Lemmon Co. v. New Jersey State Board of Medical Examiners

The opinion of the court was delivered by

MORGAN, J. A. D.

At issue in this appeal is the validity of a regulation adopted by the Board of Medical Examiners (hereinafter “Board”) which, in explicit terms, proscribes physician use of amphetamines or amphetamine-type drugs, classified as Schedule II controlled dangerous substances, in the treatment of exogenous obesity.

N.J.A.C. 13:35-6.16 provides:

Uses of amphetamines and sympathomimetic amine drugs(a) No physician shall prescribe, order, dispense, administer, sell or transfer any amphetamine or sympathomimetic amine drug or. compound designated…