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MURPHY v. BOARD OF MEDICAL EXAMINERS

Nos. 1 CA-CV 95-0327, 1 CA-CV 96-0182.

949 P.2d 530 (1997)

190 Ariz. 441

John F. MURPHY, M.D. and Blue Cross Blue Shield of Arizona, Plaintiffs-Appellants, Cross Appellees, v. BOARD OF MEDICAL EXAMINERS OF THE STATE OF ARIZONA, and Mark R. Speicher, its Acting Executive Director, Defendants-Appellees, Cross Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied January 21, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Nancy J. Beck and James M. McGee, Assistant Attorneys General, Phoenix, for Defendants/Appellees/Cross-Appellants.

Jones, Skelton & Hochuli by Bruce Crawford, Michael Hensley, and Eileen J. Dennis, Phoenix, for Plaintiffs/Appellants/Cross-Appellees.

Ulrich, Kessler & Anger, P.C. by Paul G. Ulrich and Donn G. Kessler, Phoenix, for Amicus Curia Federation of State Medical Boards of the United States, Inc.

Osborn, Maledon, P.A. by G. Murray Snow, Phoenix, for Amici Curiae Arizona Physicians IPA and Mercy Care Plan.

Lewis and Roca by Patricia K. Norris and Karen Carter Owens, Phoenix, for Amicus Curia HealthPartners Health Plans of Arizona, Inc.

Fennemore Craig, P.C. by Timothy Berg and James J. Trimble, Phoenix, for Amici Curiae Humana Inc. and Health Insurance Association of America.

OPINION

RYAN, Judge.

The central question in this appeal is whether the Arizona Board of Medical Examiners ("BOMEX" or "Board") has jurisdiction to investigate complaints arising from medical pre-certification decisions John Murphy, M.D. ("Dr. Murphy"), makes as medical director of insurance for Blue Cross Blue Shield of Arizona ("Blue Cross") (collectively "plaintiffs"). We hold, as did the trial court, that the Board does have such jurisdiction. We also...

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