Barlow v. Miss.State Bd. of Chiropractic Examiners

Dr. Andy Barlow was disciplined by the Mississippi State Board of Chiropractic Examiners for advertising in violation of the statutes governing chiropractors. The complaint alleged that Dr. Barlow advertised using professional designations other than “chiropractor,” “doctor of chiropractic,” “D.C.,” or “chiropractic physician”; Dr. Barlow advertised as D.C., and also as DACNB, FACFN, and as a “Chiropractic Neurologist.” The Board levied a monetary penalty plus the costs of his prosecution. The circuit court affirmed the Board, and Dr. Barlow appealed to the Mississippi Supreme Court, alleging that the statute governing chiropractic advertising had been implicitly amended or repealed, that the statute governing chiropractic advertising violated his First Amendment rights, and that the Board was without authority to assess the costs of the investigation to him. Furthermore, he argued the circuit court erred by failing to afford him a “de novo appeal.” Because Dr. Barlow’s arguments on whether he should be disciplined lack merit, the Court affirmed the judgments of the Board and circuit court on those issues. However, because the Board lacked authority to directly assess Dr. Barlow the costs of its investigation, the Court reversed on the issue of costs. View "Barlow v. Miss.State Bd. of Chiropractic Examiners" on Justia Law