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.