Update on TMA Motion for Rehearing
Published on June 13, 2012
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The Texas Medical Association has filed a motion for rehearing in the Court of Appeals. A motion for rehearing asks the court to reconsider part of its decision.
In particular, TMA is asking the Court of Appeals to reconsider its decision about whether TMA waived its argument that the Board's rule improperly allows chiropractors to diagnose. In the trial court, TCA won a declaratory judgment saying that chiropractors can diagnose, and TMA did not appeal that decision. By not appealing that decision, TCA believes that the TMA waived its opportunity to do so.
Now, TMA is arguing that the Board rule is invalid because chiropractors can't diagnose at all. TMA is in effect asking the Court of Appeals for the opportunity to reverse that declaratory judgment, even though TMA did not appeal the decision.
The Court may deny TMA's motion without any action on our part. As such, TMA's motion presents a risk to the profession that will be closely watched by the TCA and its counsel.
Source: Texas Chiropractic Association
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