In a notice of appeal filed on January 8, 2016, the Texas Medical Board appealed the Western District of Texas’s ruling that the Texas Medical Board was not entitled to state action immunity in an antitrust suit involving telemedicine rules.  The plaintiff, telemedicine provider Teladoc, has alleged that the Texas Medical Board acted in an anti-competitive manner in developing a rule that required physicians to see patients face-to-face before prescribing a dangerous drug or controlled substance.

In its December ruling, the District Court for the Western District of Texas found that the Texas Medical Board was not immune from suit.  Applying the Supreme Court’s test from North Carolina State Board of Dental Examiners v. FTC, the court found that the Texas Medical Board was not entitled to state action immunity because it was primarily comprised of market participants and was not acting under the state’s supervision or acting within state policy.  135 S. Ct. 1101 (2015).

To view the district court’s opinion, click here. To view the notice of appeal, click here. 

Reporter, Isabella E. Wood, Atlanta, + 1 404 572 3527, iwood@kslaw.com.