Jan/Jun 2010 Journal

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Texas Chiropractic Association Texas Journal of Chiropractic Volume XXIV, Issue 1 First Quarter 2010 WE’RE BACK! The Texas Journal of Chiropractic Returns! Chiropractic Communication Chiropractic Rules changes Contested Election

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First Quarter 2010 Texas Journal of Chiropractic reinstituted edition)

Transcript of Jan/Jun 2010 Journal

Texas Chiropractic Association

Texas Journal of Chiropractic

Volume XXIV, Issue 1 First Quarter 2010

WE’RE BACK!

The Texas Journal of Chiropractic Returns!

Chiropractic Communication

Chiropractic Rules changes

Contested Election

Texas Chiropractic Association

Texas Journal of ChiropracticVolume XXIV, Issue 1 First Quarter 2010

Texas Journal of ChiropracticThe Official Publication of

the Texas Chiropractic Association

1122 Colorado, Suite 307Austin, TX 78701

Phone: 512 477 9292Fax: 512 477 9296

E-mail: [email protected]

Executive OfficersPresident: Kevin Kanz D.C.

President Elect: Ed Fritsch D.C.Secretary: Jorge Garcia D.C.

TCA StaffExecutive Director: Patte Kent

Communications Director: Chris Dalrymple D.C.

Legislative Director: Chip Kent

Board of DirectorsDistrict 1!! Dan Petrowsky D.C.District 2!! Jon Blackwell D.C.District 3!! Jason Clemmons D.C.District 4!! Greg Carter D.C.District 5!! Dr. John Quinlan D.C.District 6!! Cody Chandler D.C.District 7!! David King D.C.District 8!! Robert Hoffman D.C.District 9!! Debra White D.C.District 10! Thimios Partalas D.C.District 11! Ed Kieke D.C.District 12! Yvonne Landavazo D.C.

PoliciesUnless otherwise identified, the use of “Dr.” refers to “Doctor of Chiropractic”.Annual subscription to the Texas Journal of Chiropractic is included in TCA membership dues. Contact the TCA for non-member subscription rates.

The Texas Journal of Chiropractic is published by the Texas Chiropractic Association.

Opinions expressed are those of the contributors and do not necessarily reflect the policy of the Texas Chiropractic Association or the Texas Journal of Chiropractic.

Featured in this Issue

Dr. Dan Murphy to Speak at Mid-Winter Conference5

Presidentʼs Message--Chiropractic Communication6

Just a Word From the Editor--The Journal Returns6

Insurance Should “Oversupply” Chiropractic7

Kind Words From the Executive Director9

Senator J. P. Word Passes Away10

TMA Sues Chiropractic: TMA vs. TBCE Lawsuit 11

TCA Secretary Race--Contested Election15

TBCE Reports19

Chiropractic Rules Changes26

Invest in Chiropractic29

Publication of an advertisement does not imply approval or endorsement by the Texas Chiropractic Association.

Copyright 2010 All Rights Reserved: Texas Chiropractic Association

The association shall have the absolute right at any time to reject any advertising for any reason.

For advertising rates contact the TCA Office. All advertising material must be in graphics ready format and submitted as a .pdf, .tiff .jpg, .jpeg, .gif, .swf, or .png file type.

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Dr. Dan Murphy at TCAʼs Mid-Winter

ConferenceDan Murphy D.C., will present the TCA Mid-Winter License Renewal seminar in Ft. Worth at the end of February. Sponsored by NutriWest of Texas, Dr. Murphy will present a program on Nutrition and Chiropract ic Pract ice, a r e v i e w o f t h e b a s i c chiropract ic neurological model.

D r . M u r p h y ʼ s t e a c h i n g objectives are:

• L e a r n t h e n e u r o - physiological difference between cell membrane fluidity v. stiffness.

• Learn the relationship between omega-6 v. omega-3 essential fatty acids.

• Rev iew the a r t i c les relating to essential fatty acids and joint function.

• Review recent articles relating to omega-3 fatty a c i d a n d a n t i - i nflammatory e f fec t ,

cardiovascular function, and brain function.

• L e a r n a b o u t t h e nutritional influences on immune system function. Learn about trans-fatty acids.

• Learn about excitotoxins and neurodegenerative

diseases and about free radicals,antioxidants, and micronutrients.

• Learn the anti-oxidant network to protect the d o u b l e b o n d s o f essential fatty acids.

5Texas Journal of Chiropractic

Call for Keeler Award NominationsEstablished in 1934 by Dr. Clyde Keeler, The Texas Chiropractic

Association’s award designating the Chiropractor of the year, The Keeler Plaque, is Texas Chiropractic’s most prestigious award.

Nominations for the Keeler Plaque should be sent to:

Curtis McCubbin D.C.Secretary, Keeler Plaque Committee

P. O. Box 272Hunt, Tx 78024

This year’s award will be presented June 12, 2010, in Austin, Texas, during the President’s Banquet of the TCA’s 95th Annual

Convention

All nominations will be held in strict confidence to assure that the recipient will be surprised when their name is announced.

A candidate shall be:

A member in good standing in the TCA

Of good moral character

A promoter of chiropractic advancement in at least one of the three years immediately proceeding the year in which the award is to be presented. Such advancement may be in research, public relations,

school participation, promotion or support.

The candidate’s main endeavor must be in the practice of chiropractic and must have promoted chiropractic throughout their career.

Civic, church or community involvement, individually or within organizations or groups, and holding offices in local, state or national

chiropractic organizations, chiropractic boards, and chiropractic college boards may also be considered.

Welcome to the Texas

Journal Of

ChiropracticBy: Kevin Kanz D.C.,

President

It is my distinct pleasure to welcome you to the return of t h e Te x a s J o u r n a l o f Chiropractic. The TCA board of directors is pleased to bring you return of the printed Journal. With the support of our advertisers this has been made possible. Thank you!

Dr. Chris Dalrymple, who served as editor-in-chief of the Journal for nearly a decade, has taken on the responsibility of creating the Journal. Bear with us while we get this project ironed out. Expect minor errors and glitches. It will take the production team a bit of time before all the bugs are shaken out. In the meanwhile I encourage you to enjoy the Journal and the information that we are now able to bring to you.

I also invite you to regularly check the TCA website and the online Journal which is linked to it. Here you will find up-to-the-minute news and information pertaining not only to chiropractic, but health care news in general, district news and information. We are developing a communications

system where we can all be aware of what is happening in and around the chiropractic profession. We invite you to participate, to enjoy, and to s u p p o r t t h e p r o f e s s i o n through your membership and/or contributions. It helps us to get the job done.

