Texas* Laws, statutes, etc 
Chiropractic Act of Texas CHIROPRACTIC 
ACT 
OF TEXAS 
Buies and Regulations of The Texas 
Board of Chiropractic Examiners 
and 
Minimum Standards Law 
Office of 
TEXAS BOARD OF CHIROPRACTIC 
EXAMINERS 
Littlefield Building 
Austin, Texas iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiililijiliiiiiiii 
I CHIROPRACTIC 
| ACT 
I OF TEXAS 
Rules and Regulations of The Texas 
Board of Chiropractic Examiners 
and 
Minimum Standards Law 
Office of 
TEXAS BOARD OF CHIROPRACTIC 
EXAMINERS 
Littlefield Building 
Austin, Texas MEMBERS OF 
Texas Board of 
Chiropractic Examiners 
President M. B. McCoy, D. C. 
516 B. Houston St., Paris, Texas 
Yice-Presdent L. K. Griffin, D. C. 
614 So. Henderson St., Fort Worth, Texas 
Secretary-Treasurer Joe E. Busby, D. C. 
Mims Bldg., Abilene, Texas 
Member Dev ere E. Biser, D. C. 
4306 Gaston Ave., Dallas, Texas 
Member Char es Emilie Courtion, D. C. 
305 W. Concho Ave., San Agelo, Texas 
Member W. H. Fischer. D. C. 
315 No. 3rd St., Temple, Texas 
Member R. S. Florence, D. C. 
308 So. College St., Tyler, Texas 
Member John A. Glasin, D. C. 
2519 39th St., Galveston, Texas 
Member C. C. Phillips, D. C. 
1412 Conway, Mission, Texas Chiropractic Act 
of the State of Texas 
CHIROPRACTIC MINIMUM EDU- 
CATIONAL STANDARDS AND 
REGULATION PRACTICE 
Acts 51st Legislature, Regular Session, 
1949 
Chapter 94 
Be it enacted I by the Legislature 
of the State of Texas: 
Section 1. Any person shall be regard- 
ed as practicing Chiropractic within the 
meaning of this Act who shall employ 
objective or subjective means without the 
use of drugs, surgery, X-ray therapy or 
radium therapy, for the purpose of ascer- 
taining the alignment of the vertebrae of 
the human spine, and the practice of ad- 
justing the vertebrae to correct any sublux- 
ation or malalignment thereof, and charge 
therefor, directly or indirectly, money or 
other compensation; or who shall hold 
himself out to the public as a chiropractor 
or shall use either the term “chiropractor,” 
“chiropractic,” “doctor of chiropractic,” or 
any derivative of any of the above in con- 
nection with his name. 
Sec. 2 The Texas Board of Chiropractic 
Examiners hereinafter provided for shall 
defray all expenses under this Act from 
fees provided in this Act, and no appro- 
priation shall ever be made from the State 
Treasury for any expenditures made neces- 
sary by this Act; and all fees remaining in 
the “Chiropractic Examiners Fund” at the 
end of any fiscal year in excess of Twenty 
Thousand Dollars ($20,000) shall be trans- 
ferred into the General Fund of the State 
of Texas. 
Sec. 3. (a) That a Board to be known 
as “The Texas Board of Chiropractic Ex- 
-2 aminers” is hereby created. No member of 
said Board shall be a member of the facul- 
ty or Board of Trustees of any chiropractic 
school; and all appointments to said Board 
shall be subject to the confirmation of the 
Senate. The Texas Board of Chiropractic 
Examiners, which hereinafter may be re- 
ferred to as “The Board,” shall be com- 
posed of nine (9) members whose duty it 
shall be to carry out the purposes and 
enforce the provisions of this Act, and the 
Governor of Texas shall, upon the taking 
effect of this Act, appoint nine (9) gradu- 
ate chiropractors to constitute such a 
Board, who shall have been residents of 
this State, actually engaged in the practice 
of chiropractic as defined in this Act, for 
at least five (5) years immediately pre- 
ceding the passage of this Act. The Board 
thus appointed, or a quorum thereof, shall 
by virtue of such appointment issue li- 
censes to themselves. Five (5) members 
of the Board shall constitute a quorum. 
No school shall ever have a majority rep- 
resentation on the Board. No member of 
said Board shall be a stockholder, or have 
any financial interest whatsoever in any 
chiropractic school or college. 
(b) The members of the Texas Board of 
Chiropractic Examiners shall be divided 
into three (3) classes, one, two, and three, 
and their respective terms of office shall 
be determined by the Governor at the time 
of the first appointments hereunder. Three 
(3) members shall hold their offices for 
two (2) years, three (3) members four 
(4) years, and three (3) members six (6) 
years, respectively, from the time of their 
appointment and until their successors are 
duly appointed and qualified; and the 
members of one (1) of the above classes 
of said Board shall thereafter be appoint- 
ed every two (2) years by the Governor to 
supply vacancies made by provisions of 
this Act who shall hold office for six (6) 
years and until .their successors are duly 
appointed and qualified. In case of death 
or resignation of a member of the Board, 
the Governor shall appoint another to take 
his place for the unexpired term only. 
After the first Board has been appointed, 
only licensed chiropractors under the laws 
of the State of Texas, actively engaged in 
the practice of chiropractic, shall be eligi- 
ble for appointment on said Board. 
Sec. 4. Each member of the Texas Board of Chiropractic Examiners shall 
qualify by taking the Constitutional Oath. 
At the first meeting of said Board shall 
elect a president, a vice-president and a 
secretary-treasurer form its members. Reg- 
ular meetings shall be held to examine 
applicants and for the transaction of busi- 
ness at least twice a year at such time 
and place as may be determined by the 
Board. Due notice of such meetings shall 
be given by publication in such paper or 
journal as may be selected by the Board. 
Special meetings may be held on a call 
of three (3) members of the Board. The 
Board may prescribe rules, regulations 
and by-laws in harmony with the provi- 
sions of this Act for its own proceedings 
and government for the examination of 
applicants for license to practice chiroprac- 
tic. The secretary-treasurer shall make and 
file a surety bond in favor of the Texas 
Board of Chiropractic Examiners in the 
sum of not less than Five Thousand Dollars 
($5,000) conditioned that he will faithfully 
discharge the duties of his office. 
Sec. 5. The Board shall preserve a rec- 
ord of its proceedings in a book kept for 
that purpose showing name, age, place, 
and duration of residence of each applicant, 
the time spent in the study of chiroprac- 
tic in respective chiropractic schools, to- 
gether with such other information as the 
Board may desire to record. Said register 
shall also show whether applicants were 
rejected or licensed and shall be prima- 
facie evidence of all matters contained 
therein. The secretary of the Board shall 
on May 1st of each year transmit an offi- 
cial copy of said register to the Secretary 
of State for permanent record, a certified 
copy of which, with hand and seal of the 
secretary of said Board or the Secretary 
of State, shall be admitted in evidence in 
all courts. 
Sec. 6. It shall be unlawful for anyone 
to practice chiropractic within the limits 
of this State who has not registered in the 
district clerk’s office of the county in which 
he may reside and in each and every county 
in which he may maintain an office or may 
designate as a place for practicing chiro- 
practic, the certificate evidencing his right 
to practice chiropractic as issued to him 
by the Texas Board of Chiropractic Exam- 
iners. The holder of every such certificate 
must have the same recorded upon each change of residence to another county, as 
well as in each and every county in which 
he may maintain an office, or in which he 
may designate a place for practicing chi- 
ropractic; and the absence of such a record 
in any place where such record is here- 
by required shall be primafacie evidence 
of the want of possession of such certifi- 
cate. 
Sec. 7. Every district clerk shall keep 
as a permanent record in his office a book 
of suitable size, to be known as the “Chiro- 
practic Register,” and shall record therein 
all licenses to practice chiropractic issued 
by the Texas Board of Chiropractic Exam- 
iners which shall be presented to him for 
registration, and all the matter and things 
required by the preceding section to be 
recorded, and shall as required by law, 
make therein notation of the cancellation 
of licenses so registered, and of the death 
and removal from the county of chiro- 
practors whose licenses are so registered. 
When any District Court shall cancel the 
license of any person to practice chiro- 
pratic, the clerk of said court shall, if said 
license is registered in his county, note the 
cancellation of said license upon the Chiro- 
practic Register of said county and shall 
forthwith certify to the secretary of the 
Texas Board of Chiropractic Examiners, 
under the seal of said court, the fact that 
said license was so cancelled by said court, 
giving the exact date of said cancellation, 
and shall tax the fee for making said cer- 
tificate as part of the costs of the suit to 
cancel said license. The notation of such 
cancellation shall consist of writing in 
large, legible letters across the face of the 
record of the license cancelled the words 
“Cancelled by the District Court of 
County on the day of , 
” (filling in the blanks so as to 
correctly indicate the name of the county, 
and the date of the cancellation), and such 
notation shall be dated and signed offici- 
ally by the clerk. When any chiropractor 
shall die or remove from the county, it 
shall be the duty of the district clerk to 
note the fact of such death or removal 
upon the record of the license of such 
chiropractor who has died or removed from 
the county, in large, legible letters, the 
date of said notation and the official sig- 
nature of the clerk. The district clerk shall 
collect from each chiropractor who pre- 
sents a license for registration the sum of One Dollar ($1) at the time such license 
is presented to' him for registration, and 
that sum shall be full compensation for 
recording said license and making all no- 
tations in the chiropractic register requir- 
ed by law to be made in reference to the 
chiropractor named in said license. All 
matters pertaining to each chiropractor 
shall be kept and written upon one page 
of said chiropractic register, and no other 
entry or registration shall ever be made 
on said page. It shall be unlawful for any 
district clerk to make a certified copy of 
any page or entry in said chiropractic reg- 
ister, or any art thereof, which is not an 
exact copy of the entire page, or which 
does not include all notations regarding 
the cancellation of license, death, or re- 
moval of the chiropractor in question ap- 
pearing in the office of said clerk. A copy 
from the chiropractic register pertaining 
to any person whose license is registered 
therein, certified to by the district clerk 
having the custody of such chiropractic 
register, under the seal of said court, shall 
be competent evidence in all trial courts. 
