Search Rutgers Law Library N.J. Court Opinions

1 NEW JERSEY STATE ASSOCIATION OF NURSE ANESTHETISTS, INC. v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS -- rank: 1000

... provisions of this article (section 45.9-1 et seq )." N.J.S.A. 45:12-9.12. As a result, "[t]he Board specifically may adopt rules ... that of the State Board of Optometrists. The enabling statute, N.J.S.A. 45:12-9.12, allowed optometrists to "practic[e] optometry at a rented location ... practice. Ibid. Claiming that it was authorized to act under N.J.S.A. 45:12-9.12, the Board of Optometrists adopted N.J.A.C. 13 ...

docket:	A2729-02
court:	NJ Superior Court Appellate Division
decided:	2004-11-03
status:	published
citation:	372 N.J. Super. 554 859 A.2d 123
Document Size:	31063

2 IN RE ADOPTION OF N.J.A.C. 13:38-1.3(f) BY THE STATE BOARD OF OPTOMETRISTS -- rank: 977

... 1992, well after the Kaufman decision, and reads as follows:          N.J.S.A. 45:12-9.12. Practice of optometry at retail store or office permitted if ... store "not bearing any relation to the practice of optometry," N.J.S.A. 45:12-9.12.     We now examine the regulation before us in this appeal ... the statute itself never authorized or even addressed.     The statute, N.J.S.A. 45:12-9.12, generally permits "practicing optometry at a rented location in a ... the optometrist is identified as an independent doctor of optometry ....         [ N.J.S.A. 45:12-9.12.] The specified exception that is relevant here is just that ... to have control and influence of the nature forbidden by N.J.S.A. 45:12-9.12.     Accordingly, we hold that N.J.A.C. 13:38 ...

docket:	a5539-99
court:	njappellate
decided:	2001-06-29
status:	published
citation:	341 N.J. Super. 536
Document Size:	23111