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Administrative Law Keyed to Popper
Connecticut State Medical Society v. Connecticut Board of Examiners in Podiatry
Citation:
546 A.2d 830 (1988)Facts
In 1984, a Medicare intermediary ruled that Connecticut podiatrists could not treat ankle ailments because state law limited their practice to foot ailments. The Board of Examiners in Podiatry sought an opinion from the attorney general, who advised that the board needed to make a factual determination about whether the ankle is part of the foot. After conducting a hearing with testimony from medical experts, the board issued a declaratory ruling that “the ankle is part of the foot and the foot is part of the ankle,” thereby authorizing podiatrists to treat ankle conditions. The Connecticut State Medical Society and a physician challenged this ruling, arguing that the board had impermissibly expanded the statutory scope of podiatric practice. The trial court agreed with the plaintiffs, finding that the term “foot” in the statute should be given its common meaning, which does not include the ankle.
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