The certificate of a district clerk under 
the seal of his office, certifying that the 
person named in said certificate is not reg- 
istered as a chiropractor in the office of 
said district clerk, shall also be prima- 
facie evidence in all trial courts. 
Sec. 8. It shall be unlawful for any 
person who shall be licensed for the prac- 
tice of chiropractic by the Texas Board of 
Chiropractic Examiners as created by this 
Act, unless such person be registered as 
such practitioner with the Texas Board of 
Chiropractic Examiners on or before the 
first day of January, A. D, 1950, or there- 
after registered in like manner annually 
as provided by this Act on or before the 
first day of January of each succeeding 
year, to practice chiropractic in this State. 
Each person so licensed and registered 
shall be deemed to have complied with the 
requirements and prerequisites of the laws 
governing the practice of Chiropractic in 
this State. Each person so registered with 
the Texas Board of Chiropractic Examiners 
shall pay in connection with each annual 
registration and for the receipt herein- 
after provided for, a fee to be fixed by the 
Texas Board of Chiropractic Examiners not 
to exceed Fifteen Dollars ($15), which 
fee shall accompany the application of 
every such person for registration. Such payment shall be made to the Texas Board 
of Chiropractic Examiners. Every person 
so registered shall file ‘frith said Board a 
written application for annual registration, 
setting forth his full name, his age, post- 
office address, his place of residence, the 
county or counties in which his certificate 
entitling him to practice chiropractic has 
been registered, and the place or places 
where he is engaged in the practice of 
chiropractic, as well as the college of chi- 
ropractic from which he graduated, and the 
number and date of his license certificate. 
Upon receipt of such application, accom- 
panied by the registration fee, the Texas 
Board of Chiropractic Examiners, after as- 
certaining either from the records of the 
Board or from other sources deemed by it 
to be reliable, that the applicant is a li- 
censed practitioner of chiropractic in this 
State, shall issue to the applicant an an- 
nual registration receipt certifying that 
the applicant has filed such application and 
has paid the registration fee mentioned for 
the year in question; provided, that the 
filing of such application, the payment of 
the registration fee and the issuance of 
such receipt shall not entitle the holder 
thereof to lawfully practice chiropractic 
within the State of Texas, unless he has in 
fact been previously licensed as such chiro- 
practor by the Texas Board of Chiropractic 
Examiners, as prescribed by law, and has 
recorded his license certificate entitling 
him to practice, as issued by said Board, 
in the district clerk’s office of the several 
counties in which the same may be requir- 
ed by law to be recorded, and unless his 
license to practice chiropractic is in full 
force and effect; and provided further 
that, in any prosecution for the unlawful 
practice of chiropractic as denounced in 
Section 6 hereof, such receipt showing 
payment of the annual registration fee 
required by this Section shall not be treat- 
ed as evidence that the holder thereof is 
lawfully entitled to practice chiropractic. 
Sec. 9, The Texas Board of Chiroprac- 
tic Examiners shall upon payment by an 
applicant of a fee of Fifty Dollars ($50). 
grant license to practice chiropractic to 
licentiates of other states or territories 
having requirements and practices equal 
to those established by the laws of this 
State. Applications for license under the 
provisions of this Section shall be in writ- ing, and upon a form to be prescribed by 
the Texas Board of Chiropractic Examin- 
ers. Said application shall be accompa- 
nied by a license, or a certified copy of 
license to practice chiropractic, lawfully 
issued to the applicant, upon examination, 
by some other state or territory of the 
United States. Said application shall also 
be accompanied by an affidavit made by 
the president or secretary of the Board of 
Chiropractic Examiners which issued the 
said license, or by a legally constituted 
chiropractic registration officer of the 
state or territory by which the license was 
granted, and on which the application for 
chiropractic registration in Texas is based, 
reciting that the accompanying license has 
not been cancelled or revoked; and that 
the statement of qualifications made in 
the application for chiropractic license in 
Texas is true and correct. Applicants for 
license under the provisions of this Section 
shall subscribe to an oath in writing be- 
fore an officer authorized by law to ad- 
minister oaths which shall be a part of 
said application, stating that the license 
under which the applicant practiced chiro- 
practic in the State or territory from which 
the applicant removed, was at the time 
of such removal in full force, and not 
suspended or cancelled. Said application 
shall also state that the applicant is the 
identical person to whom the said certifi- 
cate was issued, and that no proceeding 
has been instituted against the applicant 
for the cancellation of said certificate to 
practice chiropractic in the State or terri- 
tory by which the same was issued; and 
that no prosecution is pending against the 
applicant in any State or Federal Court 
for any offense which, under the law of 
Texas is a felony. 
Sec. 10. All applicants for license to 
practice chiropractic in this -•State, not oth- 
erwise licensed under the provisions of 
this law, must successfully pass an exami- 
nation by the Texas Board of Chiropractic 
Examiners established by this law. The 
Board is authorized to adopt and enforce 
rules of procedure not inconsistent with 
the statutory requirements. All applicants 
shall be eligible for examination who are 
citizens of the United States and present 
satisfactory evidence to the Board that 
they are more than twenty-one (21) years 
of age, of good moral character, and have 
at least graduated from a first grade high school or who have such equivalent pre- 
liminary education as would permit them 
to matriculate in The University of Texas, 
and are graduates of bona fide reputable 
chiropractic schools (whose entrance re- 
quirements and course of instruction are 
as high as those of the better class of 
chiropractic school in the United States); 
a reputable chiropractic school shall main- 
tain a resident course of instruction equiv- 
alent to not less than four (4) terms of 
eight (8) months each, or a resident course 
of not less than the number of senmster 
hours required by The University of Texas 
for the granting of a Bachelor of Arts 
degree; shall give a course of instruction 
in the fundamental subjects named in 
Section 12, of this Act; and shall have the 
necessary teaching force and facilities for 
proper instruction in all of such subjects. 
Applications for examination must be made 
in writing, verified by affidavit, and filed 
with the secretary of the Board, on forms 
prescribed by the Board, accompanied by 
a fee of Twenty-five Dollars ($25). All 
applicants shall be given due notice of 
the date and place of such examination. 
If any applicant, because of failure to 
pass the required examination shall be re- 
fused a license, he or she, at such time as 
the Texas Board of Chiropractic Examin- 
ers may fix, not exceding one (1) year, 
shall be permitted to take a subsequent 
examination, upon such subjects required 
in the original examination as the Board 
may prescribe except that the applicant 
shall not be required to take a re-examina- 
tion on subjects in which he has made a 
grade of seventy-five per cent (75%) or 
more, provided the applicant shall apply 
for re-examination with lone (1) year 
upon the payment of such part of Twenty- 
five Dollars ($25) as the Board may deter- 
mine and state. In the event satisfactory 
grade shall be made in the subjects pre- 
scribed and taken on such re-examination, 
the Board shall grant to the applicant a 
license to practice chiropractic. The Board 
shall determine the grade to be given the 
examinees on the answers turned in on 
the subjects of complete and partial exam- 
ination, and its decision thereupon shall 
be final. 
Provided, however, that those who are 
regularly engaged in the practice of chiro- 
practic in this State on April 18, 1949, and who have completed a resident course 
and hold diplomas from schools recognized 
by the Board as being regularly organized 
and conducted as chiropractic schools at 
the time of the issuance of such diplomas, 
shall be licensed under the Act, provided 
they apply therefor within six (6) months 
after the effective date of this Act, and 
provided further that they shall meet the 
provisions of this Act with reference to 
citizenship, age and good moral character; 
and 
Provided that those who have begun the 
study of chiropractic prior to the effective 
date of this Act in institutions regularly 
organized and conducted as chiropractic 
schools shall be licensed under this Act, 
provided they complete a standard chiro- 
practic resident course of one hundred and 
twenty (120) semester hours in such school 
or schools and receive diplomas therefrom; 
and provided further that they shall meet 
the provisions of this Act with reference to 
citizenship, age, and good moral character. 
Sec. 11. The funds realized from the 
fees collected under this Act shall consti- 
tute the “Chiropractic Examiners Fund” 
and shall be applied to the payment of 
necessary expenses of the Texas Board of 
Chiropractic Examiners, including the ex- 
penses authorized by said Board in en- 
forcing the provisions of this Act, and to 
compensate members of the Board for the 
time actually spent in discharge of their 
official duties, in the sum of Ten Dollars 
($10) per day, plus their actual and neces- 
sary expenses. 
