Medical Society v. New Jersey Department of Law & Public Safety

The opinion of the Court was delivered by

POLLOCK, J.

At issue in this case is whether the State Board of Physical Therapy (the Board) acted within its delegated authority when it promulgated N.J.A.C. 13:39A-2.2(b), which specifies activities that a physical therapist may perform without physician direction. The Appellate Division decided that the rule exceeded the authority delegated to the Board under N.J.S.A. 45:9-37.18. 229 N.J.Super. 128, 550 A. 2d 1272 (1988). We granted the Board’s petition for certification, 117 N.J. 46, 563 A. 2d 815 (1989), and now reverse.

Few areas of governmental…