Just a Word

By: Chris Dalrymple D.C., F.I.C.C., Editor

I hope that you enjoy the return of the print version of t h e Te x a s J o u r n a l o f Chiropractic. The Texas Chiropractic Association has

had a printed newsletter or magazine for many decades. A b o u t f i v e y e a r s a g o , however, The TCA chose not to produce a regular print communication due to rising costs. The desire for print news was so strong, however, that the TCA began plans to restore the printed Journal on a limited basis. While we won’t be a monthly magazine will will provide a print Journal t o T C A m e m b e r s , a n d occasionally non-members, several times per year, as long as it is sound business to do so.

It was my honor and privilege to serve as the editor-in-chief for nearly a decade, I am doubly honored to be recalled to service to help to create TCA’s communication in the

Texas Journal of Chiropractic

Call for Nominations for Young Chiropractor of the Year

Established over half a century ago, this award is for the purpose of recognizing doctors who have shown

outstanding dedication and who have made long-lasting contributions to the profession and their community, and who are under 40 years of age at the time of the award’s

receipt. This year’s award will be presented June 12, 2010, in Austin,

Texas, during the President’s Banquet of the TCA’s 95th Annual Convention

Send nominations to 2009 recipient:

Thimios Partalas D.C.2425 Babcock Rd., Ste. 111

San Antonio, Tx 78229 or via email at [email protected].

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new millennium. I hope to accomplish five things in the coming years:

1. Help the TCA website at www.chirotexas.org become a useful tool for the public and for TCA members. This will be an ongo ing t ask and I welcome your assistance and suggestions.

2. Help the online Texas Journal of Chiropractic be a source of information that you turn to first to find out news about chiropractic. This tool is a very powerful web based news journal.

3. Publish a print Journal several times per year with important news. TCA non-members will NOT always receive the print Journal. We hope that you will find the information we communicate to be of such help that you will want to be a part of the TCA experience in the support of the chiropractic profession.

4. I have a few other ideas up my sleeve that will take some time to work up. So always keep checking the web sites. There wil l frequently be something new and better.

5. I w a n t t o i n c r e a s e communication through the internet. It is a most efficient and cost effective way for us to stay in touch. I have developed a simple members forum at the TCA website, and w e a r e w o r k i n g w i t h independent vendors to bring y o u a c o m m u n i c a t i o n s network that will be a superb internet communications tool.

What I ask of you now is to be patient and understanding as we work to take what we have now and work to make it better. Like our patients, results will not necessarily come instantly. Enjoy the news and information that we bring to you. If you have news or information that we need to share with others send it to us.

Above a l l I want these communication instruments to be for the betterment of all of chiropractic. I want these to b e c o m e y o u r d i s t r i c t newsletter, your district forum, a place where people of like interests within the profession of chiropractic may council together to promote their interests. These are your communications tools, and I hope that you will assist me by using them.

Our profession is our way of u s i n g o u r s k i l l s a n d knowledge to help others. I want us to become aware that we also need to use our skills and knowledge to help our profession. There are other people out there that are actively working to reduce your p ro fess ion , in to a meaningless occupation.

Communication, the effective exchange of ideas, is the ONLY way that people can protect, defend, and improve the i r g roup . Us ing and improving our communication for the betterment of the profession is our objective.

Let’s talk...

[email protected]

Insurance Should “Oversupply” Chiropractic

A quote from an article by R.P. Ellis, and T. G. McGuire in J o u r n a l o f H e a l t h Economics 26 (2007) 25-48 notes:

"At the other extreme are chiropractic care, gynecology, d e r m a t o l o g y , a n d ophthalmology/optometry, which are services plausibly associated with higher rates of use among rather healthy r a t h e r t h a n u n h e a l t h y M e d i c a r e b e n e fi c i a r i e s .  Chiropractic care is interesting in that it is the one provider specialty that is negatively c o r r e l a t e d w i t h c o n t e m p o r a n e o u s t o t a l spending....Our conceptual model suggests that it would be an attractive service for an HMO to oversupply in that people who use this service have (slightly) lower average spending on total health care."

Weʼve been trying to get this message across for decades.

7Texas Journal of Chiropractic

Check www.chirotexas.org and click on “Texas Journal of Chiropractic” to go to our online Journal!

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Kind WordsBy Patte Kent, Executive Director

If youʼve been a practicing Chiropractor in Texas for more than ten years, you know me; but, the newer Doctors wonʼt remember my days at the TBCE when I spoke openly and bluntly on behalf of the Chiropractic profession, even though my job was to be a regu la tor. So, le t me introduce myself. I serve as the executive director of the T e x a s C h i r o p r a c t i c Association, still working to defend this profession.

As some of you already know, I am enamored with people who make you laugh and who at the same time make you think; people like George Carlin.

I ran across these thoughts he wrote years ago---and having enjoyed it so much the first time I read it, I wanted to share it because it speaks to the heart. It is a good reminder that kind words are more productive than hateful rhetoric. So think about the kind words attr ibuted to George Carlin:

The paradox of our time in history is that we have taller buildings but shorter tempers; wider freeways, but narrower viewpoints. We spend more, but have less; we buy more, but enjoy less. We have bigger houses and smaller families; more conveniences, but less time. We have more degrees but less sense; more knowledge, but less judgment; more experts, yet more problems; more medicine, but less wellness.

We've learned how to make a living, but not a life. We've added years to life, not life to years. We've been all the way to the moon and back, but have trouble crossing the street to meet a new neighbor. We've done larger things, but not better things. We have multiplied our possessions, but reduced our values. We talk too much, love too seldom, and hate too often.

We've cleaned up the air, but polluted the soul. We've conquered the atom, but not our prejudice. We've learned to rush, but not to wait. We build more computers to hold more information, to produce

more copies than ever, but we communicate less and less.

These are the times of big men and small character, steep profits and shallow relationships. These are the days of two incomes but more divorce, fancier houses, but broken homes.  These ared a y s o f q u i c k t r i p s , d i s p o s a b l e d i a p e r s , throwaway morality, one night stands, overweight bodies, and pills that do everything from cheer, to quiet, to kill. Carlin suggests:

Remember, spend some time with your loved ones, because they are not going to be around forever.

Remember, say a kind word to someone who looks up to you in awe, because that little person soon will grow up and leave your side.

Remember, give a warm hug to the one next to you, because that is the only treasure you can give with your heart and it doesn't cost a cent.

Remember, say "I love you" to your loved ones, and mean it. A kiss and an embrace, when it comes from deep inside of you, will mend hurt.

