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BD. OF OPTOMETRY ETC. v. FLORIDA MED. ASS'N

No. AY-253.

463 So.2d 1213 (1985)

BOARD OF OPTOMETRY, DEPARTMENT OF PROFESSIONAL REGULATION, Appellant, and Florida Optometric Association, Inc., James A. Stephens, O.D., and Donnie D. Dance, O.D., Appellants, v. FLORIDA MEDICAL ASSOCIATION, INC., Florida Society of Ophthalmology, and William J. Broussard, M.D., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 14, 1985.

Attorney(s) appearing for the Case

Susan Tully, Asst. Atty. Gen., for appellant Bd. of Optometry.

Leonard A. Carson, Carson & Linn, P.A., Tallahassee, for appellants Fla. Optometric Ass'n, James A. Stephens, O.D., and Donnie D. Dance, O.D.

Kenneth G. Oertel and Segundo J. Fernandez, Oertel & Hoffman, P.A., Tallahassee, for appellees.

WIGGINTON, Judge.

Before us is an appeal from a challenge to the validity of the Board of Optometry's proposed rule 21Q-3.10 and the Board's 1975 policy statement, both relating to the use and prescription of legend drugs by optometrists. Section 120.54(4)(a), Florida Statutes (1983). The hearing officer held, inter alia, that the petitioners, appellees herein, had standing to challenge the rule and policy statement; that the policy statement is a "rule" within the...

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