What’s Going on in Texas?
Post by: Bob Jones Pivotal Health Solutions
I have served the Chiropractors of Texas for many years and as a Texas resident for many years, still have many dear friends and colleagues in Texas, so I still try to keep up with what is going on in Texas especially as it affects healthcare. For many years, Chiropractors in Texas have been practicing with a very limited and outdated practice act or law. The Texas Chiropractic Association announced prior to this last legislative session that TCA’s long term objective was “for Texas Chiropractors to be able to practice according to their level of education and training without discrimination”. In this past legislative session, for the first time in many years TCA was on the offense. TCA’s efforts were met by fierce opposition by the TMA, and in fact, TMA even accused Chiropractors of “putting the lives of Texans in danger”. In one of the largest legislative victories for Texas patients and Chiropractors in recent history, Senate Bill 7, was signed into law in July 2011. The language contained in Senate Bill 7 provides specific and strong anti-discrimination language and is a significant step in protecting patients’ rights.
Chiropractic patients played a vital role in the success of this legislation through the advocacy site www.mytexasdoctor.org. Like chirovoice.org (ACA’s advocacy site), mytexasdoctor.org was able to send important action updates to the public and provided a platform for the public to let their elected official know how important protecting their rights to choose their own doctor really was. Centered on the issue of protecting patients’ rights to choose, during the session over 17,000 emails were sent to Texas officials in Austin. On the website, patients and doctors are able to get updates, send a message to their elected officials, and even donate to help fund the cause.
What’s up with the lawsuit?
Over the years, it seems Texas always seems to be a “proving ground” or a “testing ground” whether it is in politics or in healthcare. For as long as I can remember (going on 25 years now) Chiropractors in Texas have been under attack by the Texas Medical Association or TMA. It is the opinion of many Texas residents that the TMA essentially wants to control all healthcare and all healthcare dollars in Texas. TMA considers medicine a “gatekeeper”. Several years ago, TMA filed a lawsuit against the Texas Board of Chiropractic Examiners (that the Texas Chiropractic Association joined) stating that manipulation under anesthesia (MUA) and needle EMG were outside the scope of practice for a Chiropractor to perform. TMA went on to say that only MD’s and DO’s were qualified under Texas law to provide a diagnosis and that Chiropractors were not qualified to provide a diagnosis. In August 2010, a judge ruled that he felt needle EMG and MUA were outside a Chiropractor’s scope of practice and that while he was certain Chiropractors were qualified to diagnose certain conditions, he was not sure to what extent. The TCA is vigorously and diligently appealing the judge’s decision on diagnosis along with the issues pertaining to MUA and that of EMG.
The appeals process is underway and verbal arguments will begin in September 2011. This is a VERY costly and time consuming process.
What is happening with the TBCE?
Meanwhile, the Texas Board of Chiropractic Examiners (TBCE), who also appealed MUA and EMG, began the process of writing rules that should address the judge’s concerns. Many Texas Chiropractors were of the opinion that the initial version of the rules would have “handcuffed” the profession, further limiting what Chiropractors can treat and/or diagnose. At a public hearing and board meeting in late July 2011, after receiving hundreds of public comments against the proposed rules, the TBCE agreed to work together with the public, the Chiropractors of Texas, TCA and many others in stakeholders meetings, in an effort to provide the public and licensees with the best rules possible (given the current statute). This process is expected to take place through the month of November 2011 at the very least.
The Fight Continues…
TMA filed an additional lawsuit earlier this year against TBCE. TMA and the Texas Medical Board has continued to submit comments to the TBCE challenging any rules regarding diagnosis, as TMA is of the opinion that only MD’s and DO’s are qualified to render a diagnosis. Following the appeals process, it is likely that the suit could go all the way to the Supreme Court. Although these battles are not always fought with money, the expenses of this type of battle are enormous. TCA has set up the “Chiropractic Defense Fund” to be used for necessary legal, legislative, and associated costs of defending the Chiropractic profession and its patients in Texas. Contributions of all sizes are needed from doctors, the public, and from various vendors. To contribute, go to http://www.chirotexas.org/donate. The public and entire Chiropractic profession should consider helping with this cause as it could effect patient care and the profession across the country.