Masland v. Bachman

OPINION OF THE COURT

ROBERTS, Justice.

The question presented in this appeal1 is whether the regulation promulgated by the Pennsylvania Department of Health (Department) subjecting office laboratories of private physicians to regulation under the Clinical Laboratory Act2 (the Act) is a valid exercise of the Department’s rule-making power.

The Act provides that “clinical laboratories” are subject to regulation by the Department. Section 2152 of the Act defines a “clinical laboratory” as “any place, establishment or institution organized and operated primarily for the performance of all or any…