SPINE DIAGNOSTICS. v. LA. BD. OF NURSING

No. 2008 CA 0813.

4 So.3d 854 (2008)

SPINE DIAGNOSTICS CENTER OF BATON ROUGE, INC. v. LOUISIANA STATE BOARD OF NURSING through LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS, and August J. Rantz, III.

Court of Appeal of Louisiana, First Circuit.

December 23, 2008.


Attorney(s) appearing for the Case

John P. Wolfe, III, Chad A. Sullivan, Tiffany N. Thornton, Michael M. Thompson, Rebecca H. Klar, Baton Rouge, LA, for Plaintiffs-Appellees, Spine Diagnostics Center of Baton Rouge, Inc. and The American Society of International Pain Physicians.

Nicholas Gachassin, III, Lafayette, LA, for Defendant-Appellee, August J. Rantz, III.

Christopher L. Whitington, Baton Rouge, LA, for Intervenor-Appellee, Louisiana Society of Anesthesiologists.

E. Wade Shows, Jeffrey K. Cody, Baton Rouge, LA, for Defendant-2nd Appellant, Louisiana State Board of Nursing.

Sheri M. Morris, Larry M. Roedel, Edward J. Walters, Jr., Michael A. Patterson, Baton Rouge, LA, for Intervenor-1st Appellant, Louisiana Association of Nurse Anesthetists.

Dominic J. Gianna, New Orleans, LA, for American Association of Nurse Anesthetists, Amicus curiae.

Stephen M. Pizzo, Guice A. Giambrone, III, Kelly A. Dugas, Metairie, LA, for Louisiana Association of Nurse Practitioners, Amicus Curiae.

Rodney C. Braxton, Baton Rouge, LA, Alice L. Bodley Silver Spring, MD, for American Nurses Association, Louisiana State Nurses Association, and Louisiana Alliance of Nursing Organizations, Amici Curiae.

Clark R. Cosse', III Baton Rouge, LA, for Louisiana Hospital Association, Amicus Curiae.

Thomas G. Abram Chicago, IL, for National Council of State Boards of Nursing, Inc., Amicus Curiae.

Before PETTIGREW, McDONALD, and HUGHES, JJ.


PETTIGREW, J.

In the instant case, appellants challenge the trial court's judgment granting injunctive relief in favor of plaintiffs. Following this court's review of the record and relevant law, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

On March 24, 2005, August J. Rantz, III, a certified registered nurse anesthetist ("CRNA"), submitted a petition for an advisory opinion to the...

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