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N.M. BD OF PHARMACY v. N.M. BD OF OSTEOPATHIC

No. 4619.

626 P.2d 854 (1981)

95 N.M. 780

NEW MEXICO BOARD OF PHARMACY, Appellant, v. NEW MEXICO BOARD OF OSTEOPATHIC MEDICAL EXAMINERS, Appellee.

Court of Appeals of New Mexico.

March 3, 1981.

Attorney(s) appearing for the Case

Frank P. Dickson, Jr., Dickson & Dubois, P.A., Albuquerque, for appellant.

Jeff Bingaman, Atty. Gen., Andrea B. McCarty, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

HERNANDEZ, Chief Judge.

This appeal arises out of the adoption of the following rule by the New Mexico Board of Osteopathic Medical Examiners:

Article XIV, § M. Prescriptions for controlled substances. 1. An osteopathic physician may delegate to a physician's assistant the authority to prescribe any drugs controlled by the Schedules II through V, of the New Mexico Controlled Substances Act, provided that the physician's assistant...

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