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In re Suspension or Revocation of License of Samuel Portugal

Decided: February 18, 1957.

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF SAMUEL PORTUGAL, O.D., TO PRACTICE OPTOMETRY IN THE STATE OF NEW JERSEY


Goldmann, Freund and Conford. The opinion of the court was delivered by Goldmann, S.j.a.d.

Goldmann

Complaint was brought against Dr. Samuel Portugal, a duly licensed optometrist of this State, for violating the provisions of N.J.S.A. 45:12-11(h) "in that he caused or permitted the insertion of an advertisement" in the March 21, 1956 issue of Diario De Noticias and the April 5, 1956 issue of Luso-Americano , Portuguese language newspapers, "which contained such information as goes beyond that permitted by section 45:12-11(h) and which also exceeded the information that is permitted on a professional card as defined in section 45:12-11(h) of the Revised Statutes." After a full hearing, the State Board of Optometrists suspended Dr. Portugal from the practice of optometry for a period of one week. He appeals pursuant to R.R. 4:88-8 and N.J.S.A. 45:12-14.

Appellant stipulated that the following advertisement appeared in Portuguese (except for the first and last two lines) in the two newspapers on the dates mentioned:

"DR. SAMUEL PORTUGAL

OPTOMETRIST

EXAMINATIONS OF EYES

Official Doctor of the Portuguese Sport Club

1182 Raymond Blvd.

Newark, N.J.

Tel. MArket 2-6758"

It is further stipulated that both newspapers circulate in New Jersey and that Dr. Portugal paid for the advertisements. The Board found that the information "Official Doctor of the Portuguese Sport Club" offended the statutory provision.

The advertisement was first inserted in the papers by Dr. Portugal in 1945, and was continued by him thereafter. He testified that on ...


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