“Texas Orthopaedic Association v. Texas State Board of Podiatric Medicine
This “scope of practice” suit challenges the validity of a regulation adopted by the Texas State Board of Podiatric Medicine (“TSBPM”) to define the “foot” as including the ankle. More technically, the “foot” is defined to include “the tibia and fibula in their articulation with the talus … inclusive of all soft tissues … that insert into the tibia and fibula in their articulation with the talus.”
The Texas podiatric statute uses the word “foot” to describe podiatrists’ scope of practice but does not define the word. The Texas Attorney General formally opined that the TSBPM had exceeded its statutory authority, because the foot does not include the tibia or fibula. The Texas Orthopaedic Association (“TOA”) and the Texas Medical Association (“TMA”) then brought suit to declare the TSBPM regulation inconsistent with the statute.
Without giving a reason, the trial judge upheld the contested regulation. TOA and TMA have appealed that ruling. The briefing is ongoing.
The Texas Podiatric Medical Association sued TOA, the TMA, and the TOA president, claiming that they had violated the Texas antitrust laws by urging hospitals to refuse to credential podiatrists to treat diseases of or injuries to the ankle.
The Litigation Center has contributed to TOA’s legal expenses in this protracted litigation. Also, on April 7, 2006, the Litigation Center filed an amicus brief, along with the American Academy of Orthopaedic Surgeons and the Texas chapters of several specialty medical societies, to support TOA and TMA.”
[...] Precedent on these “scope of practice” suits in Texas [...]
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