SECTION 78.3. General Delegation of Responsibility

(a) "Qualified individual" means an unlicensed individual with adequate education, training, and skill to perform an act.

(b) A licensee may not delegate responsibility to render a diagnosis, prescribe a treatment plan, or perform adjustments or manipulations under this section.

(c) A licensee may delegate responsibility to a qualified individual to perform acts within the scope of practice, including:

(1) taking a medical history;

(2) taking or recording vital signs;

(3) taking or recording range of motion measurements;

(4) performing physical treatments or modalities;

(5) demonstrating exercises or stretches;

(6) demonstrating the use of supports and devices; or

(7) performing radiological procedures.

(d) A licensee shall document that an individual is qualified to perform an act.

(e) A licensee may not allow an individual whose chiropractic license has expired or been suspended or revoked in any jurisdiction to treat a patient in any manner, including acts in subsection (c) of this section.

(f) A licensee shall determine a reasonable number of qualified individuals a licensee can safely supervise.

(g) A licensee shall be physically present or on-call when any qualified individual performs an act in subsection (c) of this section unless another licensee is physically present at the place of business or on-call.

(h) "On-call" means a licensee must be available for voice consultation within 15 minutes.

(i) A licensee shall differentiate on a patient's records between acts performed by the licensee and acts performed by a qualified individual.

Source Note: The provisions of this §78.3 adopted to be effective March 20, 2022, 47 TexReg 1455