitions. The proposed amendments to
21.102(1)(F) change the defined term lead card solicitation to
lead solicitation to better reflect the fact that some lead-generat-
ing strategies do not rely on reply cards to assemble prospective
leads and deletes the word hereby which is superfluous. The
proposed amendments also revise the definition of policy
in 21.102(3) to include viatical or life settlement contracts,
premium finance agreements, and any other product offered
by an insurer and regulated by the Department. The proposal
also amends the definitions of insurer and agent in 21.102(4)
and (5), respectively, to reference viatical and life settlement
providers and viatical and life settlement brokers and provider
representatives, respectively. Section 3.1710 of this title
(relating to Prohibited Practices Relating to Advertising and
Solicitation; Applications and Contracts) subject viatical and life
settlement contract advertising to the requirements in Chapter
21 Subchapter B of this title (relating to Insurance Advertising,
Certain Trade Practices, and Solicitation). Viatical and life
settlement providers, brokers and provider representatives are
not licensed or registered as insurers or agents, nor is a viatical
or a life settlement contract an insurance policy. However,32 TexReg 6730 September 28, 2007 Texas Register
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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/m1/40/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.