(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:
Attached Graphic
[Figure: 22 TAC §78.10(b)]
(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.
The agency certifies that legal counsel has reviewed
the
proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on December 28, 2016
TRD-201606748 Courtney Ebeier
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 12, 2017
For further information, please call: (512) 305-6715
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