The Texas Board of Chiropractic Examiners (Board) proposes the repeal of Chapter 78, §78.14, concerning Acupuncture. This rule will be replaced by a new acupuncture rule at the Board meeting on August 16, 2018. The proposed repeal and replacement is to promote a clear understanding of the use of acupuncture as a modality by chiropractors.

The Board's Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed repeal.

Mr. Fortner has determined that the expected public benefit of the proposed repeal will be clarity and guidance for the public and stakeholders regarding the use of acupuncture in the practice of chiropractic.

Mr. Fortner has also determined that the proposed repeal will not have an adverse economic effect on small businesses, rural communities or individuals, because it does not impose any duties or obligations upon small businesses, rural communities or individuals.

GOVERNMENT GROWTH IMPACT: Mr. Fortner has determined that the proposed repeal does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

Comments on the proposed repeal and/or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 333 Guadalupe St, Tower III, Suite 825, Austin, Texas 78701, via email rules@tbce.state.tx.us; or fax, (512) 305-6705, no later than 30 days from the date that this proposed repeal is published in the Texas Register.

The repeal is proposed under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. The Board is further authorized to adopt rules based upon the relevant portions of the Administrative Procedure Act, Government Code §2001.

No other statutes, articles or codes are affected by the repeal.