HIRSCH v. N.J. STATE BD. OF MED. EXAM.


252 N.J. Super. 596 (1991)

600 A.2d 493

STUART A. HIRSCH, M.D.; THE MEDICAL SOCIETY OF NEW JERSEY; AND THE NEW JERSEY SOCIETY OF OSTEOPATHIC PHYSICIANS AND SURGEONS, PLAINTIFFS-APPELLANTS, v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1991.


Attorney(s) appearing for the Case

Steven I. Kern argued the cause for appellants (Kern, Augustine, Conroy & Isele, attorneys; Steven I. Kern and Michael J. Schoppmann on the brief).

Steven N. Flanzman, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Steven N. Flanzman on the brief).

Before Judges COLEMAN, J.H., BILDER and STERN.


The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

This is an appeal from the decision of the New Jersey State Board of Medical Examiners (Board) requiring physicians and podiatrists, as part of their biennial license renewal application, to answer certain questions which some licensees found to be objectionable. The pivotal issue raised in this appeal is whether a licensee can assert the Fifth Amendment...

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