Garfield County judge to consider injunction request against alternative healer

Tuesday, March 30th 2004, 12:00 am

By: News On 6

ENID, Okla. (AP) -- A Garfield County judge will hear arguments Tuesday on whether an Enid woman should be forced to discontinue her alternative healing practice or be allowed to operate because the law doesn't specifically define what a chiropractor is.

"The Legislature gave chiropractic a very broad-brush definition," said Robert Nance, the Oklahoma City attorney representing self-described healer Tammy Joy Kennedy. "Until they can define the thing, they have no business telling someone what they can do or can't do."

Assistant Attorney General Grant Moak has argued in court filings that the Legislature defined chiropractic and the Oklahoma Board of Chiropractic Examiners has approved manual manipulation and adjustment as within the scope of practice of chiropractic.

Moak is representing the board in its request for a temporary injunction against Nerve Signal Interference Removal Technologies School of Alternative Healing in Enid.

Moak said Kennedy isn't state-licensed in any of the healing arts in Oklahoma.

"She is practicing chiropractic and holding herself out as a practitioner of chiropractic in violation of state statutes," Moak has argued.

Nance is asking Associate District Judge Richard Perry to dismiss the state's request.

"The Board bases its action against Ms. Kennedy on the premise that she is practicing chiropractic without a license. However, under the Legislature' definition of chiropractic, and the Board' own failure to specifically define the scope of practice, no violation of the scope of practice is possible," Nance argued.

Moak said a temporary injunction will promote the state's interest in protecting public health, safety and welfare.=