Case Information

*1 THE ATTORNEY GENERAL OF TEXAS MS. Cecilia Garcia Akers, P.T. Opinion No. JM-1211 Chairman

Texas State Board of Physical Re: Whether a chiropractor

Therapy Examiners may advertise that he per- 313 East Rundberg Lane forms physical therapy Suite 113 (RQ-1742)

Austin, Texas 78753

Dear Ms. Akers:

You ask whether a licensed chiropractor Therapy Act, article

Section 7(a) of the Physical 4512e, V.T.C.S., provides that: or represent

himself as able to practice physical therapy,

act or represent himself as being a ihrysical unless he is licensed under this Act.

At first glance, it would appear that a chiropractor who is may not advertise not also a licensed physical therapist However, section 6 of that he performs "physical therapy." the same statute declares:

This Act does not apply to:

(1) a licensee of another state agency performing health-care services within the scope of the applicable licensing act . . . .

Thus, by the specific language of the Physical Therapy Act, a chiropractor, who is "a licensee of another state agency is totally exempted from performing health-care services," every provision of the act.

It might be questioned whether "performing health-care services" includes the advertising of those services. To resolve this doubt, it is instructive to compare similar r

provisions of the Chiropractic Act, section 5a of article 4512b, V.T.C.S. That statute states initially that: chiropractic

without being licensed to do so by the Texas Board of Chiropractic Examiners.

Unlike article 4512e, however, article 4512b furnishes more details regarding the application of its terms to other health care professionals. Specifically, section 13(d) states:

This Act does not apply to a physical therapist duly qualified and licensed. under Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas Civil Statutes), provided:

(1) the physical therapist does not hold himself or herself out to the public as a chiropractor or use the term 'chiropractor,' 'doctor of 'chiropractic,' chiropractic,' or any derivative of those terms in ‘D.C. ,’ ? connection with his or her name or practice; and

(2) the physical practices strictly within the scope of the license so held and in strict conformity with all applicable laws and regulations relating to the licensure.

Other exceptions in section 13 apply to physicians and surgeons, registered licensed vocational nurses, nurses, massage therapists, and persons who provide spinal screening services under article 4477-70, V.T.C.S. while exempting physical

Since the legislature, therapists from the terms of the Chiropractic Act, has in plain terms forbade them to advertise themselves as that the legislature "chiropractors,1' it must be presumed knows how to prohibit advertising when it wants to do so.

With regard to chiropractors' advertising their services as "physical therapy, 'I the Legislature has not done exempted so. On the contrary, it has completely chiropractors from the scope of the Physical Therapy Act.

We conclude that a licensed chiropractor

SUMMARY A licensed chiropractor licensed physical therapist may advertise his services as "physical therapy."

JIM MATTOX Attorney General of Texas MARY KELLER

First Assistant Attorney General

LOU MCCREARY

Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY

Special Assistant Attorney General

RKNEA HICKS

Special Assistant Attorney General

RICK GILPIN

Chairman, Opinion Committee

Prepared by Rick Gilpin

Assistant Attorney General

p. 6408