N.Y. State Ass'n of Nurse Anesthetists v. Novello,
No. 7303-00 (N.Y. Sup. Ct. Nov. 25, 2001)

The New York Department of Health (DOH) promulgated "guidelines" to regulate conduct in the administration of anesthesia during office-based surgeries. The DOH knew that its authority to pass rules and regulations was confined to hospital-based procedures, but tried to avert this by promulgating the code of conduct as a guideline. The state association challenged the validity of the guidelines and sought a permanent injunction barring their publication, distribution, and enforcement. The Supreme Court of New York held that the DOH violated the separation of powers doctrine and ruled that the legislature specifically reserved for itself the authority to regulate the office-based practices of physicians. It therefore awarded summary judgment to the association and granted the injunction.