(a) Condition of Renewal. A licensee is required to
attend continuing education courses as a condition of renewal of a
license.
(b) Requirements.
(1) Every licensee shall attend and complete 16 hours
of continuing education each year unless a licensee is exempted under
subsection (d) of this section. Each licensee's reporting year shall
begin on the first day of the month in which his or her birthday occurs.
(2) The 16 hours of continuing education may be completed
at any course or seminar elected by the licensee, which has been approved
under §75.7 of this title (relating to Approved Continuing Education
Courses).
(A) A licensee must attend any course designated as
a "TBCE Required Course," and the course may be counted as part of
the 16 hour requirement. Effective with all doctor of chiropractic
licenses renewed on or after July 1, 2009, a minimum of four of the
16 required hours of continuing education shall include topics designated
by the board.
(i) A minimum of three hours of the total required
continuing education shall consist of a course specifically related
to the Board's rules including the Board's code of ethics, recordkeeping,
documentation, and coding. This continuing education may be taken
online through a course offered by the board. In addition to the requirements
in §75.7 of this title, an instructor for this continuing education
must meet one of the following criteria:
(I) possess a doctorate degree and possess either an
active license to practice chiropractic or law;
(II) is part of the full-time faculty of a chiropractic
college accredited by the Council of Chiropractic Education;
(III) is some other qualified health care provider;
or
(IV) is an individual with substantial knowledge, skills
and abilities in chiropractic practice.
(ii) A minimum of one hour of the total required continuing
education shall relate to risk management relating to the practice
of chiropractic in Texas. For the purpose of this rule, risk management
refers to the identification, investigation, analysis, and evaluation
of risks and the selection of the most advantageous method of correcting,
reducing, or eliminating, identifiable risks. This continuing education
may be taken online through a course offered by the board. In addition
to the requirements in §75.7 of this title, an instructor for
this continuing education must meet one of the following criteria:
(I) possess a doctorate degree and possess either an
active license to practice chiropractic or law;
(II) is part of the full-time faculty of a chiropractic
college accredited by the Council of Chiropractic Education;
(III) is some other qualified health care provider;
or
(IV) is an individual with substantial knowledge, skills
and abilities in chiropractic practice.
(iii) Notwithstanding the requirements in this clause,
licensees who were initially licensed on or after September 1, 2012,
must complete at least eight hours of continuing education in coding
and documentation for Medicare claims no later than their second renewal
period unless they are in exempted status as noted in subsection (d)
of this section. The eight hours of required continuing education
in coding and documentation for Medicare claims may be counted as
part of the total of 16 continuing education hours required during
the year in which the eight hours were completed.
(iv) In addition, from time to time, the board may
issue public memoranda regarding urgent or significant public health
issues that licensees need to be aware of. The board will publish
such memoranda on the board's web site and distribute the memoranda
to the major continuing education providers.
(B) A licensee who serves as an examiner for the National
Board of Chiropractic Examiners' Part IV Examination may receive credit
for this activity, not to exceed eight (8) hours each year.
(C) No more than ten hours or credit may be obtained
through online courses. This provision will become effective on or
after January 1, 2016.
(3) A list of approved courses, including TBCE Required
Courses, is available on the board's website, www.tbce.state.tx.us,
as provided in §75.7(g) of this title. The board will also provide
notice of a TBCE Course in its newsletter.
(4) A licensee who is unable to travel for the purpose
of attending a continuing education course or seminar due to a mental
or physical illness or disability may satisfy the board's continuing
education requirements by completing 16 hours of approved continuing
education courses online. Video courses will no longer qualify for
credit.
(A) If the licensee is unable to take an online course,
the licensee must submit a request for special accommodations to complete
their continuing education requirements.
(B) In order for an online course to be accepted by
the board, a licensee must submit a letter from a licensed doctor
of chiropractic, medicine, or osteopathy who is not associated with
the licensee in any manner. In the letter, the doctor must state the
nature of the illness or disability and certify that the licensee
was ill or disabled, and unable to travel for the purpose of obtaining
continuing education hours due to the illness or disability.
(C) A licensee is required to submit a new certificate
for each year an exemption is sought. An untrue certification submitted
to the board shall subject the licensee to disciplinary action as
authorized by the Chiropractic Act, Occupations Code §201.501
and §201.502.
(D) The ten hour limit provided in subsection (b)(2)
of this section for online courses does not apply to a licensee who
submits a certification under this subsection. This provision will
become effective on or after January 1, 2016.
(c) Verification.
(1) At the request of the Board, a licensee shall submit,
to the board, written verification from each sponsor, of the licensee's
attendance at and completion of each continuing education course which
is used in the fulfillment of the required hours for all years requested.
(2) A licensee submitting hours as a National Boards
examiner must submit written verification of the licensee's participation
from the National Boards, on National Boards letterhead. The verification
must include the licensee's name, board license number, and the date,
time, and place of each examination attended by the licensee as an
examiner.
(3) Failure to submit verification as required by paragraph
(1) of this subsection shall be considered the same as failing to
meet the continuing education requirements of subsection (b) of this
section.
(d) Qualifying exemption. The following persons are
exempt from the requirements of subsection (b) of this section:
(1) a licensee who holds an inactive Texas license.
However, if at any time during the reporting year for which such exemption
applies such person desires to practice chiropractic, such person
shall not be entitled to practice chiropractic in Texas until all
required hours of continuing education credits are obtained and the
executive director has been notified of completion of such continuing
education requirements;
(2) a licensee who is military service member, military
veteran, or military spouse of the United States during part of the
12 months immediately preceding the annual license renewal date;
(3) a licensee who submits proof satisfactory to the
board that the licensee suffered a mental or physical illness or disability
which prevented the licensee from complying with the requirements
of this section during the 12 months immediately preceding the annual
license renewal date; or
(4) a licensee who is in their first renewal period.
(e) A military service member who holds a license is
entitled to two (2) years of additional time to complete:
(1) any continuing education requirements; and
(2) any other requirement related to the renewal of
the military service member's license.
Source Note: The provisions of this §75.5 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective July 26, 2015, 40 TexReg 4690; amended to be effective November 24, 2015, 40 TexReg 8211
