HOME / Featured News / HIGHLIGHTED NEWS
TBCE Proposes Amending Rule 77.5 Misleading Claims
Rate This Article:
0
The Texas Board of Chiropractic Examiners has published a rules proposal for Rule 77.5, Misleading Claims. FOUND HERE, the TBCE proposes to change the rule in the following way [deletions in light color, additions in red]:

(a)  A person advertising chiropractic services shall not use false, deceptive, unfair or misleading advertising, including, but not limited to [, claims that chiropractic services]:

(1) claims intended or reasonably likely to create a false expectation of the favorable results from chiropractic treatment;

(2) claims intended or reasonably likely to create a false expectation of the cost of treatment or the amount of treatment to be provided;

(3) claims reasonably likely to deceive or mislead because the claims in context represent only a partial disclosure of the conditions and relevant facts of the extent of treatment the licensee expects to provide;

(4) claims that state or imply chiropractic services provide a cure for any condition;

(5) [(1)] claims that chiropractic services cure or lessen the effects of ailments, injuries or other disorders of the human body which are outside the scope of chiropractic practice as defined by Chapter 201 of the Occupations Code and Title 22, Part 3 of the Texas Administrative Code [these rules]; [or]

(6) claims that state or imply the results of chiropractic services are guaranteed; or

(7) [(2)] claims that chiropractic services offer results that are not within the realm of scientific proof beyond testimonial statements or manufacturer's claims.

(b) Subsection (a)(2) of this section is not meant to be applicable to circumstances where the cost or amount of treatment varies from an original quotation or advertisement by a reasonable amount.

(c) The standard to be used in determining whether a violation of this rule has taken place is the generally accepted standards of care within the chiropractic profession in Texas.

The TBCE notes that the "earliest possible date of adoption: February 19, 2012" and that "for further information, please call: (512) 305-6716."

As this is a proposed rule public comment may be e-mailed, mailed, phoned or faxed to the TBCE offices.

 
Post A Comment
* Indicates Required Field
Comment Title:
* Comments:
Nickname:
* Validation:
Most Recent Comments
Added: January 30, 2012. 04:58 PM CDT
GET REAL.....PLEASE!!!
What a total waste of time and energy. The new rules will make it easier to have a witch hunt. Can they cite any specific cases and problems that have led to making this change? What is the rate of complaints in this area? And please do NOT compare the chiropractic ads with the medical ads and health gimmick ads.

Now if this rule change is order to collect more money to fight the TMA/AMA political battles.... oh, wait, didn't they turn that battle over to TCA to fund?
Anonymous....just so TBCE cannot retaliate
Added: January 27, 2012. 10:58 PM CDT
More Rules with Ill-defined terms
a.1) No, let's not offer any hope.
a.2) Let the government protect you because you have no idea how to protect yourself and can't think for yourself to ask the question "How much does this cost?" (You'd think we were mobile contractors that zoom in after a tornado or hurricane!)
a.3)How many fat people are still fat after gastric bypass and similar surgeries? They only put the skinny ones on the commercials!
a.4)Though this may be a first for TBCE to offer something technically a philosophical truism, the general public doesn't converse in such nuance. So see a.1) No hope at all. Come in for the hell of it because we can't offer you any solutions at all.
a.5)However, could we quote other peer-reviewed sources that do?
a.6)If an idiot DC makes a guarantee, let him/her make it. It doesn't hold the rest of us to his idiocy!
a.7)Who is the determiner of adequate proof?
(b) Who defines reasonable, Warren Buffet or the 99%?
(c) Where are these standards printed for reference? My standards are what I know and what my patients accept when offered.