Remember, hold hands and cherish the moment, someday that person will not be there.Give time to love, and give time to share the precious

9Texas Journal of Chiropractic

NOMINATIONS FOR FORD JOHNSTON

MEMORIAL AWARDNominate the person who best

represents service to the TCA to:

Jon Blackwell [email protected]

#7 Medical DriveAmarillo, TX 79106

806-358-3595

Continued page 10

thoughts in your mind, and always remember: Life is not measured by the number of breaths we take, but by the moments that take our breath away.

I encourage you to remember to be kind to one another.

Poorly Performing Health Providers

are NOT Chiropractors

The Texas Department of Insurance-Department of Wo r k e r s C o m p e n s a t i o n states:

"Of the 274 health care providers reviewed in the 2 0 0 9 P B O a s s e s s m e n t process, 4 had scores placing them in the high performer tier, 51 were in the average performer tier, and 219 had scores placing them in the poor performer tier."

Statistics from the 2008 Worke rs ’ Compensa t ion Network Report Card Results

note that the distribution of injured workers receiving professional services by provider type six months post injury are:

• Medical doctors treated 87% to 88%

• P h y s i c a l / o c c u p a t i o n a l therapists treated 22% to 39%

• Other providers treated 20% to 55%

• Osteopathic doctors treated 20% to 30%

• Chiropractic doctors treated 7% to 9%

T H E R E F O R E , i t i s n o t stat ist ical ly probable for doctors of Chiropractic to be the driving force behind the "poor performance tier."

Former TCA Executive Director

J.P. Word Passes Away

Former State Senator J. P. Word passed away at his home on October 12, 2009. Senator Word Served in the T e x a s S e n a t e f r o m 1963-1973.  He served in the capacity of lobbyist, legal c o u n s e l a n d e x e c u t i v e d i r e c t o r f o r t h e Te x a s Chiropractic Association for over a decade.

Dr. John Martin D.C. in the July 1998 issue of the Texas Journal of Chiropractic noted: When this tall, silver haired man enters a room, everybody turns to look.  They instantly recognize one of Texas' top political lobbyists

10 Texas Journal of Chiropractic

Texas Delegate Elected ACA OfficerOn Thursday, September 24, Dr. Cynthia Vaughn of Austin, TX was elected the Secretary of the ACA Council of Delegates. While this does not assure any future offices, this places Dr. Vaughn in the position of beginning to move through the ACA chairs and possibly becoming the first female president of the ACA.

DONATE TO THE TEXAS CHIROPRACTIC

LITIGATION FUND at www.chirotexas.org

Continued from page 9

and executive directors.  His quiet dignity, commanding presence and reputation for honesty has gained J.P. Word the respect that very few lobbyists can equal.  Most of us know h im as Texas Chiropractic Association's executive director and chief legislative council.  We are fortunate to have had him on our side for the past 19 years.

J.P. Word was born in Bosque County in the early 1930s, and attended high school in Meridian, Texas, where he played center on the football team and was captain during his senior year.  Following a tour of duty with the Army in K o r e a , h e r e t u r n e d t o Meridian and married his high school sweetheart, a beautiful young member of the pep squad, Bobbye Warren. 

J. P. left Meridian to attend college and after graduating, enrolled at Baylor Law School in Waco.  While he was a senior, he ran for County Judge in Meridian County and won before he graduated law school!  This started his political career.  In 1962, he was elected to the Texas Senate and served for the next ten years.  There he gained his reputation for honesty and integrity....  While in the Senate, he represented his constituents well and passed many p ieces o f legislation.  Two that were of the longest term impact on Te x a s w e r e t h e t u i t i o n Equalization Grants that gave all school districts equal funding and the Texas Marital

Property Act, which gives married women the right to manage and control their own businesses and property.

After serving as a legislator, Senator Word moved into consulting for various legal firms in Austin.  Then he was hired as director of the Consulting Engineers Council of Texas, the professional civil engineers.  He also worked as a consultant to the Texas Association of Taxpayers. 

In 1979, Senator Word was hired to assist the TCA in their l o b b y i n g e f f o r t t o g a i n passage of the insurance equality law that mandated that chiropractors would get paid by insurance companies equally.  without discrimination among providers because of their license.  This legislative a c t d i d m o r e t o h e l p chiropractors than any other, short of being licensed....The result was that more young p e o p l e c o u l d m a k e a respectable living as a D.C. and star ted chi ropract ic college. 

In July of 1991, the TCA hired J . P. as the i r fu l l t ime executive director following the death of H. Ford Johnson, TCA's previous executive director.  Three words sum up how we will remember J. P. Word--integrity, effectiveness, and honesty, you will be missed... 

TEXAS MEDICAL ASSOCIATION

SUES CHIROPRACTIC

Background On May 11, 2006 the TBCE (acting in response to a legislative mandate made in the 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 DC's to practice medicine. 

Their basic contention was that the rules of the TBCE regarding Manipulation Under A n e s t h e s i a ( M U A ) a n d Needle EMG (NEMG) were a v i o l a t i o n o f t h e Te x a s Constitution because it was a n i n f r i n g e m e n t o f t h e authority of the Texas Board of Medical Examiners. 

F u r t h e r , t h e M e d i c a l Association challenged the right of chiropractic doctors to "diagnose", opining that only medical doctors have the right to diagnose patients. 

The Texas Medical Board later joined the suit on behalf of the T M A a n d T h e T e x a s Chi ropract ic Associat ion joined on behalf of the TBCE.

11Continued page13

Texas Journal of Chiropractic

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A JUDGE MAY DECIDE WHAT, WHEN, AND HOW YOU ARE PERMITTED TO DIAGNOSE!

The Texas Medical Association again tries to limit the scope of practice of OTHER practitioners.

The TCA is helping to prepare for battle, and a litigation "war chest" is sought by the chiropractors of Texas.

The TCA website at www.chirotexas.org will update the profession.

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On November 23, 2009, the trial court held a hearing for “ s u m m a r y j u d g m e n t " regarding the validity of the Boardʼs rules on Needle EMG, on MUA, and on diagnosis. 

On November 24, 2009, Judge Stephen Yelenosky handed down his ruling that the Boardʼs rules regarding Needle EMG and MUA are invalid. The court stated, however, t h a t t h e B o a r d ʼ s r u l e s regarding “diagnosis” are valid with respect to those matters w i t h i n a d o c t o r o f c h i r o p r a c t i c ʼs s c o p e o f pract ice. The let ter that

accompan ied t he o rde r indicated that the trial court bel ieved that the Texas Legislature intended that MUA and Needle EMG are not within scope of practice for  a doctor of chiropractic.

