Section 78.3 - General Delegation of Responsibility(a) "Qualified individual" means an unlicensed individual with adequate education, training, and skill to perform an act.(b) A licensee may not delegate responsibility to render a diagnosis, prescribe a treatment plan, or perform adjustments or manipulations under this section.(c) A licensee may delegate responsibility to a qualified individual to perform acts within the scope of practice, including: (1) taking a medical history;(2) taking or recording vital signs;(3) taking or recording range of motion measurements;(4) performing physical treatments or modalities;(5) demonstrating exercises or stretches;(6) demonstrating the use of supports and devices; or(7) performing radiological procedures.(d) A licensee shall document that an individual is qualified to perform an act.(e) A licensee may not allow an individual whose chiropractic license has expired or been suspended or revoked in any jurisdiction to treat a patient in any manner, including acts in subsection (c) of this section.(f) A licensee shall determine a reasonable number of qualified individuals a licensee can safely supervise.(g) A licensee shall be physically present or on-call when any qualified individual performs an act in subsection (c) of this section unless another licensee is physically present at the place of business or on-call.(h) "On-call" means a licensee must be available for voice consultation within 15 minutes.(i) A licensee shall differentiate on a patient's records between acts performed by the licensee and acts performed by a qualified individual.(j) A licensee who violates this section is subject to disciplinary action.22 Tex. Admin. Code § 78.3
Former section transferred to 22 TAC § 72.18 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; current section adopted by Texas Register, Volume 40, Number 04, January 23, 2015, TexReg 379, eff. 1/29/2015; Former section adopted by Texas Register, Volume 40, Number 36, September 4, 2015, TexReg 5785, eff. 9/10/2015; Transferred from 22 TAC § 77.5 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; Current section added by Texas Register, Volume 45, Number 10, March 6, 2020, TexReg 1715, eff. 3/12/2020; Adopted by Texas Register, Volume 47, Number 11, March 18, 2022, TexReg 1455, eff. 3/20/2022