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Texas Medical Association Sues Board of Chiropractic Examiners

Kingston Personal Injury Attorney

The Texas Medical Association (TMA) has filed a lawsuit against the Texas Board of Chiropractic Examiners (TBCE) seeking a court order to prevent chiropractors from performing certain medical acts. Specifically, TMA is seeking to prevent Texas chiropractors from performing manipulation under anesthesia, needle electromyogram tests, and from diagnosing medical conditions.

TMA has already achieved two of its three goals. After a recent trial, the court issued an order prohibiting chiropractors from performing manipulation under anesthesia and electromyogram tests. Some in the chiropractic community hold the position that chiropractors are not legally forbidden from conducting the procedures as long as the legal proceedings continue. The proceedings continue because trial on the third issue, whether chiropractors can diagnose medical conditions, is set for August 2010.

TMA has made its motivations clear by arguing that chiropractors have expanded their practice of medicine to the point where the health and safety of the public is at risk. TMA has the backing of the American Medical Association, which formed the Scope of Practice Partnership. The partnership’s goal is to protect patients from the unauthorized practice of medicine.

According to the lawsuit, chiropractors are contributing to the dangers inherent in the unauthorized practice of medicine by performing manipulation under anesthesia, electromyogram tests, and making diagnoses. It remains to be seen how the courts will rule as to chiropractors making diagnoses.