West Virginia Radiologic Technology Board of Examiners v. Darby

MILLER, Justice:

The West Virginia Radiologic Technology Board of Examiners (Board) appeals a final order of the Circuit Court of Cabell County, dated November 27, 1991, dismissing its petition for injunction against H. Darrel Darby, a licensed doctor of podiatric medicine. The Board sought to enjoin Dr. Darby from using unlicensed members of his staff as radiologic technologists. 1 The circuit court ruled that it was not a violation of the Radiologic Technologists Act, W.Va. Code, 30-23-1, et seq., to employ unlicensed individuals to take x-rays, and, therefore, the Board did not have the…