Scope of practice dispute can proceed, Texas court rules
NEWS IN BRIEF — Posted Jan. 5, 2009
A Texas appeals court gave the green light to state physicians' challenge to stop chiropractors from performing certain medical procedures.
Judges in a Nov. 26, 2008, decision ruled unanimously that the Texas Medical Assn. had the right to sue the Texas Board of Chiropractic Examiners over a board rule allowing chiropractors to perform spinal manipulation on patients under anesthesia. Physicians allege the regulation intrudes on the practice of medicine and violates a 2005 state law prohibiting any "surgical procedures" from the scope of chiropractic practice. The TMA filed the lawsuit jointly with the Texas Medical Board.
The chiropractic board said it is considering whether to appeal to the state Supreme Court. If not, the case will head to trial. The agency maintains it has complied with the legislative instructions and plans to defend the rule.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2009/01/05/prbf0105.htm.