The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-02
OSTVOPATH NOT A PHYSICIAN
so CORPORATION COUNSEL SAYS
COURTS MAY DECIDE.

NNN ANHlNANN VaNNupaAHa - Ah@N ~
should Decline 10 Receive Their Death
Certincates-SuEEeSts = Test case
As the result OF an opinion prepared by
acting Corporation Counsel George h.
Sterling at the request Of Health Commits
sioner Darlington the osteopaths OF this
city will probably bring a mandamus pro-
ceeding in the Supreme Court TO obtain Q
&. final Interpretation Of the law passed last
year by the Legislature legarzing the prao-
tice Of ostsopathy, q law which made, how
ever, certain reservations that are objected
to by the osteopathB.
The ~osteopaths have made a long fight to
obtain the same standing ss doctors OF
medicine, the right TO issue death certit-
Gates being one ofthe privileges they sought
most TO obtain. Some time ago an osteo-
path OF Brooklyn, DR.. Charles ]. Bandel:
! presented a death certificate TO the Board OF
| Health, which was refused by DR.. Darling
ton on the ground that the law did not per
init. In order that an Interpretation OF the
Law might be secured DR., Darlington
submitted a number Of questions to tine
! Corporation Counsel. The more important
were:
Should a person authorized 10 practise
osieopathy in accordance with Chapter
3II Of the Laws OF 1907 and who is not an
NJ. u. be registered by the Board OF Health
under section 100 Of the register, and has
such q person a legal right TO demand reg
i~stration here2
Assuming a doctor OF o%steopathy has q
legal right TO register in this department
as q physician, does II legally follow that
the Board Of Health is obliged TO accept a
certificate and register Of death presented
by such a practitioner, and is the board
bound legally 10 issue a burial permit to
bury the body Of q person whose death Is so
reported?
Mr.. Sterling in his opinion declares
that the holder OF a license 10 practise oste-
opathy should not be registered by the
Health Department as a physician. he
cites that the act defining a person who
NAV practise medicine excludes a doctor
Of osteOpathy. He points out that the
practice OF ~osteopathy Is mentioned by
the law as being entirely distinct from
the practice Of medicine. The statute,
Mr.. Sterling Is Of opinion, recognizes o.
teopathy but does not define It. Mr.. Ster-
ling says
The present law. as we have seen, defines
physician and the practice Of medicine and
uses the significant langua ge, except as
hereinafter stated.
After a careful reading Of the statute am
Of the opinion that the holder Of a license
10 practise ~Osteopathy should not be regis
tered In your department as a physician.
The definition OF a person practiclng medi-
cine. as given by the act. excludes a doctor
Of ~osteopathy. The practice Of osteopathy
lie mentioned as distinct from the practice Of
medicine. The act recognizes ~osteOpathy,
but does not define It. The result is that the
holder OF a license to practise osteopathy is
not allowed TO practise medicine except so
far az osteopathy enters into the practice Of
medicine. fhe holders Of such a license
derive from the act no new right except the
privilege Of practising osteopathy, provid-
ing neither drugs nor surgical instruments
are used.
beg further 10 advise you that though
your board may amend the Sanitary Code
by requiring ~ostepodths TO register as such
in your department, they should not be con-
sidered physicians within the meaning Of
statutes and or%dins relating to physi-
clans in the death Of a person.
The foregoing has been written from q
legal standpoint, but whether or not it Is
correct from that standpoint there are
other reasons Of great importance why, in
my opinion, the Board OF Health should de-
cline 10 treat osteOpaths as in all respects
regular physicians until the matter has been
passed upon by the courts. The question is
one Of great Importance, not only to the
large body Of regular physicians, but also
TO the community as u whole. The proposed
innovation should therefore not be allowed
except after 4 hearing Of all persons in
terested and after the whole matter has
been thoroughly investigated aud passed
upon by the courts.
I think IL would be going altogether too
fer IL The Board Of Health, either on lis own
responsibility or az the result Of advice
that the Corporation Counsel might give,
should take the step PROPOSED. II is very
easy for the osteopaths 10 take action in
court, perhaps by way Of an application for
writ Of mandamus, which would bring the
" hole question before the courts, and where
no doubt ell persons could he heard. Should
such a proceeding be brought il would seem
10 me that the various medical organizations
In the city should be informed. so that they
could make application 10 he heard before
the ,Vu,t, aaa tac!r VIEWS C"H a. 'he rp"ts
bearing upon the subject could he presented
TO the court aud passed upon iudiciallv.
DR.. Darlington said yesterday afternoon
that he had no doubt that osteUpaths would
take the action outlined by Mr.. Sterling
application for a writ OF mandamus 10
compel the board TO accept their death
certificates and TO register them as ply
sicians. In that event Mr.. Sterling's further
suggestion that the medical organizations
be officially informed would be carried
out by his department.