I recently received an e-mail communication which included a number of erroneous statements regarding the TMA lawsuit. I was elected to the office of president in June of 2009.  Together with the executive committee and with the approval of our board of directors, I have directed our legal counsel to enter this lawsuit on behalf of our membership and for the profession.  Unfortunately the judicial system grinds at its own pace and we are unable to make any judge move at anything other than their own pace. 
 
For the record, we have been working since September to build a communication system to better serve the TCA, A former president, editor and as communications director for TCA, Dr. Chris Dalrymple is uniquely suited for this job. For the first time in over five years we will be sending our first printed copy of the Texas Journal of Chiropractic to every chiropractor we have an address for.  The centerpiece of this edition is the history and effect of this lawsuit. 
 
The referenced e-mail stated: "I want to asure (sic) you that...your district, has done all it was allowed to do to make sure your scope of practice was not decreased." The efforts of this District are greatly appreciated and have been acknowledged through your leadership by the entire Executive Committee and TCA Board, HOWEVER, There are eleven OTHER districts composing this organization and THEY TOO have a say in the strategy and tactics taken by the TCA. 

One district acting on its own initiative has historically caused more disruption of state planning and function than they have assisted.  Under this administration, there has been no unilateral decision making on any matter effecting the practice of chiropractic in this state.  All matters determining our decision to enter this case, on behalf of Texas Chiropractors, were based on consent of the Executive Committee, the entire TCA Board and the Advice of legal counsel. 
 
You complain:"For over two years we have been asking the TCA Executive directors (sic) in Austin to begin preparing for this lawsuit.  All we heard was, 'We have it under control.'"  The TCA lead counsel handling this lawsuit has had our litigation strategies and tactics under constant review since this lawsuit was filed by the TMA over three years ago.  This is the same attorney the won the UIL, and other, lawsuits on the behalf of chiropractors in Texas.  This is also the same attorney that has defended the Podiatrists and other health professions against similar attacks on scope of practice by the TMA.  A court of law moves at its own speed and no faster.  The UIL case took some 5 years to complete.  The famous Wilk's case took a decade before a final ruling was rendered.  The Texas Chiropractic Association has remained in constant contact with ACA legal counsel, NCLAF, COCSA, NCMIC and other state and national organizations with global interest in this case, even before we decided to enter as co-litigants.
 
"I attended an Executive meeting.  At this meeting I asked for public updates to inform each of you what is going on with our lawsuit.  I concured (sic) there will be lots of information that can not be divulged, [but it was] agreed to provide weekly updates on what is being done.  We attended this meeting over one month ago.  To date [they have] not released any information.  I am assuming nothing has been done because she promissed (sic) weekly updates on what was being done."  This assumption is completely wrong.  Regular updates have been widely posted since we entered this case back in August--both posted on our website and briefed through regular communication with State Directors.

I agree that TCA communication has been weakened over the past years, but this administration has taken steps to rectify this situation as directed by our board and as a priority of our Executive Committee.  We now have a communications director who has been working to 1) reorganize the TCA website to make it increasingly useful; 2) added an online Texas Journal of Chiropractic to bring the most current news we have available; 3) added blast e-mail communications to share important news via e-mail when necessary; 4) are bringing back a print Texas Journal of Chiropractic on a limited basis to insure that ALL chiropractors have the necessary news in their hands as best we can deliver it. We are working on adding another layer of communication in the near future that will further enable Texas chiropractors to have improved communications.  We are working as diligently as we may, and as our limited staff and resources allow.

It was asserted that "The perfect [legal] team was formed and now it is dismantled."  This opinion is erroneous.  Every possible resource has been utilized.  TCA legal counsel has been directed to use every resource available at our disposal.  The wishes of this individual district's leadership HAVE been heard and ARE being acted upon.  TCA legal counsel has been in regular communication with the best and brightest minds in Chiropractic Legal Defense since before we formerly entered this lawsuit.  This includes Tom Daley of the ACA, Michelle Quatlebaum of NCMIC, and others.
 
"If you feel like your license should be tried by the perfect team, that includes the very best defender of Chiropractic, email Kevin Kanz.  He is the president of the TCA. Ask him why he is so strongly against having the very best team defending your license." These words are intended to be inflammatory and personal, and I will not dignify them with a personal remark. However, neither I or any member of the Executive Committee are against forming the very best team to defend the chiropractic profession in the state of Texas.  In fact, we--the elected representatives of TCA members of the entire state--believe that we HAVE assembled the the very best team defending chiropractic anywhere in this state and perhaps anywhere in the nation. 

