TMA v TBCE: HOW DOES THIS LAWSUIT AFFECT ME? - Texas Journal of Chiropractic

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TMA v TBCE: HOW DOES THIS LAWSUIT AFFECT ME?

Announcement, Texas Chiropractic Association

Published 09/23/2009 - 10:38 a.m. CDT

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The TMA lawsuit against the Texas Board of Chiropractic Examiners seeks to limit the scope of practice of Doctors of Chiropractic. The TMA contends that DCs cannot:

(1) diagnose medical conditions,
(2) perform electromyography (needle EMG), or
(3) perform manipulation under anesthesia (MUA).

TCA intervened, joining with the Board, to demonstrate that the TMA is wrong on all three counts.

With respect to diagnosis, the TMA flat out asserts that “[u]nder Texas law, only physicians can diagnose medical conditions.” The TMA relies on the fact that the Texas Chiropractic Act, instead of using the term “diagnose,” uses the terms “analyze, examine, or evaluate the biomechanical condition of the spine and musculoskeletal system of the human body.” The TMA’s hypertechnical reading of the word “diagnose” ignores the fact that the term has synonyms and that to “analyze, examine, or evaluate” is synonymous with “diagnose.” The TMA’s position would make it impossible for a DC to treat patients.

With respect to Needle EMG, the TMA also urges that needle EMG is a diagnostic tool, that doctors of chiropractic may not diagnose, and that, therefore, doctors of chiropractic may not use needle EMG. The TMA also bases its argument on a highly strained reading of what constitutes “surgery,” a reading that would apply a different definition to different practitioners, allowing PTs, for example, to perform procedures that are prohibited to DCs. Needle EMG is simply not “surgery,” no matter who performs it.

With respect to MUA, the TMA urges that chiropractic manipulation is somehow magically transformed into a surgical procedure when it is performed under anesthesia, administered by an anesthesiologist. The TMA relies on a term that the TMA asserts applies to chiropractic manipulation that is included in the surgery section of the CPT. This would open the door to amendments to the CPT that would potentially limit all health care providers simply because the AMA chose to place the procedure under a particular heading, regardless of the true nature of the procedure.

Even if you do not perform Needle EMG or MUA, your practice would be affected if the TMA prevails. The TMA’s position would make it impossible for a DC to treat patients without an order from a Medical Doctor.

Click here to Help TCA make sure this does not happen.

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Added: September 15, 2010. 12:43 PM CDT

TMA vs. TBCE

Why don't we get the dentists and podiatrists to help us with the fight? It sounds to me that they too would have a vested stake in this since the TMA is stating that only a "physician" can diagnose. Technically, a dentist and a podiatrist are not considered "physicians". This could have a profound inmact on their ability to practice as well. It sounds like the TMA is trying to open the door to go after them next. There is a real turf war going on right now, and if we don't stand up and fight for ourselves... then who will.

Anonymous

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