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Ten-Year Texas Battle Resolved in Favor of Chiropractic
By FCA Asst. General Counsel Kim Driggers   
Monday, 01 February 2021
On Friday, the Texas Supreme Court ruled in favor of the Texas Chiropractic Board and the Texas Chiropractic Association after a ten-year battle with the Texas Medical Association over whether chiropractors in the state of Texas may include the nervous system and brain, rather than the narrow focus of the spine, in their scope of practice.  TMA argued that any reference to nerves in the chiropractic scope of practice authorized chiropractors to diagnose any neurological condition, which TMA argued, was the practice of medicine.  The Court provided the necessary clarity in Texas, and perhaps throughout the United States, that the Board rule, “merely recognizes the reality that musculoskeletal dysfunctions cannot be diagnosed or treated without considering associated nerves.”  Id. at p. 23.  The Court went on to say, “Simply put, a healthcare provider cannot diagnose a problem without ruling out other potential causes of the problem.  In other words, making a differential diagnosis is an unavoidable part of making a diagnosis.  Virtually any problem that a chiropractor treats could potentially have a non-chiropractic source.”  Id. at 27.
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