1. (a) A licensee may delegate responsibility to a student or recent graduate under this section if:

   1. (1) the licensee has held an active chiropractic license in good standing in Texas or another jurisdiction for five years; and
   2. (2) the licensee has been licensed by the Board for at least one year.
2. (b) A licensee may delegate to a student currently enrolled in an accredited chiropractic college the performance of adjustments or manipulations if the student has qualified for admission to the college's outpatient clinic.
3. (c) A licensee shall be on-site, but need not be physically present, when a student performs an adjustment or manipulation.
4. (d) A licensee may delegate to a recent graduate of an accredited chiropractic college the performance of adjustments or manipulations.
5. (e) "Recent graduate" is an individual who has graduated within the previous 12 months from an accredited chiropractic college.
6. (f) A licensee shall be on-call when a recent graduate performs an adjustment or manipulation.

7. (g) A licensee delegating responsibility to a recent graduate under subsection (d) of this section shall submit to the Board in writing the following within ten days of hire:

   1. (1) the graduate's name;
   2. (2) the graduate's employment date;
   3. (3) the name of the graduate's chiropractic college;
   4. (4) the date of graduation;
   5. (5) a copy of the graduate's diploma; and
   6. (6) the name and license number of the licensee supervising the graduate.
8. (h) A licensee may not delegate the performance of adjustments or manipulations to a recent graduate under subsection (d) of this section after the one year anniversary of the individual's graduation.
9. (i) An individual performing adjustments or manipulations under subsections (b) or (d) of this section may not represent to the public that the individual is a licensed chiropractor.
10. (j) A licensee may not delegate responsibility to render a diagnosis or prescribe a treatment plan under this section.
11. (k) An individual who violates this section is subject to disciplinary action.

Source Note:The provisions of this §78.4 adopted to be effective March 12, 2020, 45 TexReg 1716.