No to Chiros Conducting School Bus Driver Mental and Physical Exams

TMA Testimony

House Public Health Committee
HB 3183
April 10, 2013 

The Texas Medical Association representing more than 47,000 physician and medical student members would like to express its opposition to House Bill 3183.

HB 3183 would allow a chiropractor to conduct the required mental and physical examination, but such examination is beyond the scope of practice of chiropractic in Texas.

The Texas Chiropractic Act defines the practice of chiropractic as using “objective or subjective means to analyze, examine, or evaluate the biomechanical condition of the spine and musculoskeletal system of the human body,” or performing “nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system.” 

Mental health is not part of the “biomechanical condition of the spine and musculoskeletal system.” Thus it is not something that can be analyzed, examined, or evaluated by a chiropractor.

Likewise, many components of a physical examination exceed the biomechanical condition of the spine and musculoskeletal system. For example, cardiac, neurological, and pulmonary health are all important components to determine whether one is healthy enough to transport our youngest and most vulnerable citizens. The heart, lungs, and central nervous system are not part of the “biomechanical condition of the spine and musculoskeletal system.” Thus they cannot be analyzed, examined, or evaluated by a chiropractor.

The Texas Legislature must ensure that Texas children are protected by having individuals with the mental and physical ability to drive them safely. The heart, lungs, vision, reflexes, hearing, and mental health should all be evaluated for a prospective school bus driver. Chiropractors neither have the statutory scope of practice nor training to analyze, examine, or evaluate such important components of one’s health.
 

83rd Texas Legislature Letters and Testimonies main page  


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