As part of Judge Yelenosky's judgment he wri tes " the statute excludes surgical procedures from the practice of chiropractic, and it is undisputed that MUA is d e fi n e d a s a s u r g i c a l procedure."  He also reports that "Given the legislative ambiguity of the statutory language, the legislat ive history is pertinent.  The transcript of the debate in the legislature clearly reveals that the majority... intended to

p r o h i b i t t h e B o a r d o f Chiropractic from allowing any chiropractor to perform MUA." J u d g e Ye l e n o s k y a l s o "granted in part as to the Chiropractic Board's use of the word 'diagnosis' in its rule.  However, the court reserves judgment regarding as it relates to scope of practice."  Says the judge, "Turning to the Board's use of the word 'diagnosis' in its rules, the statutory language does not preclude it.  There is no statutory definition of the w o r d , a n d i t s o r d i n a r y meaning is the identification of the nature or cause of a cond i t i on , wh ich i s no t

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Continued from page 11

Texas Journal of Chiropractic

different substantially from 'evaluation' or 'analysis'.  The issue is not the word, but the scope of practice--diagnosis of what and for what purpose." Says Judge Yelenosky, "I am reserving judgment on TMA and TMB's claim that construing t h e s t a t u t e t o p e r m i t particular rules of diagnosis would impermissibly allow the TBCE to authorize the practice of medicine.  Expert testimony is pertinent to that question."

Discussion This ruling is not yet final and is subject to appeal.  If the summary judgment remains in e f f e c t t h e T B C E r u l e s pertaining to MUA and NEMG w i l l b e r e m o v e d a n d chiropractors will have no rule authorizing the use of MUA or NEMG.

The TBCE says: "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 B o a r d o f C h i r o p r a c t i c Examiners, et. al. (hereinafter referred to as the TMA vs. 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 MUA

and Needle EMG are outside of the scope of Chiropractic practice as defined by the legislature in the statute. That raises the following question:

...What does the judge's opinion of MUA and Needle EMG mean? Do I have to c e a s e d o i n g t h e m immediately?

There is nothing in the Judge's order that requires Chiropractors to immediately cease performing MUA's and Needle EMG's. The decision is not final and enforceable.

Accordingly, no action is presently planned by the staff of the TBCE to penalize DC's who perform MUA's and Needle EMG's until such time 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, DC's are n o t r e q u i r e d t o s t o p performing MUA or Needle EMG at this point, as the legal dec is ions are not fina l . However, the Board urges each DC who performs these procedures to consult with his or her attorney concerning any possible legal implications o f p e r f o r m i n g t h e s e procedures while this 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.”

  The TCA has constitutional claims that will be brought to trial before the court: Firstly there is a denial of due process issue, in that if the legislature intended to remove MUA and NEMG, they did so without due process in the form of a “grandfather” clause. Secondly, the delegation of authority to "legislate" to the federal government in the form of the Centers for Med ica re and Med ica id Services, which in turn has adopted the CPT manual (a manual regulated by the med ica l p ro fess ion ) , i s unconstitutional "in that it is a delegation to a private party and a delegation without standards." There are not sufficient standards to prevent the abuse of the legislative authority, for with just a "reclassification" by the AMA whole scopes of practice may be affected.  It appears that t h e Te x a s l e g i s l a t u r e

14 Texas Journal of Chiropractic

Contribute to the Litigation Fund at

www.chirotexas.org

Continued from page 13

abdicated its responsibility to define practice limitations by referring this decision to ano the r sou rce w i thou t i n c o r p o r a t i n g s u f fi c i e n t s t anda rds t o a l l ow t he legislature to be able to exert its legislative control. Thirdly, while the legislature  may define the procedures acceptable to be practiced by limited scope of practice practitioners, the legislature c a n n o t a d o p t d i f f e r i n g definitions of a word and apply it selectively.  It may not adopt a definition of “surgery” that applies differently to similarly situated health care providers.  If NEMG is surgery and prohibited to chiropractic doctors, then it is also surgery and prohibited to physical therapists, and to nurses as well.  The TMA claims that the Texas Constitution prohibits anyone other than medical doctors from “diagnosing” medical conditions. 

Potential It appears that Texas is the first state to encounter this po ten t i a l scope - l im i t i ng delegat ion of legis lat ive authority to the AMA.  The outcome of this litigation will have an effect on other states as well.

This Summary Judgement is NOT final and will not BE final until all avenues of appeal have been exhausted.   

This specific Judgement applies only to the TBCE's rules regarding MUA and NEMG.  Should the rules be finally upheld to be void, it basically means that the chiropractic application of MUA or NEMG would be "at risk" and challengeable.  BUT it should also mean that neither could PTs or nurses per form e i ther o f these services. 

  Any of the multiple parties could appeal any decision of the judge which could take one- to -severa l years to resolve, therefore this battle is FAR from over, and in fact is just beginning.   The battle for "diagnosis" is a bit more murky.  It is possible that the Medical Association may attempt to try to have the c o u r t , r a t h e r t h a n t h e l e g i s l a t u r e , e s t a b l i s h diagnostic limitations. The trial on the constitutional claims in this case was scheduled for January 19, 2010 but has been postponed until April.  The trial may

proceed as scheduled, or a continuance (a delay) still may be granted to a later date. 

Election for Office of TCA Secretary to be Contested

For the first time in seven years the election for the office of TCA Secretary will be a contested election. 

Earlier in the administrative year Dr. Jack Albracht (Distr ict 2; Past State Director, Current Scientific Affairs Dept. Coordinator) announced his candidacy for the office of TCA Secretary.

On January 28, 2010, Dr. Max Vige (Distr ict 11,  Vice Director) announced that he was seeking nomination to the office of TCA Secretary.

District ElectionsThe TCA Policy Manual in section 12.4 states that "The district at a duly noted district election meeting elects a state director. Elections for State D i r e c t o r s s h a l l b e scheduled in the even numbered districts in the even numbered years, and those in the odd numbered districts shall be elected in the odd numbered years….The TCA board must ratify the election of a state director."

15Texas Journal of Chiropractic

“The issue is not the word, but the scope of practice...” --Judge Yelenosky

Continued page 17

TCA District Two 

Is PROUD to submit our hardworking member

Dr. Jack AlbrachtDoctor of Chiropractic

for

 TCA SecretaryWe encourage your support and invite you to

Vote For

Dr. Jack Albracht

!

Max Vige, D.C. For TCA Secretary

Leader. Experienced. Proven. Distinguished. Recognized.

Right Choice!

!!

Dr. John (Jack) S. Albracht, D.C., of Pampa, Texas, wasborn October 20, 1961, in Amaril lo, TX. Graduating Parker College of Chiropractic in 1989, he married Jana Lee Spratt and is the father of three daughters and one son.

