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PARRISH v. LAMM

No. 86SA452.

758 P.2d 1356 (1988)

Michael W. PARRISH, D.C. and William W. Ranney, Plaintiffs-Appellants, v. Richard LAMM, Governor, State of Colorado; State Board of Chiropractic Examiners, William Dold, D.C., Glen Hultgren, D.C., Richard Ratliff, D.C., William Newcomer and J. Eric Griffiths, D.C.; Colorado State Board of Dental Examiners; Colorado State Board of Nursing; Colorado State Board of Optometric Examiners; Colorado State Board of Physical Therapy; Colorado State Board of Psychologist Examiners; Colorado Department of Health; David J. Thomas, District Attorney, 1st Judicial District; Norman S. Early, Jr., District Attorney, 2nd Judicial District; Barney Iuppa, District Attorney, 4th Judicial District; Kurt Schulke, District Attorney, 5th Judicial District; Vic Reichman, District Attorney, 6th Judicial District; Reid Pixler, District Attorney, 7th Judicial District; Stuart Van Meveren, District Attorney, 8th Judicial District; Milton K. Blakey, District Attorney, 9th Judicial District; Gus Sandstrom, District Attorney, 10th Judicial District; Robert Larsen, District Attorney, 11th Judicial District; Douglas Primavera, District Attorney, 12th Judicial District; Gregory F. Long, District Attorney, 14th Judicial District; Garth Neischburg, District Attorney, 15th Judicial District; Gary R. Stork, District Attorney, 16th Judicial District; James F. Smith, District Attorney, 17th Judicial District; Robert Gallagher, Jr., District Attorney, 18th Judicial District; Stanley C. Peek, District Attorney, 19th Judicial District; Alexander M. Hunter, District Attorney, 20th Judicial District; William H. Kain, III, District Attorney, 21st Judicial District; Dean Johnson, District Attorney, 22nd Judicial District, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 11, 1988.

Attorney(s) appearing for the Case

Roger W. Calton and Associates, Roger W. Calton, Laguna Niguel, Cal., Robert L. Russel, Colorado Springs, for plaintiffs-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Linda Baker, First Asst. Atty. Gen., Denver, for defendants-appellees.

VOLLACK, Justice.

In 1985 the General Assembly established the crime of abuse of health insurance by enacting House Bill No. 1333 as section 18-13-119, 8B C.R.S. (1986). Michael W. Parrish and William W. Ranney (appellants) are doctors of chiropractic practicing in Colorado who regularly used the telephone directory and other media to advertise their willingness to waive insurance payments of deductible and copayment fees in providing health care service to their...

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