The Texas Court of Appeals for the Third District ruled against the TBCE on the appeal of the crucial issue of whether or not the scope of practice of chiropractic includes the nervous system.
Read the appeal ruling.
So what now?
If the Supreme Court of Texas does not hear the case, thereby allowing the Court of Appeals ruling to stand, chiropractors in Texas have a lot to lose.
Most importantly, Texas chiropractors will not be able to treat any neurological condition.
This could also mean that chiropractors in Texas may not be able to bill the Chiropractic Manipulative Treatment (CMT) code set. This is because the CPT definition of a CMT is a “manual manipulation to influence joint and neurophysiological function”.
The introduction of the AMA-CPT states that providers must use the code that accurately describes the service or procedure provided. It further goes on to state that providers can not merely approximate codes.
If chiropractors in Texas can only treat musculoskeletal disorders, the accurate manipulation code to bill would be the Osteopathic Manipulative Treatment (OMT) code. This is because the definition of the code is “a manipulation to alleviate somatic (musculoskeletal) dysfunction.
Some people, including some state board members, incorrectly state that the CMT codes are for chiropractors and OMT codes are for osteopaths. The AMA addressed this question as to who can use the CMT and OMT codes in 1997. The AMA clearly stated that there is no distinction made about what type of provider can perform these codes and that the codes can be used by any physician that is qualified to use to use them.