NEW JERSEY STATE ASSOCIATION OF NURSE ANESTHETISTS, INC., Appellant,
v.
NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS, Respondent.
New Jersey State Society of Anesthesiologists, Respondent/Intervenor.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 28, 2004.
Decided November 3, 2004.
Attorney(s) appearing for the Case
Alma L. Saravia, Cherry Hill, argued the cause for appellant (Flaster Greenberg, attorneys; Ms. Saravia and Vincent J. Nolan III, of counsel and on the brief).
Sharon M. Joyce, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Ms. Joyce, on the brief).
Joseph M. Gorrell, Roseland, argued the cause for respondent/intervenor (Wolf, Block, Schorr & Solis-Cohen, attorneys; Mr. Gorrell and John D. Fanburg, of counsel; Mr. Gorrell and Richard B. Robins, on the brief).
Stephen Eisdorfer, Princeton, argued the cause for amicus curiae for American Association of Nurse Anesthetists (Hill Wallack, attorneys; Mr. Eisdorfer, on the brief).
Robert J. Conroy, Bridgewater, argued the cause for amicus curiae The Medical Society of New Jersey (Kern, Augustine, Conroy & Schoppmann, attorneys; Mr. Conroy on the brief).
Jahos, Broege & Shaheen, Little Silver, attorney for amicus curiae New Jersey State Nurses Association (Evan William Jahos, on the brief).
Wolf, Block, Schorr & Solis-Cohen, Cherry Hill, and Scott T. Kragie (Squires, Sanders & Dempsey) of the Ohio and the District of Columbia bars, admitted pro hac vice, attorneys for amicus curiae American Society of Anesthesiologist (Joseph M. Gorrell and Scott T. Kragie, on the brief).
Before Judges LEFELT, ALLEY and FUENTES.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
ALLEY, J.A.D.
In recent years, physicians have been performing an increasing number of surgical procedures in their offices, rather than in hospitals. Often, certified registered nurse anesthetists ("CRNAs") or anesthesiologists have administered anesthesia during such office procedures. On May 19, 1997, the State Board of Medical Examiners ("BME") proposed regulations, subsequently codified at N.J.A.C. 13:35...
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