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MATTER OF CVS PHARMACY, WAYNE

224 N.J. Super. 631 (1988)

541 A.2d 242

IN THE MATTER OF CVS PHARMACY, WAYNE: TIMOTHY BROPHY, R.P., PHARMACIST-IN-CHARGE.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1988.

Attorney(s) appearing for the Case

William I. Strasser argued the cause for appellant (Donohue, Donohue, Costenbader & Strasser, attorneys; William I. Strasser, on the brief).

Linda S. Ershow-Levenberg, Deputy Attorney General, argued the cause for respondent State Board of Pharmacy (W. Cary Edwards, Attorney General, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel, and Linda S. Ershow-Levenberg, on the brief).

Before Judges SHEBELL, GAYNOR and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.S.C. (temporarily assigned).

Timothy Brophy, the resident pharmacist at the CVS Pharmacy on Hamburg Turnpike in Wayne, was found by the State Board of Pharmacy to have committed an act of grossly unprofessional conduct, in violation of N.J.S.A. 45:14-12f. The Board imposed a penalty of $500. We reverse and find that subsection f is unconstitutional in that it fails to satisfy due process of law requirements...

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