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MASLAND v. BACHMAN

473 Pa. 280 (1977)

374 A.2d 517

David S. MASLAND, M.D., H. Robert Davis, M.D., John J. Hanlon, M.D., and the Pennsylvania Medical Society, Appellants, v. Leonard BACHMAN, M.D. the Secretary of Health of the Commonwealth of Pennsylvania, and the Department of Health of the Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

Reargued April 21, 1977.

Decided June 3, 1977.

Attorney(s) appearing for the Case

Pepper, Hamilton & Scheetz, Fred Speaker, Lewis S. Kunkel, Jr., Thomas B. Schmidt, III, Harrisburg, for appellants.

Jeffrey B. Schwartz, Chief Counsel, Jay Alexander Gold, Asst. Atty. Gen., Harrisburg, for appellees.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

The question presented in this appeal1 is whether the regulation promulgated by the Pennsylvania Department of Health (Department) subjecting office laboratories of private physicians to regulation under the Clinical Laboratory Act2 (the Act) is a valid exercise of the Department's rule-making power.

The Act provides that "clinical laboratories" are subject...

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