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5 N.J.A.R. 496

Guerrero, Floro M.D. and Connolly, Genevieve M.D., In the Matter of the Suspension or Revocation of the License of
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Citation: 5 N.J.A.R. 496
Decision Date: 1979
Synopsis: Motion to suppress transcript of physician's testimony before Board of Medical Examiners during an investigation of a possible violation of New Jersey's Medical Practice Act, N.J.S.A. 45:9-1 et seq., denied where letter requesting attendance at that appearance indicated: the nature of the proceedings, the possibility of charges being brought, the physician's right to have an attorney present and the right to present evidence. The failure to tell the physician that anything she said could be used against her, while not the preferred practice, did not violate due process or fundamental fairness since Miranda warn- ings are inapplicable to an investigatory administrative proceeding. Marc Arnold, Deputy Attorney General, for the State Board of Medical Examiners (John J. Degnan, Attorney General of New Jersey, attorney) Susan P. Van Derenter, Esq., for Genevieve W. Connolly, M.D. (McDonough, Murray & Korn, attorneys) Steven Aiken, Esq., Floro G. Guerrero, M.D. (Mc Menaman & Grasso, attorneys)
Statute(s) Cited: 45:9-1 et seq.