Elonorable Chet Brooks Opinion No. JM-650
Chairman
Eoalth and HumanResources Committee Re: Authority of the Board of
Texas State Senate Chiropractic Examiners with
P. 0. Box 12068 regard to administration of
Austin, Texas 78711 its licensing examination
Dear Senator Brooks:
You request our opinion regarding the authority of the Texas
Board of Chiropractic Examiners to adopt certain procedures with
respect to Its licensing examination. Section 12 of article 4512b.
V.T.C.S.. provides, in pertinent part:
All examinations for license to practice
chiropractic shall be conducted in writing in the
English language and’ in such manner as to be
entirely fair and impartial to all applicants.
All applicants shall be known to the examiners
only by numbers, without names or other method of
identification on examination papers by which
members of the Board may be able to identify such
applicants, or examinees , until after the general
averages of the examinees’ numbers in the class
have been determined, and license granted or
refused. Examinations shall be conducted on
practical and theoretical chiropractic and in
the subjects of anatomy-histology, chemistry,
bacteriology. physiology, symptomatology. path-
ology and analysis of the human spine, and hygiene
and public health. Upon satisfactory examination,
conducted as aforesaid under the rules of the
Board, which shall consist of an average grade of
not less than seventy-five per cent (75%) with not
less than sixty per cent (60%) in,any one subject,
applicants shall be granted license to practice
chiropractic. . . . (Emphasis added).
The board at present conducts one examination designated “x-ray
written” and another designated “x-ray interpretation.” The former
includes written questions about x-ray technology. The latter, “x-ray
interpretation.” consists of the applicant’s “reading” particular
*-rays. The board requires a grade of at least 60% in each of these
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Honorable Chet Brooks - Page 2 fJM-658)
two categories, and then averages those grades together with grades in
other subject areas. You ask whether the board may properly treat
“x-ray written” and vx-ray interpretation” as two distinct subjects
for purposes of the 60% grade requirement.
Section 12 does not include “x-rays” among the subjects on which
au applicant must be examined, but it is clear that the list specified
therein is notexclusive. See also sec. 14b. Moreover, section 12
includes the general subject “pathology and analysis of the human
spine.” There is, In our opinion, uo impediment to the board’s
conducting au examination on the subject of “x-ray.” Nor Is there an
impediment to the examination consisting of two parts, one theoretical
and one practical.
The board may uot, however, consider the two parts as two
separate subjects for purposes of section 12. The language of the
statute requires a grade of at least 60% “in any one subject.”
(Emphasis added.) Although any one subject can be broken down into
numerous narrower subjects, we think that “subject” must be given a
reasonable construction and that, as a result, “x-rays” constitutes
“one subject” only. See sec. 14b. The board is not compelled to
structure examinationsin any particular way: it may. for example,
pose only “interpretation” questions thereon. What it may not do is
to divide the one “subject” of “x-rays” into two parts for the purpose
of requiring a 60% grade in each.
SUMMARY
The Texas Board of Chiropractic Examiners may
not divide the one “subject” of “x-rays” into two
parts for the purpose of requiring a 60% grade
in each pursuant to section 12 of article 4512b.
V.T.C.S.
Attorney General of Texas
JACK HIGRTOUXR
First Assistant Attorney General
MARYXXLLER
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General
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