Case Information
*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/5/2015 3:00:25 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 11/5/2015 3:00:25 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00262-CV *1 ACCEPTED [7704799] CLERK November 3, 2015
Honorable Jeffrey D. Kyle
Clerk, Third Court of Appeals
209 W. 14 th St., Room 101
Austin, TX 78701
Re: No. 0 3-15-00262-CV; TEXAS ASSOCIATION OF ACUPUNCTURE
AND ORIENTAL MEDICINE, Appellant, v. TEXAS BOARD OF
CHIROPRACTIC EXAMINERS AND YVETTE YARBROUGH,
EXECUTIVE DIRECTOR IN HER OFFICIAL CAPACITY, Appellees.
To the Honorable Members of the Third Court of Appeals of Texas:
The Chiropractic Society of Texas (CST) is a state organization that
represents chiropractic in the state of Texas. We are a non-profit,
membership-supported organization of chiropractors, chiropractic students,
and chiropractic supporters within the state of Texas. CST has a strong
interest in this proceeding before the Court and concerns for the negative
ramifications it portrays on the Chiropractic profession in the State of
Texas. In that vein, we offer the following thoughts to the Third Court of
Appeals.
Our CST bylaws state the following:
“ARTICLE I. DEFINITION OF STRAIGHT CHIROPRACTIC
Section 1. Any person shall be regarded as practicing
Chiropractic within the meaning of these By-Laws who shall
employ objective or subjective means without the use of drugs,
surgery, x-ray therapy or radium therapy, for the purpose of
ascertaining the alignment of the vertebrae of the human spine,
and practicing of adjusting the vertebrae to correct any
subluxation or misalignment thereof, and charge therefore
directly or indirectly, money or other compensation; or who shall
hold himself out to the public as a Chiropractor or shall use
either the term “Chiropractor,” “Chiropractic,” “Doctor of
Chiropractic,” or any derivative of the above in connection with
his name.”
The above Article in our bylaws makes clear the practice of
chiropractic: Adjusting the vertebrae of the spine to correct subluxation.
The CST holds the position that the practice of Acupuncture is a separate
and distinct art and science, using needles to treat patients, with no regard
for a vertebral subluxation, thereby not qualifying under the definition of
Chiropractic.
It is the opinion of the CST that the practice of Chiropractic and
Acupuncture are two completely distinct and separate professions. As
such, the CST is not in favor of expanding the practice, and/or the scope of
Chiropractic beyond the above definition. Changing the definition or scope
of Chiropractic weakens our profession by creating confusion around the
practice of chiropractic in Texas with our doctors and patients.
Therefore, the Chiropractic Society of Texas is in support of TAAOM
and we ask the court to reverse the ruling of the lower court (201 st District
Court) and render judgment in favor of TAAOM. We appreciate the
opportunity to express our concerns and urge the Court recognize the
differences between Chiropractic and Acupuncture.
Respectfully submitted,
/s/ Matthew M. Mix D. C. Matthew M. Mix D.C.
President – Chiropractic Society of Texas
312 E. Church Street
Livingston, TX 77351
512-321-9200
info@texaschiropractic.org
*4 CERTIFICATE OF AMICUS
I certify on behalf of Amicus Curiae , that no persons other than
Amicus Curiae or its counsel made any monetary contribution to the
preparation or submission of this Amicus letter.
/ s / Matthew M. Mix D.C. Matthew M. Mix D. C. CERTIFICATE OF COMPLIANCE
I certify on behalf of Amicus Curiae , that this Amicus letter contains
386 words according to the word count feature of the Microsoft Word
software used to prepare this Amicus letter.
/ s / Matthew M. Mix D.C. Matthew M. Mix D. C. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and
foregoing Amicus letter has been served to all attorneys of record as listed
below via electronic service on November 4, 2015.
Joe H. Thrash Craig T. Enoch
Assistant Attorney General Enoch Kever, PLLC
Administrative Law Division 600 Congress Ave., Ste. 2800
P.O. Box 12548 Austin, Texas 78701
Austin, Texas 78711 cenoch@enochkever.com
Joe.Thrash@texasattorneygeneral.gov
/ s / Matthew M. Mix D.C. Matthew M. Mix D. C.