HOFFMAN v. OHIO STATE MED. BD.

No. 2005-1754.

113 Ohio St.3d 376 (2007)

2007-Ohio-2201

HOFFMAN, APPELLANT, v. STATE MEDICAL BOARD OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided May 23, 2007.


Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan, Aronoff, L.L.P., N. Victor Goodman, C. David Paragas, Marc S. Blubaugh, and Jennifer M. Turk, for appellant.

Marc Dann, Attorney General, Brian Laliberte, Deputy First Assistant Attorney General, Elise Porter, Acting State Solicitor, Stephen P. Carney, Deputy Solicitor, Lawrence D. Pratt, and Rebecca J. Albers, Assistant Attorneys General, for appellee.

Colleen Treml; Janet L. Miller; Taft, Stettinius Hollister, L.L.P., and Robert E. Rich; Elayne R. Biddlestone; Lagos Lagos, P.L.L., and James H. Lagos; Eastman & Smith, Ltd., and Kevin Devaney, urging reversal on behalf of amici curiae Case Western Reserve University, University Hospitals of Cleveland, the Anesthesia Associates of Cincinnati, the Academy of Medicine of Cleveland/Northern Ohio Medical Association, McCallum Robinson Hoyt, M.D., M.B.A., Mercy Anesthesiologists, Inc., and Medical College of Ohio Physicians, L.L.C.

Samuel B. Weiner Co., L.P.A., and Samuel B. Weiner, urging reversal for amici curiae the American Academy of Anesthesiologist Assistants and the Ohio Academy of Anesthesiologist Assistants.

Chester, Willcox Saxbe, L.L.P., Sarah D. Morrison, and Charles R. Saxbe, urging affirmance for amicus curiae Ohio Society of Anesthesiologists.


LANZINGER, J.

{¶ 1} This discretionary appeal presents the question of whether Ohio Adm. Code 4731-24-04(A), which prohibits anesthesiologist assistants from performing epidural and spinal anesthetic procedures, conflicts with R.C. 4760.09, which permits anesthesiologist assistants to assist supervising anesthesiologists with the performance of a variety of procedures. We hold that because there is a conflict, the Ohio Administrative...

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