Given the majority of TBCE are DC's, who in Austin is motivating such foolishness? I'd certainly hope this was not done on their own initiative!
Scared of shadow
Added: January 27, 2012. 09:53 AM CDT
Why Can't the Board do something more important
How about the board focus on not allowing insurance companies show up at the scene of an accident and make cash offers while the injured public are potentially concussed and not capable of knowing if they have injuries that may exceed the paltry offer being made at a time of crisis? How about the board helps Medicare see that we are routinely paid despite us follow all of the Medicare rules. How about the board changes the rules and allows us to use the term "Doctor" like many other states. I am sick of getting my degree of Doctor of Chiropractic then being denied the opportunity to be called doctor in writing yet every interaction in my career my patients, staff and fellow MDs call me doctor! Wake up and focus on what is plainly correct here! We are hyper regulated as it is. I do not see many D.C.s making false claims as these additional rules are trying to curb, perhaps I am not looking hard enough. I have paid the TCBE for 26 years and I am ready to see them act on an issue that frees us to help more people with less restrictions!
Dr Wm Langeland
 
 
FeaturedNews
US Senators Call for Medical Boards Investigation
Published 02/22/2012 - 8:00 a.m.  CDT

Three top-ranking senators have asked for a federal investigation into how effective state medical boards are at tracking and disciplining doctors who have been sanctioned by their hospitals or managed care organizations.

"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."

"In a letter, the trio outlined a number in instances in which physicians were sanctioned by their employer for wrongdoing -- which included sexual misconduct, malpractice, and fraud -- but did not face any consequences from their state medical board."


...Read More
Drinking Surgeons
Published 02/22/2012 - 6:15 a.m.  CDT

Surgeons may struggle with alcohol use disorders that are potentially related to burnout and depression, survey results suggested.

Just over 15% of surgeons who participated in the survey met criteria for alcohol abuse or dependence on the Alcohol Use Disorders Identification Test, version C (AUDIT-C)
...Read More
A Happy Patient Not an Indicator of Better Outcomes
Published 02/21/2012 - 9:01 a.m.  CDT

Happy patients have higher rates of hospitalization and mortality, researchers found.

Patients who reported the highest satisfaction in a national survey were at the highest odds of inpatient admission and mortality in the years that followed, at 12% and 26% above that of the least satisfied group, respectively.

High patient satisfaction also came with greater total healthcare expenditure and more spending on prescriptions.

"Our findings raise concern that efforts to satisfy patients may have downsides if they lead to unnecessary care that comes with health risks [and] without benefits."
...Read More
Reader Login
Username:
Password:
 Save Login?
Free Sign-up
Forgot Password?
Reader Control Panel
Article Popularity
Views
Ratings
Comments

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.

Three top-ranking senators have asked for a federal investigation into how effective state medical boards are at tracking and disciplining doctors who have been sanctioned by their hospitals or managed care organizations.

"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."

"In a letter, the trio outlined a number in instances in which physicians were sanctioned by their employer for wrongdoing -- which included sexual misconduct, malpractice, and fraud -- but did not face any consequences from their state medical board."



Surgeons may struggle with alcohol use disorders that are potentially related to burnout and depression, survey results suggested.

Just over 15% of surgeons who participated in the survey met criteria for alcohol abuse or dependence on the Alcohol Use Disorders Identification Test, version C (AUDIT-C)

Too much sunlight is bad for the skin, but not enough may be a risk factor for stroke, according to a study.

People who died from stroke had the most severe and rapid memory loss prior to the event compared with stroke-free individuals and those who survived a stroke, a large study found.

Children exposed to general anesthesia multiple times during the first two years of life have an increased likelihood of later developing attention deficit hyperactivity disorder (ADHD).

Happy patients have higher rates of hospitalization and mortality, researchers found.

Patients who reported the highest satisfaction in a national survey were at the highest odds of inpatient admission and mortality in the years that followed, at 12% and 26% above that of the least satisfied group, respectively.

High patient satisfaction also came with greater total healthcare expenditure and more spending on prescriptions.

"Our findings raise concern that efforts to satisfy patients may have downsides if they lead to unnecessary care that comes with health risks [and] without benefits."

Heavily stressed muscles responded to massage therapy with a variety of biologic changes associated with reduced inflammation, analysis of tissue specimens showed.

Findings suggest that the perceived positive effects of massage are a result of an attenuated production of inflammatory cytokines, which may reduce pain by the same mechanism as conventional anti-inflammatory drugs such as NSAIDs.

The American Chiropractic Foundation (ACF) is pleased to announce that it has been accepted by the Federation of Chiropractic Licensing Boards (FCLB) as a Provider of Approved Continuing Education credits (PACE). This certification allows ACF to promote quality, scientifically sound continuing education that helps DCs remain current in their educational obligations.