Title OC, Occupations Code

Sec. 201.5026. UNPROFESSIONAL OR DISHONORABLE CONDUCT. (a) For purposes of Section 201.5025(a)(3), unprofessional or dishonorable conduct that is likely to deceive or defraud the public includes conduct in which a chiropractor: (1) commits an act that violates any state or federa…

Sec. 201.503. SCHEDULE OF SANCTIONS. (a) The board by rule shall adopt a schedule of the maximum amount of sanctions that may be assessed against a license holder for each category of violation of this chapter. In establishing the schedule of sanctions or in imposing the amount o…

Sec. 201.504. INFORMAL PROCEEDINGS; REFUNDS. (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal proceeding held in compliance with Section 2001.054, Government Code. (b)…

Sec. 201.505. HEARINGS. (a) A person is entitled to a hearing before the board if the board proposes to: (1) refuse the person's application for a license; (2) suspend or revoke the person's license; or (3) place on probation or reprimand the person. (b) The board is not bound by…

Sec. 201.506. ENFORCEMENT COMMITTEE. (a) The board shall appoint an enforcement committee to: (1) oversee and conduct the investigation of complaints filed with the board under this chapter; and (2) perform other enforcement duties as directed by the board. (b) The enforcement co…

Sec. 201.5065. REQUIRED SUSPENSION OR REVOCATION OF LICENSE FOR CERTAIN OFFENSES. (a) The board shall suspend a chiropractor's license on proof that the chiropractor has been: (1) initially convicted of: (A) a felony; (B) a misdemeanor under Chapter 22, Penal Code, other than a m…

Sec. 201.507. TEMPORARY LICENSE SUSPENSION. (a) The enforcement committee may temporarily suspend the license of a license holder on an emergency basis if the enforcement committee determines from the evidence or information presented to the committee that the continued practice …

Sec. 201.508. POWERS OF DISTRICT COURTS; DUTIES OF DISTRICT AND COUNTY ATTORNEYS. (a) A district court may revoke or suspend a chiropractor's license on proof of a violation of the law relating to the practice of chiropractic. (b) On the request of the board, a district or county…

Sec. 201.509. REPRESENTATION BY ATTORNEY GENERAL. (a) The board may apply to the attorney general for representation by stating that the board previously requested the representation of a district or county attorney under Section 201.508 and the district or county attorney failed…

Sec. 201.510. RIGHT TO APPEAL. (a) A person whose license to practice chiropractic has been revoked or suspended or against whom the board has imposed an administrative penalty may appeal to a Travis County district court. (b) The decision of the board may not be enjoined or stay…

Sec. 201.511. REISSUANCE OF LICENSE. (a) On application, the board may reissue a license to practice chiropractic to a person whose license has been canceled or suspended. (b) An applicant whose license has been canceled or revoked: (1) may not apply for reissuance before the fir…

Sec. 201.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule or order adopted under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. S…

Sec. 201.552. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $1,000. (b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 201.553. ENFORCEMENT COMMITTEE RECOMMENDATIONS. (a) On a determination by the enforcement committee that a violation of this chapter or a rule or order adopted under this chapter occurred, the committee may issue a report to the board stating: (1) the facts on which the dete…

Sec. 201.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date a person receives the notice under Section 201.553, the person may: (1) accept in writing the enforcement committee's determination and recommended administrative penalty; or (2)…

Sec. 201.555. HEARING ON ENFORCEMENT COMMITTEE RECOMMENDATIONS. (a) If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice of the hearing to the person. (b) A hearing set by the executive director unde…

Sec. 201.556. DECISION BY BOARD. (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that: (1) a violation has occurred and impose an administrative penalty; or (2) a violation did not occur. (b) The notice of the b…

Sec. 201.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay the penalty and file a petition for judicial review contesting the fact of the vi…

Sec. 201.558. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may, at the direction of the enforcement committee, refer the matter to the attorney general for collection of the p…

Sec. 201.559. DETERMINATION BY COURT. (a) If a court sustains the finding that a violation occurred after the court reviews the order of the board imposing an administrative penalty, the court may uphold or reduce the amount of the penalty and order the person to pay the full or …

Sec. 201.560. REMITTANCE OF PENALTY AND INTEREST. (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) order the appropriate amount, plus accrued interest, be remitted to the person…

