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Challenge of board regulation must go through administrative appeal before judicial appeal

Credit: NIH

The Appellate Division of the New Jersey Superior Court held August 16 that a challenge to a board regulation by the state's dental association must be dismissed because the Association did not exhaust its administrative remedies before bringing a judicial claim.

The plaintiff in the case, the New Jersey Dental Association, brought a case against the State Board of Dentistry over the board's regulation of cosmetic procedures. The board allowed dentists who practice as oral and maxillofacial surgeons to inject pharmacologics such as Botox into patients' foreheads and orbitals but prohibited non-specially-trained dentists from engaging in . . .

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