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Re: One-Hour Fetus PhotoFrom: Marilyn Ringst (marilyncnm@hotmail.com)Sun Sep 8 13:46:10 2002
<<So the "problem" of medical malpractice was born of the medical establishment making standards up for itself. >> i'm a little confused here Joe: are you saying it's a problem that the medical profession sets standards for itself? re: One-Hour Fetus Photo, have you read Rayford v. State: "Rayford v. State 16 S.W.3d 203 Tex.App.-Dallas,2000. State sought injunction against ultrasound sonographer who ran business providing ultrasound scanning of unborn babies for nondiagnostic videography purposes, alleging violations of Texas Food, Drug and Cosmetic Act (FDCA) and Texas Deceptive Trade Practices Act (DTPA). The 44 th Judicial District Court, Dallas County, Candace Tyson, J., entered partial summary judgment for state, and ultimately granted permanent injunction and awarded civil penalties and attorney fees to state. Sonographer appealed. On motion for rehearing, the Court of Appeals, Barbara Rosenberg, J. (Assigned), held that: (1) use of ultrasound device did not change it into class III device, such that sonographer could be found guilty of adulteration of such device; (2) sonographer was not guilty of misbranding device under FDCA provision requiring labeling for new uses; (3) advertising for scanning services did not violate false advertising provision of FDCA; (4) advertising of device without prescription was misbranding in violation of FDCA; and (5) state did not meet its burden to prove that sonographer violated DTPA. Affirmed as modified in part; reversed and rendered in part."
-- Marilyn Ringstaff, CNM Rome, Georgia
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