Texas Board of Chiropractic Examiners and Yvette Yarbrough, Executive Director v. Texas Medical Association
The Texas Board of Chiropractic Examiners (TBCE) and its Executive Director, Yvette Yarbrough, are appealing a decision from the Third Court of Appeals in Austin, Texas. They have filed a motion for panel rehearing and/or en banc rehearing. The appellants argue that the Court's previous memorandum opinion contains three fundamental errors: misstating appellate issues, resolving subject-matter jurisdiction using a prohibited method, and misstating the administrative rule at issue. They contend that the Court misunderstood their challenge to the trial court's jurisdiction regarding the Texas Medical Association's (TMA) claim to invalidate a provision of the Scope of Practice Rule (22 Tex. Admin. Code § 75.17(d)(1)) concerning chiropractors' authority to "diagnose" diseases. TBCE asserts that this claim is a collateral attack on a prior judgment in TMA I where the same issue was litigated and decided in TBCE's favor. They argue that subject-matter jurisdiction should be decided on a claim-by-claim basis and that the Court erred in its interpretation of the administrative rule number. They are requesting an opportunity for oral argument due to the significance of the issues for chiropractic practice in Texas.