TCA Response to TDI-DWC Proposed Changes
Written by Andrea Howard   
Friday, August 25, 2017 12:55 PM

 

 

TCA Members and Texas Chiropractors,

As many of you are aware, the Texas Department of Insurance, Division of Workers’ Compensation (the “Division”) published informal working draft rules regarding Designated Doctor Procedures and Requirements. The draft rules can be found here: http://www.tdi.texas.gov/wc/rules/drafts.html.

Doctors of Chiropractic from across Texas have contacted TCA to express their grave concerns about the impact several of these rules would have on injured workers and chiropractors. TCA shares these concerns. While TCA will be submitting comment on the proposals to the Division on behalf of its membership, the Association strongly encourages Doctors of Chiropractic to review the draft rules and submit their individual comments to the Division. It is critical that the Division hear how these draft rules would impact the chiropractic community.

Provisions in the Division’s draft rules prioritize Medical Doctors, Doctors of Osteopathy, and board-certified specialists over Doctors of Chiropractic in case assignments within the Designated Doctor Program (see draft rule § 127.5(f)(1) and (2)). Other provisions reduce chiropractic scope of practice within the Designated Doctor Program by prohibiting Doctors of Chiropractic from examining injured workers with torso-related injuries, hernia injuries, cauda equina syndrome, fractures, dislocations, tendon and nerve lacerations, compartment syndrome, and brachial plexus and lumbosacral plexus injuries (see draft rule § 127.130(b)(3), (8) and (9)).

While TCA supports rule changes that improve the function of the workers' compensation system, it cannot support changes that place one profession over another or those intended to reduce chiropractic scope of practice. Chiropractic scope of practice is already established in law and should be determined by the Legislature and interpreted by the Texas Board of Chiropractic Examiners – not the Division of Workers’ Compensation.

Again, TCA encourages Doctors of Chiropractic to submit individual comments on these draft rules to the Division – respectfully sharing your perspective and requesting they reconsider several of the amendments. Comments must be submitted by 5:00PM CST on September 1, 2017 and can be submitted at InformalRuleComments@tdi.texas.gov.

Sincerely,

Max Vige, DC

TCA President