All disbursements from said fund shall 
be made only upon written approval of 
the president and secretary-treasurer of 
the Texas Board of Chiropractic Exam- 
iners, and upon warrants drawn by the 
Comptroller to be paid out of said fund. 
Sec. 12. 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 meth- 
od of identification on examination papers 
by which members of the Board may be 
able to identify such applicants, or exam- 
inees, 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, physiology, 
symtomatology, pathology and analysis of 
the human spine, and hygiene and public 
health. Upon satisfactory examination, con- 
ducted 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 chiro- 
practic. All questions and answers, with 
grades attached, authenticated by the sig- 
nature of the examiner, shall be preserved 
in the executive office of the Board for 
one (1) year. All applicants examined at 
the same time shall be given identical 
questions. All certificates shall be attested 
by the seal of the Board, and signed by 
all members of the Board, or a quorum 
thereof. 
Sec. 13. Nothing in this Act shall limit 
or affect the rights and powers of physi- 
cians and surgeons, duly qualified and reg- 
istered as such under the laws of this 
State, to practice medicine as that term 
may now or hereafter be defined by law. 
Sec. 14. The Texas Board of Chiroprac- 
tic Examiners shall have the authority to 
revoke, cancel, or suspend the license of 
any person, or refuse to admit persons to 
its examinations and to issue licenses to 
practice chiropractic to any person or per- 
sons for any of the following reasons: 
1. For failure to comply with, or the 
violation of, any of the provisions of this 
Act; 
2. If it is found that said person or 
persons do not possess or no longer pos- 
sesses a good moral character or is in any 
way guilty of deception or fraud in the 
practice of chiropractic; 
3. The presentation to the Board, or 
use of any license, certificate or diploma, 
which was illegally or fraudulently obtain- 
ed, or the presentation to the Board of any 
untrue statement or any document or testi- 
mony which was illegally or fraudulently 
obtained, or when fraud or deceit has been 
practiced in passing the examination; 
4. Conviction of a crime of the grade of a felony, or one which involves moral 
turpitude, or the procuring or assisting in 
the procuring of a criminal abortion; 
5. Grossly unprofessional or dishonor- 
able conduct of a character likely to de- 
ceive or defraud the public; habits of in- 
temperance, or drug addiction, or other 
habits calculated in the opinion of the 
Board to endanger the lives of patients; 
6. The use of any advertising statement 
of a character to mislead or deceive the 
public; 
7. Employing directly or indirectly any 
person or persons whose license to prac- 
tice chiropractic or any of the healing 
arts has been cancelled, suspended or re- 
voked, or the association in the practice of 
chiropractic with any person or persons 
whose license to practice chiropractic or 
any of the healing arts has been cancelled, 
suspended or revoked, or any person or 
persons who have been convicted of the 
unlawful practice of any of the healing 
arts in any State, territory or district. 
Provided, that any person or persons 
whose license to practice chiropractic has 
been revoked, cancelled or suspended, or 
any applicant who may be refused admit- 
tance to examination before said Board or 
be refused a license after legal notice and 
a full and impartial hearing, shall have his 
right of action to have such issue tried 
in the District Court of any county in 
which one of the members of the Board 
shall reside, or in the county where the 
applicant resides. All orders of the Board 
shall be prima-facie valid. 
Sec. 15. The District Courts of this 
State shall have the right to revoke, can- 
cel, or suspend the license of any practi- 
tioner of chiropractic upon proof of the 
violation of the law in respect in regard 
thereto, or for any cause for which the 
Texas Board of Chiropractic Examiners 
shall be authorized to refuse to admit per- 
sons to its examination, as provided in 
Section 14 thereof, and it shall be the duty 
of the several District and County Attor- 
neys of this State to file and prosecute 
appropriate proceedings for such revoca- 
tion, cancellation, or suspension in the 
name of the State, on request of the Texas 
Board of Chiropractic Examiners. Sec. 16. All judicial proceedings which 
shall be by any District or County Attor- 
ney under the provisions of the last pre- 
ceding Section of this Act shall be in 
writing, shall state the ground thereof, 
and shall be signed officially by the pro- 
secuting officer instituting the same. Cita- 
tion thereon shall be issued in the name 
of the State of Texas in the manner and 
form as in other cases, and the same shall 
be served upon the defendant and such 
defendant shall be required to answer with- 
in the time and manner provided by law 
in civil cases. If the said practitioner of 
chiropractic shall be found guilty, or shall 
fail to appear and deny the charge, after 
being cited as aforesaid, the said court 
shall, by proper order entered on the min- 
utes, suspend his license for a time, or 
revoke and cancel it entirely, and shall 
give proper judgment for costs. 
Sec. 17. Upon the application of the 
Texas Board of Chiropractic Examiners, or 
a majority thereof, to the Attorney Gen- 
eral setting forth that the County or Dis- 
trict Attorney of a county or district has 
failed to prosecute or proceed against any 
person violating the terms of this Act, 
setting forth that application and request 
have been made of such County or District 
Attorney and that such request or applica- 
tion has been neglected or refused the 
Attorney General shall proceed against 
such person in the county of residence of 
the persons complained against, either by 
civil or criminal proceedings. 
Sec. 18. The actual practice of chiro- 
practic in violation of the provisions of 
this Act shall be enjoined at the suit of 
the State, but such suit for injunction shall 
not be entertained in advance of the pre- 
vious final conviction of the party sought 
to be enjoined of violation of any provision 
of this Act. In such suits for injunction, 
it shall not be necessary to show that any 
person is personally injured by the acts 
complained of. Any person who may be 
or about to be so unlawfully practicing 
chiropractic in this State may be made a 
party defendant in said suit. The Attorney 
General, the District Attorney of the dis- 
trict in which the defendant resides, the 
County Attorney of the county in which 
the defendant resides, or any of them, shall 
have the authority, and it shall be their 
duty, and the duty of each of them, to represent the State in such suits. No in- 
junction, either temporary or permanent, 
shall be granted by any court, until after 
a hearing of the complaint is had by a 
court of competent jurisdiction on its'mer- 
its. In such suit no injunction or restrain- 
ing order shall be issued until final trial 
and final judgment on the merits of the 
suit. If on the final trial it be shown that 
the defendant in such suit has been unlaw- 
fully practicing chiropractic or is about 
to practice chiropractic unlawfully, the 
court shall by judgment perpetually enjoin 
the defendant from practicing chiropractic 
in violation of law as complained of in 
said suit. Disobedience of said injunction 
shall subject the defendant to penalties, 
provided by law for the violation of an 
injunction. The procedure in such cases 
shall be the same as in any other injunction 
suit as nearly as may be. The remedy by 
injunction given hereby shall be in addition 
to criminal prosecution. Such causes shall 
be advanced for trial on the docket of the 
trial court, and shall be advanced and 
tried in the appellate courts in the same 
manner and under the same laws and 
regulations as other suits for injunction. 
Sec. 19. Whoever violates any provision 
of this Act shall be guilty of a misde- 
meanor, and upon conviction shall be pun- 
ished by a fine of not less than Fifty Dol- 
lars ($50) nor more than Five Hundred 
Dollars ($00), or by imprisonment in the 
county jail for not more than thirty (30) 
days. 
Sec. 20. (a) Article 740 of the Penal 
Code of this State is hereby amended so 
as to hereafter read as follows: 
“Article 740. 
“Nothing in this Chapter shall be so 
construed as to discriminate against any 
particular school or system of medical 
practice, nor to affect or limit in any way 
the application or use of the principles, 
tenets, or teachings of any church in the 
ministration to the sick or suffering by 
prayer, without the use of any drug or 
material remedy, provided sanitary and 
quarantine laws and regulations are com- 
plied with; and provided further, that all 
those so ministering or offering to minis- 
ter to the sick, or suffering by prayer shall 
refrain from maintaining offices, except 
for the purpose of exercising the princi- ples, tenets, or teachings of the church of 
which they are bona fide members. The 
provisions of this Chapter do not apply to 
dentists, duly qualified and registered un- 
der the laws of this State, who confine 
their practice strictly to dentistry; nor to 
duly licensed optometrists, who confine 
their practice strictly to optometry as de- 
fined by Statute; nor to duly licensed chi- 
ropractors who confine their practice 
strictly to chiropractic as defined by Stat- 
ute; nor to nurses, who practice nursing 
only; nor to duly licensed chiropodists, 
who confine their practice strictly to chiro- 
pody as defined by Statute; nor to mas- 
seurs in their particular sphere of labor; 
nor to commissioned or contract surgeons 
of the United States Army, Navy or Public 
Health and Marine Hospital Service, in the 
performance of their duties, and not en- 
gaged in private practice; nor to legally 
qualified physicians of other states called 
in consultation, but who have no office in 
Texas, and appoint no place in this State 
for seeing, examining, or treating patients. 
This law shall be so construed as to apply 
to persons other than registered pharma- 
cists of this State not pretending to be 
physicians who offer for sale on the streets 
or other public places contraceptives, pro- 
phylactics or remedies which they recom- 
mend for the cure of disease.” 
(b) Article 741 of the Penal Code of 
this State is hereby amended so as to here- 
after read as follows: 
“Article 741. 
