We have your request for advice as to whether the term “unethical conduct” as used in the provisions of section 14 of the Act of March 19, 1909, P. L. 46, as last amended by the Act of June 5, 1937, P. L. 1649, 63 PS §271, is a ground for the revocation of an osteopathic license.
Your inquiry is occasioned by the fact that the State Board of Osteopathic Examiners wishes to be apprised of its authority to revoke the license of a practicing osteopath who pleaded guilty to charges of violating the narcotic laws.
It is not necessary for us to go into the merits of the case in question since the discretion to be exercised in this matter is imposed upon the State Board of Osteopathic Examiners in that it may or may not suspend or revoke the license depending upon whether, in its judgment, the circumstances warrant such action. It is sufficient for the purpose of this opinion to note that the licensee was arrested and paid a fine for a technical violation of the narcotic laws by sending certain drugs through the United States mail.
The particular question presented by you is whether or not “unethical conduct” must be associated with misleading or fraudulent advertising in the practice of osteopathy as determined by the State Board of
The pertinent part of section 14 of the above-cited act relating to this problem is as follows:
“The State Board of Osteopathic Examiners may refuse, revoke, or suspend the right to practice osteopathy in this State upon any or all of the following reasons, to wit: The conviction of a crime involving moral turpitude; habitual intemperance in. the use of ardent spirits or stimulants, narcotics, or any other substance which impairs intellection and judgment, to such an extent' as to incapacitate the performance of professional duties; the violation of the practice of the principles of the system of osteopathy as defined in this act; misrepresentation; unethical conduct, or misleading or fraudulent advertising in the practice, as determined by the board.” (Italics supplied.)
It seems quite clear that “unethical conduct” is a separate ground for the revocation of an osteopathic license; However, in ascertaining the real meaning of these particular words, it is necessary in construing them to effectuate the intention of the General Assembly in passing such legislation as it relates to osteopathic physicians and surgeons, as a whole.
The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature: Wiesheier et al. v. Kessler, admr., 311 Pa. 380 (1933); Hammerle et al. v. Kessler, admr., 311 Pa. 386 (1933): Statutory Construction Act of May 28, 1937, P. L. 1019, art. IV, sec. 51, 46 PS §551. Where words are not explicit the intention of the legislature must be ascertained by considering among other things the object to be attained in the legislation: Orlosky v. Haskell, 304 Pa. 57 (1931). Such language must be read in a sense which harmonizes with the subject matter in its general purpose and object: Pocono Manor Association et al. v. Allen et al., 337 Pa. 442 (1940).
While the various recognized professions have different standards of “unethical conduct”, yet any “unethical conduct” in each situation must be interpreted in connection with the standard of conduct required of the particular profession. It is obvious that a licensed osteopath in the practice of his profession enjoys a position of special trust and confidence that enables him easily to violate the narcotic law, and at the same
The legislature must have been fully cognizant of this, and, therefore, its purpose in including “unethical conduct” in section 14, supra, becomes obvious. It is clear that “unethical conduct”, if limited solely to misleading or fraudulent advertising, would greatly restrict the legislative purpose intended by this act, and most certainly it would result in making the construction not only extremely forced, but would achieve a result not compatible with an intention expressed in this section and by the entire act.
The clear meaning of this phrase is that “unethical conduct” is of itself a category separate and distinct from “misleading or fraudulent advertising in the practice as determined by the board”.
We are of the opinion, therefore, and you are accordingly advised, that “unethical conduct” as used in section 14 of the Act of March 19, 1909, P. L. 46, as last amended by the Act of June 5, 1937, P. L. 1649, 63 PS §271, is of itself a separate ground for the suspension or revocation of a license by the State Board of Osteopathic Examiners in its discretion and it does not necessarily have to be connected with misleading or fraudulent advertising in the practice.
