Texas TBCE Jurisprudence Exam 2023
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What word represents the Texas Board of Chiropractic Examiners? - CORRECT
ANS Board
What is the term for a person licensed to practice chiropractic by the board? -
CORRECT ANS Chiropractor
What includes making an incision into any tissue, cavity, or organ by any person or
implement? - CORRECT ANS Incisive or Surgical procedure
An incisive or surgical procedure does not include what? - CORRECT ANS 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 ANS Then he or she is a person that practices chiropractic
The practice of chiropractic does not include what? - CORRECT ANS 1. 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 ANS 1. 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 ANS 9
The Texas Board of Chiropractic examiners members are appointed by who? -
CORRECT ANS 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
ANS 6
How many members represent the public? - CORRECT ANS 3
True or False:
Texas TBCE Jurisprudence Exam 2023
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Appointments to the board shall be made without regard to the race, color, disability,
sex, religion, age, or national origin of the appointee. - CORRECT ANS 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 ANS 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 ANS 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 ANS "Texas trade association"
Need to read this paragraph: - CORRECT ANS A 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.
Texas TBCE Jurisprudence Exam 2023
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(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 ANS
Staggered 6 year terms
The terms of one-third of the members expire when? - CORRECT ANS On
February 1 of each odd-numbered year
True or false:
A person may be appointed to serve more than two terms - CORRECT ANS
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 ANS The governor shall appoint a replacement to fill the
unexpired term
The governor shall designate whom as the board's president? - CORRECT ANS
a "CHIROPRACTIC" member of the board
True or False:
The president serves in that capacity at the will of the governor. - CORRECT ANS
True
What positions shall the board elect at the first board meeting after the biennial
appointment of the board members? - CORRECT ANS 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 ANS 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 ANS the president of the board
Texas TBCE Jurisprudence Exam 2023
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The president shall then notify whom that a potential ground for removal exists? -
CORRECT ANS the governor and the attorney general
If the potential ground for removal involves the president, the executive director shall
notify whom? - CORRECT ANS 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 ANS
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 ANS 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 ANS Twice (2x/year)
A special meeting may be held at the call of how many board members? -
CORRECT ANS 3
The seal of the board consists of what? - CORRECT ANS 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 ANS 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 ANS 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 ANS True
Who is responsible for developing an intra-agency career ladder program?
Texas TBCE Jurisprudence Exam 2023
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(The program must require intra-agency postings of all nonentry level positions
concurrently with any
public posting.) - CORRECT ANS The 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 ANS 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 ANS True
The board may adopt rules and bylaws necessary to: - CORRECT ANS (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 ANS 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 ANS 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:
Texas TBCE Jurisprudence Exam 2023
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solution graded A+ (Already passed)
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 ANS 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 ANS 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 ANS 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 ANS 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 ANS 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 ANS 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 ANS Fraud
Texas TBCE Jurisprudence Exam 2023
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The board shall adopt rules to prevent fraud in the practice of chiropractic, including
rules relating to what? - CORRECT ANS (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 ANS
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 ANS True
True or False:
The board may not appoint committees from its own members. - CORRECT ANS
False:
The board "MAY" appoint committees from its own members.
A committee appointed from the members of the board shall do what? - CORRECT
ANS (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;
Texas TBCE Jurisprudence Exam 2023
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(2) the amount of time spent by the applicant in the study of chiropractic in respective
doctor of chiropractic degree programs; and
(3) other information the board desires to record. - CORRECT ANS
True or False:
The register shall show whether an applicant was rejected or licensed. -
CORRECT ANS True
True or False:
The information recorded in the register is prima facie
evidence of the matters contained in the register. A certified copy of the register with
the seal of the board is admissible as evidence in any court of this state. -
CORRECT ANS True
True or False:
The board shall implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform its functions. The
policy must ensure that the public is able to interact with the board on the Internet. -
CORRECT ANS True
Pg.15 - CORRECT ANS
Texas TBCE Jurisprudence Exam - CORRECT ANS
