Tennessee Medical Ass'n v. Board of Registration in Podiatry

907 S.W.2d 820, 1995 Tenn. App. LEXIS 377
CourtCourt of Appeals of Tennessee
DecidedJune 2, 1995
StatusPublished
Cited by3 cases

This text of 907 S.W.2d 820 (Tennessee Medical Ass'n v. Board of Registration in Podiatry) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tennessee Medical Ass'n v. Board of Registration in Podiatry, 907 S.W.2d 820, 1995 Tenn. App. LEXIS 377 (Tenn. Ct. App. 1995).

Opinions

OPINION

LEWIS, Judge.

This matter commenced when Dr. Steven Head, D.P.M., Intervenor, filed a petition with the Board of Registration in Podiatry (Board), seeking a declaratory order that the [821]*821treatment of an ankle sprain was within the definition of a podiatrist as defined by Tennessee Code Annotated section 63-3-101. The Tennessee Medical Association and Dr. John Lamb, an orthopaedic surgeon, were allowed to intervene at the Board hearing.

Following the declaratory order hearing, the Board voted unanimously to expand the definition of podiatrist to include the treatment of the soft tissue involved in an ankle sprain, both above and below the ankle joint. The Board held that in order to effectively treat an ankle sprain, podiatrists must be allowed to treat the structures adjacent to the foot. The Board’s order became final on 16 June 1993.

The petitioners filed their Petition for Review pursuant to Tennessee Code Annotated section 4-5-322 seeking a reversal of the Board’s decision. They requested a reversal of the Board’s order expanding the definition of foot to include the ankle, and an injunction enjoining the Board from issuing orders permitting treatment of structures other than the foot. They also sought a declaration that treatment of an ankle sprain exceeds Tennessee Code Annotated section 63-3-101, to the extent it requires treatment of structures above the foot.

Following the contested case hearing before the Board, the Board made four findings of fact and rendered conclusions of law, in part, as follows: (1) In order to effectively treat the ailments of the human foot, the podiatrist must be able to treat structures adjacent to the human foot; (2) It is a duty of the Board of Registration in Podiatry to clarify any statute, rule, or order within its primary jurisdiction in this case. T.C.A. § 63-3-101. Based on the foregoing findings, the Board ordered as follows: “The Board finds an ankle sprain falls within the definition of podiatrist found in T.C.A. 63-3-101.”

Tennessee Medical Association and Dr. John Lamb filed a Petition for Review to review the order of the Board, pursuant to Tennessee Code Annotated section 4-5-322. Appellant, Dr. Steven Head intervened in the Petition for Review.

Following submission of the briefs by the parties and oral argument, the Chancellor reversed the decision of the Board and remanded the case for further proceedings.

The intervenor, Dr. Steven Head filed a Notice of Appeal to this court.

It is uncontested that podiatrist are limited to “treatment of ailments of the human foot.” T.C.A. § 63-3-101. Therefore, the issue presented to the Board was whether an ankle sprain is an ailment of the human foot. In order for the Board to determine this question, it required a determination by the Board of whether the term foot included ankle.

There was no evidence to establish that the term “foot” means “foot and ankle.” In the absence of substantial and material evidence to support a finding that foot means foot and ankle, there was no substantial and material evidence to establish that treating an ankle sprain is treating an ailment of the human foot. The evidence presented in this case addressed many issues not relevant to the issue of whether an ankle sprain is an “ailment of the human foot.” Among this evidence was the following:

1. Testimony as to whether the foot and ankle are “inseparable”;
2. Whether the function of the foot is affected by structures in the ankle;
3. Whether podiatrist in Tennessee are treating ankle sprains;
4. The scope of podiatry in other states;
5. The training received by podiatrists at podiatry schools in other states.

The Board’s finding of facts and conclusions of law are as follows:

Findings of Fact
1. T.C.A. § 63-3-101 authorizes podiatrists to treat ailments of the human foot;
2. By testimony of the witnesses and also based upon the Webster dictionary definition, the ankle is defined as the lower extremity joint involving the foot whose purpose is to hinge the foot unto the leg;
[822]*8223. Ankle sprain is a total or partial disruption of the ligaments connecting the foot and the leg; and
4. Ankle sprains have a direct effect on the foot and the soft tissue structures which are damaged are within the substance of the foot.
Conclusions of Law
To effectively treat ailments of the foot as outlined in T.C.A. § 63-3-103 will necessitate treatment and control of the adjacent structures. T.C.A. § 63-3-103 defines podiatrist as “one who examines, diagnoses or treats medically, mechanically or surgically, the ailments of the human foot....” The law does not demarcate the anatomical barrier. The Board finds that all the soft tissue involved in an ankle sprain are within that definition.

While the Board finds that the ligaments involved in ankle sprain are both “within the structure of the foot” and “connect the foot and the leg” there is no finding that the term “foot” means “foot and ankle.” The Board based its order that an ankle sprain falls within the definition of podiatrist on the reasoning that: 1. “In order to effectively treat the ailments of the human foot the podiatrist must be able to treat structures adjacent to the human foot,” and 2. “It is the duty of the Board of Registration in Podiatry to clarify any statute, rule, or order within its primary jurisdiction.”

The sole issue presented by the appellant is: ‘Whether the Chancery Court erred in reversing the decision of the Board of Podiatry which had held that the statutory definition of podiatry includes the treatment of ankle sprains.”

The Board is charged with the duty of prohibiting podiatrists from practicing beyond their statutory scope of practice. Tenn. Code Ann. § 63-3-106. This duty requires that the Board determine the statutory scope of practice and apply it to the situation presented by the contested case. •

The instant case required the Board to determine whether treatment of ankle sprains was within the scope of the statute limiting podiatrists to treatment of ailments of the human foot. Is an ailment of the ankle necessarily an ailment of the foot? Two podiatrists at an orthopaedic surgeon testified, in great detail, at the hearing.

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907 S.W.2d 820, 1995 Tenn. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennessee-medical-assn-v-board-of-registration-in-podiatry-tennctapp-1995.