TMA told the Third District Court of Appeals that the Texas Board of Chiropractic Examiners went too far in allowing chiropractors to perform acupuncture. TMA filed an amicus curiae brief with the court asking for a reversal of the trial court's judgment in Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners and Yvette Yarbrough. Doing so would invalidate the chiropractic board's controversial rule.
In the brief, TMA says the chiropractic board's rules on acupuncture exceed what state law allows under the Chiropractic Act. The association also points out the Chiropractic Act doesn't authorize any procedures on the nervous system nor does it authorize chiropractors to perform acupuncture.
TMA's brief states the Chiropractic Act "addresses biomechanical conditions of the musculoskeletal system, not acupuncture."
Previously, the Texas Association of Acupuncture and Oriental Medicine (TAAOM) filed a lawsuit requesting invalidation of the chiropractic board's rules. The trial court sided with the chiropractic board and denied TAAOM motion for summary judgment. The acupuncture association appealed the trial court's judgment.
The appeal hearing took place on Dec. 2. At the hearing, the chiropractic board's counsel contended that because the Chiropractic Act prohibits only the performance of incisive procedures, chiropractors should be able to perform acupuncture within the scope of their practice act. There was some discussion of whether biomechanics encompassed the use of acupuncture, with one justice saying, "Acupuncture is about nerves; that's different from biomechanics." A decision is expected next year.
Action, Dec. 15, 2015
Last Updated On
May 21, 2016