Legal news
Acupuncturists Get a Second Chance at TBCE
Written by Editor   
Monday, March 06, 2017 02:37 PM

News bite:  An appeals court has withdrawn its opinion favoring the chiropractic profession  in the lawsuit between acupuncturists and chiropractors.  Due to a technical oversight the acupuncturists will now have a second chance to convince the courts that doctors of chiropractic should not be allowed to make use of acupuncture therapy because it is “owned” by the medical acupuncturist board.

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A Texas Supreme Court Ruling on Evaluation and Diagnosis
Written by Editor   
Monday, March 06, 2017 02:28 PM

News bite:  In a Texas Supreme Court ruling for a different profession, the court seems to take a position favorable to the chiropractic argument in the numerous cases involving TMA and TBCE. The court notes that the Medical Association contends that the term ‘diagnosis’ is distinct from an ‘evaluation.’ Other statutes, however, refer to the terms demonstrating that an evaluation necessarily includes a diagnosis or identification of the thing being evaluated. “Chiropractic practice includes the use of ‘objective or subjective means to analyze, examine, or evaluate …’ without using the term diagnosis. … But it then provides that a chiropractic patient’s records include records “of the identity, diagnosis, evaluation, or treatment of a patient by a chiropractor.” These provisions indicate that the chiropractor’s authority to “analyze, examine, or evaluate” the patient includes the authority to diagnose the patient….  We … conclude that the Medical Association makes too much of the rule’s use of the word ‘diagnostic.'”

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Texas Neurosurgeon Sentenced to Life for Maiming Patients
Written by Editor   
Monday, March 06, 2017 02:19 PM
News bite:  A Texas neurosurgeon whose work was described as being “like letting an amateur loose in surgery” has been sentenced to life in prison for first degree injury to an elderly person.
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Court Sides With TMA on Chiropractic Scope of Practice Lawsuit
Written by Editor   
Thursday, November 03, 2016 10:11 PM

In a final judgment, Travis County District Court Judge Rhonda Hurley determined that the Texas Board of Chiropractic Examiners’ (TBCE’s) rules permitting chiropractors to make medical diagnoses and perform other medical procedures exceed the chiropractic scope of practice.  By voiding the rules, Texas chiropractors can't perform vestibular-ocular-nystagmus (VON) testing. The court also specified that the definitions of “musculoskeletal system" to include "nerves," "subluxation complex" as a "neuromusculoskeletal condition," and use of the term "diagnosis" by TBCE in its rules all exceed the scope of practice as defined by the Texas Occupations Code.

TMA has a nearly 100 year history of litigation against the chiropractic board. TMA sued the board in early 2011 and emphasized to the court that allowing some chiropractors to perform VON testing puts Texans’ health in danger, because “the eyes and ears are not part of the spine or musculoskeletal system of the human body.”

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Antitrust Lawsuits to Watch 
Written by Editor   
Monday, November 23, 2015 12:20 AM

In light of the U.S. Supreme Court case stating that State regulatory Boards are not immune from being sued for taking action that violates Antitrust laws, this article reports on six state board antitrust cases to watch.

Since the U.S. Supreme Court ruled that state professional regulatory boards are not inherently shielded from antitrust challenges, a number of suits have piled into federal courts across the country.  

The split decision in the Federal Trade Commission's case against North Carolina's dental board held that state boards controlled by active market participants don't automatically qualify for what is known as state action immunity. While states and other government entities can generally escape antitrust liability if they clearly articulate a plan to replace competition with regulation, the February ruling means that professional regulatory boards may also have to be actively supervised by the state to win immunity.

That decision has led to a spate of new cases since the case brought attention to the possibility that state boards may be limiting competition, according to Jarod Bona of Bona Law PC.

Here are a few cases to watch as district courts begin to analyze those issues.

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