Health Law Keyed to Furrow
State Board of Nursing and State Board of Healing Arts v. Ruebke
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Ruebke (Defendant) worked as a lay midwife, helping pregnant women at length starting with prenatal care, and continuing through delivery and post-partum care. She consulted with doctors regularly and followed a complete set of standards to ensure safe practice. The State Board of Healing Arts (Plaintiff) and the State Board of Nursing (Plaintiff) sought a temporary injunction to stop Defendant's alleged practice of medicine and nursing. There was testimony from a gynecologist that many of Defendant's assessments were obstetrical diagnoses, and there was testimony from a nurse that Defendant practiced nursing functions during deliveries. The trial court found that the two acts the Plaintiffs cited were unconstitutionally vague. Further, even if the acts were constitutional, Defendant's acts fell within exceptions to them. The injunction was denied by the trial court. The Plaintiffs appealed.
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