“Any person shall be regarded as prac- 
ticing medicine within the meaning of this 
Chapter (1) who shall publicly profess to 
be a physician or surgeon and who shall 
treat, or offer to treat, any disease or dis- 
order, mental or physical, or any physical 
deformity or injury, by any system or 
method, or to effect cures thereof; (2) or 
who shall treat, or offer to treat, any dis- 
ease or disorder, mental or physical, or any 
physical deformity or injury by any system 
or method, or to effect cures thereof and 
charge therefor, directly or indirectly, 
money or other compensation, provided, 
however, that the provisions of this Article 
shall be construed with and in view of 
Article 740, Penal Code of Texas, and Ar- 
ticle 4505, Revised Civil Statutes of Texas, 
as contained in this Act.” 
15- Sec. 21. (a) Article 4504 of the Revised 
Civil Statutes of Texas is hereby amended 
so as to hereafter read as follows: 
“Article 0504. 
“Nothing in this Chapter shall be so 
construed so as to discriminate against 
any particular school or system of medical 
practice, nor to affect or limit in any way 
the application or use of the principles, 
tenets, or teachings of any church in the 
ministration to the sick or suffering by 
prayer, without the use of any drug or 
material remedy, provided sanitary and 
quarantine laws and regulations are com- 
plied with; and provided further, that all 
those so ministering or offering to minis- 
ter to the sick or suffering by prayer shall 
refrain from maintaining offices, except 
for the purpose of exercising the princi- 
ples, tenets, or teachings of the church of 
which they are bona fide members. The 
provisions of this Chapter do not apply 
to dentists, duly qualified and registered 
under the laws of this State, who confine 
their practice strictly to dentistry; nor to 
duly licensed optometrists, who confine 
their practice strictly to optometry as de- 
fined by Statute; nor to duly licensed chi- 
ropractors who confine their practice 
strictly to chiropractic as defined by Stat- 
ute; nor to nurses who.; practice nursing 
only; nor to duly '•'Liqap&rd Chiropodists, 
who confine their prad^c©'strictly to chi- 
ropody as. defined by Statute; nor to mas- 
seurs in their particular sphere of labor; 
nor to commissioned oiv contract surgeons 
of the United States Arfny, Public 
Health and Marine Hospital Service, in 
the performance of their duties, and not 
engaged in private practice; nor to legal- 
ly qualified physicians of other states 
called in consultation, but who have no 
office in Texas, and appoint no place in 
this State for seeing, examining or treat- 
ing patients. This law shall be so con- 
strued as to apply to persons other than 
registered pharmacists of this State not 
pretending to be physicians who offer for 
sale on the streets or other public places 
contraceptives, prophylactics or remedies 
which they recommend for the cure of dis- 
ease.” 
(b) Article 4510, Revised Civil Statutes 
of Texas is hereby amended so as to here- 
after read as follows: “Article 4510. 
“Any person shall be regarded as prac- 
ticing medicine within the meaning of this 
law: 
“(1) Who shall publicly profess to be 
a physician or surgeon and shall treat, or 
offer to treat, any disease or disorder, 
mental or physical, or any physical de- 
formity or injury, by any system or 
method, or to effect cures thereof; (2) or 
who shall treat or offer to treat any dis- 
ease or disorder, mental or physical or any 
physical deformity or injury by any system 
or method and to effect cures thereof and 
charge therefor, directly or indirectly, 
money or other compensation; provided, 
however, that the provisions of this Arti- 
cle shall be construed with and in view 
of Article 740, Penal Code of Texas, and 
Article 4504, Revised Civil Statutes of 
Texas contained in this Act.” 
Sec. 22. The seal of the Board created 
by this Act shall consist of a star of five 
points with the words, “The State of Tex- 
as,” and the words, “Texas Board of Chiro- 
practic Examiners,” around the margin 
thereof. 
Sec. 23. All laws and parts of laws in 
conflict with the provisions of this Act be 
and the same are hereby repealed, only to 
the extent of the conflict. 
Sec. 24. If any of the provisions of this 
Act, or any Section or part thereof, shall 
be held to be unconstitutional or invalid, 
such unconstitutionality or invalidity shall 
in no way affect the constitutionality or 
validity of any other provision, Section or 
part of this Act, and it is the legislative 
intent that all of the remaining parts of 
this Act should remain in full force and 
effect in spite of any invalidity of any pro- 
vision, Section or part thereof; and the 
Legislature would have passed all other 
provisions, Sections and parts thereof re- 
gardless of the invalidity of any other pro- 
vision, Section or part thereof of this Act. 
Sec. 25. The fact that there is now no 
law in the State of Texas regulating the 
practice of chiropractic creates an emer- 
gency and an imperative public necessity 
that the Constitutional Rule requiring bills 
to be read on three separate days in each 
House be and is hereby suspended, and this Act shall take effect and be in force 
from and after its passage, and it is so 
enacted. 
Passed the House, April 18, 1949: Yeas 
100, Nays 18, 1 present not voting; passed 
the Senate, April 21, 1949: Yeas 23, Nays 
3. 
Approved April 27, 1949. 
Effective April 27, 1949. 
RULES 
For the Regulation of Application 
and Applicants 
RULES 
Rule 1. All examinations shall be held 
in the City of Austin, Texas, except as 
otherwise provided by the Board of Exam- 
iners. 
Rule 2. Beginning with the year 1951 
two regular three-day examinations shall 
be held each year opening respectively on 
the second Thursday of each May and No- 
vember. 
Rule 3. To be eligible for examination 
the applicant shall be a citizen of the 
United States, at least 21 years of age, of 
good moral character and have at least 
graduated from a first grade high school, 
or have such equivalent preliminary edu- 
cation as would permit applicant to ma- 
triculate in the University of Texas, and 
be a graduate of a bona fide reputable 
chiropractic school whose entrance require- 
ments and course of instructions are as 
high as those of the better class of chiro- 
practic schools in the United States, pro- 
vided other qualifications are met. 
Rule 4, Every person intending to apply 
for admission to take the examinations of 
the Texas Board of Chiropractic Examiners 
shall at least 15 days prior to a regular 
meeting of the Board make a written re- 
quest for such examination to the secre- 
tary of the Board. Such request shall be 
accompanied by an examination fee of 
$25.00, which shall be either a post office 
money order or bank certified or cashier’s 
check made payable to the Texas Board 
of Chiropractic Examiners. The applicant 
shall state his name, age, sex, place of 
residence, name and location of the Chiro- practic School or College from which such 
applicant graduated, length of time devoted 
to the study of Chiropractic, the date of 
graduation, together with such other in- 
formation and data as may be required 
to satisfy the Board. For identification 
purposes the applicant shall submit with 
his application an unretouched photograph 
taken within the past 6 months, showing 
front view of head and shoulders, (Pass- 
port size.) 
Rule 5. All applications shall be in the 
handwriting of the applicant and shall be 
sworn to or affirmed by him. 
Rule 6. If an applicant because of fail- 
ure to pass the required examination shall 
be refused license, he or she at any time 
thereafter as fixed by the Texas Board of 
Chiropractic Examiners not to exceed one 
year shall be permitted to take a subse- 
quent examination upon such subjects re- 
quired in the original examination as the 
Board may prescribe, but the applicant 
shall not be required to take a re-exami- 
nation on subjects in which he has a 
grade of 75% or more, provided the appli- 
cant shall apply for re-examination within 
one year and upon payment of such part 
of $25.00 as the Board may determine. 
In the event of satisfactory examination 
the Board shall then grant to applicant a 
license to practice Chiropractic. The Board 
shall determine the grades to be given ex- 
aminees on answers turned in and the 
Board’s decision thereon shall be final. 
Rule 7. Reciprocity: Applicants of other 
States or Territories having requirements 
in practices equal to those established by 
the Laws of this State shall apply in writ- 
ing and upon a form prescribed by the 
Board. Such application shall be accom- 
panied by a License, or a Certified copy of 
License to practice Chiropractic lawfully 
issued to the Applicant upon examination, 
by some other State or Territory of the 
United States. Said Application shall also 
be accompanied by an affidavit made by 
the President or Secretary of the Board of 
Chiropractic Examiners which issued such 
License, or by a legally Constituted Chiro- 
practic Registration Officer of the State 
or Territory by which the License was 
granted, and on which the Application for 
Chiropractic Registration in Texas is based 
reciting that the accompanying License 
-19 has not been cancelled or revoked, and 
that the statement of qualifications made 
in the Application for a License in Texas 
is true and correct. Applicants for License 
under this Section shall subscribe to an 
Oath in writing before an officer author- 
ized by Law to administer Oaths which 
shall be a part of said Application, stating 
that the License under which the Appli- 
cant practiced Chiropractic in the State or 
Territory from which the Applicant re- 
moved was at the time of such removal 
in full force and not suspended or 
cancelled said Application shall also state 
that the Applicant is the identical person 
to whom said Certificate was issued and 
that no proceeding has been instituted 
against the Applicant for the cancellation 
of said Certificate to practice Chiropractic 
in the State or Territory by which the 
same was issued and that no prosecution 
is pending against the Applicant in any 
State or Federal Court for any offense 
which under the Laws of Texas is a felony. 
All applications for Reciprocity shall be 
accompanied by a fee of Fifty Dollars 
($50.00), which shall be either a Post Of- 
fice Money Order or Bank Certified or 
Cashier’s Check, made payable to the Tex- 
as Board of Chiropractic Examiners. 
