(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. 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.
