News & Information
Introduced Legislation: HB 455, 460, 461
Written by Editor   
Sunday, December 09, 2018 08:44 PM

Some legislative bills are already being filed for the upcoming legislative session.  We will begin to report here on bills that may touch upon the chiropractic profession.

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TBCE Proposes Continuing Education Change
Written by Editor   
Sunday, December 09, 2018 06:53 PM

The Texas Board of Chiropractic Examiners (Board) proposes repealing Rule 73.1 (Continuing Education) and to replace it at the same time with an updated new rule regarding continuing education.

While much of the rule remains similar to its previous version, the new proposal now adds two definitions that are applied to “continuing education.”  

The first defines “live-format” courses as ”any educational course that is not pre-recorded and is presented in real time through an interactive medium such as a live webinar or at an in-person training event.”  

The second defines an “online course” as “any pre-recorded or live format educational course that is delivered through an internet-based platform. All online courses shall have the means to verify attendance through testing on the material presented or other approved format.”

And now, while  “the 16 hours of continuing education may be completed through any course or seminar elected by the licensee that has been approved by the Board,” another change is that “a licensee must attend any course designated as a ‘TBCE Required Course’ in a live format, and the course may be counted as part of the 16 hour requirement."

The new proposal would also limit licensees to “up to ten hours of online courses that are not live format."

The newly proposed Rule §73.1, Continuing Education reads:

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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. 

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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.

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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!

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