Texas Chiropractic eSource

The Texas Chiropractic eSource is your connection to Texas Chiropractic news, updates and events and is emailed to members on a bi-weekly basis.

If there is news that you believe needs to be shared with the profession please send the news, or a link to the news to [email protected]

 
TBCE Amends Rules, Proposes Changes to Others
Written by Chris Dalrymple, DC   
Monday, September 24, 2018 04:31 PM

Regular quarterly meetings of the Texas Board of Chiropractic Examiners (TBCE) were held May 17, 2018 and August 16, 2018, in Austin.  The Board voted to adopt amendments to the following rules:

  • Rule 72.9The adopted amendment reflects 2017 Sunset Commission recommendation to remove limitation on thenumber of times an applicant can take the Board’sJurisprudence Exam, in order to achieve a passing score.

  • Rule 78.3The adopted amendment conforms the rule regarding “Individuals with Criminal Backgrounds” to the 2017Sunset legislation, SB 304, which dissolved the Board’s statutory requirement to register chiropractic facilities.

  • Rule 78.5The adopted amendment conforms the “Duty to Respond to Complaint and Request for Information or Records”to the 2017 Sunset legislation, SB 304, which dissolved theBoard’s statutory requirement to register chiropractic facilities.

  • Rule 78.7The adopted amendment conforms the rule regarding “Public Interest Information” to the 2017 Sunset legislation, SB 304, which dissolved the Board’s statutory requirement to register chiropractic facilities.

  • Rule 78.8The adopted amendment conforms the rule regarding “Complaint Procedures” to the 2017 Sunset legislation, SB 304, which dissolved the Board’s statutory requirement to register chiropractic facilities.

The Board voted to propose amendments to the following rules, which will be published here when posted in the Texas Register:

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TBCE Announces Disciplinary Actions
Written by Chris Dalrymple, DC   
Monday, September 24, 2018 04:09 PM

In their September 2018 issue of their newsletter, the Texas Board of Chiropractic Examiners (TBCE) reported that they had revoked four chiropractic licenses.  Two were revoked for felony convictions and two were revoked due to default on contested case hearings–one regarding failure to comply with a previous board order and one regarding sexual misconduct.

TBCE issued five cease and desist orders, four for practicing chiropractic without a license and one to cease and desist from using acupuncture until in full compliance with rule 78.14, which disciplinary action also included a two-year probated suspense, administrative fine of $3000, requirement to pass jurisprudence exam, and complete an office audit with the entire staff, for failure to use proper diligence, practicing outside scope of practice and failing to maintain patient records. 

Of the remaining two cease and desist orders one also carried an administrative fine of $1000 for failure to renew license and practicing without a license, and a second also carried a $1000 for practicing without a license.

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Texas Board of Chiropractic Examiners Update
Written by Chris Dalrymple, DC   
Monday, September 24, 2018 04:01 PM

Within the next several months, the TBCE reports that they will be launching a new database for licensees that will allow them to access a profile of their license expiration date, continuing education, and more.  We'll share more information as it becomes available.

The TBCE recognized Board members Dr. Karen Campion, Kenya Woodruff, and Dr. Amy Gonzales at the August TBCE meeting for their dedicated and longtime service to the board and state of Texas.

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A Chiropractic Solution for the Opioids Epidemic
Written by Craig Benton, DC   
Friday, September 21, 2018 01:54 PM

The Texas Chiropractic Association has a huge fight on its hands and lives are at stake in this fight. It’s a fight against the opioid crisis occurring in Texas and across the country. An estimate from the National Institute on Drug Abuse reported 49,068 deaths involving opioids in 2017. That means, on average, more than 130 people die each day in the U.S. due to opioid abuse and overdose. Chiropractic care is part of the solution to the opioid crisis and millions of Americans are counting on us. 

