TEXAS TBCE JURISPRUDENCE EXAM VERIFIED AND UPDATED 2023

What word represents the Texas Board of Chiropractic Examiners? - correct answer Board What is the term for a person licensed to practice chiropractic by the board? - correct answer Chiropractor What includes making an incision into any tissue, cavity, or organ by any person or implement? - correct answer Incisive or Surgical procedure An incisive or surgical procedure does not include what? - correct answer The use of a needle for the purpose of drawing blood or diagnostic testing. If a person uses: 1. Objective or subjective means to analyze, examine, or evaluate the biomechanics condition of the spine and musculoskeletal system of the human body. 2. performs nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system. 3. represents to the public that the person is a chiropractic 4. uses the term chiropractor, chiropractic, doctor of chiropractic, or D.C. - correct answer Then he or she is a person that practices chiropractic The practice of chiropractic does not include what? - correct answer1. Incisive or surgical procedures 2. The prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription. 3. The use of x-ray therapy or therapy that exposes the body to radioactive materials A student enrolled in a chiropractic college can engage in all phases of clinical practice if the practice is what? - correct answer1. Part of the curriculum 2. Conducted under the supervision of a licensed chiropractor or a licensed physician The texas board of chiropractic examiners consists of how many members? - correct answer9 The Texas Board of Chiropractic examiners members are appointed by who? - correct answer The Governor with advice and consent of the senate How many of the board members are reputable practicing chiropractors and have resided in this state for at least five years preceding appointment? - correct answer6 How many members represent the public? - correct answer3 True or False: Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. - correct answer True If a person is: (1) a member of the faculty or board of trustees of a chiropractic school or a doctor of chiropractic degree program; (2) a stockholder in a chiropractic school or college; or (3) has a financial interest in a chiropractic school or college. - correct answer Then the person is not eligible to serve as a member of the board If the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. - correct answer Then the person is not eligible for appointment as a public member of the board What term 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 in dealing with mutual business or professional problems and in promoting their common interest? - correct answer “Texas trade association" Need to read this paragraph: - correct answerA person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care. (3) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board. Members of the board are appointed for how long of a term? - correct answer Staggered 6 year terms The terms of one-third of the members expire when? - correct answer On February 1 of each odd-numbered year True or false: A person may be appointed to serve more than two terms - correct answer False A person may "NOT" be appointed to serve more than two terms What happens if a vacancy occurs because of the death or resignation of a board member? - correct answerThe governor shall appoint a replacement to fill the unexpired term The governor shall designate whom as the board's president? - correct answer a "CHIROPRACTIC" member of the board True or False: The president serves in that capacity at the will of the governor. - correct answer True What positions shall the board elect at the first board meeting after the biennial appointment of the board members? - correct answer one of its members as a vice president and one of its members as secretary-treasurer If a member: (1) does not have at the time of taking office the qualifications required by Sections 201.051 and 201.052(b); (2) does not maintain during service on the board the qualifications required by Sections 201.051 and 201.052(b); (3) is ineligible for membership under Section 201.052 or201.053; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board. - correct answer Then there are grounds for removal from the board If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify whom? - correct answer the president of the board The president shall then notify whom that a potential ground for removal exists? - correct answer the governor and the attorney general If the potential ground for removal involves the president, the executive director shall notify whom? - correct answer the next highest ranking officer of the board, who shall then notify the governor and the attorney general True or False: A board member is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the business of the board. - correct answer True True or false: A member may receive reimbursement for travel expenses, including expenses for meals and lodging, and transportation expenses as provided by the General Appropriations Act. - correct answer False: A member may "NOT" receive reimbursement for travel expenses, including expenses for meals and lodging, other than transportation expenses as provided by the General Appropriations Act. The board shall hold regular meetings to examine applicants and transact business at least how many times per year? - correct answer Twice (2x/year) A special meeting may be held at the call of how many board members? - correct answer3 The seal of the board consists of what? - correct answer a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," around the margin True or False: A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. - correct answer True True or False: A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. - correct answer True True or False: The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board. - correct answerTrue Who is responsible for developing an intra-agency career ladder program? (The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.) - correct answerThe executive director or the executive director's designee True or False: The executive director or the executive director's designee shall develop a system of annual performance evaluations. - correct answer True (And: All merit pay for board employees must be based on the system established under this subsection.) True or False: The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. - correct answer True The board may adopt rules and bylaws necessary to: - correct answer(A) perform the board's duties; and (B) regulate the practice of chiropractic; and (C) relating to the board's proceedings and the board's examination of an applicant for a license to practice chiropractic. True or False: The board shall issue all rules based on a vote of a majority of the board at a regular or special meeting. The issuance of a disciplinary action or disciplinary order of the board is not limited by this subsection. - correct answer True True or False: The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that scope. - correct answer True The rules: (1) must clearly specify the procedures that chiropractors may perform; (2) must clearly specify any equipment and the use of that equipment that is prohibited; and (3) may require a license holder to obtain additional training or certification to perform certain procedures or use certain equipment. True or False: A rule adopted by the board under Section 201.1525 may be challenged on the grounds that the board did not comply with this section. - correct answer False: A rule adopted by the board under Section 201.1525 may "NOT" be challenged on the grounds that the board did not comply with this section. What happens if the board was unable to solicit a significant amount of advice and opinion from the public or from affected persons early in the rule development process? - correct answer Then the board shall state in writing the reasons why the board was unable to do so True or False: CERTIFICATION FOR MANIPULATION UNDER ANESTHESIA IS PROHIBITED - correct answer True True or False: Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia. - correct answer True True or False: The board may adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person. - correct answer False The board may "NOT" adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person. Must Read Paragraph - correct answer The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the use of any advertising medium; (2) restricts the person's personal appearance or use of the person's voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or (4) restricts the use of a trade name in advertising by the person. True or False: The board shall strictly and vigorously enforce the provisions of this chapter prohibiting what topic? - correct answerFraud The board shall adopt rules to prevent fraud in the practice of chiropractic, including rules relating to what? - correct answer(1) the filing of workers' compensation and insurance claims; (2) records required to be maintained in connection with the practice of chiropractic. Must read paragraph on Board Duties regarding complaints - correct answer The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be provided to a person when the person files a complaint with the board. The board shall provide reasonable assistance to a person who wishes to file a complaint with the board. The board by rule shall adopt procedures concerning: (1) the retention of information files on license holders; and (2) the expunction of files on license holders, including complaints, adverse reports, and other investigative information on license holders. True or false: In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a consultant or hearing officer is not liable in a civil action for any alleged injury, wrong, loss, or damage for any investigation, report, recommendation, statement, evaluation, finding, order, or award made in the course of performing the person's official duties. - correct answer True True or False: The board may not appoint committees from its own members. - correct answer False: The board "MAY" appoint committees from its own members. A committee appointed from the members of the board shall do what? - correct answer(1) consider matters referred to the committee relating to the enforcement of this chapter and the rules adopted by the board; and (2) make recommendations to the board. The board shall preserve a record of its proceedings in a register that contains: (1) the name, age, place, and duration of residence of each applicant for a license; (2) the amount of time spent by the applicant in the study of chiropractic in respective doctor of chiropractic degree programs; and