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FOR IMMEDIATE RELEASE Media Contact: Tyler Pointer marketing@chirotexas.org (512) 477-9292 October 25, 2019 TCA Enters Lawsuit Defending Right to Perform Acupuncture AUSTIN, TX—The Texas Chiropractic Association (TCA) Board of Directors has authorized the association to intervene in the Texas Association of Acupuncture and Oriental Medicine (TAAOM) v. Texas Board of Chiropractic Examiners (TBCE) lawsuit regarding chiropractic acupuncture. TAAOM filed a third amended petition for declaratory relief against TBCE in the Travis County District Court on Sept. 4, 2019. TAAOM is challenging 22 Texas Administrative Code § 78.1 (e)(2)(C), which includes acupuncture in the chiropractic scope of practice, and § 78.14, which governs the practice of acupuncture by chiropractors, because: 1) TBCE allegedly lacked statutory authority to adopt these rules which they feel unlawfully authorize chiropractors to perform acupuncture in violation of the Chiropractic Act; 2) the rules allegedly authorize chiropractors to unlawfully engage in acupuncture in violation of the Acupuncture Act; and 3) the rules allegedly authorize chiropractors to unlawfully engage in the unauthorized practice of medicine in violation of the Medical Practice Act. Additionally, TAAOM contends that, under the Chiropractic Act, acupuncture is an incisive procedure that chiropractors are statutorily prohibited from practicing and that chiropractors are not allowed to perform procedures on the body beyond the musculoskeletal system and may not engage in “nerve stimulation,” arguing that acupuncture impacts the nervous system. Finally, TAAOM also argues that Rule 78.14 constitutes a threat to public health and safety, is anticompetitive, and is misleading to the public. TCA represents the more than 6,500 licensed chiropractors in Texas, including hundreds who were approved for an acupuncture permit through TBCE. The state association believes TAAOM’s suit has no merit and vigorously defends the right of chiropractors to perform chiropractic acupuncture. “Texas chiropractors have safely performed acupuncture in the Lone Star State for more than five decades,” said TCA President Chad Carpenter, DC, a chiropractor based in Boerne, Texas. “TBCE’s rules relating to acupuncture are well-established and TAAOM’s attempt to redefine an acupuncture needle as ‘incisive’ is out of bounds. We feel compelled to stand up for chiropractors in our state and the thousands of patients in their care.” TCA will be represented by the Austin-based firm of Weisbart Springer Hayes LLP. For over 100 years, the Texas Chiropractic Association (TCA) has served as the essential voice for chiropractic in Texas. TCA provides protection, state-wide advocacy, information and education for the more than 6,000 Doctors of Chiropractic who actively practice in Texas, and its 1,600 members. # # #