I recently had the honor to represent this profession before the Texas Senate Health and Human Services Committee and the Texas House Select Committee on Opioids and Substance Abuse. At these hearings, most witnesses testified about potential treatments for opioid addiction. While this is noble work, we must get out in front of this epidemic and divert people from being prescribed opioids in the first place. This is where chiropractic can shine. Sadly, despite current research in pain management being on chiropractic’s side, it seems many still don’t see us as part of the solution. 

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ACA CALLS FOR NOMINATIONS
Written by Editor   
Wednesday, September 12, 2018 04:25 PM

A MESSAGE FROM ACA PRESIDENT DR. RAY TUCK

The American Chiropractic Association (ACA) is now accepting nominations for two open seats on its Board of Governors. Since implementing historic changes last year that modernized our governance structure, ACA is better equipped to leverage the knowledge and talents of our members to help chart the course for the association’s future. It is also our goal to add greater transparency to our governance process by informing you and other organizations and individuals in the profession of opportunities to lead with ACA.

To be considered for one of these two available board seats, a candidate is required to be an ACA member in continuous good standing with the association for at least two years immediately preceding the election, hold an active chiropractic license in the chiropractic profession, and be current in all financial obligations to ACA.

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F4CP Upcoming Webinar, Sep. 27, 2018
Written by Editor   
Wednesday, September 12, 2018 04:16 PM

September is designated as Drug-Free Pain Management Awareness Month -- a time to build increased awareness of chiropractic care as a first-line, drug-free pain management approach.  Register for the following upcoming educational webinars, brought to you through the generous support of F4CP Corporate Sponsors.

The Modern, Wellness-Based New Patient Orientation: The BRF (Better Results Faster) Class

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Hospitals and Their Captive Insurance Companies Making Millions
Written by Editor   
Wednesday, September 12, 2018 03:35 PM

While hospitals seek to maintain an image of service and trust, many are investing large sums in the Cayman Islands and illegally profiting.  For example, three prominent New York City hospitals continue to make about $64 million this year off a revamped version of an insurance maneuver that New York regulators last year characterized as a hidden scheme to funnel hundreds of millions of dollars back to the hospitals.

New York's state Department of Financial Services, or DFS, found that the professional liability insurer Hospitals Insurance Co. illegally kept secret the fact that its offshore captive insurance company soaked up more than $160 million in premium payments that yielded more than $200 million in investment income over a two-decade period, all while avoiding domestic regulation.

Despite the violations, which came to light in 2017,  the latest financial filings indicate the hospitals have kept a version of the operation running.  The hospitals involved obtain supplemental medical malpractice insurance through the state of New York. But they effectively devised a way to convert that coverage into cash through a series of reinsurance transactions that funneled the money to their Cayman Islands-based captive insurance company at the heart of the scheme. They used the money to obtain cheaper insurance and pay dividends, according to the settlement agreement.

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TBCE Proposes Amendment to Change of Address Notifications
Written by Editor   
Monday, September 10, 2018 11:23 AM

The Texas Board of Chiropractic Examiners (Board) proposes amendments to 22 TAC §75.1 (Notification and Change of Address) to clarify contact information a licensee provides to the Board, and to make the deadlines for submitting changes to that contact information uniform. 

If adopted as proposed, the new rule would read:

§75.1.Notification of Change of Address, Electronic Mail Address, and Telephone Number.

(a) A licensee shall maintain a current physical home and business address with the Board. Additional mailing addresses may be providedA licensee shall notify the Board in writing of a change within 30 days. The notification shall clearly identify the licensee, the address to be changed, the license number.

(b) A licensee shall maintain a current telephone number with the Board. A licensee shall notify the Board in writing of a change within 30 days. The notification must identify the licensee and include the license number.

(c) A licensee shall maintain a current electronic mail address with the Board. A licensee shall notify the Board in writing of change of electronic mail address within 30 days. The notification must identify the licensee and include the license number.

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TCA Unveils New Mission, Vision and Values Statement
Written by Editor   
Friday, September 07, 2018 02:42 PM

The TCA Board of Directors voted at last month’s 2018 Summer Leadership Conference in San Antonio to update its mission, vision and values statements. TCA’s leadership strongly believes they better reflect what TCA is about as well as the association’s current direction and we hope you agree.

