Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-18

charged yesterday.
The prosecutor. who serves
to Practice the Healing Art in
AN unwiedly law for the long
delay in getting licenses sus-
pended or revoked.
Commissioner Robert E. Nc
ILaughlin, chairman Of the Com
mission on Licensure, said he
agreed with Mr.. Gasch.
Mr.. Gasch said he is drafting
Ia new law to present to the
Commission on Licensure. His
proposed law would give the
commission power 1t now lacks
Ito suspend or revoke licenses
while providing for a court re-
view Of its decisions. His pro-
Iposal would cut the time from
three years to six months.
Cases now going through the
long court process to get a license
yevoked involve doctors accused
variously Of raping patients. per-
forming abortions. narcotics adj
diction and alcoholism.
System Under Old Law
Under present law, dating back
to 1929, when the commission
gets a complaint against a doc
tor, the District Department Of
Occupations, and Professions
makes an investigation. If the
commission decides-at one OF
its four meetings a year-that
there is sufficient evidence to
warrant revocation or suspen-
sion Of a license, its only course
lis to call on the United States
Attorney to file a petition in
District Court.
an the normal course" Mr..
Gasch said. ''it takes a year and
Ia half to two years to get the
case tried in District Court.
Then, if the physician appeals,
another year elapses.
This situation demands cor
rection. particularly in view of
the fact that the doctor may
continue to practice in the
interim"
The prosecutor gave this case
as an example of the situation
he wants corrected:
In November. 1854, a doctor
was accused Of performing an
abortion resulting in the death of
the patient. He was not brought
to trial for lack of witnesses.
In March. 1855. the commits
sion held a hearing but the doc
tor failed to appear. The COM
mission heard the evidence and
decided to begin proceedings
against him.
Doctor Still Practicing
In July. 1855, the commission
filed a complaint in court seek
ing revocation of his license. The
case was calendared for trial in
September, 1855. 1t is not ex-
pected to be reached for trial
until April, 1857.
An investigation last month
showed the doctors Office was
full Of patients.
The Government has now filed
a motion for a preliminary in
junction to prevent him from
practicing medicine until the
case is decided. The motion
mentioned as an alternative that
the case be set for immediate
trial.
Mr.. Gasch said that even when
the case doesn't go on trial, 1t
still takes many months to get
"a license revoked. In the case
of Henry L. Peckham. convicted
abortionist, the petition was filed
in January and a motion for
summary judgment to revoke his
license was granted only last
month.
Other Cases Pending
-Four other cases are now
pending.
One involves a twice-convicted
narcotics violator whose license
was suspended for a year in an
other jurisdiction. A petition to
revoke his District license was
filed here in July, but ne was
not located until October. He
now has his Office in nearby
Maryland.
The second involves an ad-
mitted alcoholic. Police reported
several times last year that he
was found in an alcoholic stupor.
An unsuccessful effort was made
to persuade him to give up his
permit to write narcotics pre-
scriptions.
The commission decided TO
proceed against him last May
and he was finally located in
August in Oklahoma. Since he
has not answered the complaint
filed against him the Govern
ment will attempt to get a de-
fault judgment to revoke his
license.
The third case involves a ply
stefan convicted in December,
1855, Of conspiracy to commit