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OAAOM v. BD. OF CHIROPRACTIC EXAMINERS

No. A148924.

320 P.3d 575 (2014)

260 Or. App. 676

OREGON ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE, Alfred Thieme, and E. Christo Gorawski, Petitioners, v. BOARD OF CHIROPRACTIC EXAMINERS, Respondent, and University of Western States; and John L.V. Platt, D.C., P.C., dba Woodstock Chiropractic Clinic, Intervenors-Respondents.

Court of Appeals of Oregon.

January 23, 2014.

Attorney(s) appearing for the Case

Patrick T. Foran argued the cause for petitioners. With him on the briefs were Thane W. Tienson and Landye Bennett Blumstein LLP.

Judy C. Lucas , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

James E. Mountain, Jr. , argued the cause for intervenor-respondent University of Western States. With him on the brief were Jona J. Maukonen , Frank A. Moscato , and Harrang Long Gary Rudnick P.C.

Andrew T. Reilly and Black Helterline LLP filed the brief for intervenor-respondent John L.V. Platt, D.C., P.C., dba Woodstock Chiropractic Clinic.

Before SCHUMAN, Presiding Judge, and DUNCAN, Judge, and TOOKEY, Judge.

TOOKEY, J.

Petitioners challenge the validity of OAR 811-015-0036, a rule adopted by the State Board of Chiropractic Examiners (the board) that authorizes chiropractic physicians to perform "dry needling." Petitioners assert that the rule exceeds the board's statutory authority, and they make several arguments to support that contention. We address only petitioners' first argument — that the challenged rule authorizes a technique that is not encompassed within...

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