TCA Motion for Reconsideration Filed in VONT Case
Written by Editor   
Thursday, December 13, 2018 10:15 AM

On Wednesday, December 12, TCA filed a motion for reconsideration with the Third Court of Appeals in Austin in the TMA vs. TBCE/TCA (VONT) appeal. In its decision, the Court struck down the Texas Board of Chiropractic Examiners’ definition of the subluxation complex, faulting TBCE for calling it “a neuromusculoskeletal condition.” However, TCA believes the Court did not analyze whether “subluxation complex” – a freestanding part of the Texas Chiropractic Act – might include some element of nerves. TCA also contends that TBCE’s definition is the only correct definition of the subluxation complex and that it accurately reflects the core concept of chiropractic. TCA believes the Court should have separately analyzed the term “subluxation complex” instead of lumping it together with “musculoskeletal system” and that the subluxation complex—even with a role for nerves—is not the practice of neurology.

The Court’s decision, (available online at https://bit.ly/2qXBt2v) which included unfavorable rulings against VONT (Vestibular-Ocular-Nystagmus testing) and the TBCE's rules regarding “nerve” and “neuro,” could have profound implications for thousands of licensed chiropractors in Texas. YOUR state association will continue to fight for the rights of Texas chiropractors and your patients. TCA will keep you updated on the progress of the appeal and the next steps in the process. Stay tuned for updates on this page and in other TCA communications.

As we prepare for our case to possibly reach the Texas Supreme Court, TCA is seeking a legislative fix to the nerve/neuro issue during the 86th Texas Legislative Session. We’ll be leaning on you in the coming weeks, so pay attention! In the meantime, plan to join us for TCA Legislative Day on Valentine’s Day, February 14, in Austin – the biggest day of the year for our profession. Register now at www.chirotexas.org/tca-legislative-day.