Williams v. Texas State Board of Orthotics & Prosthetics

This case concerns the validity of certain rules passed by the Texas State Board of Orthotics and Prosthetics (the Board) that allow practicing orthotists to obtain licenses under the new Orthotics and Prosthetics Act (the Act) through exemptions from the formal licensing requirements. See Tex. Occ. Code Ann. 605.001-.411 (West 2004). Appellants Robert E. Williams, Timothy David Williams, Terry Wayne Tausch, Tommy Joe Robinson, Starley Eugene Shugart, and Charles J. Giammalva are individuals who had been practicing orthotics for several years before the passage of the Act in 1997. Appellants sought declaratory relief that the Board had exceeded its statutory authority in promulgating the challenged rules. They appeal the district courts summary judgment in favor of the Board, declaring the rules valid. For the reasons that follow, we reverse the judgment of the district court and declare the rules invalid.