22 TAC §78.10(b)
| CATEGORY I. 1st Offense: $1000* 2nd Offense: $1000* 3rd Offense: $1000* *and/or revocation | |
| Violation | Reference: |
|---|---|
| Practicing without a chiropractic license | 22 TAC §78.9(d) CA §201.301 |
| Practicing with an expired license (nonrenewal due to default student loan) |
22 TAC §75.2(i) CA §§201.301, 201.351, 201.354(f) |
| Practicing with an expired license (nonrenewal) | 22 TAC §75.2(i) CA §§201.301, 201.351, 201.354(f) |
| Practicing while on inactive status | 22 TAC §75.4(f) CA §§201.301, 201.311(b)(2) |
| Practicing in non-compliance with continuing education requirements |
22 TAC §75.6(g) CA §§201.301, 201.354(f) |
| Improper control of patient care and treatment | 22 TAC §73.4(b) |
| Grossly unprofessional conduct | 22 TAC §78.1 CA §201.502(a)(7) |
| Lack of diligence/gross inefficient practice | 22 TAC §78.2 CA §201.502(a)(18) |
| Practicing outside the scope of practice | 22 TAC §§78.2, 78.13; 78.15 CA §§ 201.002, 201.502(a)(1), (18) |
| Performing radiologic procedures without registering, with an expired registration, or without DSHS approval; failure to renew (including non-payment of fees) |
22 TAC §74.2(a), (d), (e), (h) |
| MRTCA, DSHS rules or order | 22 TAC §74.2(h), (j), (o) |
| Performing (1) radiologic procedures without supervision, or (2) cineradiography or other restricted procedure |
22 TAC §74.2(g), (k), (l), (m) (1), (2) |
| Permitting a non-registered or non-DSHS approved person to perform radiologic procedures or CRT to perform procedures without supervision |
22 TAC §74.2(k), (n) |
| Delegating to a non-licensee authority to perform adjustments or manipulations |
22 TAC §77.5(b), (f), (i), (j) |
| Failure to supervise a student or recent graduate | 22 TAC §77.5(c), (d) |
| Delegating authority to a licensee whose license has been suspended or revoked |
22 TAC §77.5(h) CA §201.5025(a)(6)(A) |
| Failure to comply with the CA, other law or a board order or rule |
22 TAC §78.9(c) CA §§201.501, 201.502(a)(1) |
| Failure to comply with down-time restrictions | 22 TAC §78.9(f) |
| Medicaid fraud | CA §201.502(a)(2), (7); HRC §§36.002, 36.005 |
| Solicitation | Occ. Code §§102.001, 102.006 CA §201.502 (a)(21) |
| Default on Student Loan | Occ. Code Chapter 56 22 TAC §77.6 |
| Failure to comply with requirements/restrictions on prepaid treatment plans |
22 TAC §77.12 |
| Failure to respond to board inquiries | 22 TAC §§78.3(h), 78.5 |
| Failure to report criminal conviction | 22 TAC §78.3(f) |
| Statutory violations: Deception or fraud in practice Presenting/using license, certificate or diploma/transcript illegally/fraudulently obtained, counterfeit/altered Presenting untrue statement/document/testimony to pass examination Conviction of crime of moral turpitude or felony Procuring or assisting an abortion Grossly unprofessional conduct or dishonorable conduct likely to deceive or defraud public Habit of intemperance or drug addiction or other habit endangering life of patient Directly/indirectly employing/associating with person commits unlicensed practice Purchasing, selling, bartering, etc. a chiropractic degree, license, certificate, diploma/transcript relating to application to practice Altering with fraudulent intent chiropractic license, certificate, or diploma Impersonating or acting as proxy in examination Impersonating a licensed chiropractor Permitting a license to be used by another to practice Proved insane Failing to clearly differentiate a chiropractic office/clinic from another business/enterprise Personal solicitation of patient or causing patient to be solicited by use