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TMA Claims a Victory in Court
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The Texas Medical Association REPORTS HERE that "an Austin state district judge ruled in TMA’s favor in early December and granted the association's motion to stop chiropractors from performing vestibular testing. Judge Rhonda Hurley's ruling invalidates the Texas State Board of Chiropractic Examiners' (TBCE) vestibular testing rule by declaring it to be beyond chiropractors' lawful scope of chiropractic."

"TMA took the TBCE to court to protect patient safety after TBCE adopted rules allowing chiropractors to perform the procedure. TMA argued that state law does not authorize chiropractors to perform vestibular testing. The vestibular system is a component of the inner ear and communicates with the central nervous system. Tests of vestibular function are diagnostic tests designed to evaluate the function and structure of the inner ear and/or brain, and they include hearing evaluations because the hearing and balance functions of the inner ear are closely related."

"The vestibular apparatus is not part of the musculoskeletal system because the muscles that connect the eyes to the skull do not 'move the body' or 'maintain its form,'" TMA said in its motion."

Despite case law, it is the opinion of the Texas Medical Association that "Chiropractors are not authorized to diagnose medical conditions, including defects in the vestibular apparatus, because the Chiropractic Act does not include the diagnosis of diseases within the definition of chiropractic. Even if chiropractors can use the word 'diagnosis' in a rule, any such diagnosis must be limited to the biomechanical condition of the spine and musculoskeletal system."

The TMA motion added that the issue of whether "diagnostic testing by chiropractors ... for chiropractors to be able to be primary care doctors is a question for the legislature and not the court."

The Texas Medical Association states "this is the fourth part of TBCE’s Scope of Practice Rule that a court has declared invalid and void because it exceeded the scope of chiropractic as defined by law. The first three parts of the rule unlawfully authorized chiropractors to perform manipulation under anesthesia and needle electromyography, and to diagnose diseases," but fails to report that these rules are still under appeal and have not YET been fully decided.  It is clear, however, that the medical profession jealously protects that which it perceives belongs to them alone.

 
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Middle-age men who smoke may be setting themselves up for rapid cognitive decline.

Parker University honored Dr. Gene Giggleman, professor of Parker University, with one of the most highly regarded awards given by Parker University—the James W. Parker Founders Award.

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"Sens. Max Baucus (D-Mont), Charles Grassley (R-Iowa), and Orrin Hatch (R-Utah) asked Daniel Levinson, director of the Office of the Inspector General (OIG) for the Department of Health and Human Services to undertake an evaluation of state medical boards, the first such investigation in 15 years."

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