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MEDICAL SOC. v. N.J. DEPT. OF LAW

229 N.J. Super. 128 (1988)

550 A.2d 1272

MEDICAL SOCIETY OF NEW JERSEY AND NEW JERSEY ASSOCIATION OF OSTEOPATHIC PHYSICIANS AND SURGEONS, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, STATE BOARD OF PHYSICAL THERAPY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1988.

Attorney(s) appearing for the Case

Steven I. Kern argued the cause for appellant (Kern & Augustine, attorneys; Robert W. Savage on the brief).

Regina H. Nugent, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Regina H. Nugent on the brief).

Before Judges J.H. COLEMAN and BAIME.

The opinion of the court was delivered by BAIME, J.A.D.

The Medical Society of New Jersey and the New Jersey Association of Osteopathic Physicians and Surgeons appeal from the action of the State Board of Physical Therapy, promulgating N.J.A.C. 13:39A-2.2(b). The contested regulation permits physical therapists to engage in examination and instruction without physician direction and authorizes modification of treatment, previously prescribed by a physician...

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