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VIRGINIA PHYSICAL THERAPY v. BD. OF MEDICINE

Record No. 920097.

427 S.E.2d 183 (1993)

VIRGINIA PHYSICAL THERAPY ASSOCIATION, et al. v. VIRGINIA BOARD OF MEDICINE.

Supreme Court of Virginia.

February 26, 1993.

Attorney(s) appearing for the Case

Gregory M. Luce, Washington, DC (James E. Anklam, Dwayne O. Leslie, Jones, Day, Reavis & Pogue, on briefs), for appellants.

Lynne R. Fleming, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Jessica S. Jones, Sr. Asst. Atty. Gen., Howard M. Casway, Asst. Atty. Gen., on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and HASSELL, JJ., and POFF, Senior Justice.

CARRICO, Chief Justice.

Acting upon a bill of complaint for declaratory judgment filed by the Virginia Physical Therapy Association and Martin Boytek, Jr. (the complainants), the trial court permanently enjoined the Virginia Board of Medicine (the Board) from enforcing any rule against the performance of electromyographic examinations by physical therapists. The Court of Appeals reversed, holding that because the action taken by the Board did not amount to a case...

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