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Diagnosis and the "Cash Practice"
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It has been common of late for some healing arts practititoners to state "so what if the TMA succeeds in hijacking the word diagnosis?  It won't change how I practice--I just won't take insurances."  The question is then, will an adverse outcome on the ability of healing arts practitioners other than MD/DOs to render a "diagnosis" have an adverse effect on a practitioner who does not deal with third-party payers?   The answer is: yes it will.

As it stands now the Texas Medical Association, populating almost 20% of the board of trustees of the American Medical Association [citation], considers the act of diagnosing to be the "unauthorized practice of medicine" because to make "a ‘diagnosis’ concerning the biomechanical condition of the spine or musculoskeletal system when [law] limits the practice of chiropractic to the use of objective or subjective means to ‘analyze, examine, or evaluate’ conditions” authorizes chiropractors to practice medicine [citation].  The TMA is prepared to go the "whole way" in pursuing this concept for they state "[But even if] the Scope of Practice rule as it pertains to ‘diagnosis’ of medical conditions is permitted by [law] then [this suit seeks a declaration] whether the statute and rule are constitutional under Texas Constitution Article 16 § 31. [citation]. 

The TMA/AMA is prepared to pull all the stops to "own" the word "diagnose", just as they desire to accomplish "limiting use of the term doctor" [citation].

In the event of an adverse outcome, those doing business with third party payers such as insurance carriers, Medicare and Medicaid will not be the only ones affected. For example consider that in the following cases that a "diagnosis" is necessary:

  • In a malpractice action, attorneys on both sides are likely to argue that a "diagnosis" is required prior to treatment.  Without a "legitimate" diagnosis rendered by a [medical] physician one could be at substantial risk of malpractice.
  • Or about if someone just decides to complain to the Texas Medical Board about your either "unlawfully" diagnosing, or failing to obtain a "legitimate" diagnosis?  The TMB stands ready to refer cases for criminal and civil action, in addition to issuing its own cease and desist orders for "the unauthorized practice of medicine."  The TMA and the TMB did so to chiropractic physicians from the early 1900s to the late 1940s.  Think they won't do it again?
  • Even the Texas Board of Chiropractic Examiners, if this lawsuit is ultimately lost, will be required to create and enforce rules pertaining to what and how to obtain a "legitimate" diagnosis. 

In effect, the loss of this lawsuit will mean that the full authority of the government of Texas will be used against your profession to limit, some say to cripple, it beyond recognition.

These are but a few of the MANY, MANY reasons why chiropractic physicians, chiropractic patients, chiropractic family and friends, and even other healing arts practitioners should assist in funding the Litigation Fund at the link HERE.

 
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