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COM., BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS v. STATE BD. OF PHYSICAL THERAPY

728 A.2d 340 (1999)

COMMONWEALTH of Pennsylvania, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS v. STATE BOARD OF PHYSICAL THERAPY; Pennsylvania Physical Therapy Association, Mary Sinnott, P.T., and Larry P. Fronheiser, P.T., Intervenors. Appeal of Thomas A. Boch, D.C., Howard A. Bloom, D.C., Mark W. Bloom, D.C., Ronald A. Cologna, D.C. and Weathervane Chiropractic, Intervenors.

Supreme Court of Pennsylvania.

Decided April 20, 1999.

Attorney(s) appearing for the Case

James J. Kutz, Bridget E. Montgomery, Charles I. Artz, Harrisburg, for Thomas A. Boch, D.C.

Paul A. Tufano, General Counsel, Office of General Counsel, Robert J. DeSousa, Chief Counsel, Department of State, Bernadette Paul, Asst. Counsel, for Bureau of Professional and Occupational Affairs.

Richard B. Tucker, III, J. Kent Culley, John E. Graf, Pittsburgh, for PA Physical Theraoy Ass'n, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This appeal tests the constitutionality of a statutory provision that prevents chiropractors from advertising that they perform "physical therapy." The appellant chiropractors, Thomas A. Boch, Howard A. Bloom, Mark W. Bloom, and Ronald A. Cologna, and Weathervane Chiropractic, P.C., were charged with unlawful advertising under the Physical Therapy Practice Act (PT Act), 63 P.S. § 1304(a), (b.1). The...

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