Texas, a state known for its independence and strong regulatory frameworks, is facing a significant ethical crisis within its chiropractic community. An investigation reveals that the Texas Board of Chiropractic Examiners is deeply intertwined with two powerful private organizations: the National Board of Chiropractic Examiners (NBCE) and the Federation of Chiropractic Licensing Boards (FCLB). These connections, marked by overlapping roles and potential conflicts of interest, cast serious doubt on the integrity of Texas’s regulatory practices and the impartiality of its chiropractic state board members.

The Texas Triangle: Key Figures and Their Conflicted Loyalties

At the center of this controversy is Mark Bronson, D.C., a prominent figure who chairs the Texas Board of Chiropractic Examiners. Dr. Bronson’s influence extends beyond the state level; he is also a member of the FCLB’s Model Practice Act Task Force and the Diversity, Equity & Inclusion Committee.

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Dr. Bronson serves as Chief Examiner for the National Board of Chiropractic Examiners and on various committees for NBCE test development according to his website. He is also a member of the American Chiropractic Association, the Texas Chiropractic Association and the Texas Council of Chiropractic Orthopedists. These are all trade organizations which harbor political and philosophical views that are not aligned with all licensed chiropractors in Texas.

These overlapping roles place Dr. Bronson in a precarious position where his decisions as a state regulator could directly benefit his standing within the FCLB, NBCE, ACA, and the TCA - all private corporations with significant financial interests.

Further complicating the picture is Cynthia Tays, D.C., who serves as a peer reviewer for the Texas Board of Chiropractic Examiners. Dr. Tays is also a member of the FCLB’s Model Practice Act Task Force, a position that gives her influence over the very regulations she is supposed to enforce impartially at the state level. Her involvement with both the state board and the FCLB raises serious concerns about the potential for regulatory capture—a situation where public officials serve the interests of private entities rather than the public they are sworn to protect.

Karen Campion, D.C., another key figure, is currently President of the FCLB, representing Texas on the national stage. She is the former Vice President (2016-2018) of the Texas Board of Chiropractic and was FCLB Chair of the Board of Directors (2021-2023). Campion is currently on the Board of Directors of the NBCE and has worked for the NBCE in multiple capacities including Part IV examiner at Parker University and Part III Test Development Committee member. Her overlapping involvement further illustrates the blurred lines between public regulatory duties and private corporate interests, contributing to a growing sense of mistrust among Texas chiropractors and the general public.

The NBCE’s Stronghold: Monopolizing "Licensing" in Texas

The NBCE, which controls the chiropractic licensing process nationwide through its monopoly enshrined in state statutes, has established a powerful presence in Texas through its influence over the state’s regulatory board. With Mark Bronson, D.C. leading the Texas Board of Chiropractic Examiners, the NBCE’s certification requirements hold significant sway over the state’s licensing processes. This dominance not only stifles competition but also keeps the costs of certification and licensing high—costs that are ultimately borne by Texas chiropractors and, by extension, their patients and the rest of the citizens of Texas.

The NBCE and FCLB's role in licensure, post graduate training and certification is a lucrative business, generating substantial revenue through exam fees and control of CE and soon to be specialty certification. These organization’s close ties with the Texas Board of Chiropractic Examiners suggest that state resources, funded by Texas taxpayers, along with student loan money may be used to maintain and even expand this monopoly, raising serious ethical and legal questions.

Regulatory Capture and the Exploitation of Public Resources

The connections between the Texas Board of Chiropractic Examiners, the NBCE, and the FCLB represent a classic case of regulatory capture. In this scenario, the regulatory board, which should be safeguarding public health and ensuring fair competition within the chiropractic profession, appears to be compromised by its close ties to these private corporations. The exploitation of public resources for private gain not only undermines the integrity of the board but also threatens the credibility of the entire chiropractic profession in Texas.

The potential for conflicts of interest is particularly concerning in light of Texas’s strict ethical guidelines for public officials. State board members, who are entrusted with the duty to regulate the profession impartially, appear to be using their positions to advance the interests of private corporations, potentially in violation of state laws and regulations.

Legal and Ethical Violations: The Need for Action

The situation in Texas is more than just an ethical dilemma; it may involve serious legal and regulatory issues. Have conflict of interest laws, which prohibit public officials from using their positions for personal gain, been breached? Furthermore, the close relationship between the Texas Board of Chiropractic Examiners and private corporations like the NBCE and FCLB could be seen as restraint of trade—a violation of antitrust laws designed to prevent monopolistic practices.

In light of these serious concerns, the following actions are recommended:

1. State and Federal Investigation: The Texas Attorney General, in coordination with federal authorities, should launch an immediate investigation into the Texas Board of Chiropractic Examiners. This investigation should focus on potential conflicts of interest, misuse of public office, and violations of antitrust laws.

2. Independent Oversight: An independent ethics commission should be established to oversee the activities of the Texas Board of Chiropractic Examiners. This commission would ensure that board members are not compromised by their private affiliations and that they act solely in the public interest.

3. Increased Transparency: The operations of the Texas Board of Chiropractic Examiners, NBCE, and FCLB must be made more transparent. Full disclosure of all financial ties and relationships should be mandatory, with public access to meeting minutes and decisions.

4. Reforming Licensure Processes: Texas lawmakers should consider allowing alternative certification and licensing pathways to reduce the NBCE’s monopoly. Ditto for the Council on Chiropractic Education (CCE) which also enjoys a monopoly in Texas. This could involve recognizing certifications and accreditation from multiple organizations, thereby promoting competition and lowering costs for Texas chiropractors.

5. Public Education Campaign: Texas chiropractors and the public should be informed about the issues at stake. An awareness campaign can help empower professionals and citizens to demand accountability and reforms that prioritize public health over corporate profits.

Conclusion

The entanglement of the Texas Board of Chiropractic Examiners with the NBCE and FCLB potentially represents a significant breach of public trust. The potential for conflicts of interest and the misuse of public resources for private gain cannot be ignored. It is imperative that the state of Texas takes immediate action to investigate, reform, and restore trust in its regulatory practices. Without these measures, the profession—and the public it serves—will continue to suffer under a system that prioritizes private profit over public welfare.

The chiropractic profession in Texas deserves fair and transparent regulation, free from the undue influence of private interests. Anything less would be a disservice to the chiropractors who rely on ethical oversight and to the patients who trust in the safety and integrity of the profession. It is time for Texas to reclaim its regulatory authority and ensure that its chiropractic board serves the people, not powerful corporations.