Rule 8, All proceedings of the Board 
shall be governed by Roberts Rules of 
Order. 
LICENSES AND RENEWALS 
Section I. Licensee must record license 
with District Clerk in each and every coun- 
ty in which he resides or maintains an 
office; and must notify the Board of any 
change in street, or post office address im- 
mediately. 
Section II. License renewal fee shall be 
paid on or before January 1st of each 
year. 
Section III. If licensee fails to pay an- 
nual renewal fee, said licensee may be re- 
quired to take an examination before re- 
instatement of license. 
CODE OF ETHICS 
It shall be considered unprofessional con- 
duct: 1. For a licensed Chiropractor to con- 
duct any business or enterprise other than 
Chiropractic in which the holder’s license 
is used as a means of attracting patients, 
business or prestige in the conduct of such 
enterprise. 
2. For a licensee to advertise free Chi- 
ropractic service except by permission of 
the Texas Board of Chiropractic Examiners. 
3. For licensee to advertise fees for 
service, “Free Examination,” “No charge 
for consultation,” “Consultation without 
obligation,” or other like phrases and words. 
4. For licensee to do personal canvassing 
to solicit patronage. 
5. For licensee to bear false witness 
or make damaging statements about an- 
other licensee or group of licensees. 
6. For licensee to distribute or cause 
to be distributed unprofessional literature. 
7. For licensee to attempt or to render 
professional service when under the in- 
fluence of drugs or intoxicating liquors. 
8. For licensee to use any advertising 
statement or statements of a character to 
misled or deceive the public. 
8A, It will be considered misleading and 
deceiving the public to advertise compara- 
tive superiority in the field of Chiroprac- 
tic, or to advertise any modality or sup- 
plementary treatment as a part of, or in 
connection with the practice of Chiroprac- 
tic; provided, however, that the advertis- 
ing of “x-ray Spinal Analysis,” shall not 
be considered comparative superiority, or 
unprofessional conduct. 
For licensee to advertise methods such 
as Specific Chiropractic, Basic technique, 
Meric technique, or any other technique 
by name. 
For licensee to advertise as a graduate 
of any specific school, such as Carver 
graduate, Palmer graduate, Logan gradu- 
ate, etc., except in opening announcements, 
and then only in a biographical layout. 
For licensee to advertise himself as a 
“Chiropractic Specialist.” 
For licensee to advertise himself as a 
graduate or licensed Chiropractor. For licensee to use such phrases or ad- 
jectives in advertising as “modern” or 
“most modern,” “scientific,” “latest pro- 
cedures,” “Pioneer Chiropractor,” “best 
equipped,” “latest methods,” “oldest Chiro- 
practor,” or any other like words or 
phrases. 
For licensee to run a list of diseases by 
name only in any advertising. 
For licensee to advertise any modality 
except X-ray, and then only in connection 
with spinal analysis. 
8B. It will be considered misleading and 
deceiving the public to use a testimonial 
or history of a case as your own case, 
when it was a case of another Chiroprac- 
tor. 
9. It shall further be considered un- 
professional conduct on licensee’s part un- 
less he shall maintain sanitary and safe 
equipment. 
10. For licensee to use the words “Chi- 
ropractic Physician.” 
11. For licensee to use the word “Doc- 
tor” without designating himself as a Chi- 
ropractor. 
12. For practicing licensee to fail to 
use the word “Chiropractor,” “Chiroprac- 
tic,” or “D. C,” in all advertising, signs, 
letterheads, etc. 
These rules pertain to any and all ad- 
vertising done by licensed Texas Chiro- 
practors, such as telephone books, news- 
papers, radio, television, outdoor signs, all 
mailing lists, of any advertising originat- 
ing in licensee’s office. 
Failure to comply with above regula- 
tions may result in suspension or revoca- 
tion of license to practice Chiropractic in 
the State of Texas. 
These rules and regulations are subject 
to change without notice by a quorum of 
the Board. 
22- MINIMUM STANDARDS LAW 
State of Texas 
H. B. 103, Acts of the 51st Legislature, 
1949 
Section 1. Basic Science Certificate Re- 
quired. No person shall be permitted to 
take an examination for a license to prac- 
tice the healing art or any branch thereof, 
or be granted any such license, unless he 
has presented to the Board or officer em- 
powered to issue such a license as the ap- 
plicant seeks, a certificate of proficiency in 
anatomy, physiology, chemistry, bacteriol- 
ogy, pathology, and hygiene and public 
health, hereinafter referred to as the basic 
sciences, issued by the State Board of Ex- 
aminers in the Basic Sciences. 
Sec. 2. The Healing Art Defined. For 
the purpose of this Act, the healing art 
includes any system, treatment, operation, 
diagnosis, prescription or practice for the 
ascertainment, cure, relief, palliation, ad- 
justment or correction of any human dis- 
ease, ailment, deformity, injury or un- 
healthy or abnormal physical or mental 
condition. 
Sec. 3. Board of Examiners. The Gover- 
nor, within thirty (30) days after this Act 
takes effect, shall appoint a State Board 
of Examiners in the Basic Sciences, here- 
inafter referred to as the Board, consist- 
ing of six (6) members. The said Board 
shall be appointed subject to the consent 
and confirmation of the Senate. Of the 
members first appointed, two (2) shall 
serve for a term of two (2) years, or until 
their successors shall be appointed and 
qualified; two (2) shall serve for a term 
of four (4) years, or until their successors 
shall be appointed and qualified; and the 
remaining two (2) members shall serve 
for a term of six (6) years, or until their 
successors shall be appointed and quali- 
fied. Thereafter at the expiration of the 
term of each member of the Board first 
appointed, his successor shall be appoint- 
ed by the Governor for, and shall serve for, a term of six (6) years, or until his 
successor shall be appointed and qualified. 
On the death, resignation or removal of 
any member, the Governor shall fill the 
vacancy by appointment for the unexpired 
portion of the term. Every member shall 
serve until his successor is appointed and 
qualified. The members of the Board shall 
be selected because of their knowledge of 
the basic sciences named in this Act, and 
each member shall be a professor, or an 
assistant or associate professor or an in- 
structor on the faculty of the University 
of Texas, the Agricultural and Mechanical 
College of Texas, the Texas Technological 
College, Baylor University, Southern Meth- 
odist University, Texas Christian Univer- 
sity, St. Edwards University, Rice Insti- 
tute, Southwestern University, or any oth- 
er institution or college located within the 
State for instruction. Each member shall 
have resided in the State of Texas not less 
than one (1) year next preceding his ap- 
pointment. No member of the Board shall 
be actively engaged in the practice of the 
healing art or any branch thereof, nor 
possess or have in the past possessed a 
license to practice the healing art or any 
branch thereof, nor be employed or hav- 
ing in the past been employed by any 
medical branch of any school or college. 
Sec. 4. Organization, Officers and Com- 
pensation of Board. The Board shall or- 
ganize as soon as practicable after its ap- 
pointment. It shall have authority to 
elect officers, to adopt a seal, and to make 
such rules and regulations, not inconsistent 
with the law, as it deems expedient to 
carry this Act into effect. The Board shall 
keep a record of its proceedings, which 
shall be prima-facie evidence of all mat- 
ters contained therein. Each member of 
the Board shall take the Constitutional 
Oath of Office. 
Each member of the Board shall be paid 
Ten Dollars ($10) per day for each day 
actively engaged in the discharge of his 
duties, and the time spent in going to and 
returning from meetings of the Board shall 
be included in computing such time. In 
addition to this per diem, each member 
of the Board shall receive expenses in- 
curred while actually engaged in the per- 
formance of the duties of the Board. The 
Secretary and Treasurer shall each be re- 
quired to execute a bond in the sum of Ten Thousand Dollars ($10,000) for the 
faithful performance of his duties, payable 
to the State of Texas. The premium of 
such bonds shall be paid out of fees re- 
ceived. The office of the Board shall be in 
the State Capitol, and quarters for that 
office shall be assigned by the State Board 
of Control in the Capitol building, or some 
other building occupied by the State Gov- 
ernment, where its permanent records shall 
be kept. 
Sec. 5. Fees Payable by Applicants. The 
fee for examination by the Board shall be 
Fifteen Dollars ($15). The fee for re-ex- 
amination within a twelve-month period 
shall be Ten Dollars ($10), but the fee 
for re-examination after the expiration of 
twelve (12) months shall be the same as 
the original fee. The fee for the issue of 
a certificate by authority of reciprocity, on 
the basis of qualifications as determined 
by the proper agency of some other State, 
Territory, or the District of Columbia shall 
be Twenty-five Dollars ($25). All fees 
shall be paid by the Board by the appli- 
cant when he files his application. The 
Board shall pay all money received as 
fees into the State Treasury, where such 
money will be placed in a special fund to 
be known as “The Basic Science Examina- 
tion Fund.” All money so received and 
placed in such fund shall be used by the 
Board of Examiners in the Basic Sciences 
in paying its compensation and defraying 
its expenses, and in administering, enforc- 
ing and carrying out the provisions of the 
law. The Board may hire such employees 
as are necessary in carrying out the pro- 
visions of this law. The State Treasurer 
shall pay out of the fund the compensa- 
tion of and expenses incurred by the Board 
on warrants based upon vouchers signed by 
the President and the Secretary of the 
Board. 
