For decades, Texas Doctors of Chiropractic have watched colleagues in other states use a valuable diagnostic tool that was off-limits to them at home. That may be about to change.Â
On August 12, 2026, Texas Attorney General Ken Paxton issued Opinion No. KP-0523, concluding that the Texas Board of Chiropractic Examiners has the legal authority to adopt a rule allowing properly trained chiropractors to perform needle electromyography (nEMG) using nonincisive needles. The opinion resolves a long-standing legal question that has kept nEMG out of reach for Texas DCs, even as the procedure remained a routine, non-controversial part of chiropractic practice in most of the rest of the country.Â
What Was the Legal Question?
Texas law has always barred chiropractors from performing “incisive” or surgical procedures (anything that cuts tissue). The open question was whether inserting a needle to perform an EMG counted as an incisive procedure, or whether a needle can be “nonincisive” depending on its design and how it’s used (the same logic that already permits chiropractic use of acupuncture needles).Â
The Attorney General agreed with the position advanced by the Texas Chiropractic Association: the dividing line in Texas law is whether an instrument cuts tissue, not simply whether a procedure involves a needle. Because nEMG can be performed with a nonincisive needle, and because EMG itself is fundamentally a diagnostic tool for evaluating the condition of the muscular and nervous systems, the opinion concludes the procedure fits squarely within the scope of chiropractic practice as the Texas Legislature has defined it.Â
Why This Matters
Dr. J. Donald Dishman, Professor of Neuroscience and Dean of Graduate Programs at Parker University, put the significance of this ruling in context:Â
“The Texas attorney general has recently ruled that it is within the scope of practice for Doctors of Chiropractic to perform needle electromyography (nEMG) with additional training. Prior to this ruling, DCs in Texas were permitted only to perform nerve conduction studies (NCS), which are non-invasive. DCs were previously barred from performing nEMG, which is an invasive, but vital portion of most electrodiagnostic evaluations. With this ruling, Texas DCs with proper training can now enjoy the use of this valuable diagnostic tool in their practices, just as their colleagues in most other states have enjoyed for decades.”Â
Nerve conduction studies alone only tell part of the story when evaluating nerve and muscle disorders. nEMG fills in the rest, helping clinicians distinguish between muscle-based and nerve-based causes of weakness, and detecting abnormalities that don’t show up in a standard physical exam. Pairing NCS with nEMG gives a chiropractor a far more complete electrodiagnostic picture, closing a long-standing gap between Texas DCs and their peers in states where nEMG has already been established practice.Â
What Happens Next
It’s worth being precise about what KP-0523 does. The opinion confirms that the Texas Board of Chiropractic Examiners has the authority to adopt a rule permitting nonincisive needle EMG. It does not authorize Texas chiropractors to begin performing the procedure. The Board still must go through its rulemaking process to define the required training, credentialing, and equipment standards before nEMG becomes an authorized part of chiropractic practice in Texas.Â
In other words: the legal roadblock has been cleared, but the road itself is still being built. That process is expected to unfold over the coming months, and Parker University will be watching closely.Â
Parker University's Role
As this new scope of practice takes shape, advanced diagnostic training (including electrodiagnostics) will become an increasingly important part of preparing the next generation of Texas chiropractors. Parker University’s Doctor of Chiropractic program has long emphasized evidence-based, clinically rigorous training, and developments like KP-0523 reinforce why that emphasis matters: the scope of chiropractic practice continues to expand toward more comprehensive, data-driven patient care.Â
