59 Wash. 314 | Wash. | 1910
These cases involve the construction of chapter 192, Laws of 1909, p. 677 (Rem. & Bal. Code, § 8386 et seq.), relating to the practice of medicine and other systems or modes of treating the sick or afflicted. There are certain undisputed facts, alike in each case, which we regard as determinative of the right of each applicant to practice his or her mode of treatment. We will therefore dispose of all the cases in this one opinion.
Each of these applicants filed with the board of medical examiners created by this law an application for a license to practice, claiming the right to a license under the provisions of the law relating to the licensing of persons who were engaged in practice of their respective modes of treatment prior to the passage of the law. The board refused to issue license in each case, and thereupon each applicant appealed to the superior court, where his or her right to a license was tided de nono as the law provides. These trials resulted in findings and judgment in each case, reversing the decisions of the board of medical examiners and directing a license to be issued to each of the applicants accordingly. From these judgments, the board of medical examiners has appealed to this court.
The learned trial court found in substance, and it is not disputed here, that each of these applicants was for more than two years prior to March 18, 1909, the date of the approval of the law, a resident of this state, and had for the same period been in continuous practice in one locality in this state, of his or her respective mode of treatment. We will consider the question of the right of these several applicants to a license as if these facts constituted the only ground upon which they base their claims, other than the payment of the license fee, though some of the applicants base their claim upon facts which they insist show additional
*317 “Sec. 1. The governor shall appoint a board of medical examiners to be known as the board of medical examiners of the state of Washington, . . .” Rem. & Bal. Code, § 8386.
“Sec. 4. Any person who treats the sick or afflicted may register his or her diploma with the board of medical examiners, and receive a license to practice his or her respective mode of treatment, by paying a fee of ten dollars, which fee shall go towards defraying the expenses of said board: Provided, That he or she show evidence satisfactory to said board that he or she has been legally engaged in such practice prior to the passage of this act, in the state of Washington, and is a graduate of a legally incorporated school or college teaching the system or mode of treatment which the applicant intends or claims to follow, wherein the course comprises actual attendance and completion of two years of ten months each, or four terms of five months each, and the curriculum of study includes instruction in the following branches, to wit: Anatomy, physiology, chemistry and toxicology, bacteriology, gynecology and obstetrics, histology, hygiene, pathology and general diagnosis; or by having been in continuous practice in one locality in this state for the past two years; . . Rem. & Bal. Code, § 8389.
“Sec. 6. In order to procure a certificate to practice medicine and surgery, the applicant for such certificate must file with said board at least two weeks prior to a regular meeting thereof, satisfactory testimonials of good moral character, and a diploma issued by some legally chartered medical school, the requirements of which shall have been at the time of granting such diploma in no particular less than those prescribed by the association of American medical colleges for that year, or satisfactory evidence of having possessed such diploma. . . .” [This section refers to those licensed upon examination.] Rem. & Bal. Code, § 8391.
“Sec. 20. All persons receiving a certificate or license
“The natural and appropriate office of a proviso to a statute, or to a section thereof, is to restrain or qualify the provisions immediately preceding it. Hence it is a rule of construction that it will be confined to that which directly, precedes it, or to the section to which it is appended, unless it clearly appears that the legislature intended it to have a wider scope.”
This rule it is claimed results in limiting the meaning of the clause so that it has only the effect of prescribing an alternative qualification to that prescribed by the language immediately preceding it in the proviso. In other words, that it is only an alternative proviso appended to the first part of the section referring to the registering of a diploma. Conceding that this clause is in fact a part of the proviso, and looking to the provisions of section 4 unaided by other parts of the law, learned counsel’s argument would seem to lead to the conclusion claimed; to wit; that a diploma is necessary in addition to the two years’ practice in one locality, as it
Let us now notice some other provisions of the law. By section 20 it clearly appears that the legislature had in mind that at least some of those entitled to a license under this law should not be required to show their qualifications by diplomas, since it is there provided that the licensee “shall use only such titles as are designated by his or her diploma; or those not having a diploma shall use only such title as he or she shall hold license to practice.” Learned counsel for the board of medical examiners contend that the words
It must be conceded that the provisions of this law are somewhat involved, and that the question of its meaning is not free from doubt. However, we are of the opinion that one
In some of these cases it appears that the applicants were engaged in the practice of medicine and surgery for the two years prior to the passage of this law without having a license required by the law as then existing. Laws of 1901, p. 50. This, it is contended, excludes such a person from the right to a license; because it is argued, that such a person was not legally engaged in practice, and therefore was not engaged in practice at all within the meaning of the two years’ practice clause of section 4. In support of this view our attention is called to the case of State ex rel. Smith v. Board of Dental Examiners, 31 Wash. 492, 72 Pac. 110, where this court held that an amendment to the dentistry law providing, “This section shall not apply to persons engaged in the practice of dentistry at the time of the passage of this act who are bona fide citizens of the state of Washington,” referred only to those who were previously lawfully so engaged under the same law. We do not think that decision is applicable here. We have noticed that the law here involved is a new and independent act, complete within itself, and repeals all former laws upon the subject. That part of section 4 following the word “provided” refers to two classes who may receive licenses. The first are persons who have been “legally engaged in such practice prior to the passage of this act.” The second are those persons who have been in “continuous practice” in one locality for two years. It may be difficult to see a reason for the legislature exempting one class from the effect of their unlawful acts and not the other, but the use of the word “legally,” in referring to one class and omitting it in referring to the other, clearly indicates the legislative intent to give the license privilege to the second class even though they have violated a previously existing law. The offense
What we have said thus far disposes of the several case» upon the merits. Some technical questions of practice are-raised which we think are without merit and are not such that we feel called upon to discuss them. We are of the opinion-that the judgments of the learned trial court should be affirmed in each case. It is so ordered.
Rudkin, C. J., Crow, Dunbar, and Mount, JJ., concur.