Nev. Osteopathic Med. Ass'N Vs. Governor

• Court: Nevada Supreme Court
• Decided: November 20, 2020
• Docket: 81734
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NEVADA OSTEOPATHIC MEDICAL No. 81734 ASSOCIATION, A NEVADA DOMESTIC NONPROFIT COOPERATIVE CORPORATION; AND BRUCE FONG, DO, HMD, AN INDIVIDUAL, FILE Appellants, NOV 2 0 2020 vs. A. 61.'1014 :UPREME COURT THE HONORABLE STEVE SISOLAK, AS GOVERNOR OF THE STATE OF DEP 1Y CLERK

NEVADA; NEVADA STATE BOARD OF PHARMACY, AN ADMINISTRATIVE AGENCY OF THE STATE OF NEVADA; AND STATE OF NEVADA, CHIEF MEDICAL OFFICER, IHSAN AZZAM, PH.D., M.D., Respondents.

ORDER DISMISSING APPEAL

This is an appeal from an order denying an emergency petition for a preliminary injunction. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge. On March 23, 2020, Governor Sisolak issued an emergency regulation limiting Nevada health practitioners from prescribing hydroxychloroquine and chloroquine. Appellants filed an emergency petition for a preliminary injunction to enjoin enforcement of the regulation and to permit them to prescribe the drugs as they deemed necessary. The district court denied the petition, and appellants appeal. Respondents have filed a motion to dismiss the appeal on the ground that the appeal is moot because Governor Sisloak's order expired by operation of law on July 21, 2020, and the issue is no longer viable. See NRS 233.0631(4). Appellants

4•Y tY, oppose the motion and argue the issues are capable of repetition yet evading review. Respondents have filed a reply. Having considered the arguments of the parties, this court concludes that the issue on appeal is moot and not subject to an exception. While "other administrative agencies will enact emergency regulations in the future, the issues raised in those potential future cases would not be similar to the issues presented in this appeal." Indep. Alcohol Distribs. of Nev., Inc. v. State Dep't of Taxation, Docket No. 73883 (Order Dismissing Appeal, Nov. 28, 2018). The motion to dismiss is granted, and this court ORDERS this appeal DISMISSED.

Parraguirre

/ Hardesty

J. Cadish

cc: Hon. Scott N. Freeman, District Judge Joey Gilbert Law Humphrey Law PLLC Attorney General/Carson City Courtney K. Lee Attorney General/Las Vegas W. Brett Kandt Washoe District Court Clerk

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