of case history of another patient of another chiropractor Submission of false or misleading statement, document or certificate in application for licensure Commission of fraud/deception in taking/passing exam Commission of unprofessional/dishonorable conduct that is likely to deceive/defraud, or injure public Engage in conduct that subverts or attempts to subvert examination process Directly/indirectly employs a person whose license to practice has been suspended/cancelled/revoked Associates in practice – person with license to practice has been suspended/cancelled/revoked or convicted of unlawful practice in Tx or elsewhere Directly/indirectly aids or abets practice of chiropractic by unlicensed person Commits an act resulting from unprofessional or dishonorable conduct that does deceive/defraud public: violates any state/federal law connected with practice prescribes/administers a nontherapeutic treatment violates Section 311.00025 of Health and Safety Code Failure to adequately supervise activities of staff Knowingly delegating responsibility to unqualified persons |
CA §§201.502(a)(2) - (8), (10), (12) - (17), (19) - (20); 201.5025(a)(1)-(7); 201.5026(a)(1)-(5) |
| Impaired licensee/applicant | 22 TAC §72.4 |
| Criminal Conviction | Occ. Code §53.021 CA §§201.502(a)(5); 201.5065 22 TAC §78.3(b),(c) |
| Unauthorized Practice of Acupuncture | 22 TAC §78.17 |
| Permitting unlicensed person to practice | CA §§201.502(a)(10); 201.5025(a)(7) |
| Violation of patient confidentiality | CA §201.402(a) |
| Practicing chiropractic while intoxicated | CA §201.606(b) |
| CATEGORY II. 1st Offense: $500 2nd Offense: $750* 3rd Offense: $1000* *and/or suspension |
|
| Violation | Reference |
| Fail to report Out-of-Facility practice | 22 TAC §77.9 |
| Operating a facility without a certificate of registration or with an expired registration |
CA §201.312 22 TAC §§73.2(a), 73.3(f), 73.4(a) |
| Practicing in a facility without a certificate of registration or with an expired registration |
CA §201.312 22 TAC §73.2(k) |
| Unauthorized disclosure of patient records | 22 TAC §77.7 CA §§201.402, 201.405 |
| Overtreating/overcharging a patient | 22 TAC §78.1(a)(4) HPCA §101.203 |
| Publicity Misleading Claims Deception or Fraud in Practice Advertising statement – false, tends to mislead, or deceive public |
22 TAC §§77.2, 77.4 CA §201.502(a)(2), (9), (11); HPCA §101.201 |
| CATEGORY III. 1st Offense: $250 2nd Offense: $500* 3rd Offense: $1000* *and/or suspension |
|
| Violation | Reference |
| Failure to furnish patient records Overcharging for copies of patient records |
22 TAC §77.7 CA §201.405(f) |
| Failure to disclose charges to patient | 22 TAC §§78.1(a)(6), 77.3(a) HPCA §101.202 |
| Failure to maintain patient records | 22 TAC §77.8 |
| CATEGORY IV. 1st Offense: $250 2nd Offense: $500 3rd Offense: $1000 | |
| Violation | Reference |
| Failure to display public interest information, current facility registration or current annual license renewal |
22 TAC §78.7 |
| Failure to complete CRT continuing education | 22 TAC §74.2(i) |
| Failure to comply with Spinal Screenings requirements | 22 TAC §78.17 |
| CATEGORY V. 1st Offense: $250 2nd Offense: $400 3rd Offense: $500 | |
| Violation | Reference |
| Failure to report change of address | 22 TAC §75.1 |
| Failure to report change of facility address/ownership | 22 TAC §73.4(c) |
| Failure to report locum tenens information | 22 TAC §75.2(b) |
| Use of the term "physician," "chiropractic physician" | CA §201.502(a)(22) |
| Failure to use "chiropractor," "D.C." in advertising | 22 TAC §§77.2 (f); 78.1(a)(2) |