TBCE Proposes Replacement of Rule 78.10
Written by Editor   
Wednesday, September 09, 2015 03:02 PM

The Texas Board of Chiropractic Examiners (Board) proposes the repeal of Chapter 78, §78.10, concerning Schedule of Sanctions. The repeal is necessary in order to clarify, restructure and draft a new rule regarding Board procedures to provide concise and clear guidance to the public and licensees.

The Texas Board of Chiropractic Examiners (Board) proposes new Chapter 78, §78.10, concerning Schedule of Sanctions. The proposed new rule is necessary in order to clarify the Board's rule and provide harmony with existing statutes and rules.  Red indicates newly added language.  Strikethrough indicates language to be deleted.

 

§78.10.Schedule of Sanctions.
 
(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
 
(1) APA--Administrative Procedure Act, Government Code, Chapter 2001.
 
(2) Board--Texas Board of Chiropractic Examiners.
 
(3) Chiropractic Act or CA--Occupations Code, Chapter 201 (formerly Texas Civil Statutes, Article 4512b).
 
(4) HPCA--Health Professions Council Act, Occupations Code, Chapter 101.
 
(5) HRC--Human Resources Code.
 
(6) Licensee--A person who is licensed by the board to practice chiropractic in the State of Texas.
 
(7) MRTCA--Medical Radiologic Technologist Certification Act, Occupations Code, Chapter 601.
 
(8) Occ. Code--Occupations Code.
 
(9) Respondent--An individual or facility regulated by the board against whom a complaint has been filed.
 
(10) SOAH--State Office of Administrative Hearings.
 
(11) DSHS--Department of State Health Services.
 
(b) The following table contains maximum sanctions that may be assessed for each category of violation listed in the table:
 
 
(c) In a case where a respondent has committed multiple violations or multiple occurrences of the same violation, Board staff, the enforcement committee or an administrative law judge may recommend and the board may impose sanctions in excess of a maximum sanction specified in the maximum sanction table provided by subsection (b) of this section, if otherwise authorized by law. For the fourth and subsequent offenses of any violation listed in the maximum sanction table with three levels of sanctions, the maximum sanction is revocation and/or $1,000 administrative penalty.
 
(d) An administrative penalty may not exceed $1,000 per day for each violation. Each day a violation continues or occurs is a separate violation for the purposes of imposing an administrative penalty.
 

(e) For violation of a statute which is not listed in the maximum sanction table and for which the board is authorized to take disciplinary action, the maximum sanction is revocation and/or $1,000 administrative penalty.