Tyler A. Baker, D.C. President Texas Board of Chiropractic Examiners 1300 E. Anderson Lane Building C, Suite 245 Austin, Texas 78752
Re: Requirements for licensure by reciprocity under section 9 of the Texas Chiropractic Act, article 4512b, V.T.C.S.
Dear Dr. Baker:
As president of the Texas Board of Chiropractic Examiners, you ask about the requirements for licensure by reciprocity in Texas. Section 9 of article 4512b, V.T.C.S., provides in part:
The Texas Board of Chiropractic Examiners shall upon payment by an applicant of a fee grant license to practice chiropractic to licentiates of other states or territories having requirements and practices equal to those established by the laws of this State. (Emphasis added).
The requirements for licensure in Texas include the completion of certain basic science college courses. See art. 4512b, § 10(d). You indicate that certain other states require applicants to pass examinations in basic science courses but do not require the completion of the courses in college. You ask whether this constitutes "requirements and practices equal to those established by the laws of this State." In specific, you want to know whether you may deny a license to an applicant solely on the basis that the state in which the applicant is licensed does not require the completion of these basic science courses in college.
Prior to the enactment of article 4512b, the Basic Sciences Law required all applicants for licensing in the "healing arts" to obtain a certificate of proficiency in anatomy, physiology, chemistry, bacteriology, pathology, and hygiene and public health. See V.T.C.S. art. 4590c, § 1; repealed by Acts 1979, 66th Leg., ch. 556, § 4, at 1151, 1153. This requirement applied to chiropractors. Attorney General Opinion
which now requires the satisfactory completion of courses in anatomy, physiology, chemistry, bacteriology, pathology, hygiene and public health with an average of seventy-five percent (75%) or better in each of the courses. (Emphasis added).
Section 10(d) does not list testing in the basic sciences as an alternative to course completion.
You ask whether the completion of courses in the basic sciences constitutes one of the requirements referred to in section 9 of article 4512b. By the plain language of section 10(d) of article 4512b, Texas law regarding chiropractic licensure requires the actual completion of these basic science courses. The board may therefore consider this requirement as one of the requirements for licensure by reciprocity under section 9. The board may do so, however, only in a reasonable manner. For example, section 10(d) may require the completion of courses in a particular sequence. This sequence requirement may not be imposed unreasonably to deny licensure by reciprocity. See generally Attorney General Opinion
As indicated, section 9 provides, in pertinent part, that the board "shall . . . grant license to practice chiropractic to licentiates of other states or territories having requirements and practices equal to those established" in Texas. The word "shall" is generally construed to be mandatory. Green v. County Attorney of Anderson County,
This conclusion does not mean that the board must refuse to issue a license to an applicant solely on the basis that the applicant is licensed in a state which does not have requirements identical to those imposed in Texas. As indicated, some states require applicants to pass examinations in basic science courses but do not require the completion of the courses in college. The board could determine, in its discretion and upon investigation, that the other state's testing requirements in the basic sciences constitute the substantial equivalent of Texas' requirements. Moreover, in many instances, an applicant from another state may in fact meet Texas' basic science course requirements. The applicant may have actually completed all of the basic science courses required by Texas law in the process of preparing for the other state's examination in the basic sciences.
Denial of licensure by reciprocity to an applicant who meets all of the requirements imposed upon Texas applicants solely on the basis that the non-Texas applicant is licensed in a state which does not itself impose the same requirements would raise serious questions under the
Denial of licensure by reciprocity to an applicant who actually meets all of the requirements imposed upon Texas applicants solely because the non-Texas applicant is licensed in a state which does not itself impose the same requirements would raise serious questions under the
Very truly yours,
Jim Mattox Attorney General of Texas
Jack Hightower First Assistant Attorney General
Mary Keller Executive Assistant Attorney General
Judge Zollie Steakley Special Assistant Attorney General
Rick Gilpin Chairman Opinion Committee
Prepared by Jennifer Riggs Assistant Attorney General