Mission Statement

The Texas Chiropractic Association supports, protects and advances doctors of chiropractic in the state of Texas. We serve the chiropractic profession with a never-ending spirit of dedication and commitment by expanding public access to chiropractic care.

Vision Statement

To be the premier organization in the state of Texas for the protection and advancement of the chiropractic profession.

Values

C    Commitment   Of service to doctors of chiropractic.
H   Health                Promote healthy living in Texas.   
   Integrity             Committed service to all chiropractors equally.
R    Respect             To one another without prejudice.
O   Optimism           We will maintain a positive and optimistic attitude with every obstacle we encounter.

Thank you for being a TCA member and supporting our efforts to advance chiropractic in Texas! 

 
TCA and F4CP Promote September as National Drug-Free Pain Management Awareness Month with a Billboard in Austin
Written by Editor   
Tuesday, September 04, 2018 12:29 PM

TCA and the Foundation for Chiropractic Progress (F4CP) have partnered to place a billboard in for the month of September promoting National Drug-Free Pain Management Awareness Month. Located in Austin on I-35 South, the billboard with the TCA logo and the message: “Back Pain? See Your Chiropractor.” Thanks to the generosity of TCA District 8 chiropractors, we have extended the billboard through October. 

September 2018 has been designated as National Drug-Free Pain Management Awareness Month: an opportunity to raise public awareness about the dangers of prescription and over the counter (OTC) pain medications and to educate and inform consumers, managed care, state legislators and patient referral sources on non- pharmacologic options, such as chiropractic care, to safely and effectively relieve acute, subacute and as appropriate, chronic pain.

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Disaster & Document Preparedness
Written by Editor   
Monday, September 03, 2018 07:50 PM

It is time once again to consider preparing for potential disaster. During a natural disaster we do everything we can to mitigate loss. We might board our homes and businesses, lay sandbag barriers, or saturate our properties with water when threatened by fires. But, do we consider what to do about our sensitive documentation in times of distress?

When putting together a disaster preparedness plan, many overlook document safety, leaving us vulnerable to possible privacy breaches caused by floods, wildfires, tornadoes, earthquakes, or other disasters.

Disaster plans should not only include a disaster kit and an evacuation plan, but they should also incorporate a process for dealing with personal information. The following are tips for businesses and individuals on how to properly prepare:

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Medicare Slow to Boot Physicians with State Sanctions
Written by Editor   
Monday, September 03, 2018 07:27 PM

Medical Physicians who land in hot water with state regulators have a helping hand when it comes to keeping their practices running:  The federal government.

At least 216 remained on Medicare payment rolls in 2015 despite surrendering a license, having one revoked, or being excluded from state-paid healthcare rolls in the previous five years this report found.  In all, they were paid $25.8 million by taxpayers in 2015 alone.

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Get Your Practice Ready for 2019
Written by Editor   
Monday, September 03, 2018 07:16 PM

Is your practice ready for 2019? Here are some tips to help make the upcoming year successful.

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All In?
Written by Chris Dalrymple D.C., F.I.C.C.   
Sunday, August 26, 2018 05:02 PM

Adapted from a Facebook posting

Medicare. Why are we continually asked to donate money at the national level.  We are focused more on Texas Chiropractic aren’t we?  Well, a recent Facebook posting by a chiropratic leader fully explains what’s going on and why it’s important that we all rally behind the support of congressmen as well as state legislators, especially when it comes to the issue of Medicare, a federal issue.

Medicare currently defines “for the purposes of Open Payments, physician is any of the following types of professionals that are legally authorized by the state to practice, regardless of whether they are Medicare, Medicaid, or Children’s health Insurance Program (CHIP) providers:  Doctors of Medicine or Osteopathic Medicine; Doctors of Dental Medicine or Dental Surgery;  Doctors of Podiatric Medicine; Doctors of Optometry; Chiropractors.  Note: Medical residents are excluded from the definition of physicians for the purpose of this program.”

