In a final judgment, Travis County District Court Judge Rhonda Hurley determined that the Texas Board of Chiropractic Examiners’ (TBCE’s) rules permitting chiropractors to make medical diagnoses and perform other medical procedures exceed the chiropractic scope of practice. By voiding the rules, Texas chiropractors can’t perform vestibular-ocular-nystagmus (VON) testing. The court also specified that the definitions of “musculoskeletal system” to include “nerves,” “subluxation complex” as a “neuromusculoskeletal condition,” and use of the term “diagnosis” by TBCE in its rules all exceed the scope of practice as defined by the Texas Occupations Code.
Judge Hurley’s opinion, released by the TMA, states “after considering the evidence, authorities and arguments of counsel, the Court is of the opinion and so finds that the provisions [of TBCE Rule 78.13] challenged by the TMA exceed the chiropractic scope of practice as defined by the Legislature…”
She further declares “the authorization for certain chiropractors to perform ’technological Instrumented Vestibular-Ocular-Nystagmus’ in [rule 78.13] exceeds the scope of chiropractic … and is therefore void; the definition of ‘musculoskeletal system’ to include’ nerves’ … exceeds the scope of chiropractic … and is therefore void; the definition of ’subluxation complex’ as a ’neuromusculoskeletal condition’ … exceeds the scope of chiropractic … and is therefore void; and the use of the term ‘diagnosis’ … exceeds the scope of chiropractic … and is therefore void.”