1. Whether the emergency imperative of EMTALA displaces a State Law medical malpractice exception just as the EMTALA emergency imperative displaced a state law abortion ban for purposes of the District Court's injunction in Moyle v. United States ?

2. Whether the Tenth Circuit's zeal to adhere to the EMTALA malpractice exception in Repp v. Anadarko Mun. Hosp. exposes a Circuit Split with the Fourth Circuit's "standard to which the hospital adheres" rule in Power v. Arlington Hosp. Ass'n ?

3. Whether Dan Kuhlman, M.D., the Citizens' Medical Center's emergency depart ment medical director, violated EMTALA by allowing an unqualified Optometrist to examine and diagnose a serious eye injury and discharge the patient for economic reasons?

Whether the emergency imperative of EMTALA displaces a State Law medical malpractice exception and requires proper emergency patient treatment