POTOMAC VALLEY ORTH. v. BOARD OF PHYSICIANS

No. 18, September Term, 2008.

12 A.3d 84 (2011)

417 Md. 622

POTOMAC VALLEY ORTHOPAEDIC ASSOCIATES, et al. v. MARYLAND STATE BOARD OF PHYSICIANS, et al.

Court of Appeals of Maryland.

January 24, 2011.


Attorney(s) appearing for the Case

Howard R. Rubin ( William E. Copley of Sonnenschein Nath & Rosenthal LLP, Washington, D.C.), on brief, for appellants.

Thomas W. Keech , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for appellees.

Gary R. Alexander ( James K. McGee of Alexander & Cleaver, P.A., Fort Washington, MD), on brief, for appellees.

William J. Murphy, Esq. , John J. Connolly, Esq. , Murphy & Shaffer LLC, Baltimore, MD, for Amici Curiae brief of the American Association of Orthopedic Surgeons, American College of Surgeons, American Urological Association, American Association of Neurological Surgeons, American Academy of Neurology, and American Gastroenterological Association.

Seth A. Rosenthal, Esq. , Kristin M. Koger, Esq. , Venable LLP, Rockville, MD, for Amicus Curiae brief of the American College of Radiology.

Shari Ross Lahlou, Esq. , Crowell & Morning LLP, Washington, D.C., for Amicus Curiae brief of the American Society for Therapeutic Radiology and Oncology.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


MURPHY, J.

This case presents an issue of statutory interpretation that arises out of a "DECLARATORY RULING" requested pursuant to Section 10-304(a) of the State Government Article (SG), and issued on December 20, 2006 by the Maryland State Board of Physicians (the Board) pursuant to SG § 10-305(a). After that ruling was affirmed by the Circuit Court for Montgomery County pursuant to SG § 10-305(c), the Appellants—twelve medical practices that specialize...

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