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MEDICAL SOC. v. DEPT. OF LAW & P. SAFETY

120 N.J. 18 (1990)

575 A.2d 1348

MEDICAL SOCIETY OF NEW JERSEY AND NEW JERSEY ASSOCIATION OF OSTEOPATHIC PHYSICIANS AND SURGEONS, RESPONDENTS, v. NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, STATE BOARD OF PHYSICAL THERAPY, APPELLANT.

The Supreme Court of New Jersey.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Regina H. Nugent, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Steven I. Kern argued the cause for respondents (Kern & Augustine, attorneys).

New Jersey Board of Medical Examiners filed a brief as amicus curiae.

The opinion of the Court was delivered by POLLOCK, J.

At issue in this case is whether the State Board of Physical Therapy (the Board) acted within its delegated authority when it promulgated N.J.A.C. 13:39A-2.2(b), which specifies activities that a physical therapist may perform without physician direction. The Appellate Division decided that the rule exceeded the authority delegated to the Board under N.J.S.A. 45:9-37.18. 229 N...

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