This situation was reported on in a previous article.
August 16th Trial Date POSTPONED
On Wednesday, July 7, 2010, two matters were heard in the TMA v. TBCE lawsuit…
In the first matter, the TMA and the TMB questioned the TCA’s “standing” to be a party in the suit – they claimed Doctors of Chiropractic have no legal interest in the position taken by the Texas Medical Board under its act about what constitutes the unauthorized practice of medicine. TCA responded with legal argument and testimony on all the reasons why Doctors of Chiropractic would be significantly affected by the outcome in this lawsuit, including being threatened with criminal action, civil action, TBCE discipline, and potentially being shut down if diagnosis is ruled to be exclusive to medical doctors. TCA presented testimony on all of the ways in which the profession and the public would be harmed by the position being taken by the TMA and TMB. The TMA and TMB backed off from any claim that TCA cannot defend the TBCE scope of practice rule. The Judge has yet to rule on the TCA’s standing to challenge the Texas Medical Board’s statute.
The second motion was the TMA’s and TMB’s motion to strike TCA’s request for a jury trial. After extensive argument, the Judge directed the parties to submit questions of law regarding diagnosis to him in a process of cross-briefing that will not be complete for a month. The Judge indicated that, once all the legal questions are resolved, if a disputed question of fact remains, he would not deprive TCA of a jury trial. He did not expressly rule on the motion to strike.
TBCE and TCA attorneys, including appellate attorney former Texas Supreme Court Justice Tom Phillips, felt that the proceeding was productive and not unfavorable.