Irving Independent School District v. Tatro Page 14

Irving Independent School District v. Tatro general information

Media for Irving Independent School District v. Tatro

Audio Transcription for Oral Argument - April 16, 1984 in Irving Independent School District v. Tatro

James W. Deatherage:

And we have listed some seven or eight Texas Medical Association--

So by... under the Fifth Circuit's own reasoning and its exclusion, in this case this medical record falls within that exclusion, because it requires the services of a licensed physician.

Under the reasoning of this... of this case and of the courts below, whether the treatment prescribed by the doctor is simple or complex, whether it is costly or cheap, will have to be provided by the public school, whether that treatment might be sterile catheterization, which prior to CIC was considered the treatment of choice.

If a doctor, who may not be knowledgeable of the current standard of practice, prescribes sterile catheterization or another procedure to empty the bladder called purveying the bladder, and delegates that treatment to the school, under the reasoning of the courts below, the school will have to provide it or will have to challenge that prescribing physician over his standard of medical practice.

They'll either have to do it or be subjected to having knowledge it's not the current treatment of choice and yet going on and doing what the doctor prescribed.

Are you... are you confident that you're not asking us to disagree with the court of appeals on a matter of Texas law?

James W. Deatherage:

I'm sorry, Justice White.

Am I comfortable or--

Are you confident that you are not asking us to disagree with the court of appeals on a matter of Texas law, strictly Texas law, about Texas doctors and medicine and things like that?

James W. Deatherage:

--Justice White, I'm not asking you to disagree with the interpretation of Texas law.

The district court looked to the Texas Medical Practices Act to answer the question.

Our position is it should have looked to the state plan approved by the Secretary to answer the question.

Warren E. Burger:

Your time has expired.

Thank you, gentlemen.

The case is submitted.