128 F.2d 300 | D.C. Cir. | 1942
Appellant was prosecuted in the Police Court of the District of Columbia upon an information which charged, in part, that he “did then and there unlawfully practise the healing art, by him, the said William Nathan Powers, examining, treating, and prescribing for one Mamie L. Murphy, without having first obtained a license so to
The information followed the language of the District of Columbia Code,
We are satisfied, also, that the evidence was sufficient to prove the accusation contained in the information. Appellant is the manufacturer of a patent medicine called “asthmanol.” He has manufactured this asthma remedy for a number of years and sold it at a price of $10 per bottle. Testifying in his own behalf, appellant stated that he had sold asthmanol for the past eighteen years and no one had ever complained of ill-effects from it but, on the contrary, many asthma sufferers who had used it had benefited; that in connection with the taking of asthmanol it is desirable for the person to keep the stomach and bowels as free as possible from excess gas and waste material; that he instructed persons using asthmanol as to the necessity of keeping the bowels loose;
Appellant contends that the statute
It is true that people frequently administer remedies to themselves in their own homes; it is true that nurses, acting under the instruction of doctors, sometimes perform duties which 'doctors themselves would otherwise perform and which, otherwise, would come clearly within the scope of the practice of medicine. But neither people in the privacy of their own homes, nor nurses acting under the instruction of physicians, represent to persons who are otherwise strangers to them, that they will cure them of afflictions for a price specified, as was done in this case. We are required to look at all the actions of appellant-as they appear in the record, and to conclude therefrom whether the evidence was sufficient to support the determination, of the trial court.
Affirmed.
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(1940) § 2 — 102: “No person shall practice the heading art in the District of Columbia who is not (a) licensed so to do, or (b) if exempted from licensure under sections 2 — 133 or 2 — 134, then duly registered.”
D.C.Code (1940) § 2 — 101.
D.C.Code (1940) § 2 — 101 (c): ‘“To
United States v. American Medical Association, 72 App.D.C. 12, 24, 110 F.2d 703, 715.
United States v. Henderson, 73 App.D.C. 369, 372, 121 F.2d 75, 78.
See Ledbetter v. United States, 170 U.S. 606, 609, 610, 18 S.Ct. 774, 42 L.Ed. 1162; Leonard v. United States, 6 Cir., 18 F.2d 208, 211, 212; Taran v. United States, 8 Cir., 88 F.2d 54, 56; Blalock v. State, 112 Ga. 338, 37 S.E. 361; Maine v. Casey, 45 Me. 435, 436, 437.
In Iowa v. Wilhite, 132 Iowa 226, 229, 109 N.W. 730, 731, 11 Ann.Cas. 180, it was held that under a statute defining practice of medicine as including public profession to cure or heal, one who proposed to cure disease “by methodical rest and dietetics” was engaged in the practice of medicine.
In Gouy Shong v. Chew Shoe, 254 Mass. 366, 369, 150 N.E. 225, 227, it was held that the prescription and sale of herbs to cure disease is the practice of medicine and is not rendered legal by interposition of a licensed practitioner’s diagnosis.
In People v. Banks, 236 Mich. 8, 13, 209 N.W. 935, 936, it was held, under a statute defining practice of medicine as attempting to, or to cure or relieve disease by prescription, advice, attendance,
D.O.Oode (1940) §§ 2 — 101 (b) (5), 2-134 (e).
D.O.Oode (1940) § 2 — 134 (c).
Abrams v. United States, 250 U.S. 616, 619, 40 S.Ct. 17, 63 L.Ed. 1173.
(1940) § 2 — 101 (b): ‘“The healing art’ means the art of detecting or attempting to detect the presence of any disease; of determining or attempting to determine the nature and state of any disease, if present; of preventing, relieving, correcting, or curing, or of attempting to prevent, relieve, correct, or cure any disease; of safeguarding or attempting to safeguard the life of any woman and infant through pregnancy and parturition; and of doing or attempting to do any of the acts enumerated above:
Smith v. United States, 5 Cir., 288 F. 44, 46.