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TITLE 22EXAMINING BOARDS
PART 3TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 78SCOPE OF PRACTICE
RULE §78.2Prohibitions

(a) The practice of chiropractic does not include:

  (1) incisive or surgical procedures;

  (2) the prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription; or

  (3) the use of x-ray therapy or therapy that exposes the body to radioactive materials.

(b) Aspects of Prohibition.

  (1) Examination and evaluation services, and the equipment used for such services, which are outside the scope of chiropractic practice include:

    (A) incisive or surgical procedures;

    (B) the prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription;

    (C) the use of x-ray therapy or therapy that exposes the body to radioactive materials; or

    (D) other examination and evaluation services that are inconsistent with the practice of chiropractic and with the examination and evaluation services described under this subsection.

  (2) Analysis, diagnosis, and other opinions regarding the findings of examinations and evaluations which are outside the scope of chiropractic include:

    (A) incisive or surgical procedures;

    (B) the prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription;

    (C) the use of x-ray therapy or therapy that exposes the body to radioactive materials; or

    (D) other analysis, diagnosis, and other opinions that are inconsistent with the practice of chiropractic and with the analysis, diagnosis, and other opinions described under this subsection.

  (3) The treatment procedures and services provided by a licensee which are outside of the scope of practice include:

    (A) incisive or surgical procedures;

    (B) the prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription;

    (C) the use of x-ray therapy or therapy that exposes the body to radioactive materials;

    (D) cosmetic treatments; or

    (E) other treatment procedures and services that are inconsistent with the practice of chiropractic and with the treatment procedures and services described under this subsection.

(c) Questions Regarding Scope of Practice. Further questions regarding whether a service or procedure is within the scope of practice and this rule may be submitted in writing to the Board and should contain the following information:

  (1) a detailed description of the service or procedure that will provide the Board with sufficient background information and detail to make an informed decision;

  (2) information on the use of the service or procedure by chiropractors in Texas or in other jurisdictions; and

  (3) an explanation of how the service or procedure is consistent with either:

    (A) using subjective or objective means to analyze, examine, or evaluate the biomechanical condition of the spine and musculoskeletal system of the human body; or

    (B) performing nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system.


Source Note: The provisions of this §78.2 adopted to be effective January 29, 2015, 40 TexReg 379; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963

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