Texas Chiropractors Standing their
Ground on Battle Over Right to Diagnose
On Wednesday, July 7, 2010, two matters were heard in the TMA (Texas Medical Association) v. TBCE (Texas Board of Chiropractic Examiners) lawsuit. In the first matter, the TMA (Texas Medical Association) and the TMB (Texas Medical Board) questioned the TCA’s (Texas Chiropractic Associations) “standing” to be a party in the suit – they claimed Doctors of Chiropractic have no legal interest in the position taken by the Texas Medical Board under its act about what constitutes the unauthorized practice of medicine. TCA responded with legal argument and testimony on all the reasons why Doctors of Chiropractic would be significantly affected by the outcome in this lawsuit, including being threatened with criminal action, civil action, TBCE discipline, and potentially being shut down if diagnosis is ruled to be exclusive to medical doctors. TCA presented testimony on all of the ways in which the profession and the public would be harmed by the position being taken by the TMA and TMB. The TMA and TMB backed off from any claim that TCA cannot defend the TBCE scope of practice rule. The Judge has yet to rule on the TCA’s standing to challenge the Texas Medical Board’s statute.
The second motion was the TMA’s and TMB’s motion to strike TCA’s request for a jury trial. After extensive argument, the Judge directed the parties to submit questions of law regarding diagnosis to him in a process of cross-briefing that will not be complete for a month. The Judge indicated that, once all the legal questions are resolved, if a disputed question of fact remains, he would not deprive TCA of a jury trial. He did not expressly rule on the motion to strike.
TBCE and TCA attorneys, including appellate attorney former Texas Supreme Court Justice Tom Phillips, felt that the proceeding was productive and not unfavorable.
Source: Texas Chiropractic Association
www.chirotexas.org
WFC Rio Congress Seminars Prove Popular
Within the first two weeks of online registration being open there have been over 50 registrations for the World Federation of Chiropractic’s 11th Biennial Congress to be held April 6 – 9, 2011 in Rio de Janeiro, Brazil.
“This time we have everything – an exciting city and venue and an outstanding academic and social program” says newly elected WFC President Dr. Mike Flynn of Houma, Louisiana.
A main reason for early registrations is an excellent selection of Pre-Congress Technique Seminars available at the one time only price of US $60.00. This includes a 3-day ART Spine Certification Course donated and taught by ART developer Dr. Mike Leahy.
The ART course is for Latin American chiropractors and students only. Open to all are Pre-Congress Seminars in Activator Methods (2 days – Dr. Arlan Fuhr), Kinesiology Taping (1 day – Dr. Kevin Jardine), McKenzie Methods (2 days – Dr. Gary Jacob) and Pediatrics (2 days – Dr. Elise Hewitt). However numbers are limited to 50 each. All details are at
www.wfc.org/congress2011.
NBCE Releases Practice Analysis of 2010
The Practice Analysis of Chiropractic 2010 has been released by the National Board of Chiropractic Examiners (NBCE), which is a report that summarizes the practice of chiropractic in the United States based on the responses of approximately 2,400 full-time chiropractors from all 50 states and the District of Columbia. Survey respondents reported information regarding their practices and professional responsibilities, then rated the level of risk to a patient’s health or safety when specific professional functions were poorly performed or omitted. The practice analysis reports are used extensively to inform and educate state licensing boards, associations, legislators, and insurance companies on the practice patterns of full-time chiropractors. Access the analysis online at www.nbce.org to download a pdf, or order a hard copy.
Dr. Terry R. Yochum Inducted Into Prestigious Chiropractic “Hall Of Honor”
At National University Of Health Sciences
On June 12, 2010, Dr. Terry R. Yochum and the late Dr. Gordon Holman were inducted to the Hall of Honor at the National University of Health Sciences in Lombard, Illinois. The Hall of Honor award was instituted in 1999 and is given to those learned individuals who have made a significant impact on the profession of Chiropractic in the United States and worldwide. There have been only twenty inductees into this Hall of Honor since its inception. This is the highest honor that could be rendered by National. Portraits of each inductee line the main corridor of Janse Hall at the National University of Health Sciences. Congratulations, Dr. Yochum, on this well deserved award.