This is a unique case requiring an argument specific to Texas administrative law, Texas statutory interpretation and the Texas Constitution. I thank you for your opinions, but ALL TWELVE TCA districts, after deliberation and discussion, make the decision to hire the attorneys to represent chiropractic. No individual district, nor "some members" of of a geographic district acting unilaterally, have the right or privelage to make that decision on behalf of chiropractic doctors in Texas.  The elected representatives from the ENTIRE STATE have that right and obligation.
 
"I want to remind each of you that they work for us.  Everything you have heard about the lawsuit is all we were told and that is very little.  For some reason Dr. Kanz has opted to keep this lawsuit to himself.  For some reason he has ignored all of the warnings that your license and your family income could be deleted. " Again, this good doctor is in error. 

Everything about the lawsuit that can be told HAS been published on two websites, included in a print journal for distribution to ALL chiropractors in Texas, blast e-mailed to chiropractors, AND provided to the state directors for DIRECT phone contact with their district members. 

To make it easy for you to understand, here is everything about the lawsuit in the shortest possible statement: 

1) TMA sued TBCE;
2) TCA joined the lawsuit to protect the entire profession;
3) TCA hired the best administrative law attorney in Texas;
4) The Judge rules in his court and determines how the court will move and act;
5) This District's choice for an attorney HAS been added to the litigation team; as she has been participating advising all along;
6) a trial date set for January has been delayed to April;
7) The attorneys continually monitor developments and keep their clients, the TCA, advised;
8) The TCA keeps its membership advised through communications with its state directors (if you feel uninformed you need to speak with your state director and complain to him), and now through the communications instrument TCA has established;
9) Go to the TCA website for the latest developments on the lawsuit, they ARE posted there.
 
"Let me tell you.  This is not being handled.  If Kevin had anything to brag about he would be emailing us to let us know.  He would be sending email blasts as often as possible.  Use your voice, your email, or whatever mode of communication you have and demand updates."  In my 20 years of service to the TCA, I have not taken personal credit for any service that I have performed for this profession.  I have personally taken this appeal to ACA, ICA, NCLAF, COCSA and all interested state and national associations with global interest.

The fears of this doctor are noted.  When there IS something to brag about the TCA will let you know as often as possible. Again, however, I remind you that litigation TAKES YEARS not months to resolve.  This lawsuit, and resulting appeals, are likely to drag out for nearly a decade.  Be patient, be long-suffering, be supportive.
 
"For the record, Chip Kent works his tail off for our profession." Yes he does, and so does Patte Kent, so does Elliot Boney, and Mindy Moseley, and so does Ben Huddleston, and Ben Campbell, and Jordon Berry, and so does Chris Dalrymple, and Jennifer Riggs, and Michelle Quatlebaum; and so does every volunteer officer working for this association on behalf of the chiropractic profession in Texas. 

To assume that one individual can do it all or to assume that a handful of individuals can do it all, or to assume that one district can do it all is naive and ignorant if the global impact of our united action.  This is why TCA hires the best professionals that it is able to procure--it takes a great deal of time, energy, and effort to watchdog this profession.  If we have the support of individuals such as yourself calling for SUPPORT of the TCA perhaps we could hire an even GREATER number of professionals to protect and defend us.
 
I think our members for your concerns and I respect their fears.  I encourage all of you to work WITH the TCA organization to improve our profession.  What is PAST is in the PAST and cannot now be changed.  The future is what we make of it, and we are moving forward with deliberation and decisions that are made by ALL district representatives as well as the executive leadership.  We have hired the best professionals  available to help to defend us. 

I hope that all will join together in support of our common cause.   I hope that all will spread the word that the litigation fund needs financial support as readily as one has  spread the word that something appears to be amiss. The state of OUR union is strong.  Our association is fifth in the nation in its percentage of dues paying members, with some 37% of active Texas chiropractors as members.  We would love for this to be MUCH, much higher, but far larger a number than any of the national chiropractic associations, and all but 4 other state chiropractic associations.  It is a greater number than our opponents state or national membership percentages.  If we will but continue to join together in unity to accomplish the goals that we set for ourselves, we can effect a great change in our world.

The future is not as bleak as you fear, nor is it as good as we would may wish.  THIS is why we continue to struggle to improve it.  THIS is why the TCA as a whole organization exists. This is why we join TOGETHER to achieve OUR goals.