Chiropractic prevails in Texas acupuncture trial

A District Court in Travis County, Texas, sided with chiropractic in the case Texas Association of Acupuncture and Oriental Medicine (TAAOM) v. Texas Board of Chiropractic Examiners (TBCE).

In her decision, Judge Jan Soifer ruled in favor of TBCE, the defendant, and the Texas Chiropractic Association (TCA), an intervenor in the case, affirming TBCE’s rules regarding chiropractic acupuncture.

In this case, the plaintiff TAAOM, the association representing the acupuncturists, challenged TCBE, the state agency governing chiropractic, contending that chiropractors lacked the education and training to safely perform chiropractic acupuncture. As part of its arguments, TAAOM claimed that an acupuncture needle was “incisive” and attempted to have dry needling, a treatment technique used by physical therapists, physicians and chiropractors, banned.

But the judge’s ruling upheld the right to perform chiropractic acupuncture, a victory for the hundreds of Texas chiropractors with an acupuncture permit.

While TBCE was sued by TAAOM, TCA stepped in as an intervenor to protect the interests of the more than 6,900 chiropractors licensed in Texas.

“Today, chiropractic acupuncture remains in our scope of practice, as it should be,” said TCA President Ryan Bailey, DC, a chiropractor from Abilene. “Both TBCE and TCA were in agreement that the training required of chiropractors to use acupuncture needles is sufficient. Chiropractors are the leading experts in treating musculoskeletal conditions, and acupuncture is just one of the tools our doctors use to relieve pain and help their patients return to health.”

Bailey commended TBCE and Matt Wood of the Austin firm of Weisbart Springer Hayes, LLP, TCA’s legal counsel, for their outstanding defense, including the witnesses who testified in the trial.

“TCA is THE voice of Texas chiropractors, and our charge is to protect, preserve and promote chiropractic in Texas,” Bailey said. “I am extremely proud of the efforts of our team and our partners in the Texas chiropractic community. TCA achieved a milestone win in the Texas Supreme Court in 2021, protecting our right to treat nerve-related conditions. We can now add chiropractic acupuncture to our list of victories.”

While TCA is pleased with the court’s decision, the state chiropractic association expects TAAOM to appeal the ruling later this year.