PA. MED. SOC. v. PA. ST. BD. OF MED.

Nos. 2284 C.D. 1987 and 2386 C.D. 1987.

118 Pa.Commw. 635 (1988)

546 A.2d 720

Pennsylvania Medical Society, Petitioner v. Commonwealth of Pennsylvania, State Board of Medicine, Respondent. Pennsylvania Osteopathic Medical Association, Petitioner v. Commonwealth of Pennsylvania, State Board of Osteopathic Medicine, Respondent.

Commonwealth Court of Pennsylvania.

August 18, 1988.


Attorney(s) appearing for the Case

Robert B. Hoffman, Reed, Smith, Shaw & McClay, for petitioner, Pennsylvania Medical Society.

Roger F. Cox, with him, Lawrence J. Beaser, Blank, Rome, Comisky & McCauley, for petitioner, Pennsylvania Osteopathic Medical Association.

Gwendolyn T. Mosley, Deputy Attorney General, with her, Andrew S. Gordon, Chief Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Litigation Section, Alexandria J. Matthews, Counsel, and LeRoy S. Zimmerman, Attorney General, for respondents.

Richard B. Wickersham, Jr., with him, Michael C. Hemsley, Griffith & Burr, P.C., for amicus curiae, Pennsylvania Psychiatric Society.

Argued June 13, 1988, before Judge MacPHAIL, and Senior Judges BARBIERI and KALISH, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, August 18, 1988:

Petitioners, Pennsylvania Medical Society and Pennsylvania Osteopathic Medical Association, have filed motions for summary judgment with regard to petitions for review requesting injunctive and declaratory relief filed against the State Board of Medicine and the State Board of Osteopathic Medicine (Boards).1

The Boards in January of 1987 adopted regulations governing the use of amphetamine...

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