Legal news
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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Final Order Rendered in TAAOM v TBCE
Thursday, February 12, 2015 10:48 PM

The 419th District Court on February 4, 2015, rendered it's final order in the lawsuit filed by the Texas Association of Acupuncture and Oriental Medicine (TAAOM).  In January the TAAOM filed for a Summary Judgement.  The court DENIED TAAOMs motion.  Also in January the TBCE also filed a traditional motion for summary judgement.  The court granted the TBCE's motion "in all respects except as to attorney's fees."

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Legalities in Establishing a Multi-Disciplinary Practice
Written by Editor   
Wednesday, December 10, 2014 12:41 PM

Q: How can you add another provider type to your practice to provide additional services to patients and legally bill for those services under their license?

A: Multi-disciplinary practices are under scrutiny at the moment by CMS and State Boards. Prior to making commitments to adding other disciplines, practices are encouraged to obtain and review their state Medical Practice act and also their state Chiropractic Practice Act. This will help to create plans in determining what must/can/should/cannot be accomplished.

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TMA'S Top Ten List
Written by Editor   
Saturday, October 04, 2014 05:43 PM

Says the Texas Medical Association:  

The fields of engagement — the Texas Legislature, U.S. Congress, courts, state and federal bureaucracies — are many. The issues are all-encompassing. But TMA’s approach is clear. “Our government must make it easier — not more difficult — for us to care for our patients,” Dr. King continues in his welcome message.

Here’s our Top 10 List:

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