News & Information
Round Two of TBCE Rules Changes
Written by Editor   
Monday, December 03, 2018 06:39 PM

The TBCE has submitted its second and smaller round of rule reorganization to the Texas Register.

22 Texas Administrative Code Section 75.1 (Notification of Change of Address, Electronic Mail Address, and Telephone Number), which was recently amended, will be transferred to 22 TAC Section 72.13 effective January 1, 2019. It will also be renamed to “Required Change of Address, Email Address, and Telephone.”

Additionally, 22 TAC Chapter 82 (General Regulatory Provisions) has been renamed to “Internal Board Procedures” effective immediately. 

Read more...
 
Chiropractic's New Acupuncture Rule
Written by Editor   
Monday, December 03, 2018 07:43 AM

The new acupuncture rule adopted by the Texas Board of Chiropractic Examiners (TBCE) goes into effect December 5, 2018.

The TBCE reports here the board adopts the new rule to replace its previous acupuncture rule in order to promote a clearer understanding of the requirements for the practice of acupuncture as performed by doctors of chiropractic.

The rule also delineates the differences between the way chiropractors practice acupuncture and the way that of other Texas health professions do. The new rule clarifies the degree of regulatory oversight the Board exercises over the practice of acupuncture to safeguard the public while not imposing unnecessary economic burdens on either chiropractors who offer the acupuncture modality or on consumers.

Read more...
 
President's Message, November 2018
Written by Editor   
Friday, November 30, 2018 03:50 PM

Two years ago, Team TCA, on the heels of a lopsided defeat in the Travis County District Court in the TMA vs. TBCE/TCA (VONT) law suit, stormed back for a big win in the 85th Texas Legislative Session. In addition to surviving our review by the Sunset Advisory Commission, we paved the way for the signing into law of several pro-chiropractic bills, including affirming our right to diagnose. It felt like winning the Super Bowl.

Now it’s a brand new season and our record is 0-1. Last week, the Third Court of Appeals in Austin delivered a humbling decision in our appeal in the VONT lawsuit. Check out the Court’s ruling and TCA’s initial response

While diagnosis was upheld, the Court ruled unfavorably on VONT and the inclusion of “nerve” or “neuro” in the Texas Board of Chiropractic Examiners’ definitions of subluxation complex and musculoskeletal system. The Court partially voided TBCE’s current definitions of "musculoskeletal system" and "subluxation complex,” which currently include the words "nerve" or "neuro." The Court also ruled that Vestibulo-Ocular-Nystagmus testing (VONT) is outside the scope of practice for chiropractors.

This is a setback that TCA simply won’t accept. TCA and TBCE legal counsel have filed a joint petition to the Third Court of Appeals requesting a reconsideration of its decision. We are considering all legal options – including taking our case all the way to the Texas Supreme Court. Our members – and your patients – are too important and we will not concede defeat.

It’s obvious that a legislative solution is necessary and TCA will pursue one during the 86th Texas Legislative Session, which kicks off in January. That’s where you need to take the field. Prepare to be drafted!

Read more...
 
TCA Statement on VONT Appeal
Monday, November 26, 2018 12:26 PM

As some of you may already be aware, the Third Court of Appeals in Austin rendered its opinion in the ongoing TMA vs. TBCE/TCA (VONT) case. TCA's analysis of the decision is still ongoing, but we’d like to share some initial observations. Here is a link the Court's ruling: https://bit.ly/2qXBt2v

While the Court ruled favorably on the issue of diagnosis, it ruled unfavorably on VONT and the inclusion of "nerve" or "neuro" in the Texas Board of Chiropractic Examiners' definitions of subluxation complex and musculoskeletal system. In summary, this ruling partially voids TBCE's current definitions of "musculoskeletal system" and "subluxation complex,” which currently include the words "nerve" or "neuro." The Court also ruled that Vestibulo-Ocular-Nystagmus testing (VONT) is outside the scope of practice for chiropractors.

The Court addressed the practical effect of removing "nerve" and "neuro" from TBCE’s definitions by stating that, even without those terms, the rule “comprehended and allowed for consideration of and effect on nerves“ and would not “jeopardize patient care.” Thus, the Court's ruling suggests that the removal of these terms is legally necessary, but does not eliminate the clinical or functional consideration of nerves with respect to examination and treatment of muscloskeletal conditions or the subluxation complex. While the Court appears to have accepted TCA's and TBCE's arguments regarding the importance of nerves in clinical practice regarding the subluxation complex and musculoskeletal system, the Court ultimately concluded that the Texas Chiropractic Act, as it is written, does not support the Board’s definitions.

These issues are not finally resolved. In the meantime, TCA is working with legal counsel to determine the next steps. If necessary, TCA will appeal this ruling to the Texas Supreme Court. We will do whatever is required to prevent this decision from taking effect before the Texas Supreme Court has a chance to consider our appeal. We are committed to ensuring that your practice and patient care is not interrupted or affected.

Please stand with TCA as we push this profession forward. TCA stands committed to pursuing every legal remedy available to us to ensure that chiropractors in Texas can practice to the full extent of their education and training. That is the standard that best serves our patients.

Read more...
 
New Acupuncture Rule Effective on December 5th, 2018
Written by Editor   
Tuesday, November 20, 2018 03:05 PM

The Texas Board of Chiropractic Examiners adopted the new acupuncture rule with non-substantive changes at its November 8th meeting. The new rule and preamble were filed with the Texas Register on November 15. The rule will be published in the November 30th issue of the Texas Register. The new rule takes effect on December 5th, 2018.

78.14.Acupuncture.

Read more...
 
More Articles...
<< first < Prev 11 12 13 14 15 16 17 18 19 20 Next > last >>

Page 15 of 251