Your Livelihood Is Under Attack

In a lawsuit filed by the Texas Medical Association, a state judge has ruled Doctors of Chiropractic can diagnose patients, but he ordered a new rule written to clarify diagnosis. So the TMA now has a clear field to continue its efforts to place severe restrictions on your practice.

The ruling also prohibits Doctors of Chiropractic from performing manipulation under anesthesia (MUA) and needle electromyography.

The Texas Chiropractic Association has assembled a legal, legislative and communications team to fight for your rights in the courtroom, at the Texas Capitol and in the media statewide. Come meet our new team and find out what we are doing for you and how you can help.

Mark Your Calendar and Plan to Attend:

Date: Saturday, September 25, 2010

Place: Fairmont Hotel, Gold Room
1717 North Akard
Dallas, Texas

Time: 3:30 p.m.

The Texas Chiropractic Association has taken the first step by launching a pro-active defense of our profession and we need your financial contributions to the Chiropractic Defense Fund to continue the fight. In the meantime, you also can:

* Visit www.chirotexas.org and click on the contribute directly to the Defense Fund link.
* Email your pledge your financial support.
* Email us at info@chirotexas.org with your contact information for us to contact you.
* Call us at 512.477.9292 to let us know you want to fight back, too.

The predatory TMA is still trying to take away your ability to diagnose patients and to maintain your Chiropractic practice.

A Travis County judge has ruled Doctors of Chiropractic do have the ability to diagnose patients. That was a huge victory for the Texas Chiropractic Association's legal team...

but we are not out of the woods yet.

The chiropractic profession is still facing the threat of litigation from the Texas Medical Association (TMA) and this doctors' association has vowed to continue its campaign to try and put Doctors of Chiropractic out of business.

Major threats to our livelihood remain:

Litigation - The judge also threw out the Texas Board of Chiropractic Examiners' (TBCE) rule regarding diagnosis and has stipulated the restrictions he wants to see in a new rule. That means TMA will still be appearing before our profession's governing board as the rule is written trying to advance their own agenda.

WE MUST ACT NOW TO PROTECT OUR PROFESSION

We must convince the Texas Legislature to clearly define, once and for all, our ability to diagnose so we can treat or, when necessary, refer patients.

We must defend the ability of the Texas Board of Chiropractic Examiners to make the rules that govern our profession and then we must defend those rules.

The Texas Chiropractic Association has launched a PRO-ACTIVE DEFENSE on your behalf and needs your FINANCIAL HELP to continue fighting this multiple front attack on our profession.

We have established a Chiropractic Defense Fund, and you can contribute directly in several ways:

* Visit www.chirotexas.org and click on the "DONATE" link to contribute directly to the Defense Fund.

* Email us at info@chirotexas.org with your contact information for us to contact you.

* Call us at 512.477.9292 to let us know you want to fight back, too

JOIN the Texas Chiropractic Association in FIGHTING BACK to protect Chiropractors' right to diagnose and practice.

Please DONATE to the Defense Fund TODAY.

Recently the court hearing the case of TMA v TBCE rendered its final judgment.

The Final Judgment states:

“It is therefore ordered that: TMA’s and TMB’s motion for summary judgment...concerning manipulation under anesthesia is GRANTED. TBCE’s and TCA’s motion for summary judgment as to manipulation under anesthesia is DENIED.”

"TMA’s and TMB’s motion for summary judgement...concerning needle electromyography, is GRANTED. TBCE’s and TCA’s motion for summary judgment as to needle electromyography is DENIED.”

"TMA’s and TMB’s Second Motion for Partial Summary Judgment challenging the scope of diagnosis authorized by....is GRANTED.”

“It is further ordered:

5) [Legal citation] concerning manipulation under anesthesia is declared invalid and void."

6) [Legal citation] concerning needle electromyography is declared invalid and void."

7) [Legal citation] concerning diagnosis is declared invalid and void.”

The judge also noted "This Judgment is final...and is appealable.”

The TCA and other parties involved are taking all strategies into consideration.

At this point in time we remind you that ALL speculation as to “what this means” is just that--SPECULATION. The only certainty at this point is that the judge has rendered his final decision and now the parties involved must determine whether to appeal and seek legislative remedies or to solely seek legislative remedies.

Read more in the original documents:

The Order regarding the Second Motion for Partial Summary Judgment

Final Judgment

Tuesday, August 17, 2010, the trial court issued a letter that concludes that doctors of chiropractic may diagnose, but that the authority to diagnose is not unlimited.

The court states that doctors of chiropractic are:

“authorized to provisionally identify, to the extent possible given the professional’s expertise and permissible tools, any disease or condition that would be a contraindication to the professional’s authorized treatment for the limited purpose of referring the patient to a professional authorized to confirm or rule out the identification. To warn of possible harm, the professional is implicitly authorized to provisionally identify any other disease or condition apparent in the course of examination for the same limited purpose.”

The court, however, also concluded that the TBCE rule 75.17(d) is invalid because it does not contain sufficient limitations. In specific, the court indicated that it would grant the TMA’s and TMB’s motion to declare that part of the rule invalid because, with the definition of subluxation complex, “an authorization to diagnose neuro-physiological aspects of the system is not consistent with the explicit authorization to diagnose only the ‘biomechanical condition’ of it.”

TCA is unclear about the implications of this portion of the letter ruling. TCA leadership will be meeting with TBCE representatives to determine the best approach at this point, which may include appeal and/or modification of the rule.