Sec. 6. Examination. The Board shall 
conduct examinations at such times and 
places as it deems best, provided, however, 
that the first examination shall be held 
within six (6) months from the effective 
date of this Act, and one examination shall 
be held during each period of six (6) 
months thereafter. Every applicant, except 
as hereinafter provided, shall be examined 
to determine his knowledge, ability and 
skill in the basic sciences. The examina- 
tions shall be conducted in writing, and in such manner as to be entirely fair and 
impartial to all individuals and to every 
school or system of practice. All appli- 
cants 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 aver- 
ages of the examinees’ numbers in the class 
have been determined, and license granted 
or refused. If the applicant receives a 
credit of seventy-five per cent (75%) or 
more in each of the basic sciences, he shall 
be considered as having passed the exami- 
nation. If the applicant receives less than 
seventy-five per cent (75%) in one sub- 
ject and receives seventy-five per cent 
(75%) or more in each of the remaining 
subjects, he shall be allowed a re-examina- 
tion at the examination next ensuing, on 
application and the payment of the pre- 
scribed fee, and he shall be required to be 
re-examined only in the subject in which 
he received a rating less than seventy-five 
per cent (75%). If the applicant receives 
less than seventy-five per cent (75%) in 
more than one subject, he shall be en- 
titled to take a second examination after 
a period of six (6) months has elapsed 
from the date of the first examination, and 
he shall then be re-examined in all sub- 
jects. If the applicant receives less than 
seventy-five per cent (75%) in more than 
one subject on such second examination, 
he shall not be re-examined unless he pre- 
sents proof, satisfactory to the Board, of 
additional study in the basic sciences suf- 
ficient to justify re-examination, and shall 
then be re-examined in all subjects. Pro- 
vided, however, it is the intent of this Act 
that the examinations given shall be sim- 
ilar to the examinations given in the sub- 
jects named in this Act at the college or 
universities named above. 
Sec. 7. Requirements for Certificate. No 
certificate shall be issued by the Board 
unless the person applying for it submits 
evidence, satisfactory to the Board. (1) 
that he is a citizen of the United States; 
(2) that he is not less than nineteen (19) 
years of age; (3) that he is a person of 
good moral character; (4) that he was 
graduated by a high school accredited by 
the State Committee on Classified and 
Accredited Schools, or a school of equal 
grade, or that he possesses educational qualifications equivalent to those required 
for graduation by such an accredited high 
school; (5) he must have completed sixty 
semester hours of college courses which 
would be acceptable at the time of com- 
pleting same at The University of Texas 
on a Bachelor of Arts Degree or a Bach- 
elor of Science Degree; and (6) that he 
has a comprehensive knowledge of the 
basic sciences as shown by his passing the 
examination given by the Board as by this 
Act required. This shall not be construed 
to prevent the issue of certificates under 
the provisions of Section 8 of this Act. 
Sec. 8. Reciprocity. The Board may in 
its discretion waive the examination re- 
quired by Section 7, when proof satisfac- 
tory to the Board is submitted, showing 
(1) that the applicant has passed in an- 
other State, Territory, or the District of 
Columbia an examination in the basic 
sciences before a Board of Examiners in 
the Basic Sciences; (2) that the require- 
ments of that State, Territory, or District 
of Columbia are not less than those required 
by this Act as a condition precedent to 
the issue of a certificate; (3) that the 
Board of Examiners in the Basic Sciences 
in that State, Territory, or District of Co- 
lumbia grants like exemption from exami- 
nation in the basic sciences to persons 
holding certificates from the State Board 
of Examiners in the Basic Sciences in Tex- 
as; (4) that the applicant show satisfac- 
tory proof that he is a citizen of the 
United States; and (5) that the applicant 
is a person of good moral character and 
the holder of an uncancelled basic science 
certificate from another State, Territory, 
or the District of Columbia. 
Sec. 9. Appeal. Any person aggrieved 
by any action of the Board may appeal to 
a District Court of any county in which 
the aggrieved person resides. Such appeals 
shall be taken by serving the Secretary 
of the Board with citation duly issued by 
the clerk of the District Court, and the 
same shall be served in the manner pro- 
vided by law in the service of citations in 
suits of a civil nature, and at the expira- 
tion of twenty (20) days after the service 
of said citation, the said cause shall there- 
upon stand for trial. Such notice of ap- 
peal, or citation shall state the action from 
which the appeal is taken, and, if the ap- 
peal is from an order of the Board, stat- ing such order or the part thereof from 
which the appeal is taken, and filing with 
the district clerk a bond in the sum of 
Five Hundred Dollars ($500), conditioned 
for the payment of all costs of the appeal. 
All members of the Board who shall incur 
any expense on account of the trial of any 
proceeding in district court incident to 
appeal from actions of the Board, shall 
receive the necessary and proper expenses, 
including traveling expenses incident there- 
to, same to be paid out of the funds of 
the Board in the same manner and by 
the same proceeding as other expenditures 
are authorized from said fund. 
Sec. 10. Certificates and Licenses Void. 
Any basic science certificate or any li- 
cense to practice the healing art, or any 
branch thereof, issued contrary to this 
Act, shall be void. Any license or certifi- 
cate of authority to practice the healing 
arts, or any branch thereof, based upon 
a void basic science certificate shall be 
void and shall be so adjudged by any Dis- 
trict Court in which the trial of a suit 
to adjudge the same void or cancel or 
revoke a license to practice the healing 
arts may be had. The procedure for such 
revocation or cancellation shall be in ac- 
cordance with the provisions of the Act 
under which such license was issued au- 
thorizing the cancellation or revocation 
of licenses for the practice of the healing 
art generally. Any certificate of proficien- 
cy issued by the Board shall become void 
upon the revocation of the license of the 
holder thereof to practice the healing art, 
or any branch thereof. 
Sec. 11. Practice without Certificate 
Forbidden. Any person who practices the 
healing art, or any branch thereof, with- 
out having obtained a valid certificate 
from the State Board of Examiners in the 
Basic Sciences, except as otherwise author- 
ized by this Act, shall be fined not less 
than Fifty Dollars ($50), nor more than 
Five Hundred Dollars ($500), or by im- 
prisonment in the county jail for not more 
than thirty (30) days, or by both such 
fine and imprisonment. Each day of such 
violation shall constitute a separate of- 
fense. 
Sec. 12. Fraudulent Certificate Forbid- 
den. Any person who obtains a basic 
science certificate by fraudulent means, or who forges, counterfeits or fraudulently 
alters any such certificate, shall be pun- 
ished by confinement in the penitentiary 
for not less than two (2) nor more than 
five (5) years. 
Sec. 13, Bribery Forbidden. Any per- 
son who shall bribe or offer to bribe any 
member of the Basic Science Board author- 
ized to issue a certificate of proficiency in 
the basic sciences, for the purpose of ob- 
taining a certificate of proficiency in the 
basic sciences, shall be confined in the 
penitentiary not less than two (2) nor 
more than five (5) years. 
Sec. 14. Fraudulent Licenses Forbidden. 
Any person who knowingly obtains for 
himself a license to practice the healing 
art, or any branch thereof, or who aids, 
advises or assists another in so doing with- 
out first obtaining a certificate of pro- 
ficiency from the Basic Science Board cre- 
ated hereby, or any person who shall pre- 
sent to a licensing board authorized to 
grant licenses to practice the healing art, 
or any branch thereof, a certificate ob- 
tained from the State Board of Examiners 
in the Basic Sciences by dishonesty or 
fraud or by any forged or counterfeit 
certificate of proficiency, or who knowing- 
ly aids, advises or assists another in so 
doing, shall be guilty of a felony, and 
upon conviction shall be punished by a 
fine of not less than One Hundred Dollars 
($100) nor more than Two Thousand Dol- 
lars ($2,000), or imprisonment in the 
penitentiary for not less than two (2) nor 
more than five (5) years, or by both such 
fine and imprisonment. 
Sec. 15. Enforcement. It shall be the 
duty of every District Judge in this State, 
who is required by law to impanel grand 
juries, to explain to each grand jury the 
provisions of this Act, and to direct the 
said grand jury to inquire as to whether 
or not any provisions of this Act have been 
violated, and if sufficient evidence has 
been discovered, to return true bills of 
indictment. 
In the enforcement of this law, the 
Board shall be represented by the Attor- 
ney General and by the County and Dis- 
trict Attorneys of this State. The Board, 
any committee or any member thereof, 
shall have the power to issue subpoenas 
and subpoenas duces tecum to compel the attendance of witnesses and the produc- 
tion of books, records and documents, to 
administer oaths and to take testimony 
concerning- all matters within its or his 
jurisdiction. The Board shall have the 
right to institute an action in its own 
name to enjoin the violation of any of the 
provisions of this Act. Said action for an 
injunction shall be in addition to any other 
action, proceeding or remedy authorized by 
law. 
