TBCE Comments on TMA Lawsuit Summary Judgment Rulings
On May 11, 2006 the Texas Board of Chiropractic Examiners (acting in response to legislative mandate made in the Texas Chiropractic Act) adopted Rule 75.17 regarding the scope of practice for licensed doctors of chiropractic in Texas. Shortly thereafter, the Board was sued by the Texas Medical Association, which contended that the Board's Rule 75.17 allowed DCs to practice medicine. Specifically, the TMA challenged the right of chiropractors to perform Needle EMG, MUA and to diagnose. The Texas Medical Board later joined the suit on behalf of the TMA and the Texas Chiropractic Association joined on behalf of the Texas Board of Chiropractic Examiners.
On November 24, 2009 Judge Stephen Yelenosky (District Court #345) issued his rulings via Summary Judgment in which he found that Needle EMG and MUA are both outside the scope of practice for DCs in Texas, for different reasons. The judge issued a partial summary judgment in the TBCE's favor concerning diagnosis, with this issue to be settled later at trail after considering testimony.
The TCA also has remaining constitutional issues that have yet to be resolved.
The Board of Chiropractic Examiners will appeal the judge's adverse rulings on Needle EMG and MUA and our legal counsel has issued the following statement:
" The case of Texas Medical Association, et al. v. Texas Board of Chiropractic Examiners, et al. (hereinafter referred to as the TMA v. TBCE case) is pending in District Court in Austin. On November 24, 2009, the Court made a ruling on three of the pending issues involved. Basically, the Judge ruled on two of the issues that MUAs and needle EMGs are outside of the scope of Chiropractic practice as defined by the legislature in the statute. That raises the following question.
Question: What does the Judge's opinion on MUAs and needle EMGs mean? Do I have to cease doing them immediately?
There is nothing in the Judge's order that requires Chiropractors to immediately cease performing MUAs and needle EMGs. The decision is not final and enforceable. Accordingly, no action is presently planned by the staff of the TBCE to penalize Chiropractors who perform MUAs and needle EMGs until such time as a final order requires us to do so. However, we urge you to consult your private attorney about possible ramifications of performing these procedures including but not limited to possible actions by insurance companies based on this ruling.
As per the above, DCs are not required to stop performing MUA or Needle EMG at this point, as the legal decisions are not final.However, the Board urges each DC who performs these procedures to consult with his or her attorney concerning any possible legal implications of performing these procedures while the case is on appeal. The Board has no power to determine whether or not insurance companies will pay for the procedures while a final legal outcome is being determined.
You are strongly encouraged to watch the following video with attorney for the Texas Chiropractic Association, Jenneifer Riggs, who provides factual comments on the judge's rulings.
