Texas Register Preamble

The Texas Board of Chiropractic Examiners (Board) proposes this new rule to replace Chapter 78, §78.14, to promote a clear understanding of the use of acupuncture as a modality by chiropractors. Accordingly, this rule is proposed to replace the current Acupuncture rule.

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

Mr. Fortner has determined that for the first five-year period the proposed rule is in effect, the expected public benefit will be clarity and guidance for the public and stakeholders regarding the Board's Expert Review process.

Mr. Fortner has also determined that the proposed new rule 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 amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

Comments on the proposed new rule and/or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 333 Guadalupe Street, 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 amended rule is published in the Texas Register.

The new rule 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 amendment.

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