HINES v. QUILLIVAN

No. 19-40605.

982 F.3d 266 (2020)

Ronald S. HINES, Doctor of Veterinary Medicine, Plaintiff-Appellant, v. Jessica QUILLIVAN, Doctor of Veterinary Medicine, in her official capacity as President of the Texas State Board of Veterinary Medical Examiners; Keith Pardue, in his official capacity as Vice President of the Texas State Board of Veterinary Medical Examiners; Sandra "Lynn" Criner, Doctor of Veterinary Medicine, in her official capacity as Secretary of the Texas State Board of Veterinary Medical Examiners; Michael White, Doctor of Veterinary Medicine, in his official capacity as a Member of the Texas State Board of Veterinary Medical Examiners; Samantha Mixon, Doctor of Veterinary Medicine, in her official capacity as a Member of the Texas State Board of Veterinary Medical Examiners; Randall Skaggs, Doctor of Veterinary Medicine, in his official capacity as a member of the Texas State Board of Veterinary Medical Examiners; Carlos Chacon, in his official capacity as a Member of the Texas State Board of Veterinary Medical Examiners; Sue Allen, Licensed Veterinary Technician, in her official capacity as a Member of the Texas State Board of Veterinary Medical Examiners; George Antuna, in his official capacity as a Member of the Texas State Board of Veterinary Medical Examiners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 2, 2020.


Attorney(s) appearing for the Case

Jeff Rowes , Staff Attorney, Institute for Justice, Texas Chapter, Austin, TX, Andrew Heller Ward , Institute for Justice, Arlington, VA, for Plaintiff-Appellant.

Evan Scott Greene , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Austin, TX, Adam Arthur Biggs , Assistant Attorney General, Office of the Texas Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellees.

Before Elrod, Southwick, and Haynes, Circuit Judges.


Does a veterinarian have a right to engage in telemedicine for a pet he has not physically examined? The plaintiff claims that right exists. He filed suit, challenging Texas's physical-examination requirement for vets, which prohibits vets from offering individualized advice to pet owners unless the vet previously...

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