NEW JERSEY v. NEW JERSEY STATE BD.


875 A.2d 247 (2005)

183 N.J. 605

NEW JERSEY ASSOCIATION OF NURSE ANESTHETISTS, INC., Appellant-Appellant, v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS, Respondent-Respondent. New Jersey State Society of Anesthesiologists, Respondent-Intervenor.

Supreme Court of New Jersey.

Decided June 29, 2005.


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 briefs).

Sharon M. Joyce, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney; Michael Haas, Assistant Attorney General, of counsel).

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 briefs).

Stephen M. Eisdorfer, Princeton, argued the cause for amicus curiae American Association of Nurse Anesthetists (Hill Wallack, attorneys).

Robert J. Conroy, Bridgewater, argued the cause for amicus curiae The Medical Society of New Jersey (Kern Augustine Conroy & Schoppmann, attorneys).

Brian Miller Adams submitted a brief on behalf of amicus curiae American Federation of Teachers (Canellis & Adams, attorneys).

Richard E. Shapiro, Princeton, submitted a brief on behalf of amicus curiae American Nurses Association (Mr. Shapiro, attorney; Alice J. Bodley, Washington, DC, a member of the District of Columbia bar and Winifred Y. Carson-Smith, a member of the Pennsylvania bar, on the brief).

Evan William Jahos, Little Silver, submitted a brief on behalf of amicus curiae New Jersey State Nurses Association (Jahos, Broege & Shaheen, attorneys).

Leon B. Savetsky submitted a brief on behalf of amicus curiae Health Professionals and Allied Employees, AFT, AFL-CIO (Loccke & Correia, attorneys).

Scott T. Kragie, Washington, DC, a member of the Ohio and District of Columbia bars, submitted a brief on behalf of amicus curiae American Society of Anesthesiologists (Kalison McBride Jackson & Murphy, attorneys).


PER CURIAM.

The background of this case is set forth in detail in the Appellate Division's decision. N.J. State Ass'n of Nurse Anesthetists, Inc. v. N.J. State Bd. of Med. Exam'rs, 372 N.J.Super. 554, 859 A.2d 1239 (App.Div.2004). For our purposes, the following facts are relevant. In May 1997, the State Board of Medical Examiners (BME) proposed...

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