
    [No. 63695-8.
    En Banc.]
    Argued September 25, 1996.
    Decided December 18, 1997.
    David J. McIntyre, Petitioner, v. The Department of Health, Medical Disciplinary Board, Respondent.
    
    
      
      Graham & James, L.L.P.I Riddell Williams, P.S., by Joseph E. Shickich, Jr., for petitioner.
    
      Christine O. Gregoire, Attorney General, and Maureen A. Mannix, Assistant, for respondent.
    
      Andrew K. Dolan on behalf of Washington State Medical Association, amicus curiae.
    
      Michael Romansky and Donna M. Moniz on behalf of Outpatient Ophthalmic Surgery Society, amicus curiae.
    
      Alan E. Reider and James P. Mercurio on behalf of Society for Excellence in Eyecare, amicus curiae.
   Per Curiam

— One of the Justices of this court having recused, this case was argued to the remaining eight Justices. These eight Justices are divided in their opinions, and there is no majority for either affirmance or reversal as required by Const, art. IV, § 2. Therefore, the decision of the Court of Appeals affirming the Medical Disciplinary Board is affirmed.  