The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-18
ron A NURSES, MONOPOLY.
Seeley Of steubea's Latt1e At - Anees
the Public Health Law.


the Public Health Law.
To THE EDITOR or THE suN-str: joins
seeley Of Steuben has reintroduced his
measure Of last year In the Senate en-
titled IAN act to amend the Public Health
Law, relative to the practice OF nursing"
An analysis Of his bill shows conclusvely
that Il 10 merely making q plaything OF
the sovereign powers Of the state In an
EFFORT to create q monopoly IN nursing.
without going into It's history or attempt
Ing TO point out the many obvious con-
cessions TO the selfish purposes OF prt-
vate corporation known a. the New York
state Nurses Association, let me briehy
call attention to the childish effort TO
override the constitutional right Of the
citisen8 Of this state to make use OF
the one word In the English language
which describes the occupation Of caring
for the sick and afiicted.
Section use Of this proposed act pro-
vides that q ''person shall not practise
as q nurse or hold himself or herself out
as a nurse or use the term nurse or
registered nurse or other words or let
nurse and entitled TO practise A. a nurse
unless a certificate has been issued to
such person authorizing him or her to
practise as 4 nurse a. provided In this
article" This provision Of the proposed
act 10 20 obviously unconstitutional, 10
so clearly an invasion Of the rights Of
citizenship that no authority need be
cited, though II may not be out Of place
TO call attention to the fact that our Court
Of Appeals. In Schnaier w. Navarro Hotel
and Importation Company GS3 N. T., 50.
$50. lays down the propositions that the
common business and callings Of life,
the ordinary trades and pursuits which
are innocent in themselves. and have been
followed in all communities from time
impemorial. must, therefore. be free In
this country to all alike upon the same
terms" and that the liberty Of pursuit.
the right to follow any. Of the ordinary
callings OF life, Ii one bf the privileges
Of citizens Of the United States" and
such privileges the States are. by the pro-
visions Of the Fourteenth Amendment Of
the Federal Constitution. forbidden to deny
or abridge. Indeed, the proposed act It.
self practically comedies that this section
standing by itself would be unconstitu-
tional. but with the tricky conceptions
OF mere pettifogger II seeks to get the
effect by using positive language OF pro-
hibition, and then limiting the language
by definitions. AZ In section ESQ. where II
is provided that Ito practise as nurse.
within the meaning Of this article. shall
include the care Of the sick or injured as
a nurse or registered nurse. The provi-
sions hereof shall not prevent or prohibit
the performance Of services. either with
or without compensation. In caring for
| the sick or Injured by any person as a
trained attendant or in any manner other
than az a nurse or revistered nurse"
Just think Of III The. state of New
York is asked to say In one paragraph OF
the proposed act that "a person shall not
nr.eti.e as a nurse or hold himself or
| herself out AZ n nurse" and in another
| IN declare that ne NAV perform the exac,
.srvices which are reouired of a nurse
on,y ne must no, do this as a nurse; he
4 ,uust M, admit tn the public or TO the
patient that he liz a nurse unless he has
The consent OF the New York state Nurses
| A.sociation. priyste CORPORATION. for
| mi. in the last analysts Ia the purpose OF
\ the act In other words. the liberty OF
sn..ch and Of tho press. which under the
| nro,isions NJ .ac,ion 4 Of Article l. of tn.
| state Constitution in not to be restrained