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Physician

medicine, practice, law, statute, st and health

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PHYSICIAN. A person, who has received the degree of doctor of medicine from an in corporated institution.

One lawfully engaged in the practice of medicine.

As used in a policy of life insurance, the term "family physician" has been held to mean the physician who usually attends, the members of a family in the capacity of a physician, whether or not he usually at tended or was consulted by the insured him self ; Price v. Ins. Co., 17 Minn. 497 (Gil. 473), 10 Am. Rep. 166.

In the Roman law and at common law until 1422 the practice of medicine and sur gery was free to all. A statute in that year confined it to those who had studied the sub ject in a university and who were bachelors of science.

A statute forbidding the practice of medi cine without a license covers osteopathy ; Bandel v. Department of Health, 193 N. Y. 133, 85 N. E. 1067, 21 L. R. A. (N. S.) 49; Little v. State, 60 Neb. 749, 84 N. W. 248, 51 L. R. A. 717; contra, State v. McKnight, 131 N. C. 717, 42 S. E. 580, 59 L. R. A. 187; State v. Liffring, 61 Ohio St. 39, 55 N. E. 168, 46 L. R. A. 334, 76 Am. St. Rep. 358; Collins v. Texas, 223 U. S. 288, 32 Sup. Ct. 286, 56 L. Ed. 439; Ex parte Collins, 57 Tex. Cr. R. 2, 121 S. W. 501; one who practices "sugges tive therapeutics" without drugs or surgery ; Witty v. State, 173 Ind. 404, 90 N. E. 627, 25 L. R. A. (N. S.) 1297; a "magnetic healer" in the nature of an osteopath ; People v. Trenner, 144 111. App. 275 ; one who pretends to heal by rubbing; State v. Yates, 145 Ia. 332, 124 N. W. 174; one who practices "vital healing," professing to cure without drugs or surgery ; State v. Adkins; 145 Ia. 671, 124 N. W. 627; one who treats the eye and fits spectacles, having "Dr." on his office door; State v. Blumenthal, 141 Mo. App. 502, 125 S. W. 1188; one who advertises as "the Mas seur Doctor," though he used no medicine; Newman v. State, 58 Tex. Cr. R. 223, 124 S. W. 956; one who treats diseases without drugs ; 70 L. R. 835.

A "healer by divine gift" was held guilty of practicing medicine without a license; Smith v. People, 51 Colo. 270, 117 Pac. 612,

36 L. R. A. (N. S.) 158; where it was held that evidence as to religious belief is not ad missible, the object of the statute being to make certain requirements for the public health ; see cases collected in Witty v. State, 173 Ind. 404, 90 N. E. 627, 25 L. R. A. (N. S.) 1302; State v. Bresee, 137 Ia. 673, 114 N. W. 45, 24 L. R. A. (N. S.) 103.

Giving Christian Science treatment for a fee for the cure of disease is within an act requiring a certificate from the board of medical registration; State v. Marble, 72 Ohio St. 21, 73 N. E. 1063, 70 L. R. A. 835, 106 Am. St. Rep. 570, 2 Ann. Cas. 898. But praying for those suffering from disease, or teaching that disease will disappear and physical perfection be attained as a result of prayer, was held not to constitute the prac tice of medicine; State v. Mylod, R. I. 632, 40 Atl. 753, 41 L. R. A. 428.

.The business of massage does not violate a statute forbidding the practice of medi cine without a license; Smith v. Lane, 24 Hun (N. Y.) 632; but prescribing patent medicine does ; Thompson v. Staats, 15 Wend. (N. Y.) 395; Jordan v. Overseers of Dayton, 4 Ohio 295. The law does not recognize any difference between schools of medicine ; Corsi v. Maretzek, 4 E. D. Sm. (N. Y.) 1.

A law providing that no person shall be licensed to practice medicine except after examinations by the state board, is not in conflict with the fourteenth amendment of the United States constitution; State v. Carey, 4 Wash. 424, 30 Pac. 729; nor is a statute making it a misdemeanor to practice medicine without a certificate from the state board of health that the practitioner is a graduate of a reputable medical college, un constitutional, as depriving him of property without due process of law ; Dent v. West Virginia, 129 U. S. 114, 9 Sup. Ct. 231, 32 L. Ed. 623 ; nor is a Texas act establishing a state board of health and requiring osteo paths to be registered; Collins v. Texas, 223 U. S. 288, 32 Sup. Ct. 286, 56 L. Ed. 439.

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