DCs for Diagnosing -- The Constitutional Challenge to DCs' Right to Diagnose
Host: Keith Pendleton, JD, ProviderLAW Corporation
For Direct Access to This Page -- www.DCs4Diagnosing.org
Welcome to DCs for Diagnosing -- The Constitutional Challenge to DCs' Right to Diagnose
If you are reading this page, it's most likely because you've recently heard that the Texas Medical Association (TMA) – a founding member of the AMA-led coalition, "Scope of Practice Partnership" (SOPP) – is challenging the right of Texas DCs to diagnose under the Texas Constitution.
The purpose of this project will be to serve as a landing page for the latest articles, resources, and developments on the diagnosis challenge.
You can access this page directly via www.dcs4diagnosing.org.
Resources posted in chronological order.
A Constitutional Challenge to DCs Diagnosing -- What It Means for Health Care
Keith Pendleton, JD
Updated: 3:30 p.m. ET, Mon., April 26 2010
In January, 2006, the American Medical Association (AMA) announced an industry consortium known as the “Scope of Practice Partnership” (SOPP). The consortium was originally formed by the AMA, along with 6 national medical specialty societies and 6 state medical associations, including the Texas Medical Association (TMA). As part of its formation, the original members of SOPP agreed that they needed to begin reigning in the scope of practices of various professions, the chiropractic profession included.…. Click here to learn more....
A Quote From a Texas Chiropractor -- "This is not just a Texas fight."
"In my 30 plus years of involvement with the TCA, I repeatedly heard the phrase, 'As Texas goes, so goes the rest of the nation'. There are several key states that have a significant population and chiropractor density along with chiropractic college locations. Florida, New York and California are the other 3 states. Whatever trends are established in these states will eventually occur in other states.
"I truly believe that the AMA believes that if they can take away our right to diagnose they can topple Texas and set a precedent. Then, eventually, the rest of the states will fall like a house of cards. This is not just a Texas fight. The decision stemming from this court decision will certainly affect the rest of the nation. If we don't rally the money and support for this court fight we will all be looking for other jobs soon....or sitting in prison cells like chiropractors did 60 years ago for practicing medicine without a license."
What Happens if the TMA Wins Its Lawsuit in August and DCs Can No Longer Diagnose?
Keith Pendleton, JD
Updated: 10:00 a.m. ET, Wed., April 28 2010
The purpose of this latest article is to focus in on a particular question – Ok, so what does it really mean if DCs can no longer diagnose? In other words, what does it mean if the TMA wins its lawsuit against the TBCE and TCA in August? Note – the TCA joined the lawsuit voluntarily as a party.... Click here to learn more....
Keith Pendleton, JD
Updated: 2:30 p.m. ET, Friday, April 30, 2010
As many of you know, lately I've been writing on the topic of the TMA v. TBCE lawsuit. This has generated discussion, which is great, and also needed. More is needed still. Recently, a Texas PI attorney (name omitted) recently published the comment about the TMA lawsuit on a community website. Here's what he had to say -- "I don't believe the right to diagnose will be taken from DC's. That's a scare tactic and barganing chip the TMA will use when a compromise is sought.".... "Compromise?" .... Click here to learn more....
Keith Pendleton, JD
Updated: 9:30 a.m. ET, Mon., May 3, 2010
On Friday evening, immediately after sending out my last article, I received a call from Clem Martin, DC (Bonham, Texas).
Here was Dr. Martin's point (I'll paraphrase) -- "The challenge to our right to diagnose needs to be kept in the court system and won there. Texas courts have already ruled that DCs have a legal right / duty to diagnose, regardless of what the TMA may say about our Scope of Practice Act.".... Click here to learn more....
What’s That? As a DC, You Don’t Diagnose? Just Tell Me You’ll Consider Getting Legal Counsel.
by Keith Pendleton, JD
10:45 a.m. ET, Wed., May 5, 2010
Over the last few days, I received a rather astonishing communication in response to my series, “The Constitutional Challenge to DCs’ Right to Diagnose.”
The communication came from a chiropractor who told me that he DOES NOT DIAGNOSE AT ALL as part of his “wellness” practice. Note – he didn’t tell me that he renders limited diagnoses pursuant to a limited scope of practice (e.g., subluxation, musculoskeletal-based diagnoses, etc). He told me that he does not diagnose at all, period.
Not only does he not diagnose, he tells his patients that he does not diagnose.
“Diagnosis,” he said, is from “Di” meaning “two” and “Agnostic” meaning “to not know,” in other words “two [people] not knowing.” He told me that he learned this from a chiropractic consultant who openly advocates not diagnosing..., just adjusting.
NEWS FLASH! -- TEXAS CHIROPRACTIC ASSOCIATION REQUESTS JURY TRIAL IN LANDMARK DIAGNOSIS CASE
by Keith Pendleton, JD
8:30 a.m. ET, Thur., May 6, 2010
In an historic case being watched nationwide by the medical and alternative health care communities alike, the Texas Chiropractic Association (TCA) has recently requested a jury trial in the matter of the Texas Medical Association v. Texas Board of Chiropractic Examiners ("TMA v. TBCE").
What makes this case so unusual is that the TMA initially filed the suit 9 months after assisting the American Medical Association (AMA) in forming a national coalition -- Scope of Practice Partnership (SOPP) -- to reign in the scope of practice of alternative health care professions.
What makes the case even MORE unusual is that in it, the TMA didn't just seek to stop the expansion of the scope of practice of the chiropractic profession in Texas, it sought to seriously diminish it, and based on State Constitutional grounds.