Opinion handed down June 28, 2011
Link to Mo. Sup. Ct. Opinion
As part of a national trend of similar litigation, St. Louis County and St. Louis Convention and Visitors Commission (CVC) filed suit against Prestige Travel, Inc. (Prestige) and several other online travel companies that contract for discounted motel rooms and then resell the rooms online at a higher price. St. Louis County and CVC claimed that §§ 502.500-502.550 of the revised ordinances of St. Louis County and Revised Statutes of Missouri §§ 67.601-67.626 required these companies to pay certain hotel and tourism taxes, which they had not paid. House Bill No. 1442 (H.B. 1442) was then enacted, exempting such travel companies from the taxes at issue. The circuit court dismissed the case, and on appeal the Supreme Court of Missouri affirmed, holding that Prestige was not obligated under the taxing statutes before enactment of H.B. 1442, and that H.B. 1442 did not violate the Original Purpose, Clear Title, or Single Subject provisions of the Missouri Constitution.
Tuesday, June 28, 2011
Mo. Ass’n of Nurse Anesthetists, Inc. v. State Bd. of Registration for the Healing Arts[1]
Opinion handed down June 28, 2011
Link to Mo. Sup. Ct. Opinion
In 2007, the State Board of Registration for the Healing Arts (the Board) sent a letter to Dr. Kunkel prohibiting his delegation of certain responsibilities to nurses with whom he worked. Dr. Kunkel and other interested parties subsequently filed a petition in circuit court requesting relief from the policy. The trial court granted summary judgment for the Board, dismissing all claims by Dr. Kunkel and the other parties. On appeal, the Supreme Court of Missouri reversed and remanded. The court held that the letter sent to Dr. Kunkel constituted a “rule” and was invalid because the Board failed to follow proper rulemaking procedures as provided by statute. While the Board has the authority to properly promulgate rules on the general subject matter, the court remanded because it is a question of fact to determine if the Board independently possesses this authority. The court’s holding is proper and consistent with statute because the letter to Dr. Kunkel was not limited to the specific facts of his situation. The letter was instead a general statement that all APNs were unqualified to perform certain procedures. To make such general policy statements the Board must instead adhere to the statutorily prescribed rule making procedure.
Link to Mo. Sup. Ct. Opinion
In 2007, the State Board of Registration for the Healing Arts (the Board) sent a letter to Dr. Kunkel prohibiting his delegation of certain responsibilities to nurses with whom he worked. Dr. Kunkel and other interested parties subsequently filed a petition in circuit court requesting relief from the policy. The trial court granted summary judgment for the Board, dismissing all claims by Dr. Kunkel and the other parties. On appeal, the Supreme Court of Missouri reversed and remanded. The court held that the letter sent to Dr. Kunkel constituted a “rule” and was invalid because the Board failed to follow proper rulemaking procedures as provided by statute. While the Board has the authority to properly promulgate rules on the general subject matter, the court remanded because it is a question of fact to determine if the Board independently possesses this authority. The court’s holding is proper and consistent with statute because the letter to Dr. Kunkel was not limited to the specific facts of his situation. The letter was instead a general statement that all APNs were unqualified to perform certain procedures. To make such general policy statements the Board must instead adhere to the statutorily prescribed rule making procedure.
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