Sec. 201.561. ADMINISTRATIVE PROCEDURE. All proceedings under this subchapter are subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER M. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 201.601. INJUNCTIVE RELIEF. (a) The board may institute in the board's name an action to restrain a violation of this chapter. An action under this subsection is in addition to any other action authorized by law. (b) The state may sue for an injunction to restrain the practi…

Sec. 201.6015. CEASE AND DESIST ORDER. (a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of chiropractic without a license or registration under this chapter, the board, after notice and opportunity for a hearing, may iss…

Sec. 201.602. MONITORING LICENSE HOLDER. The board by rule shall develop a system for monitoring compliance with the requirements of this chapter of a license holder who is the subject of disciplinary action. Rules adopted under this section must include procedures to: (1) monito…

Sec. 201.603. CIVIL PENALTY. (a) A person who violates this chapter or a rule adopted by the board under this chapter is liable to the state for a civil penalty of $1,000 for each day of violation. (b) At the request of the board, the attorney general shall bring an action to rec…

Sec. 201.604. GENERAL CRIMINAL PENALTY. A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $500 or by confinement in the county jail for not more than 30 days. Acts…

Sec. 201.605. CRIMINAL PENALTY: PRACTICE WITHOUT LICENSE. (a) A person commits an offense if the person violates Section 201.301. (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor. (c) If it is shown on the trial of the offense that …

Sec. 201.606. CRIMINAL PENALTY: PROVIDING CHIROPRACTIC TREATMENT OR SERVICES WHILE INTOXICATED. (a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (b) A person commits an offense if the person is licensed or regulated under this chapter, pro…

Sec. 202.001. DEFINITIONS. (a) In this chapter: (1) "Advisory board" means the Podiatric Medical Examiners Advisory Board. (1-a) "Commission" means the Texas Commission of Licensing and Regulation. (1-b) "Department" means the Texas Department of Licensing and Regulation. (2) "Ex…

Sec. 202.003. APPLICATION OF CHAPTER. (a) This chapter does not apply to: (1) a physician licensed by the Texas State Board of Medical Examiners; (2) a surgeon of the United States Army, United States Navy, or United States Public Health Service, when performing that person's off…

Sec. 202.051. BOARD MEMBERSHIP. (a) The Podiatric Medical Examiners Advisory Board consists of nine members appointed by the governor as follows: (1) six members who are licensed in this state to practice podiatry and have been actively engaged in the practice of podiatry for the…

Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the advisory board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is empl…

Sec. 202.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession …

Sec. 202.055. TERMS; VACANCIES. (a) Members of the advisory board serve staggered six-year terms, with the term of three members expiring on February 1 of each odd-numbered year. At the expiration of the term of each member, the governor shall appoint a successor. (b) If a vacanc…

Sec. 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the advisory board that a member: (1) does not have at the time of taking office the qualifications required by Section 202.051 or 202.053; (2) does not maintain during service on the advisory board the qualif…

Sec. 202.057. COMPENSATION; REIMBURSEMENT OF EXPENSES. An advisory board member may not receive compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act. A…

Sec. 202.058. PRESIDING OFFICER. The governor shall appoint one of the advisory board members to serve as presiding officer of the advisory board at the pleasure of the governor. The presiding officer may vote on any matter before the advisory board. Acts 1999, 76th Leg., ch. 388…

Sec. 202.059. MEETINGS. (a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 62(3), eff. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R…

Sec. 202.062. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 14, eff. September 1, 2017. SU…

Sec. 202.1515. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The commission shall adopt rules necessary to administer and enforce this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 16, eff. September…

Sec. 202.153. FEES. The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 17, ef…

Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once each biennium, the department shall provide to license holders information on: (1) prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances; (2)…

Sec. 202.161. POISON CONTROL CENTER INFORMATION. The department shall provide to license holders information regarding the services provided by poison control centers. Added by Acts 2003, 78th Leg., ch. 1163, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2017, 85th Leg., R.S., Ch.…

Sec. 202.2031. NOTIFICATION TO PARTIES REGARDING COMPLAINT. (a) The department shall notify a license holder who is the subject of a complaint filed with the department that a complaint has been filed and shall notify the license holder of the nature of the complaint. (b) The dep…

Sec. 202.2032. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In this section: (1) "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint. (2) "Insurance agent" means a person licensed under Cha…