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Posts Tagged ‘Texas Chiropractic Association’

TCA Doctor Explains TMA v TBCE on the Radio

July 25th, 2010 Brian Starry, D.C. No comments

Hear the radio interview with this link: http://krld.cbslocal.com/2010/07/15/dr-greg-carter-interview-chiropractor/#more-4970

By Chris Dalrymple… – Posted on 15 July 2010

TCA’s own Dr. Greg Carter was interviewed on KRLD Radio on Thursday, July 15, 2010 at 10 a.m. He was interviewed on the topic of TMA v TBCE lawsuit.

KRLD is a talk radio station in Dallas located at 1080 on the AM-radio dial. The interview was heard via the internet at http://www.krld.com/.

The one-on-one interview with several call in questioners highlighted the attempt of the Texas Medical Association to require Texans to have to spend more money with the medical profession in order to gain access to the chiropractic profession.

The host and several of the callers expressed their concern that the TMA’s campaign to render chiropractic doctors (and other providers) ineligible to to render a diagnosis was an attempt at creating an effective monopoly for the medical profession at the expense of other providers, and at increased expense to the consumer.

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TMA v TBCE–TRIAL UPDATE.

July 25th, 2010 Brian Starry, D.C. No comments

Source Texas Chiropractic Association

August 16th Trial Date POSTPONED

On Wednesday, July 7, 2010, two matters were heard in the TMA v. TBCE lawsuit…

In the first matter, the TMA and the TMB questioned the TCA’s “standing” to be a party in the suit – they claimed Doctors of Chiropractic have no legal interest in the position taken by the Texas Medical Board under its act about what constitutes the unauthorized practice of medicine. TCA responded with legal argument and testimony on all the reasons why Doctors of Chiropractic would be significantly affected by the outcome in this lawsuit, including being threatened with criminal action, civil action, TBCE discipline, and potentially being shut down if diagnosis is ruled to be exclusive to medical doctors. TCA presented testimony on all of the ways in which the profession and the public would be harmed by the position being taken by the TMA and TMB. The TMA and TMB backed off from any claim that TCA cannot defend the TBCE scope of practice rule. The Judge has yet to rule on the TCA’s standing to challenge the Texas Medical Board’s statute.

The second motion was the TMA’s and TMB’s motion to strike TCA’s request for a jury trial. After extensive argument, the Judge directed the parties to submit questions of law regarding diagnosis to him in a process of cross-briefing that will not be complete for a month. The Judge indicated that, once all the legal questions are resolved, if a disputed question of fact remains, he would not deprive TCA of a jury trial. He did not expressly rule on the motion to strike.

TBCE and TCA attorneys, including appellate attorney former Texas Supreme Court Justice Tom Phillips, felt that the proceeding was productive and not unfavorable.

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Categories: Chiropractic Tags: ,