- (a) The Board may take disciplinary action against a licensee or other person who violates a statute or rule under the Board's jurisdiction.
- (b) The Board's disciplinary actions shall consider the seriousness of the violation, any harm to a patient, the circumstances of the licensee, and the Board's duty to protect the public.
(c) Disciplinary action may include one or more of the following:
- (1) revocation of license;
- (2) suspension of license;
- (3) suspension with probation;
- (4) written formal reprimand;
- (5) administrative penalty;
- (6) repeat taking of the jurisprudence exam; and
- (7) additional continuing education.
(d) The Board may impose additional conditions or restrictions to aid a licensee's rehabilitation and education, including:
- (1) completion of specific continuing education beyond the minimum required of all licensees;
- (2) passing a specific examination;
- (3) restrictions on the type of treatment, treatment procedures, or class of patients to be treated;
- (4) restrictions on the supervision of others; or
- (5) undergoing a psychological or medical evaluation and undergoing any recommended treatment.
(e) During a suspension, a licensee may not:
- (1) receive any remuneration from the practice of chiropractic;
- (2) communicate with any patients other than to ensure continuation of care;
- (3) provide any chiropractic services to any person; or
- (4) be present at any location where chiropractic services are provided.
- (f) The Board shall memorialize all final disciplinary actions in a Board order.
- (g) All Board final disciplinary actions are public record unless otherwise exempted by law.
- (h) The Board shall publish final disciplinary actions.
- (i) The Board shall transmit all final disciplinary actions involving criminal acts, physical or economic harm to patients, or serious violations of statute or rule to the Chiropractic Information Network-Board Action Data Bank (CIN-BAD) or other national data bank as required by law.
- (j) To the extent allowed by law, the Board shall only transmit final disciplinary actions that involve criminal acts, physical or economic harm to patients, or serious violations of statute or rule.
- (k) The Board shall consider reinstating a license that has been finally revoked for more than a year.
- (l) The Board may deny reinstatement of a revoked license or grant reinstatement with or without conditions.
- (m) A person who fails to comply with any term of an agreed order approved by the Board shall be subject to disciplinary action for failure to follow a final Board order.
Source Note:The provisions of this §80.3 adopted to be effective October 3, 2019, 44 TexReg 5622; amended to be effective June 13, 2022, 47 TexReg 3464.