He has served as Past President of the St. Vincent School Board, and is a past board member of the Pampa Rotary Club, the United Way, the Knights of Columbus, and h i s l o c a l c h a m b e r o f commerce.

A member of the TCA since 1989, and also of the ACA, Dr. Albracht is a Past Governor of the Upper Cervical Council of the TCA, and served as State Director of District 2 from 2002 to 2007. Currently he is the Coordinator of the TCA Scientific Affairs Department.

A member of the Parker College of Chiropractic Alumni Association, he is a Fellow of the International Academy of Clinical Acupuncture, and has his Certification from the Spine Research Institute of San Diego.

Dr. Vige, D.C. of League City, Texas is a native of Eunice, LA where, while playing high school footbal l , he was introduced to Chiropractic through an injury. He is a 2002 graduate of Texas Chiropractic College. Dr. Vige and his wife, Melyssa, have one son.

He has served as chair of various organizations within his community including Toastmasters, Rotary, and Lions Club.

A TCA member and an ACA member, Dr. Vige has served as President/vice director of District 11 (Houston area) since 2003, and the TCA PAC Committee since 2008.

Dr. Vige holds certification in acupuncture and Graston Technique. He has received several community awards for service within his community organizations. At the TCA Convention in June 2010, as Secretary one of these candidates will join the executive committee of the TCA  to make up a 2 0 1 0 / 2 0 1 1  T C A  a d m i n i s t r a t i o n o f :  President,  Dr. Ed  Fritsch

(District 11), and President-Elect , Dr. Jorge Garc ia (District 12).

T C A m e m b e r s i n g o o d standing as of January 31 will have a ballot mailed to them w i t h a s p e c i a l r e t u r n envelope.

Ballots must be  postmarked by March 31, 2010, to be v a l i d .  T h e T C A parliamentarian will determine ballot validity, open, and count the ballots at the TCA offices during the first part of April.  The parliamentarian will notify the TCA president, who will notify the candidates of the election results.

Too Few Primary Care Physicians in TexasAdvocacy groups say the number of pr imary care physicians in Texas isn't keeping pace with the state's

18

Dr. Jack Albracht Dr. Max Vige

Continued from page 15

Texas Journal of Chiropractic

growing population, with rural areas taking the hardest hit.

Accord ing to the Texas Department of State Health Service, there are twenty-seven Texas counties that have no doctor at all, many of them in West Texas or along the border with Mexico, Some residents must travel across counties to find basic medical care.

The CEO o f the Texas A c a d e m y o f F a m i l y Physicians notes that the state's high birth rate and the influx of new residents from other states also come as about one in four Texas residents goes without health insurance.

T h e A u s t i n A m e r i c a n -Statesman reported that the problem is not confined to rural areas. "In Texas, 114 of the 254 counties, including urban count ies such as Dallas, have been designated by the federal government as primary-care shortage areas because they have fewer than one primary-care doctor per 3,500 people."

To encourage doctors to practice in underserved areas, Texas lawmakers this year enhanced the state's medical s c h o o l l o a n r e p a y m e n t program. The amount of money available to each doctor was increased from $45,000 over five years to $160,000 over four years.

TBCE Reports on Accident

Solicitation LawT h e T e x a s B o a r d o f Ch i r op rac t i c Exam ine rs reports that "It is now illegal for chiropractors and certain other professionals to contact v i c t ims o f acc iden ts o r disasters or the relatives of those victims before the 31st day after the event."

Says the the TBCE "...the 81st Legislature amended the Texas Penal Code to prohibit people in certain professions or occupations or their agents from contacting accident or disaster victims before a certain amount of time has elapsed.  Effective September 1, 2009, it is illegal for a doctor of chiropractic or anyone acting on the doctors behalf to contact an individual who is a victim of an accident or a disaster before the 31st day after the date on which the accident or disaster occurred. It is also illegal to contact a relative of the injured person before the 31st day after that date."

The TBCE also says that "Doctors of chiropractic, their employees, or their agents who violate the prohibition against contacting accident or disaster vict ims or their families before the 31st day after the accident or event may be subject to discipline by the Texas Board o f

19

VOTE

Dr. Jack Albracht

Chiropractorfor

TCA Secretary

Dr. Kevin RaefDoctor of Chiropractic

Encourages you to consider that with the

challenges now imposed upon our

profession, we need an executive officer with EXPERIENCE.

As an experienced TCA member,

Past President & Keeler Award

Winner

I can recommend Dr. Albracht. He has the experience that our profession needs.

VOTE FORDr. Jack Albracht

Continued on page 20

Texas Journal of Chiropractic

Chiropractic Examiners and to prosecution by local and state law enforcement officials."

In general, all chiropractors who engage in telemarketing directly, through their staffs or outside parties must abide by the following requirements:

• Do not make any false, fraudulent, misleading, or unfair statements or claims. 

• Do not promise successful treatment of any injuries or conditions.

• Do not offer or describe services that are not within the scope of practice of chiropractors in Texas.

• Licensees and facilities engaging in telemarketing shall not misrepresent to the p e r s o n c a l l e d a n y a s s o c i a t i o n w i t h a n insurance company, or another DC, chiropractic group or facility.

• Licensees, facilities or their a g e n t s e n g a g i n g i n telemarketing must identify themselves at the start of each call to inform the person being called who they are and what DC or clinic they represent.

• You must keep a copy of e a c h s c r i p t u s e d i n telemarketing and you must keep a log of all individuals called, including the date, telephone number and the name of each person called; copies of the scripts and logs must be kept for a minimum of two years.

• If you use a testimonial, a copy of the testimonial signed by the person or g r o u p p r o v i d i n g t h e testimony must be kept for a minimum of two years from the date the testimony was published.

• Licensees and clinics must c l ea r l y d i f f e ren t i a te a chiropractic clinic, office or

faci l i ty form any other business enterprise in any f o r m o f p u b l i c communication.

• Licensees must identify themselves as either "doctor of chiropractic", "DC", or "Chiropractor" in all forms of public communication.

Why Do You Think They Call Them

“Dangerous Drugs"?

USA Today reported in a story reported in the online T e x a s J o u r n a l o f Chiropractic that "addiction to prescription painkillers — which k i l l thousands o f Americans a year — has b e c o m e a l a r g e l y unrecogn ized ep idemic , e x p e r t s s a y . I n f a c t , prescription drugs cause most of the more than 26,000 fatal overdoses each year, says Leonard Paulozzi of the Centers for Disease Control and Prevention….The number of overdose deaths from opioid painkillers...more than tripled from 1999 to 2006, to 13,800 deaths that year, according to CDC statistics..."

