September 2006

Texas MDs allege DCs practice outside their scope;
TCA responds

The Texas Medical Association (TMA) has filed suit in Travis County against the Texas Board of Chiropractic Examiners (TBCE), alleging that Texas chiropractors may be practicing outside their scope of practice.

The suit says that certain doctors of chiropractic illegally perform needle electromyography (EMG), and manipulation under anesthesia (MUA). TMA also claims that Texas law prohibits chiropractors from diagnosing physical diseases or disorders.

“This lawsuit is without merit,” states Wade Brandt, DC, president of the Texas Chiropractic Association (TCA). “Chiropractors have been performing needle EMG and MUA for two decades without complaints or a single malpractice case. Further, DCs have been diagnosing patients for a century.”

In a press release, TMA said, “A chiropractor is not a medical doctor, and a state agency has no legal authority to blur the line between them.” (Note: The suit is against the chiropractic board — not against TCA.)

Brandon Brock, DC, coordinator of TCA’s Department of Scientific Affairs states, “Our doctors who choose to utilize EMG or MUA are highly educated in all aspects of the procedures. This training includes much more than simple procedural instruction. Items such as patient selection, anatomy and physiology, safety, interpretation of results, and management of complications are all a standard part of training.”

Regarding the allegation that Texas law prohibits diagnosis, Brandt says, “In order to properly determine the appropriate treatment options for a patient, the problem must first be identified. This is achieved through a health history, an examination, and other procedures. This is the diagnostic process.

“Failure to perform this would be failing the patient. All chiropractors, and I emphasize all, receive diagnosis training during their chiropractic education.”

Brandt said, “The TCA is confident that the Board of Examiners has done its due- diligence and has accurately determined our scope of practice. TCA will closely monitor this case and we look forward to a favorable resolution.”

Sources: Texas Chiropractic Association, www.chirotexas.org; Texas Medical Association, www.texmed.org; Texas Medical Association vs. Texas Board of Chiropractic Examiners and Glenn Parker, executive director.

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