Texas TBCE Jurisprudence Exam Questions and Answers 2024/2025, Exams of Law

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Texas TBCE Jurisprudence Exam

Questions and Answers 2024/

What word represents the Texas Board of Chiropractic Examiners? Board What is the term for a person licensed to practice chiropractic by the board? Chiropractor What includes making an incision into any tissue, cavity, or organ by any person or implement? Incisive or Surgical procedure An incisive or surgical procedure does not include what? 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. Then he or she is a person that practices chiropractic The practice of chiropractic does not include what?
5. Incisive or surgical procedures
6. The prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription.
7. 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?

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? 9 The Texas Board of Chiropractic examiners members are appointed by who? 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? 6 How many members represent the public? 3 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. 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. 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. 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? "Texas trade association" Need to read this paragraph: 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 ( 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? Staggered 6 year terms The terms of one-third of the members expire when? On February 1 of each odd-numbered year

True or false: A person may be appointed to serve more than two terms 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? The governor shall appoint a replacement to fill the unexpired term The governor shall designate whom as the board's president? a "CHIROPRACTIC" member of the board True or False: The president serves in that capacity at the will of the governor. True What positions shall the board elect at the first board meeting after the biennial appointment of the board members? 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. 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. 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? the president of the board The president shall then notify whom that a potential ground for removal exists? the governor and the attorney general If the potential ground for removal involves the president, the executive director shall notify whom? 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. 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. 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? Twice (2x/year) A special meeting may be held at the call of how many board members? 3 The seal of the board consists of what? 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. 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. 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. True 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.) 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. 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. True The board may adopt rules and bylaws necessary to:

(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. 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. 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. 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? 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 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. 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. 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 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? Fraud The board shall adopt rules to prevent fraud in the practice of chiropractic, including rules relating to what?

(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 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. True True or False: The board may not appoint committees from its own members. False: The board "MAY" appoint committees from its own members. A committee appointed from the members of the board shall do what? (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 (3) other information the board desires to record. True or False: The register shall show whether an applicant was rejected or licensed. 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. 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. True Pg.