6 N.J. Misc. 231 | N.J. | 1928
This case is before this court by the allowance of a writ of certiorari directed to the District Court of the city of Passaic. The writ brings up for review proceedings instituted by the state board of medical examiners of New Jersey against Cometis De Young for a violation of section 10 of the act entitled “An act to regulate the practice of medicine and surgery, to license physicians and surgeons, and to punish persons violating the provisions thereof,” approved May 22d, 1894. This section was amended by chapter 271 of the laws of 1915 and chapter 221 of the laws of 1921. It provides that any person practicing medicine or surgery without first having obtained and filed the license provided by the act shall be liable to a penalty of $200. The suit ifi the instant case was for $500, as De Young had been previously found guilty of the same offense and for a second offense, if guilty, the act makes the penalty $500.
At the conclusion of the case the trial court dismissed the complaint on the ground that as the defendant was licensed
The contention of the defendant is that one who obtains a license to practice osteopathy has by the terms of the act (Pamph. L. 1913, p. 388) and its supplements, studied such subjects as would qualify him to give electric treatments. This argument is perhaps persuasive as to why osteopaths should by law be permitted to give electric treatments, but unsound as to their having under the statutes pertaining to the practice of osteopathy the legal right to do so. Under the law the osteopath is limited in his treatment to the manipulation of the human body by hand so as to bring all parts thereof into the proper position. With refereirce to the giving of electric treatments we feel that we are controlled by the case of State Board v. Lezenby.
There was also evidence that the defendant used the letters “Dr.” in connection with his name and in some places upon his residence without qualification. By section 8 of the Medical act any person is regarded as practicing medicine and surgery who shall use the letters “Dr.” in connection with his name and hold himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition, or who shall either offer or undertake by any means or method to diagnose, treat, operate or prescribe for any human disease, pain, injury,
The judgment of the District Court of the city of Passaic is reversed.