Sec. 16. Exceptions. The provisions of 
this Act do not apply to dentists, duly 
qualified and registered under the laws 
of this State, who confine their practice 
strictly to dentistry, or those persons 
under the jurisdiction of the Texas State 
Board of Dental Examiners; nor to duly 
licensed optometrists who confine their 
practice strictly to optometry as defined 
by Statute; nor to nurses who practice 
nursing only; nor to duly licensed chiropo- 
dists, who confine their practice strictly 
to chiropody as defined by Statute; nor to 
masseurs in their particular sphere of la- 
bor; nor to commissioned or contract 
Surgeons of the United States Army, Navy 
or Public Health and Marine Hospital 
Service, in the performance of their du- 
ties, and not engaged in private practice; 
nor legally qualified physicians of other 
states called in consultation, but who have 
no office in Texas, and appoint no place 
in this State for seeing, examining or treat- 
ing patients. The Basic Science Law shall 
not affect or limit in any way the applica- 
tion of use of the principles, tenets or 
teachings of any church in the ministra- 
tion to the sick or suffering by prayer, 
without the use of any drug or material 
remedy, provided sanitary and quarantine 
laws and regulations are complied with, 
and provided further that all those so min- 
istering or offering to minister to the sick 
or suffering by prayer shall refrain from 
maintaining office, except for the purpose 
of exercising the principles, tenets or 
teachings of the church of which they are 
bona fide members; nor shall the Basic 
Science Law apply to persons licensed to 
practice the healing art, or any branch 
thereof, in the State of Texas when this 
Act shall take full force and effect; nor 
shall the Basic Science Law apply to any 
Chiropractor who is a graduate of a school 
which was regularly organized and con- 
ducted as a chiropractic school in the United States at the time of such gradua- 
tion and who has practiced Chiropractic 
one (1) year immediately preceding the 
effective date of this Act and who has 
resided in Texas for two (2) years imme- 
diately preceding the effective date of this 
Act and who has never had a license to 
practice any branch of the healing art can- 
celled by any American or Canadian State, 
Province or Territory, provided, however, 
that licenses voided by virtue of the de- 
cision in Ex Parte Halsted, 182 S. W. 
(2nd) 479, shall not be construed as li- 
censes cancelled as provided by this Sec- 
tion. 
Sec. 16-a. The Board shall issue a cer- 
tificate of proficiency to any person who 
is otherwise qualified by law and who 
shall present to the Board, a transcript of 
credits certifying that such person has 
satisfactorily completed sixty (60) or more 
semester hours of college credits at a col- 
lege or university which issues credits ac- 
ceptable to The University of Texas lead- 
ing toward a Bachelor of Arts or a Bach- 
elor of Science Degree; said college or 
university credits shall include the satis- 
factory completion of all of the subjects 
enumerated in Section 1 of this Act with 
an average of seventy-five per cent (75%) 
or better in each of such courses; and The 
University of Texas shall offer at the Main 
University, at Austin, Texas, beginning 
with the fall semester 1949, courses in 
each of the above-enumerated subjects. 
Sec. 17. Chapter 6, Title 12, of the 
Penal Code of this State shall be amended 
by adding thereto the following, to be 
known as Article 742-a: 
“Article 742-a. The Healing Art Defined. 
The healing art includes any system, treat- 
ment, operation, diagnosis, prescription or 
practice for the ascertainment, cure, relief, 
palliation, adjustment or correction of any 
human disease, ailment, deformity, injury 
or unhealthy or abnormal physical or men- 
tal condition.” 
Sec. 18, Chapter 6, Title 12 of the Penal 
Code of this State shall be amended by 
adding thereto the following, to be known 
as Article 732-b: 
“Article 742-b. Exceptions. The pro- 
visions of the Basic Science Law do not apply to dentists, duly qualified and regis- 
tered under the laws of this State, who 
confine their practice strictly to dentistry, 
or those persons under the jurisdiction of 
the Texas State Board of Dental Exami- 
ners; nor to duly licensed optometrists, 
who confine their practice strictly to op- 
tometry as defined by Statute; nor to 
nurses who practice nursing only; nor to 
duly licensed chiropodists, who confine their 
practice strictly to chiropody as defined 
by Statute; nor to masseurs in their par- 
ticular sphere of labor; nor to commis- 
sioned or contract Surgeons of the United 
States Army, Navy or Public Health and 
Marine Hospital Service, in the perform- 
ance of their duties, and not engaged in 
private practice; nor to legally qualified 
physicians of other States called in consul- 
tation, but who have no office in Texas 
and appoint no place in this State for see- 
ing, examining or treating patients. The 
Basic Science Law shall not affect or limit 
in any way the application or uses of the 
principles, tenets, or teachings of any 
chui’ch in the ministration to the sick or 
suffering by prayer, without the use of any 
drug or material remedy, provided sani- 
tary and quarantine laws and regulations 
are complied with; and provided further 
that all those so ministering or offering 
to minister to the sick or suffering by 
prayer shall refrain from maintaining Of- 
fices, except for the purpose of exercising 
the principles, tenets, or teachings of the 
church of which they are bona fide mem- 
bers, nor shall the Basic Science Law ap- 
ply to persons licensed to practice the 
healing art, or any branch thereof, in the 
State of Texas when this Act shall take 
full force and effect; no,r shall the Basic 
Science Law apply to any Chiropractor 
who is a graduate of a school which was 
regularly organized and conducted as a 
chiropractic school in the United States 
at the time of such graduation and who 
has practiced Chiropractic one (1) year 
immediately preceding the effective date 
of this Act and who has resided in Texas 
for two (2) years immediately preceding 
the effective date of this Act and who has 
never had a license to practice any branch 
of the healing art cancelled by any Ameri- 
can or Canadian State, Province or Terri- 
tory, provided however, that licenses void- 
ed by virtue of the decision in Ex Parte: 
Halsted, 182, S. W. (2nd) 479, shall not be construed as licenses cancelled as pro- 
vided by this Section.” 
Sec. 19. Chapter 6, Title 12, of the 
Penal Code of Texas, shall be amended by 
adding thereto the following, to be known 
as Article 742-c: 
“Article 742-c. Unlawfully Practicing 
Healing Art; Penalty. Any person who 
practices the healing art, or any branch 
thereof, without having obtained a valid 
certificate from the State Board of Exam- 
iners in the Basic Sciences, except as other- 
wise authorized by this Act, shall be fined 
not less than Fifty Dollars ($50), nor 
more than Five Hundred Dollars ($500), 
or by imprisonment in the county jail for 
not more than thirty (30) days, or by both 
such fine and imprisonment. Each day of 
such violation shall constitute a separate 
offense.” 
Sec. 20. Chapter 6, Title 12, of the 
Penal Code of this State shall be amended 
by adding thereto the following, to be 
known as Article 744-a; 
“Article 744-a. Obtaining Basic Science 
Certificate by Fraud, Forgery or Counter- 
feit; Penalty. Any person who obtains a 
basic science certificate by fraudulent 
means, or who forges, counterfeits or 
fraudulently alters any such certificate, 
shall be punished by confinement in the 
penitentiary not less than two (2) nor 
more than five (5) years.” 
Sec. 21. Chapter 6, Title 12, of the 
Penal Code of this State shall be amended 
by adding thereto the following to be 
known as Article 744-b: 
“Article 744-b. Valid Basic Science Cer- 
tificate Prerequisite to License to Practice 
Healing Art. Any person who knowingly 
obtains for himself a license to practice 
the healing art, or any branch thereof, or 
who aids, advises or assists another in so 
doing without first obtaining a certificate 
of proficiency from the Basic Science 
Board, or any person who shall present to 
a licensing board authorized to grant li- 
censes to practice the healing art, or any 
branch thereof, a certificate obtained from 
the State Board of Examiners in the Basic 
Sciences by dishonesty or fraud or by any 
forged or counterfeit certificate of pro- 
ficiency, or who knowingly aids, advises or assists another in so doing, shall be 
guilty of a felony and upon conviction 
shall be punished by fine of not less than 
One Hundred Dollars ($100) nor more 
than Two Thousand Dollars ($2,000), or 
imprisonment in the penitentiary for not 
less than two (2) nor more than five (5) 
years, or by both such fine and imprison- 
ment.” 
Sec. 22. Chapter 1, Title 5, of the Penal 
Code of this State shall be amended by 
adding thereto the following, to be known 
as Article 160-a: 
“Article 160-a. Bribery of Basic Science 
Board. Any person who shall bribe or 
offer to bribe any member of the Basic 
Science Board authorized to issue a cer- 
tificate of proficiency in the basic sciences 
shall be confined in the penitentiary not 
less than two (2) nor more than five (5) 
years.” 
Sec. 23. Chapter 1, Ttle 5, of the Penal 
Code of this State shall be amended by 
adding thereto the following, to be known 
as Article 160-b: 
“Article 160-b. Acceptance of Bribe by 
Basic Science Board. Any member of the 
Basic Science Board who shall accept a 
bribe or consent to accept a bribe under 
an agreement or with an understanding that 
he will aid any person in obtaining a cer- 
tificate of proficiency in the basic sciences 
in return for the bribe given or promised, 
shall be confined in the penitentiary not 
less than two (2) nor more than five (5) 
years.” 
Sec. 24. Saving Clause. That in the 
event any section or part of section or 
provision of this Act be held invalid, un- 
constitutional, or inoperative this shall not 
affect the validity of the remaining sec- 
tions, or parts of sections of the Act, but 
the remainder of the Act shall be given 
effect as if said invalid, unconstitutional, 
or inoperative section, or any part of sec- 
tion or provision, had not been included. 
