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ACT-UP TRIANGLE v. COM'N FOR HEALTH SERV.

No. COA95-843.

472 S.E.2d 605 (1996)

ACT-UP TRIANGLE (AIDS COALITION TO UNLEASH POWER TRIANGLE), Steven Harris, and John Doe, Plaintiffs-Appellants, v. COMMISSION FOR HEALTH SERVICES OF the STATE OF NORTH CAROLINA, Dr. Jesse Meredith, in his official capacity as Chairman of the Commission for Health Services of the State of North Carolina, Dr. Ronald H. Levine, in his official capacity as State Health Director and Assistant Secretary of Health of the State of North Carolina, Mr. Jonathan Howes, in his official capacity as Secretary of the Department of Environment, Health, and Natural Resources of the State of North Carolina, and Ms. Debby Crain, as Director of the Division of Public Affairs, Department of Environment, Health and Natural Resources of the State of North Carolina, Defendants-Appellees.

Court of Appeals of North Carolina.

July 16, 1996.

Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A. by Stewart W. Fisher, Durham, for plaintiffs-appellants.

Attorney General Michael F. Easley by Special Deputy Attorney General Mabel Y. Bullock, and Associate Attorney General Grady L. Balentine, Jr., for defendants-appellees.

PER CURIAM.

On 22 April 1994, plaintiffs ACT-UP Triangle (AIDS Coalition to Unleash Power Triangle), Steven Harris, and John Doe filed a "Petition for Amendment of Administrative Rule 15A NCAC 19A.0102(a)(3) with the Commission for Health Services (Commission)." The then existing rule would have eliminated anonymous HIV testing by local health departments by 1 September 1994. Plaintiffs' proposed rule would have extended anonymous HIV testing indefinitely and repealed...

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