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

No. 328PA96.

483 S.E.2d 388 (1997)

ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle), Steven Harris, and John Doe, 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.

Supreme Court of North Carolina.

April 11, 1997.

Attorney(s) appearing for the Case

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

Michael F. Easley, Attorney General by Mabel Y. Bullock, Special Deputy Attorney General, for defendant-appellees.

Hunton & Williams by Craig A. Bromby, Raleigh, on behalf of American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

FRYE, Justice.

This case involves the adoption of a rule by the Commission for Health Services eliminating anonymous HIV testing by local health departments effective 1 September 1994. In light of the statutes providing for judicial review of agency decisions, we hold that, upon plaintiffs' petition for judicial review, the superior court did not err in affirming the decision of the Commission. Therefore, we must reverse the decision of the Court of Appeals.

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