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Hinojosa (D-McAllen), Joan Huffman (R-Southside Place), and Jane Nelson (R-Flower Mound).
Judge backs TMA on patient safety issue
An Austin state district judge ruled in TMA’s favor Dec.7 and granted the as- sociation’s motion to stop chiroprac- tors from performing vestibular testing. Judge Rhonda Hurley’s ruling invali- dates the Texas Board of Chiropractic Examiners’ (TBCE’s) vestibular testing rule by declaring it to be beyond chiro- practors’ lawful scope of chiropractic. TMA took TBCE to court to protect patient safety after TBCE adopted rules allowing chiropractors to perform the procedure. TMA argued that state law does not authorize chiropractors to perform ves- tibular testing. The vestibular system is a component of the inner ear and communicates with the central nervous system. Tests of vestibular function are diagnostic tests designed to evaluate the function and structure of the inner ear and/or brain. The tests include hearing evaluations because the hearing and balance functions of the inner ear are closely related.
“The vestibular apparatus is not part of the musculoskeletal system because the muscles that connect the eyes to the skull do not “move the body” or
“maintain its form,” TMA said in its mo- tion. “Chiropractors are not authorized to diagnose medical conditions, includ- ing defects in the vestibular apparatus, because the Chiropractic Act does not include the diagnosis of diseases within the definition of chiropractic. Even if chi- ropractors can use the word ‘diagnosis’ in a rule, any such diagnosis must be limited to the biomechanical condition of the spine and musculoskeletal system.” The TMA motion added that the issue of whether “diagnostic testing by chiro- practors is important for patient safety or for chiropractors to be able to be pri- mary care doctors is a question for the legislature and not the court.” This is the fourth part of TBCE’s Scope of Practice Rule that a court has
declared invalid and void because they exceeded the scope of chiropractic as de- fined by law. The first three parts of the rule unlawfully authorized chiropractors to perform manipulation under anesthe- sia and needle electromyography and to diagnose diseases.
Physicians Foundation identifies 2012 key issues
The Physicians Foundation — a non- profit organization that seeks to ad- vance the work of practicing physicians and improve the quality of health care for all Americans — has identified five key areas that will impact the practice of medicine this year. The Physicians Watch List for 2012 is based on research the foundation re- leased last year. The five areas are:
1. Changing nature of medical practices. Many physicians choose hospital and group settings versus private prac- tice due to the perceived security employed settings offer. Only one- quarter of physicians surveyed said they plan to continue practicing as they are; half said they would adopt a style of practice different from the traditional full-time independent pri- vate practice model. In 2012, physi- cians will need to carefully assess their individual circumstances and determine the practice configuration that best meets their needs and those of their patients.
Louis J. Goodman, PhD
2. Decreased return on increased burden. The added regulations and adminis- trative responsibilities based on the Affordable Care Act have caused phy- sicians to focus less on the patient and more on adminis- trating their prac- tices. Sixty-three percent of physi- cians surveyed said that nonclinical pa- perwork has caused them to spend less time with their patients, and 94
American Physicians Insurance Company ................................................. 64
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Texas Health Steps.......................10, 16, 45 Stillwater National Bank ...........................6 Texas Department of State Health Services (HIV)..........................40
Texas Medical Association 30 Minute Billing Cure .........................62 HIT .............................................................. 64 Home Study Course .............................62 Knowledge Center ................................62 Practice Consulting ................................. 3 TEXMED 2012 ........................................IBC The Physicians Benevolent Fund ......17 Texas Medical Association Insurance Trust...................................BC
Texas Medical Liability Trust ............ IFC TEXPAC .................................................... 20 Texas Mutual Insurance Co. .....................9
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February 2012 TEXAS MEDICINE 13
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