Virginia Physical Therapy Ass'n v. Virginia Board of Medicine

Acting upon a bill of complaint for declaratory judgment filed by the Virginia Physical Therapy Association and Martin Boytek, Jr. (the complainants), the trial court permanently enjoined the Virginia Board of Medicine (the Board) from enforcing any rule against the performance of electromyographic examinations by physical therapists. The Court of Appeals reversed, holding that because the action taken by the Board did not amount to a case decision or the promulgation of a rule within the meaning of the Virginia Administrative Process Act, the Board’s action was not appealable or subject to…