An interesting twist reported by the article is that "in the past, most overdoses were due to illegal narcotics, such as heroin, with most deaths in b i g c i t i e s . P resc r i p t i on p a i n k i l l e r s h a v e n o w s u r p a s s e d h e r o i n a n d cocaine, however, as the l e a d i n g c a u s e o f f a t a l

20

TCA Annual ConventionJune 10-12, 2010

Sheraton Austin Hotel, Austin, TX.701 E. 11th Street (78701)

512-478-1111Watch www.chirotexas.org and your e-mail for more information

Texas Journal of Chiropractic

Continued from page 19

Continued on page 23

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For solid, experienced leadership

VOTE FORJack Albracht D.C.

TCA District One 

Endorses and Supports

Dr. Jack Albracht

of District Two for

 TCA Secretary 

Hard working - ExperiencedHe has served as State Director representing his district on the board

He is highly aware of the issues our profession faces.

He currently serves as a Department Coordinator. 

He is a dedicated Team Player for TCA and the chiropractic profession.

overdoses, Paulozzi says. A n d t h e r a t e o f f a t a l overdoses is now about as high in rural areas — 7.8 deaths per 100,000 people — as in cities, where the rate is 7.9 deaths per 100,000 people, according to a paper he published last year in Pharmacoepidemiology and Drug Safety."

"Experts say it's easy to see why so many Americans are abusing painkillers. There are lots of the drugs around, and they're relatively easy to get...more are asking for pain rel ief to cope with joint problems, back pain and other ailments" the article notes. Further, "the rise in fatal overdoses almost exactly parallels a corresponding rise in prescript ion painki l ler sales."

The article notes that "there are many reasons why the public — and even doctors — don't realize the seriousness of the problem [including that] many people underestimate how lethal painkillers can be, assuming tha t any th ing prescribed by a doctor must be safe."

In Texas, Section 483.001 defines what constitutes such p resc r i p t i on med i c i nes : "'Dangerous drug' means a device or a drug that is unsafe for self-medication…” Now folks, WHY do you think that they call them dangerous drugs?

Report on TBCE Enforcement Committee

The Enforcement Committee o f t h e Te x a s B o a r d o f Ch i r op rac t i c Exam ine rs (TBCE) met on Tuesday, October 20, 2009.  The Open Meetings, Open Records Act insures that the meetings of the TBCE and its committees are open to the public, and T C A m e m b e r s a r e encouraged to attend these meetings when they can, so t h a t t h e y m a y b e t t e r understand the workings of the state regulatory agency.

A number of cases were reviewed by the Enforcement Committee (EC); most dealt with persons who have not renewed their chiropractic license or who have not registered their clinics.  TCA reminds chiropractic doctors and facility owners to insure that their license to practice chiropractic AND their facility registrations are current.  Don't forget that you must post your license and clinic registration in a place visible to persons entering your office.

Several of the chiropractic doctors who had  been scheduled to appear for the committee did not attend.  The TCA would remind you that if a complaint is filed against you, you must respond to a complaint that is sent to you b y t h e T B C E .  I f t h e en fo r cemen t commi t t ee deems it necessary for you to appear before them to provide additional information, you are strongly encouraged to attend t h a t h e a r i n g , b r i n g a l l pertinent documentation with regard to the complaint and secure an attorney to attend the meeting with you.

The TBCE has adopted new rules which have changed some of the requirements for practice in Texas. Among these changes are new rules pertaining to documentation.  You are encouraged to check out the www.tbce.state.tx.us web site and see rule 75.2 and 80.5.

Your records are the evidence that must be presented in your behalf if a complaint is filed against you.  Be sure that those records are legible, are compliant with the TBCE rules and provide your best defense aga inst an unwarranted complaint. 

The Committee met again on Tuesday, January 12, 2010. The f irst case observed involved a practitioner of several decades. A complaint had been filed regarding

23Texas Journal of Chiropractic

Continued from page 11

Continued page 24

some rea l o r imag ined business infraction, but in the process of reviewing the case it was noted that some of the forms utilized contained the p h r a s e “ r e s u l t i n g i n u n p r e c e d e n t e d l i f e t i m e benefits."

The committee is considering whether this violates the prohibition of Sec. 201.502. "(a) The board may refuse to a d m i t a p e r s o n t o examinations and may revoke or suspend a license or place a license holder on probation for a period determined by the board for:...(11) advertising professional superiority, or advertising the performance of professional services in a superior manner, i f that advertising is not readily subject to verification..."

The committee has not yet made its determination and this instance may, or may not, be an instance of "advertising superiority", but the point to t a k e a w a y l a d i e s a n d gentlemen is that you need to be very careful in what you advertise.

You also need to remember that "advertisement" does not merely refer to that which you pay for; it extends to that which you profess, that which you declare openly. I guess, to paraphrase a well known S u p r e m e C o u r t admonishment--"what you say can and may be used against you..." Be ready to defend what you profess.

The next case observed involved an allegation that a massage therapist working for a chiropractor had "caused" an inguinal hernia. Leaving aside the particulars of the case, the issue at work here was miscommunication on the part of all parties involved. The patient did not clearly c o m m u n i c a t e w i t h t h e therapist, the therapist did not clearly communicate with the doctor, the doctor did not clearly communicate with the patient, and the patient did not communicate effectively with his doctor. The result is likely to be a malpractice suit against the parties involved, but the point to take away from this case is "work to communicate effectively". Make sure that all staff, doctors, and patients are communicating clearly and effectively with one another. Ask questions, seek solutions, seek to be of assistance. Miscommunication could lead to undesired consequences.

The final case demonstrates the need for answering the license renewal and facility registration application in a truthful and accurate manner.

A doctor who was dealing with issues arising from a less than amicable divorce ended up as an involuntary accessory to a c r ime. He incor rec t l y a n s w e r e d a q u e s t i o n pertaining to his legal status which resulted in a violation.

The moral of this case is take your answers to the renewal

questions SERIOUSLY. Don't just go through the motions, a n s w e r t h e q u e s t i o n s accurately, and truthfully.

TBCE and Documentation

The TBCE points out that "Board Rule 75.2 says that it is a lack of proper diligence for a DC to fail '...to assess and evaluate a patient's s t a t u s . . . ' R u l e 8 0 . 5 . . i n p a r a g r a p h ( f ) s t a t e s : Licensees shall maintain patient and billing records in a manner consistent with the protection and welfare of the patient. A licensee's patient records shall support all diagnoses, treatments, and bill ing. Records shall be timely, dated, accurate, signed or initialed by the licensee or t h e p e r s o n p r o v i d i n g t r ea tmen t , and l eg ib l e . Electronic signatures are acceptable."