While it would seem to imply that anyone with an active license in one of these three fields is a physician under Medicare, this intrepretation is not applied to doctors of chiropractic.   Says Medicare.gov: “Medicare Part B (Medical Insurance) covers manual manipulation of the spine if medically necessary to correct a subluxation when provided by a chiropractor or other qualified provider.”  It further notes that “Medicare doesn’t cover other services or tests ordered by a chiropractor, including X-rays, massage therapy, and acupuncture” and that “you pay all costs for other services or tests ordered by your chiropractor (including X-rays, massage therapy, and acupuncture).

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$110 Million Recovered for Texas in Medicaid Fraud Settlements
Written by Editor   
Saturday, August 25, 2018 12:00 AM

Texas Attorney General Ken Paxton today announced that pharmaceutical giant AstraZeneca agreed to pay $110 million to the state of Texas to settle lawsuits alleging that the company falsely and misleadingly marketed two of its drugs in violation of the Texas Medicaid Fraud Prevention Act.

AstraZeneca was accused of engaging in false and misleading marketing schemes at a time when the company was under the strict obligations of a 2010 federal “corporate integrity agreement” resulting from prior allegations of Medicaid fraud. The federal agreement prohibited Astra Zeneca from promoting its antipsychotic medication Seroquel and cholesterol-lowering statin drug Crestor for uses not approved by the FDA, but Texas alleged the company continued to do so anyway. Such illegal pharmaceutical promotion is commonly referred to as “off-label marketing.”

AstraZeneca allegedly promoted its powerful and potentially dangerous antipsychotic drug to Texas Medicaid providers, who primarily treated children and adolescents when those drugs were not approved as safe and effective for use in that vulnerable population. Attorney General Paxton’s office accused AstraZeneca of making hundreds of thousands of dollars in illegal payments to two former state hospital doctors to unduly influence the use of Seroquel in the state hospital system.

The company was also accused of a similar nationwide marketing fraud scheme involving Crestor, including allegations that AstraZeneca executed a plan of deception targeted directly at Texas Medicaid to expand the use of the statin beyond what the science supported, while downplaying a significant risk of diabetes in certain patients.

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Texas Wins Multistate Obamacare Tax Lawsuit, Recoups Over $839 Million
Written by Editor   
Thursday, August 23, 2018 05:25 PM

Attorney General Ken Paxton commended a U.S. District Court decision ordering the Internal Revenue Service to repay Texas and five other states more than $839 million because of an unlawful Obamacare tax on state Medicaid programs. Of that total amount, Texas stands to be repaid $304,730,608.

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ICA Calls for the Immediate Withdrawal of Blue Cross Blue Shield of Illinois’ “Choose Wisely” X-Ray Limitations
Written by Editor   
Thursday, August 23, 2018 04:48 PM

The International Chiropractors Association (ICA) has called for Blue Cross Blue Shield (BCBS) of Illinois to withdraw a portion of its coverage standards derived from the "choose wisely" guidelines.

The coverage standards listed under Diagnostic Imaging Services state that "The purpose of diagnostic imaging is to gain diagnostic information regarding the patient in terms of diagnosis, prognosis, and therapy planning. Required standards for each imaging study must meet the following four standards:

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Move 4 Life Highlighted for National Chiropractic Health Month
Written by Editor   
Thursday, August 23, 2018 04:43 PM

The American Chiropractic Association (ACA) and its members will encourage the public to move more – to “Move 4 Life” – during National Chiropractic Health Month 2018 (NCHM) this October. Movement is essential to overall health as well as preventing back pain, so as part of this year’s campaign chiropractors will share tips on staying active and maintaining muscle strength and joint flexibility.

Research shows that movement is vitally important, especially as we get older. Physical activity not only helps reduce the risk of cardiovascular disease, Type 2 diabetes and even some cancers, it also strengthens our bones and muscles. As we age, the health of our bones and muscles -- known as our musculoskeletal system -- is key to reducing the frequency and severity of common conditions such as back pain as well as preventing falls and other injuries that can lead to disability. For these reasons, it’s essential to move now, to move later…to move for life…to stay healthy and strong, active and engaged.

