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In re Weston

Decided: December 18, 1961.

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSES OF ALBERT WESTON AND LIONEL WESTON, TO PRACTICE OPTOMETRY IN THE STATE OF NEW JERSEY. ALBERT WESTON AND LIONEL WESTON, APPELLANTS, AND NEW JERSEY STATE BOARD OF OPTOMETRISTS, RESPONDENT


For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. For reversal -- None. The opinion of the court was delivered by Schettino, J.

Schettino

The sole issue before us is the validity of Rule #8 of the New Jersey State Board of Optometrists which requires optometrists to make a minimum examination, hereinafter detailed, before prescribing eyeglasses for a patient.

Appellants had been convicted by the Board of violating Rule #8 and had taken an appeal to the Appellate Division. While the appeal was there pending, we certified it on our own motion. R.R. 1:10-1(a). Appellants there contended that Rule #8 was an invalid regulation and that the Board of Optometrists had discriminated against them in the enforcement of said rule.

At oral argument, we concluded that the record was inadequate to determine these issues. Pursuant to R.R. 4:88-9, we directed the Law Division to take testimony and to make findings of fact on these two issues. Before the Law Division, the Board stipulated that it would dismiss the charges against appellants. Appellants thereupon withdrew the charge of discrimination against the Board, leaving for determination, as stated above, the validity of Rule #8.

The trial court held that Rule #8 is a reasonable and necessary regulation for the protection of the public health, welfare and safety.

Rule #8 states:

"As authorized under Chapter 45:12-11(v); Revised Statutes (Optometry Law), an optometrist shall make a complete minimum

examination and shall keep a record of the following conditions of every patient examined:

1. Complete history

2. Naked visual acuity.

3. Detailed report of the external findings.

4. Ophthalmoscopic examination (media, fundus, blood ...


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