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Case Name | Oklahoma State Chiropractic Independent Physicians Association v. Fallin | |
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Date | 12/20/2011 | |
Note | Provisions of a reform bill that require clear and convincing evidence and prohibit chiropractors and other medical providers from serving as independent medical examiners are unconstitutional. | |
Citation | 2011 OK 102 | |
WCC Citation | WCC 392011 OK |
COMBS, J. ¶1 Two chiropractors, Daniel Post, D. C. , and Brad M. Hayes, D. C. , and the Oklahoma State Chiropractic Independent Physicians Association (Chiropractors) filed an application requesting that this Court assume original jurisdiction and declare portions of 85 O. S. §§ 329 and 333 to be unconstitutional. The opinion of the independent medical examiner shall be followed unless there is clear and convincing evidence to the contrary. The Chiropractors argue that there is no valid reason to distinguish between M. D. s and D. O. s,, and other physicians. One of them has been an independent medical examiner in the past, and one claims that the new statutes will adversely affect his chiropractic practice. If the statute is found to be constitutional, nineteen Qualified Independent Medical Examiners will be erased from the books.
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