.
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 who is not a
licensed physical therapist may advertise his services as
"physical therapy."
Section 7(a) of the Physical Therapy Act, article
4512e, V.T.C.S., provides that:
A person may not practice or represent
himself as able to practice physical therapy,
act or represent himself as being a
ihrysical therapist unless he is licensed
under this Act.
At first glance, it would appear that a chiropractor who is
not also a licensed physical therapist may not advertise
that he performs "physical therapy." However, section 6 of
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
performing health-care services," is totally exempted from
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
P. 6406
.
Ms. Cecilia Garcia Akers, P.T. - Page 2 (JM-1211)
provisions of the Chiropractic Act, section 5a of article
4512b, V.T.C.S. That statute states initially that:
A person may not practice 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,'
'chiropractic,' 'doctor of chiropractic,'
‘D.C. ,’ or any derivative of those terms in
connection with his or her name or practice; ?
and
(2) the physical therapist 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 nurses, licensed vocational nurses,
massage therapists, and persons who provide spinal screening
services under article 4477-70, V.T.C.S.
Since the legislature, while exempting physical
therapists from the terms of the Chiropractic Act, has in
plain terms forbade them to advertise themselves as
"chiropractors,1' it must be presumed that the legislature
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
so. On the contrary, it has completely exempted
chiropractors from the scope of the Physical Therapy Act.
We conclude that a licensed chiropractor who is not a
licensed physical therapist may advertise his services as
"physical therapy."
P. 6407
Ms. Cecilia Garcia Akers, P.T. - Page 3 (JM-1211)
SUMMARY
A licensed chiropractor who is not a
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