Virginia Physical Therapy Ass'n v. Virginia Board of Medicine
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- AFZALL EX REL. AFZALL v. Com. (Va. 2007)
- Afzall ex rel. Afzall v. Com. (Va. 2007)
- Avery v. Virginia Retirement System (Va. Ct. App. 2000)
- Virginia Department of Transportation v. Sumner Falls Run, LLC (ORDER) (Va. 2024)
- Virginia Department of Transportation v. Sumner Falls Run, LLC (ORDER) (Va. 2024)
- Fletcher v. Commonwealth (Roanoke County Circuit Court 2010)
- City of Richmond City Council v. Wilder (Richmond County Circuit Court 2007)
- Gray v. Virginia Secretary of Transportation (Richmond County Circuit Court 2007)
- Loudoun Hospital Center v. Stroube (Loudoun County Circuit Court 2005)
- Virginia Retirement System v. Avery (Va. 2001)
- May Department Stores Co. v. Commonwealth (Va. Ct. App. 1999)
- Avery v. Virginia Retirement System (Va. Ct. App. 1999)
- Billy M. Woods v. Commonwealth of Virginia DMV (Va. Ct. App. 1998)
- Robin J. Pearsall v. The VA Racing Comm.,et (Va. Ct. App. 1998)
- Woods v. Com., Dept. of Motor Vehicles (Va. Ct. App. 1998)
- Pearsall v. Virginia Racing Commission (Va. Ct. App. 1998)
- Commonwealth v. National Private Truck Council (Va. 1997)
- American Federation of State, County & Municipal Employees v. Virginia (District Court, W.D. Virginia 1996)
- Coppage v. Mann (District Court, E.D. Virginia 1995)
- First Hospital Corp. of Norfolk v. Stroube (Richmond County Circuit Court 1993)
- Hazem Garada v. Virginia Board of Medicine (Va. Ct. App. 2026)
- Kathy S. Metts v. Virginia Community College System (Va. Ct. App. 2025)
- Curtis David Lytle v. City of Suffolk (Va. Ct. App. 2025)
- Rockbridge County v. Burnley (Rockbridge County Circuit Court 2004)
- Faculty for Responsible Change v. Visitors of James Madison University (Rockingham County Circuit Court 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the Court.
*126 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 judicial review and, therefore, that the trial court lacked subject matter jurisdiction. The Court of Appeals dismissed the case without prejudice to the complainants to bring another action should the Board reach a case decision adverse to Boytek. Virginia Bd. of Medicine v. VPTA, 13 Va. App. 458, 413 S.E.2d 59 (1991).
We awarded the complainants an appeal to consider the question whether the Court of Appeals erred in holding that the circuit court lacked subject matter jurisdiction. We have considered this question and, for the reasons assigned by the Court of Appeals in its opinion, we will affirm its judgment.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.