In the event any penalty, right, or remedy 
created or given in any section or part 
of this Act is held invalid, unconstitu- 
tional or inoperative, this shall not affect 
the validity of any other penalty, right or 
remedy created or given by either the 
whole Act, or in the section thereof con- taining such invalid, unconstitutional, or 
inoperative part; and if any exception to, 
or any limitation upon, any general pro- 
vision herein contained shall be held to be 
unconstitutional or invalid, the general pro- 
vision shall, nevertheless stand effective 
and valid, as if the same had been en- 
acted without such limitation or exceptions. 
Sec. 25. Present Licensure Acts Not Re- 
pealed. No provisions of this Act shall be 
construed as repealing any statutory pro- 
vision in force at the time of its passage 
with reference to the requirements govern- 
ing the issuance of licenses to practice the 
healing art, or any branch thereof, or as 
in any way lessening such requirements. 
Sec. 26. Emergency. The importance 
to the public of the provisions of this Act 
and the necessity for further safeguarding 
the granting of licenses to persons prac- 
ticing the healing arts contained in this 
Act, create an emergency and an impera- 
tive public necessity demanding the sus- 
pension of the Constitutional Rule requir- 
ing bills to be read on three several days 
in each House, and the same is hereby 
suspended, and that this Act shall take 
effect and be in force from and after its 
passage, and it is so enacted. 
APPROVED: April 28, 1949. 
Effective: April 28, 1949. 
AMENDMENTS 
H. B. 915, Acts of the 51st Legislature, 
1949 
Be It Enacted by the Legislature 
of the State of Texas: 
Section 1. That Section 8, 16 and 18 
of House Bill No. 103, Acts of the Fifty- 
first Legislature, 1949, be and the same 
are amended so as to hereafter read as 
follows: 
“Section 8. Reciprocity. The Board 
shall waive the examination required by 
Section 7, when proof satisfactory to the 
Board is submitted, showing (1) that the 
applicant has passed in another State, Ter- 
ritory, or District of Columbia, an exami- 
nation in the basic sciences before a board 
of examiners; (2) that the requirements 
35- of that State, Territory, or District of Co- 
lumbia are not less than those required 
by this Act as a condition precedent to the 
issue of a certificate; (3) that the board 
of examiners in that State, Territory, or 
District of Columbia grants like exemp- 
tions from examination in the basic sciences 
to persons holding certificates from the 
State Board of Examiners in the Basic 
Sciences in Texas; (4) that the applicant 
show satisfactory proof that he is a citizen 
of the United States; and (6) that the 
applicant is a person of good moral char- 
acter and the holder of an uncancelled 
basic science certificate from another State, 
Territory, or the District of Columbia.” 
“Sec. 16. Exceptions. The provisions of 
this Act do not apply to dentists, duly 
qualified and registered under the laws of 
this State, who confine their practice strict- 
ly to dentistry, or those persons under the 
jurisdiction of the Texas State Board of 
Dental Examiners; nor to duly licensed 
optometrists who confine their practice 
strictly to optometry as defined by Statute; 
nor to duly licensed chiropodists, who con- 
fine their practice strictly to chiropody as 
denned by Statute; nor to masseurs in 
their particular sphere of labor; nor to 
commissioned or contract Surgeons of the 
United States Army, Navy or Public Health 
and Marine Hospital Service, in the per- 
formance of their duties, and not engaged 
in private practice; nor legally qualified 
physicians of other States called in con- 
sultation, but who have no office in Texas, 
and appoint no place in this State for see- 
ing, examining or treating patients. The 
Basic Science Law shall not affect or limit 
in any way the application or use of the 
principles, tenets or teachings of any 
church in the ministration to the sick or 
suffering by prayer, without the use of 
any drug or material remedy, provided 
sanitary and quarantine laws and regula- 
tions are complied with, provided however, 
that the provisions of this Act shall not 
apply to a member of any religious faith 
in administering the last rites of his faith 
and provided further that all those so min- 
istering or offering to minister to the sick 
or suffering by prayer shall refrain from 
maintaining office, except for the purpose 
of exercising the principles, tenets or 
teachings of the church of which they are 
bona fide members; nor shall the Basic 
Science Law apply to persons licensed to practice the heading art, or any branch 
thereof, in the State of Texas when this 
Act shall take full force and effect; nor 
shall the Basic Science Law apply to any 
Chiropractor who is a graduate of a school 
which was regularly organized and con- 
ducted as a chiropractic school in the 
United States at the time of such gradua- 
tion and who has practiced Chiropractic 
one (1) year immediately preceding the 
effective date of this Act and who has re- 
sided in Texas for two (2) years immedi- 
ately preceding the effective date of this 
Act and who has never had a license to 
practice any branch of the healing art 
cancelled by any American or Canadian 
State, Province or Territory, provided, 
however, that licenses voided by virtue of 
the decision in ExParte Halsted, 182 S. W, 
(2nd) 479, shall not be construed as li- 
censes cancelled as provided by this Sec- 
tion.” 
Sec. 18. Chapter 6, Title 12 of the 
Penal Code of this State, shall be amended 
by adding thereto the following to be known 
as Article 742-b: 
“Articdle 742-b, Exceptions. The pro- 
visions of the Basic Science Law do not 
apply to dentists, duly qualified and regis- 
tered under the laws of this State, who 
confine their practice strictly to dentistry, 
or whose persons under the jurisdiction of 
the Texas State Board of Dental Exami- 
ners; nor to duly licensed optometrists, 
who confine their practices strictly to op- 
tometry as defined by Statute; nor to nurses 
who practice nursing only; nor to duly 
licensed chiropodists, who confine their 
practice strictly to chiropody as defined 
by Statute; nor to masseurs in their par- 
ticular sphere of labor; nor to commis- 
sion or contract Surgeons of the United 
States Army, Navy or Public Health and 
Marine Hospital Service, in the perform- 
ance of their duties, and not engaged in 
private practice; nor to legally qualified 
physicians of other States called in consul- 
tation, but who have no office in Texas 
and appoint no place in this State for see- 
ing, examining or treating patients. The 
Basic Science Law shall not affect or limit 
in any way the application or uses of the 
principles, tenets, or teachings of any 
church in the ministration to the sick or 
suffering by prayer, without the use of any drug or material remedy, provided 
sanitary and quarantine laws and regula- 
tions are complied with; provided, how- 
ever, that the provisions of this Act shall 
not apply to a member of any religious 
faith in administering the last rites of his 
faith; and provided further that all those 
so ministering or offering to minister to 
the sick or suffering by prayer shall re- 
frain from maintaining offices, except for 
the purpose of exercising the principles, 
tenets, or teachings of the church of which 
they are bona fide members, nor shall the 
Basic Science Law apply to persons licensed 
to practice the healing art, or any branch 
thereof in the State of Texas when this 
Act shall take full force and effect; nor 
shall the Basic Science Law apply to 
any Chiropractor who is a graduate of a 
school which was regularly organized and 
conducted as a chiropractic school in the 
United States at the time of such gradua- 
tion and who has practiced Chiropractic 
one (1) year immediately preceding the 
effective date of this Act and who has re- 
sided in Texas for two (2) years immedi- 
ately preceding the effective date of this 
Act and who has never had a license to 
practice any branch of the healing art can- 
celled by any American or Canadian State, 
Province, or Territory, provided, however, 
that licenses voided by virtue of the de- 
cision in Ex Parte: Halsted, 182 S. W. 
(2nd) 479, shall not be construed as li- 
censes cancelled as provided by this Sec- 
tion." 
Sec. 2. That House Bill No. 103, Acts 
of the Fifty-first Legislature, 1949, be 
amended by adding a new section at the 
end of Section 23 to be numbered Section 
23a and to read as follows: 
“Sec. 23a. The provisions of this Act 
shall not apply to graduates of schools of 
the healing arts who have been enrolled 
in their respective schools for at least one 
(1) year prior to the time this Act be- 
comes law and who have attended said 
schools under the G. I. Bill of Rights and 
were bona fide residents of the State of 
Texas at the time they entered the mili- 
tary service, provided further that this 
Section shall not apply to any person who 
entered the military service after January 
1, 1946." 
Sec. 3. If any provision of this Act shall be held invalid such invalidity shall not 
affect the remaining portions of this act 
and the Legislature declares that it would 
have enacted such remaining portions de- 
spite such invalidity. 
Sec. 4. The fact that the crowded con- 
dition of the Calendar together with the 
fact that the major portion of the one 
hundred and twenty days of the session 
has expired and the dire need of such leg- 
islation create an emergency and an im- 
perative public necessity that the Consti- 
tutional Rule requiring bills to be read on 
three several days in each House be sus- 
pended, and said Rule is hereby suspend- 
ed, and that this Act shall be in full force 
and effect from and after its passage, and 
it is so enacted. 
H. B. No. 915 was passed by the House 
on May 5, 1949, by a viva voce vote. 
H. B. No. 915 was passed by the Senate 
on May 12, 1949: Yeas 31, Nays 0. 
APPROVED: May 27, 1949. 
Effective: October 5, 1949. 
Basic Science Act: Inquiries concern- 
ing the Minimum Standards (Basic Science 
Law) should be addressed to the Board of 
Examiners in the Basic Sciences, Nalle 
Building, Austin, Texas. 
-39-