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OPTERNATIVE, INC. v. S.C. BD. OF MEDICAL

Opinion No. 5818.

433 S.C. 405 (2021)

859 S.E.2d 263

OPTERNATIVE, INC., Appellant, v. SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS and the South Carolina Department of Labor, Licensing & Regulation, Respondents, And South Carolina Optometric Physicians Association, Respondent.

Court of Appeals of South Carolina.

Filed May 5, 2021.

Rehearing Denied July 1, 2021.

Attorney(s) appearing for the Case

Miles Edward Coleman , of Greenville, and William C. Wood, Jr. , of Columbia, both of Nelson Mullins Riley & Scarborough, LLP; and Robert J. McNamara and Joshua A. Windham , of the Institute for Justice, of Arlington, Virginia, admitted pro hac vice, all for Appellant.

Eugene Hamilton Matthews , of Richardson Plowden & Robinson, P.A., of Columbia, for Respondents South Carolina Board of Medical Examiners and South Carolina Department of Labor, Licensing and Regulation.

Kirby Darr Shealy, III , of Adams and Reese, LLP, of Columbia, for Respondent South Carolina Optometric Physicians Association.

This appeal arises from Opternative, Inc.'s (Opternative) action challenging the constitutionality of sections 40-24-10 and 40-24-20 of the South Carolina Code (Supp. 2020). The trial court found Opternative lacked standing to challenge the statutes and granted summary judgment to the South...

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