Tain

Tain v. State Board of Chiropractic Examiners

Good Law
130 Cal. App. 4th 609·2005 Cal. App. LEXIS 993·30 Cal. Rptr. 3d 330·2005 Cal. Daily Op. Serv. 5523
Court of Appeal of CaliforniaJune 22, 2005A106656California9,199 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

Appellants Laurence Tain, Donald Nielsen, Robert Bitters, Stephanie Wattenberg, and Lori Prescott (appellants) hold degrees as doctors of chiropractic and are licensed to administer chiropractic treatment in California. Appellants appeal after the trial court dismissed their action against respondent State Board of Chiropractic Examiners (the Board) following the court’s grant of the Board’s motion for summary judgment.

In the underlying action, appellants challenge California Code of Regulations, title 16, section 302 (section 302), which defines the scope of chiropractic practice. They contend the trial court erred in granting summary judgment because section 302 impermissibly narrows the scope of chiropractic from that intended by enactment of the Chiropractic Initiative Act of 1922 (Chiropractic Act) (see Bus. & Prof. Code, § 1000) and as amended. Appellants also assert that the trial court erred in rejecting their claims that section 302 is unconstitutional under the United States and California Constitutions. None of appellants’ contentions has merit, and we affirm the judgment.

II.

Factual Background

Like that of the trial court, an appellate…

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