NEW MEXICO PHARMACEUTICAL ASS'N v. STATE

No. 16434.

738 P.2d 1318 (1987)

106 N.M. 73

The NEW MEXICO PHARMACEUTICAL ASSOCIATION, Plaintiff-Appellant, v. STATE of New Mexico and The New Mexico Board of Medical Examiners, Defendants-Appellees.

Supreme Court of New Mexico.

July 6, 1987.


Attorney(s) appearing for the Case

Stratton & Barnett, Harold D. Stratton, Jr., Mickey D. Barnett, Albuquerque, for plaintiff-appellant.

Paul Bardacke, Atty. Gen., G.T.S. Khalsa, Asst. Atty. Gen., Santa Fe, for State and Board of Medical Examiners.

Jonathan Morse, Santa Fe, amicus curiae Academy for Physician Assistants.


OPINION

STOWERS, Justice.

This appeal arises from a declaratory judgment action challenging the validity of a rule promulgated by the New Mexico Board of Medical Examiners (Board) that in certain circumstances allows physician's assistants to dispense dangerous drugs. Under paragraph (D)(4) of Rule 86-2, the Board may give written permission to a supervising physician to delegate to a physician's assistant the authority to dispense a forty-eight-hour supply...

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