The job of the Texas Chiropractic Board is to protect and promote the welfare of the people of Texas. They do this by ensuring each person who is a chiropractor and holds a license as a chiropractor or other chiropractic professional in the State of Texas is competent to practice safely. This means the Texas Chiropractic Board has the authority to discipline the license of any doctor or other health professional. Chelle Law’s Texas Chiropractic Board Attorneys have represented over 1000 health care professionals before licensing boards and have the experience needed to help physicians with Texas Chiropractic Board matters.
Texas Chiropractic Board Complaint
Who can file a complaint against a chiropractor? Patients, Health Care Facilities, other professionals, among others. When the Texas Chiropractic Board receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the physician will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for physicians as they must submit a response, interview with the investigator while also possibly appearing at a Texas Chiropractic Board.
Chiropractic Application Denial Assistance
Applicants to the Texas Chiropractic Board who have a criminal history or previous discipline by the Texas Chiropractic Board (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board.
Reporting a Criminal Charge to the Texas Chiropractic Board
Physicians are required to report not only convictions and deferred adjudications, but also arrests on their bi-annual license renewal. However, other crimes may need to be reported immediately. An applicant for a chiropractic license shall disclose in writing to the Board any conviction or deferred adjudication at the time of the application for licensure. A current licensee shall disclose in writing to the board any conviction or deferred adjudication against him or her at the time of renewal or no later than 30 days after judgment in the trial court, whichever date is earlier. The applicant for a license or current licensee shall provide certified copies of the indictment or information and the judgment of the court with this notification. Per Texas Section 201.5065, a chiropractor’s license shall be suspended upon proof that initially convicted of:
- a felony;
- a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
- a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
- a misdemeanor under Section 25.07, Penal Code; or
- a misdemeanor under Section 25.071, Penal Code
Chiropractic Board Administrative Appeal and Hearing
Any licensee may request an appeal of an Texas Chiropractic Board disciplinary action to an administrative law judge with the Texas Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A physician’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If n individuals feels there has been a mistake they can request a rehearing.
Texas Chiropractor Disciplinary Actions
Texas Chiropractic Board disciplinary actions are given to physicians with a license or certification in Texas. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Texas laws and regulations. Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the physician formal discipline. Disciplinary actions can include:
- Letter of Reprimand
- Agreed Order
- Board Order
- Mass Docket Order
- Cease and Desist
- License Renewal Denial
- Voluntary Surrender
If you’re interested in setting up a consultation with our Texas Chiropractic Board Attorney at Chelle Law or learning more about any of the services we provide to Texas chiropractors we invite you to reach out to us today.