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BETH ISRAEL HOSP. ASS'N v. BD. OF REGIST. IN MEDICINE

401 Mass. 172 (1987)

515 N.E.2d 574

BETH ISRAEL HOSPITAL ASSOCIATION & others vs. BOARD OF REGISTRATION IN MEDICINE.

Supreme Judicial Court of Massachusetts, Suffolk.

November 23, 1987.

Attorney(s) appearing for the Case

Gerald Gillerman (Gordon P. Katz & William M. Mandell with him) for the plaintiffs.

James M. Shannon, Attorney General (Carolyn V. Wood, Assistant Attorney General, with him) for the defendant.

The following submitted briefs for amici curiae:

Harold J. Bressler of Illinois & Richard A. Johnston, for Joint Commission on Accreditation of Hospitals.

Patrick R. Carroll, William T. McGrail & Dorothy Grandolfi Wagg, for Massachusetts Hospital Association, Inc.

Alfred Miller, Peter N. Greenwald & Joan S. Wise of New York, for American Association of Retired Persons.

Sander A. Rikleen, Walter L. Landergan, Jr., Kathleen R. Curtis & Michael J. Kelly, for The Massachusetts Medical Society.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

HENNESSEY, C.J.

The plaintiffs (hospitals) seek a declaration under G.L.c. 30A, § 7, and c. 231A that five regulations of the Board of Registration in Medicine (board) adopted following the enactment of St. 1986, c. 351 — "An Act relative to medical malpractice" — are invalid because they conflict with statutes and are beyond the board's authority. A single justice of this court reported the case on the parties' cross motions for summary judgment...

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