The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-26
THE PRACTICE OF MEDICINE.
Acknowledgement Hord's Interpretation
Of the Shiyely Medical Law.
lie Says that All Recognized Schools of Med
icine Stand Equal Before the Law,
and Are Equally Reputable.

regulate the practlce or medlclne! is a question
which was submitted to Attorney-general Hord
several days ago by DR.. Metcalf, the secretary of
the State Board or Health. The question, Of
course, relates to the validity of the Shively law,
regulating the practice of medicine, which was
enacted at the last session of the Legislature.
The opinion of the Attorney general upon the
law, and different questions regarding it, has
been awaited by members of the medical pro
fession with some impotence. The delay in an
swering' the 1nterrogatories which were pro-
pounded to him was caused by the deliberate
care given to the preparation of
his opinion. which, it is believed, fully
covers all questions regarding the law which
have been asked. In answer to the question
quoted above, the Acknowledgement says: 1.-THE
right of every person to pursue any lawful call
ing he may see fit, and to do so in his own way,
not encroaching on the rights of others, is
recognized in this country, subject to such re-
strlctionS as may be deemed necessary for the
public welfare, and none other. The General
Assembly may require the possession of certain
cal profession. The right to reasonably
regulate the practice of medicine rests
on the police power Of the State, which
extends to the protection of the lives, limbs,
health, comfort and quiet of all persons within
the State. 1t subjects persons and property to
burdens and restraints, in order to secure the
general comfort, health and property of the
State. The vocation of the physician is laudable
and lawful, and the right of any person to en-
gage in it is subject to such restrictions only as
the Legislature may reasonably impose, in the
exercise of its general police power. Laws of
this kind have been sustained by the courts, and
held to be constitutional"
What constitutes a reputable medical college,
T1n1nn nfInn y Of n ofy1f nn1 v D-s
dence is required thereof" is another question
p%ropounded by the Secretary of the Board of
Health.
No particular school or system of medical
practice the Attorney general answers, lis
preferred by the law, and no rights are conferred
upon one not accorded to all, and a practitioner
in his treatment is to be tested by the general
doctrines of his school, and not by those of other
schools and systems of medicine. All recog-
nized schools and systems of medicine stand
The statute does not require the med
ical college to be incorporated from
which the certificate or diploma is derived.
Every institution, whether Incorporated or un.
incorporated, organized in good faith for scien-
tlfic instruction in medicine, surgery or obstet-
RIGS, and in which such scientific instruction is
systematically impaired, without regard to the
school of medicine under whose control or man
agement it is. is a reputable medical college
within the meaning of the statute. The gradua-
" ~ pbo pAO " oSOllCS / W OH
said statute, is not limited to an institution
within the State of Indiana or the United States.
Under the statute, when an applicant shall
file with the clerk his or her affidavit, stating
that such applicant has regularly graduated in
some reputable medical college, and shall ex-
hibit to such clerk the diploma held by such APP.
plicant, it becomes the duty of the clerk to issue
to such applicant a license to. practice his pro-
fession. This is the only condition prescribed by
the statute, and the officer cannot require more
Of such applicant"
Will a physician holding acertifcate of mem
bership Of fifteen years standing in a homeo-
pathic medical societyof another State, and has
had ten years, though not continuous practice in
Indiana, be entitled to q license to practice
medicine in Indiana9"
"a certificate of membership in a medical
society confers no rights under the statute. The
statute requires the clerk to issue a license to
three classes Of physicians: l. Where the physi-
clan has regularly graduated in some reputable
medical college and has received a diploma. 2.
Where he has resided and practiced medicine,
surgery and obstetrics in this State continuously
for ten years Immediately preceding the date of
the taking effect of the statute. 3. Where he
has resided and ~practiced medicine, surgery and
obstetrics in this State continuously for three
years Immediately preceding the date of the
taking effect of this act, and has
attended one full course of lectures
The letter Of the statute requires the applicant
to have resided ana p~racticed medicine, surgery
and obstetrics in this State continuously for ten
years. A similar statute has been sustained and
held to be constitutional. The letter of our
statute also requires the applicant to have prac-
ticed medicine, surgery aud obstetrics in this
State continuously for ten years Immediately
preceding the date of the taking effect of the
statute. In Vert VS.. Clutter (37 Ohio ST., 347) it
was held that such ten years of continuous
we'll as before the taking effect of the
statute, but the statute in Ohio is unlike our
statute on this subject. In ex parte Spenney
no New, 1913, Beatty, j., held that there is some
reason for requiring ten years practice in this
State as a qualification for the continued prac-
tice of medicine or surgery, but there is no sort
of reason for requiring that practice to have
extended over the particular ten years 'immedi-
ately preceding the enactment of the law" and
to this extent the law is unconstitutional. To
feet statute, emitting only the words next pre-
cedirg the passage of this act" In this latter
proposlton there was no concurrence by the
other Judges, but Hawley, G. j., held said
follow the letter of the statue, which declares
that the applicant must have resided and prac-
ticed medicine, surgery and obstetrics in this
State continuously for ten years Immediately
preceding the date OF the taking effect of the
statute, before a license may be issued. The
term continuous practice in the sense Of the
statute, does not mean constant practice, never
ceasing. 1t is not necessary that a physician
shonld have a patient each day
during the ten years Immediately
preceding the operation of the statute, to have
been in continuous practice and to obtain a
license. If for said time the practice of medi-
cine, surgery and obstetrics has been his profes-
sion and business; and he has not wholly aban-
doned it for another occupation, and he has
p~racticed his profession as often as he has had
requests and occasion to do so, / think he may
be deemed to have continuously p~racticed medi-
cine, surgery and obstetrics for ten years
Immediately preceding the operation of the
and statute, he is entitled to a license
us a certificate of membership from either
State medical society of this State sufficient to
entitle the holder to a license to practice medi-
cine in the State, provided the holder has never
attended a medical school, and has not been in
continuous practice in the State for ten years
previous to the taking effect of the medical act?n
mo"
"Does the statute apply to a person who un-
dertakes to cure diseases by manipulating the