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MATTER OF NEW YORK STATE NURSES ASS'N v. AXELROD

152 A.D.2d 888 (1989)

In the Matter of New York State Nurses Association, Appellant, v. David Axelrod, as Commissioner of The New York State Health Department, et al., Respondents. (Proceeding No. 1.) In the Matter of Georgia Hebert et al., Respondents, v. David Axelrod, as Commissioner of The New York State Health Department, et al., Appellants. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 20, 1989

Casey, J.

These two separate CPLR article 78 proceedings were brought to challenge regulations 10 NYCRR 400.15 and 700.4 filed by respondent Commissioner of Health on January 18, 1988. These regulations permit licensed practical nurses to perform specified intravenous therapy procedures in facilities which fall under the jurisdiction of Public Health Law articles 28, 36 and 40. Statutes within these articles...

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