TBCE states: "It should be possible for any qualified doctor of chiropractic to review the patient files and documentation of another DC's patient and have a r e a s o n a b l y c l e a r understanding of the treating DC's assessment or diagnosis of the patient, the course of treatment decided on by the t rea t ing DC, the ac tua l treatment provided (when, what, how much, by whom) and the outcome of that treatment. It should also be possible to clearly track the charges for treatment back to

24

Continued from page 23

Texas Journal of Chiropractic

t h e a c t u a l t r e a t m e n t documented in the patient's files."

Chiropractic Specialties

T h e T e x a s B o a r d o f Chiropractic Examiners in its August 2009 Newslet ter reports that that new rule 71.13 now allows for the recognition of chiropractic specialty areas.

Says the TBCE, "It was and is the Board's intention to simply officially recognize that certain a r e a s o f p r a c t i c e a r e l e g i t i m a t e c h i r o p r a c t i c specialty areas. The Board bel ieves that i ts off ic ia l recognit ion of legit imate chiropractic specialties will s u p p o r t t h e g e n e r a l a c c e p t a n c e o f t h o s e specialities by the public and o t h e r i n t e r e s t e d parties....Most, if not all, specialty areas will already have a national organization o r b o a r d t h a t c o n f e r s diplomate status on qualified individuals. To date, the Board has received and a p p r o v e d s p e c i a l t y recognition for chiropractic radiology and chiropractic orthopedics. An application is pending for the recognition of chiropractic acupuncture as a specialty area."

"At this time, if you have a diplomate in radiology or orthopedics, you may use the t e r m s " s p e c i a l t y " o r " s p e c i a l i z i n g " i n y o u r advertisements and other public communications," says the TBCE.

Anyone may submi t an application to the TBCE for recognition of a chiropractic specialty. Check rule 71.13 for more information and check the TBCE website under forms and downloads for the appropriate form.

25Texas Journal of Chiropractic

TCA District Four  Endorses and Supports

Dr. Jack AlbrachtDoctor of Chiropractic

for TCA Secretary

Having served as state director for District two, and TCA Department

Coordinator, and his experience on civic boards, Dr. Albracht is very

aware of the issues currently facing our profession. He is a dedicated team player for the TCA and the

chiropractic profession.

District Four notes that for solid, experienced leadership

VOTE FORDr. Jack Albracht

DONATE TO THE LITIGATION FUND at www.chirotexas.org

The High Cost of Insurance Premiums

"The Whi te House kept i n s u r a n c e c o m p a n i e s squarely in its sights...by releasing research showing t h a t h e a l t h i n s u r a n c e premiums have risen far faster than inflation in every U.S. state. U.S. states have experienced premium growth of 90 percent to nearly 150 percent in the past decade, while wages have risen 38 percent and inflation by 28 percent, the report by the Whi te House 's Nat iona l Economic Council said."

"In every state, premiums have increased faster than wages and in every state, family budgets are consumed by an increasing share of

healthcare premiums," the report said.

"Vice President Joe Biden was...noted that premiums in Alaska increased 145 percent in 10 years while wages grew 35 percent, and in Florida premiums rose 121 percent while wages increased 43 percent. He said Michigan had the smallest gap, 37 percent."

'As of 2008 ... fewer than half of states required a full review when insurers wanted to increase premiums at the state level,'”

TBCE New Rules & Changes

T h e T e x a s B o a r d o f Chiropractic Examiners has p r o p o s e d a n d a d o p t e d several rules changes since last summer. These include:

71.17 TEMPORARY FACULTY LICENSEThis "sets forth proposed requirements for issuing and renewing temporary faculty licenses to qualified faculty m e m b e r s a t T e x a s Chiropractic College and P a r k e r C o l l e g e o f Chiropractic."

RULE 75.17 SCOPE OF PRACTICEThis "updates language concerning the use of lasers to allow the use of 'therapeutic lasers' for the treatment of conditions within the scope of practice for DCs."

The TBCE "adopted five (5) new rules and also adopted amendments to three (3) existing rules."

26 Texas Journal of Chiropractic

As an experienced TCA member, Legislative Coordinator, Past President, & Keeler Award

winner

Mike Martin D.C.Encourages you to

VOTE FOR

Jack Albracht D.C.Texas Chiropractic Association Secretary

www.chirotexas.org click on “Texas Journal

of Chiropractic”

RULE 75.19 CEASE AND DESIST ORDERS

On August 16 2008, "the Boa rd de lega ted t o i t s Enforcement Committee the right to issue Cease and Desist Orders on behalf of the Board. If the Enforcement Committee determines that a p e r s o n i s p r a c t i c i n g chiropractic without a license, the Committee may--after notifying the person and giving him/her the opportunity for a hearing--order that person to stop engaging in that activity." Says the TBCE "delegating this responsibility t o t h e E n f o r c e m e n t Committee allows the agency to take action quicker against people who are practicing chiropractic without a license."

RULE 80.11 CODE OF ETHICSOn August 16, 2008, the Board adopted new rule 80.11. "This rule encourages chiropractors to practice with a high level of ethics to enable patients to make informed c h o i c e s a b o u t t h e i r chiropractic treatment, consult w i t h o t h e r h e a l t h c a r e professionals as appropriate, s e r v e p a t i e n t s w i t h o u t discrimination, help others in t h e p r o f e s s i o n a c q u i r e knowledge, and to maintain high standards of scholarship, education, training and in the dissemination of accurate and complete information."

RULE 80.5 MAINTENANCE OF CHIROPRACTIC RECORDSOn August 16, 2008, the Board amended Rule 80.5 to read:

“(f) Licensees shall maintain patient and billing records in a manner consistent with the protection and welfare of the patient. A licensee's patient records shall support all diagnoses, treatments, and bill ing. Records shall be timely, dated, accurate, signed or initialed by the licensee or t h e p e r s o n p r o v i d i n g t r ea tmen t , and l eg ib l e . Electronic signatures are acceptable.”

Says the TBCE, "Notice that the patient's records shall s u p p o r t a l l d i a g n o s i s , treatments, and billing. They must also be signed by the l i censee o r t he pe rson providing the treatment.

Failure to properly document the diagnosis, treatment and billing for each patient is a significant shortcoming for many chiropractors in Texas."

