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A regular quarterly meeting of the Texas Board of Chiropractic Examiners (Board) was held May 16, 2019, in Austin. The following is a summary of Board actions taken during this meeting. The Board voted to adopt amendments to the following rules: Rule 78.14 – The rule relating to acupuncture was amended to clarify the requirements for obtaining an acupuncture permit for those licensees who have been practicing since before 2010. Rule 77.4 – The rule relating to misleading claims was amended to make clear that claims, if untrue or exaggerated, regarding the negative consequences of not receiving chiropractic treatment may also be misleading. The amendments further update the rule by eliminating superfluous language. The Board voted to adopt the repeal and replacement of the following rule: Rule 80.4 – The rule relating to the Board’s schedule of disciplinary sanctions was repealed and replaced with a new rule to bring the Board’s rules in compliance with changes to Texas Occupations Code Chapter 201 that removed the registration of chiropractic facilities from the Board’s jurisdiction. The secondary reason is to update the schedule to reflect new rule cites after the recent renumbering and renaming of the majority of Board rules in November 2018. The Board voted to withdraw the following proposed new rule: Rule 75.1 – Because of a procedural error, the Board needed to withdraw this proposed new rule defining unsafe and unsanitary conditions and replace it with another proposed new rule, Rule 75.8. The Board voted to propose three new rules, which will be posted in the Texas Register for a 30-day comment period: Rule 75.7 – The proposed new rule will move the language regarding the display of a license from Rule 75.6 (Mandatory Notice to Public) into a stand-alone rule. Rule 75.8 – The purpose of this proposed new rule is to establish basic sanitary and safety standards for locations where chiropractic is practiced. This rule-making is also in response to a recommendation made by the Texas Sunset Commission as part of its review of agency policies, procedures, and operations. Please note that this proposed new rule is replacing the proposed new Rule 75.1. Rule 80.9 – The proposed new rule will move the temporary license suspension provisions currently in Rule 80.2 into a new stand-alone rule. The new rule is intended to make those provisions easier for readers to find. The Board voted to propose the repeal and replacement of the following rules, which will be posted in the Texas Register for a 30-day comment period: Rule 72.19 – This proposed action is intended to make the rule more readable and accessible by incorporating the separate fee schedule into the body of the rule. It also removes fees related to the registration of radiologic technicians and unnecessary language relating to public information requests. Rule 75.2 – This proposed action is intended to remove references to chiropractic facilities and to make the rule more readable. The rule will also be renamed to "Place of Business." Rule 75.6 – This proposed action is intended to make the rule more readable and update the mandatory notice placard. It also removes language regarding the display of a license, which will be placed in a new stand-alone rule, Rule 75.7. Rule 80.1 – This proposed action is a clean-up intended to make the rule more readable and to remove references to chiropractic facilities. Rule 80.2 – This proposed action is a clean-up intended to make the rule more readable and to remove references to radiologic technologists. The proposal also removes the Board's complaint form from the body of the rule in order to allow the Board to update the form without going through the rule-making process. It also removes language regarding temporary license suspensions, which will be placed in proposed new Rule 80.9 as a stand-alone rule. Rule 80.3 – This proposed action is a clean-up intended to make the rule more readable, remove unnecessary language and to make clear when the Board will not report minor administrative violations to the national database. This is proposed in conjunction with the proposed repeal of Rule 79.3. Rule 80.5 – This proposed action is a clean-up intended to make the rule more readable. Rule 80.6 – This proposed action is a clean-up intended to make the rule more readable. Rule 80.7 – This proposed action is a clean-up intended to make the rule more readable and eliminate unnecessary verbiage. The Board voted to propose the repeal of the following rule, which will be posted in the Texas Register for a 30-day comment period: Rule 79.3 – As discussed at the January 31, 2019, Board meeting, it is staff’s legal opinion that this rule exceeds the Board's statutory authority contained in Texas Occupations Code §201.156 (Board Duties Regarding Complaints). The proposed repeal and replacement of Rule 80.3 will address this issue by making it clear when the Board will not report minor administrative violations to the national database. Source: http://www.tbce.state.tx.us/NewsLetter/2019/NLJuly2019.pdf