SECTION 80.3. Disciplinary Guidelines

(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