RULE 75.17 SCOPE OF PRACTICEOn May 14, 2009, the Board amended rule 75.17 to state " i n o r d e r t o p r o v i d e therapeutic care for a patient o r p a t i e n t p o p u l a t i o n , licensees are authorized to use...(O) manipulation under anesthesia..."

RULE 75.21 ACUPUNCTUREOn May 4, 2009, the board adopted new rule 75.21 to "establish the requirements

27Texas Journal of Chiropractic

Continued page 28

that must be met by any licensed DC in Texas who wishes to include acupuncture i n h i s / h e r c h i r o p r a c t i c practice."

In summary, DCs licensed BEFORE January 1, 2010, must meet any ONE of the following requirements:

1. Complete 100 hour course in acupuncture provided by a chiropractic college, or by an acupuncture school that is approved by the Texas Board of Acupuncture Examiners.

2. Successfully complete the acupuncture examination of the National Board of Chiropractic Examiners (NBCE)

3. Successfully complete the examination offered by the Na t i ona l Ce r t i f i ca t i on C o m m i s s i o n f o r Acupuncture and Oriental Medicine.

4. Documen t t r a i n ing i n acupuncture and "have b e e n p r a c t i c i n g acupuncture for at least the past ten (10) years."

5. Successfully complete at l e a s t 1 0 0 h o u r s i n acupuncture training in a course approved by the Board.

All NEW Texas DCs licensed AFTER January 1, 2010, "must successfully complete either the NBCE acupuncture e x a m i n a t i o n o r t h e examination offered by the

N a t i o n a l C e r t i f i c a t i o n Commission for Acupuncture and Oriental Medicine."

RULE 71.15 RECOGNIZED SPECIALTIESOn August 13, 2009, the Board adopted new rule 71.15

to "contain a listing of those areas of chiropractic practice that the Board has officially r e c o g n i z e d a s b e i n g a l e g i t i m a t e c h i r o p r a c t i c specialty field of practice. Recognition of a chiropractic speciality by the Board is a

28

VOTE FOR Chiropractic Doctor

Dr. Jack Albrachtfor

TCA Secretary

With the legislative and litigative challenges our profession is facing, we need an executive

officer with EXPERIENCE.

As an experienced TCA member, Legislative Coordinator, Past

President, & Keeler Award winner

Dale White D.C.Encourages you to

VOTE FORDr. Jack Albracht

He has the experience that our profession needs.

Continued from page 27

Texas Journal of Chiropractic

multi-step process in which t h e B o a r d r e v i e w s a n application from a recognized organization that represents the specialty area."

RULE 76.21 EXTENSIONS OF TIMEOn August 13, 2009, the Board adopted new Rule 76.21 which delegates to the TBCE executive director "the authority to enter into certain agreements on behalf of the Board for the purpose of expediting matters between the agency and the State Off ice o f Admin is t ra t ive Hearings (SOAH).

RULE 75.7 REQUIRED FEES AND CHANGESOn August 13, 2009, the board adopted changes to this rule "to adopt fees for issuing and renewing temporary faculty licenses for qualified faculty at Texas Chiropractic college and Parker College of Chiropractic..." The Board also adopted an increase in fees for approving continuing education courses, but did not increase any licensing fees.

TCA ENCOURAGES YOU THE CHECK THE TBCE W E B S I T E F O R T H E SPECIFIC DETAILS YOU NEED.

Invest in Chiropractic

By: Chip Kent, Legislative Coordinator

Are you a member of the TCA? As a TCA doctor? As an affiliate member? As a Friend of Chiropractic?

The TCA fights for the rights of all Doctors of Chiropractic, members and non-members. We work to advance and defend this great profession b e c a u s e w e k n o w t h a t C h i r o p r a c t i c m a k e s a difference in the lives of its patients and its practitioners.

Recen t l y, t he TCA has intervened in a legal case brought by the Texas Medical Association (TMA) against the Texas Board of Chiropractic Examiners (TBCE). This case will have an impact upon ALL chiropractic doctors in Texas, not just TCA members, or non-members. We need the s u p p o r t o f A L L Te x a s Chiropractic Doctors, to help in prevailing in this lawsuit.

To ensure that YOU, doctor, can serve your patient’s needs to the fullest extent of your education, training and experience, the TCA spends huge amounts of money on

member services, research, c o n t i n u i n g e d u c a t i o n , lobby ing, l i t igat ion, and political contributions every year.

The Bottom Line is If you hold a Texas license, the TCA is protecting and advancing the profession on your behalf. We sure would appreciate your help in the ongoing s t r u g g l e t o k e e p t h e chiropractic profession from being eliminated altogether. That very thing has almost happened on more than several occasions in the life of this profession, and as this T M A v s T B M E l a w s u i t demonstrates, our medical counterparts would do away with us if they had their way.

TCA membership dues are more than jus t ano ther business expense. Our staff has put together numerous member benefits including a comprehens ive member websi te, a campaign of constant communication with our membership, an online Journal websi te, annual events designed to bring the p r o f e s s i o n t o g e t h e r , significant discounts on goods and services, and many others. These benefits, and the successful outcome of TCA actions, make your m e m b e r s h i p d u e s a n investment in the chiropractic profession. The greater the number of investors, the greater an impact we may have. It sure seems to work

29Texas Journal of Chiropractic

Continued page 30

DONATE TO THE TEXAS CHIROPRACTIC

LITIGATION FUND at

www.chirotexas.org

for the other large medical/insurance/financial industries!

Here are some action steps that I would recommend:

JOIN NOW : We cannot continue to f ight all the Insurance carriers, educate the public, and bring you services without having a strong membership. Visit www.chirotexas.org and apply today to join the TCA. Your investment in the chiropractic profession, along with the investment of many others, can help to insure the future of your profession, and your membership dues can be e a s i l y o f f s e t w i t h o u r discounts and services, and possible tax deductions.

C O N T R I B U T E : V i s i t www.chirotexas.org/donate and give money to the PAC for our work on your behalf in the halls of government, or to the Litigation Fund for our work in the courts. We need money right now for both lawsuits and political efforts.

Your patients choose to see you because they believe in your abilities and they believe in Chiropractic. NOW IS THE

TIME FOR YOU TO MAKE A CHOICE. Will you choose to invest in and support your profession by joining the TCA? The TCA is the single largest advocate in Texas for t h e p r o f e s s i o n o f Chiropractic--PERIOD. Our dollars and hard work yield huge results year in and year out. Your investment in the chiropractic profession will return to you many benefits; some of them immediately tang ib le , many o f them i n t a n g i b l e b u t j u s t a s important.

Please join with us and participate in making the chiropractic profession better. Help to insure the future of your profession.

✯✯✯

30 Texas Journal of Chiropractic

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