127 Iowa 333 | Iowa | 1904
The principal question for discussion is, do the acts charged in the indictment constitute an offense under the laws of this State? And this, of necessity, involves a construction of the statutes quoted.
The State contends that the indictment practically follows the language of section 2581, and that these statutes, properly construed, cover the case made by the indictment. The charge is that defendant, being a nonresident, assumed the duties of, and publicly professed to be, a physician, and did attempt and profess to heal and cure diseases by dieting his patients, and causing them to take certain exercises and to wear glasses furnished by him; that he went about, and in various ways solicited persons to meet him for treatment, and did, while so practicing as an itinerant physician, treat and attempt to cure injuries, diseases, etc. While he was thus charged with being an itinerant physician who was at-teihpting to practice without a license, the means used by him for affecting cures are set out; and we have to inquire, does the doing of these things in the manner charged constitute an offense under our statutes ? In arriving at a correct conclusion on this branch of the case, it may be well to quote the following from section 2594 of the Code, which related to itinerant vendors of .drugs: “ All those who by any method publicly profess to treat and cure diseases, injuries or deformities are to be considered itinerant vendors of drugs.” This, of course, as will be observed from a reading of the entire section, applies to those who vend drugs, nostrums, ointments, or appliances of any kind for the treatment of diseases or injuries. It was not sought to convict defendant under this section, and we refer to it in order to arrive at a proper interpretation to be placed on the other statutes quoted. Defendant would not be guilty under
But the question here is, do the facts recited make defendant an itinerant physician, under sections 2579, 2580, and 2581? Section 2579 defines “physicians” and the “ practice of medicine,” and the allegations of the indictment clearly bring the defendant within the first and third classes of persons named therein. But it is contended that as defendant did not profess or attempt to cure, by any medicine, appliance, or method similar to medicine, but by dieting his patients, etc., his acts do not come within the prohibitions of section 2581 of the Code. The question here is a narrow one, and depends wholly upon the construction to be given the words “ medicine, appliance, or method.” I)o they mean a medicine or drug, or something administered as a medicine or drug would be? We think this is too narrow. An appliance can hardly be said to be a medicine or drug, and a method may or may not involve the administration of any substance, either internally of externally. True, when general terms follow specific words of a like nature, the general terms are presumed to embrace things and methods of the kind designated by the specific words. But for this rule to apply, it must appear that the general words are of a like nature. This, as has been observed, is not true here. Undoubtedly the State has the right to determine what, acts shall constitute the practice of the healing art, and it may impose conditions on the exercise of that privilege. State v. Mosher, 78 Iowa, 321; State v. Bair, 112 Iowa, 466. Having defined the terms it uses, courts should accept the definition given, and not be too subtle in the use of refined distinctions. To save its people from quacks and charlatans, the State has plenary power to prohibit or supervise the exercise of the healing art. Statutes similar to the one in question have been enacted in many
It may be that defendant has a certificate for the practice of his profession. As to that fact we are not advised. But whether he has or not, he had no license to practice as an itinerant physician. The charge against him is that he was so practicing without the required license, and it is unimportant to inquire as to whether or not he had a State certificate, as this would afford him no protection. There may be some doubt as to whether a nonresident may obtain this certificate, maintain his residence in another State, and practice his profession here without obtaining the additional
The trial court was in error in sustaining tbe demurrer, and, for tbe purpose of announcing a correct rule of law for such cases, tbe judgment is reversed.