Texas Constitution talk:Article XVI, Section 31: Difference between revisions
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This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | ||
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* ''State v. Loe'', 692 S.W.3d 215, [https://scholar.google.com/scholar_case?case=968288155892656348570#p--- ---] (Tex. 2024) ("But neither our society's history and legal traditions nor this Court's p | |||
property interest, that interest is subject to regulation and not absolute. Our Constitution expressly authorizes the Legislature to "pass laws prescribing the qualifications of practitioners of medicine." TEX. CONST. art. XVI, § 31. In accordance with that constitutional mandate, the Legislature enacted the Medical Practice Act, expressly finding that "the practice of medicine is a privilege and not a natural right of individuals" and that legislative regulation of that privilege and its subsequent use and control "is necessary to protect the public interest." TEX. OCC. CODE § 151.003(1). That 236*236 authorization necessarily includes the ability to prohibit certain practices altogether. | |||
Article XVI, Section 31 of the Texas Constitution authorizes the Legislature to “pass laws | Article XVI, Section 31 of the Texas Constitution authorizes the Legislature to “pass laws | ||
Revision as of 09:29, June 19, 2025
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This page is available for comment and discussion regarding the page Article XVI, Section 31 of the Texas Constitution.
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- State v. Loe, 692 S.W.3d 215, --- (Tex. 2024) ("But neither our society's history and legal traditions nor this Court's p
property interest, that interest is subject to regulation and not absolute. Our Constitution expressly authorizes the Legislature to "pass laws prescribing the qualifications of practitioners of medicine." TEX. CONST. art. XVI, § 31. In accordance with that constitutional mandate, the Legislature enacted the Medical Practice Act, expressly finding that "the practice of medicine is a privilege and not a natural right of individuals" and that legislative regulation of that privilege and its subsequent use and control "is necessary to protect the public interest." TEX. OCC. CODE § 151.003(1). That 236*236 authorization necessarily includes the ability to prohibit certain practices altogether.
Article XVI, Section 31 of the Texas Constitution authorizes the Legislature to “pass laws
prescribing the qualifications of practitioners of medicine in this State, and to punish persons for
mal-practice”. Exercising that authority, the Legislature has passed the Medical Practice Act (the MPA).
18-1223 TEXAS BOARD OF CHIROPRACTIC EXAMINERS; PATRICK FORTNER, IN HIS OFFICIAL CAPACITY AS THE BOARD'S EXECUTIVE DIRECTOR; AND TEXAS CHIROPRACTIC ASSOCIATION v. TEXAS MEDICAL ASSOCIATION; from Travis County; 3rd Court of Appeals District (03-17-00037-CV, 566 SW3d 776, 11-21-18)