1. (a) A lack of proper diligence in the practice of chiropractic or the gross inefficient practice of chiropractic when applied to a licensee or chiropractic facility includes but is not limited to the following:

   1. (1) failing to conform to the minimal acceptable standards of practice of chiropractic, regardless of whether or not actual injury to any person was sustained, including, but not limited to:

      1. (A) failing to assess and evaluate a patient's status;
      2. (B) performing or attempting to perform procedures in which the chiropractor is untrained by education or experience;
      3. (C) delegating chiropractic functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question; or
      4. (D) causing, permitting, or allowing physical injury to a patient or impairment of the dignity or the safety of a patient;
   2. (2) failing to provide direct supervision of students or other persons as required by §80.1 of this title (relating to Delegation of Authority) or §78.1 of this title (relating to Registration of Chiropractic Radiologic Technologists).
2. (b) Conduct enumerated in subsection (a) of this section may also constitute, under appropriate circumstances, violations of other provisions of the Chiropractic Act or other board rules, including but not limited to those which prohibit grossly unprofessional conduct or dishonorable conduct.

Source Note:The provisions of this §75.2 adopted to be effective August 2, 1998, 23 TexReg 7559.