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Spread the Word About TCA Membership
Written by Andrea Howard   
Thursday, August 23, 2018 09:52 AM

August is TCA Membership Month and it’s the perfect time to say thank you to our members. It’s your dedication to TCA and your love of  chiropractic that makes TCA what we are today. We appreciate you!

But we can always be bigger and better, right? Only a quarter of the licensed chiropractors in Texas are TCA members. There’s clearly room for growth and it starts with you.

As Chair of the TCA Membership Committee, I have a favor to ask. The next month or so is going to be a busy one for TCA, with lots of TCA Tour of Texas events and district meetings. Of course, we expect to see you there, but we also want you to bring a guest with you, preferably a fellow DC. TCA is an inclusive organization for ALL chiropractors, regardless of your philosophy or the way you practice, and EVERYONE is welcome!

What makes TCA special is the camaraderie. We’re trying to build a stronger, more engaged community. It helps us to be better informed, get input from our members and be prepared to spring into action when there’s important work to be done, like during the 2019 Texas Legislative Session.

So, let’s invite our colleagues to join the party. Let’s make phone calls, drop by offices, send emails, reach out on Facebook, etc. We’re all pretty busy, but membership takes work and it’s worth the effort.

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Diets Should Stress Healthy Foods, Not Diversity
Written by Chris G. Dalrymple D.C., F.I.C.C.   
Sunday, August 19, 2018 09:28 PM

A diverse diet may not be best for weight loss, according to a science advisory from the American Heart Association (AHA).  

Opposing the long-standing belief that a diverse diet is necessary for proper nutrition, the AHA highlighted observational research that instead suggests that a diverse diet may lead to a greater intake of highly processed foods, refined grains, and sugar-sweetened beverages, leading to weight gain and obesity.

In the same vein, aiming for a diverse diet — rather than a healthy, high-quality diet — may also lead to less consumption of minimally processed foods, such as vegetables, fruits, and fish.

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Orthopedics Diplomate Course Returns to Dallas This Fall
Written by Editor   
Friday, August 17, 2018 08:42 AM

The Texas Chiropractic Association, in partnership with the Texas Council of Chiropractic Orthopedists (TCCO) and the University of Bridgeport, is excited to offer two more Diplomate, Academy of Chiropractic Orthopedists (DACO) courses in the Dallas-Fort Worth metroplex this fall.

Designed specifically for practicing chiropractors, Bridgeport University’s Neuromusculoskeletal Post-Graduate Program and the related DACO Diplomate will give you the credentials necessary to become a valuable member of a primary healthcare team.

Whether your goal is to earn the DACO or simply to complete valuable CE hours, don’t miss the opportunity to be among the pioneers of this revolutionary change in delivering holistic healthcare by completing the DACO program in Texas!

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September Drug-Free Pain Management Month
Written by Dr. Chris Dalrymple   
Thursday, July 19, 2018 10:59 AM

A resolution supporting the ending opioid abuse and advancing utilization of drug-free chiropractic care has been introduced by the Foundation for Chiropractic Progress (F4CP) for use during Drug-Free Pain Management Month in September. 

The resolution points out that prescription opioid use and abuse leads to addiction and catastrophic outcomes.  This has become a national crisis becoming the leading cause of injury death in the United States.  It notes that in just 17 years it has resulted in more than three times the U.S. military deaths during the twenty years of the Vietnam War, killing more than 350,000 people.

It notes that 115 people per day are lost due to opioid overdoses and more than forty thousand people died from opioid overdoses in the U.S. in 2016.  Further it notes that the newest estimates on the cost of opioid abuse to U.S. employers is estimated at $18 billion in sick days, lost productivity and medical expenses, and that prescription opioids are often recommended for low back, neck, and musculoskeletal pain management.

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