Jacoby v. South Carolina State Bd. of Naturopathic Examiners

• Decision Date: 15 March 1951
• Docket Number: No. 16477,16477
• Citation: 64 S.E.2d 138,219 S.C. 66
• Parties: JACOBY v. SOUTH CAROLINA STATE BOARD OF NATUROPATHIC EXAMINERS.
• Court: South Carolina Supreme Court

Page 138

64 S.E.2d 138

219 S.C. 66

JACOBY v. SOUTH CAROLINA STATE BOARD OF NATUROPATHIC EXAMINERS.

No. 16477.

Supreme Court of South Carolina.

March 15, 1951.

C. T. Graydon, John Grimball, Columbia, for appellant.

Norbert A. Theodore, Columbia, for respondent.

TAYLOR, Justice.

The appellant, Myron D. Jacoby, was admitted to the practice of naturopathy in South Carolina on July 15, 1944, after taking an examination required by the South Carolina State Board of Naturopathic Examiners, and continued in active practice until December 1, 1948, when he was served with a rule to show cause why his license to practice naturopathy should not be revoked. After several hearings were held pursuant to this rule, the Board issued its order September 22, 1949, revoking appellant's license to practice in this state.

On November 4, 1949, the Honorable G. Duncan Bellinger issued a rule to show cause in the nature of a writ of certiorari and a writ of supersedeas. The matter was heard before the Honorable T. B. Greneker, presiding Judge of the Fifth Judicial Circuit, who issued his order on April 11, 1950, affirming the action of the Board, and the matter now comes before this Court on appeal from this order, the exceptions to which present five questions as listed by appellant:

I. Should the action of the Board of Naturopathic Examiners, in revoking appellant's license to practice, be reversed because based upon illegal, incompetent, unlawful, and hearsay evidence?

II. Does the record show such bias and prejudice against the appellant on the part of the Board of Naturopathic Examiners as to require a reversal of its action in revoking appellant's license to practice?

III. Were not these matters and facts, with which the appellant was charged, previously passed upon by the Board of Naturopathic Examiners so as to make the questions and issues raised thereby res judicata?

IV. Did the Board of Naturopathic Examiners have the power to revoke appellant's license to practice?

V. Was there any evidence in the entire record to support, the revocation of appellant's license to practice?

Before considering the facts of this case, it might be well to set out the pertinent parts of the several Acts of the General Assembly relating to the practice of naturopathy in South Carolina which are found in the acts of 1937, Act May 10, 40 Statutes, p. 441, the acts of 1941, Act April 18, 42 Statutes, p. 143, and the acts of 1949, Act June 7, 46 Statutes, p. 538, which are as follows:

'Section 1. Board of naturopathic examiners--appointment--term--meetings.--Be it enacted by the General Assembly of the State of South Carolina: There is hereby created a Board of Naturopathic Examiners to be known as the South Carolina Board of Examiners. Within thirty (30) days after this Act becomes a law, the South Carolina Naturopathic Association shall recommend to the Governor, who shall appoint four (4) members, who shall be members of the South Carolina Naturopathic Association, and whose term of office shall be for a period of four (4) years. The appointees shall meet within ten (10) days after their appointment and organize by electing a President, Secretary and Treasurer, and adopting reasonable rules and regulations for the transaction of business and shall meet in June and November of each year.

's 2. License--issuance.--Any person of good moral character who has been continuously engaged in the practice of Naturopathy in the State of South Carolina for one (1) year prior to passage of this Act, but must be a graduate of a reputable school of Naturopathy, shall be licensed without an examination, upon payment of ten ($10.00) dollars, if he applies for a license within twenty (20) days after the organization of the Board, but hereafter all applicants must be graduates of a reputable college or school of Naturopathy and must stand examination before this Board.

's 3. License--duties of applicant--examinations.--All applicants must file with the Secretary of the Board, fifteen (15) days prior to its regular meeting time, proper credentials and a fee of ten ($10.00) dollars. In case the applicant fails in the first examination, he shall be entitled to a second examination at the next regular meeting of the Board.

's 4. Non-residents.--Any person of good moral character licensed by a Naturopathic Board of any other state whose requirements are commensurate with the requirements of this Board, upon the payment of twenty ($20.00) dollars shall be granted a license to practice in this State.

's 5. Revoke license.--Any practitioner who is found to no longer possess a good moral character may, in the discretion of the Board, have his license revoked.

's 6. Naturopathy defined.--Naturopathy is hereby defined to mean the use and practice of psychological, mechanical and material health sciences to aid in purifying, cleaning and normalizing human tissues for preservation or restoration of health according to the fundamental principles of anatomy, physiology and applied psychology, as may be required. Naturopathic practice employs among other agencies, heat, light, water, electricity, psychology, diet, massage and other manipulative methods. These agencies are known as psycho-therapy, suggesto-therapy, hydro-therapy, electro-therapy, mechano-therapy, biochemistry, external appliances, mechanical and electrical appliances, hygiene, first aid, sanitation heliotherapy and dietetics. Provided, However, That nothing in this chapter shall be held or construed to authorize any naturopathic physician licensed hereunder to practice materia medica or surgery, or shall the provisions of this chapter in any manner apply to or affect the practices of osteopathy, chiropractic, christian science or any other treatment authorized or provided for by law for the cure and prevention of diseases and ailments.

's 7. Penalty.--Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and punishable in the discretion of the Court.

's 8. Pay certain funds to public school fund.--If at the close of any fiscal year there remains in the hands of the Board more than five hundred ($500.00) dollars over and above all indebtedness, the same shall be turned over of the public school fund.

's 9. All Acts or parts of Acts inconsistent herewith are hereby repealed.

's 10. This Act shall take effect upon its approval by the Governor.

'Approved the 10th day of May, 1937'.

'Section 1: Applicants for examination and license practice naturopathy--qualifications.--Be It Enacted by the General Assembly of the State of South Carolina: All applicants for examinations and licensure to practice Naturopathy in this State must be a graduate of a regular four years high school course and one year premedical course and must have completed and hold a diploma from an accredited school, college or university of Naturopathy conferring the degree of Doctor of Naturopathy. Said college, school or university must be a Class A institution and recognized by the South Carolina State Board of Naturopathy Examiners and its professional training course shall constitute four years of nine months each, making a total number of four thousand four hundred (4,400) hours.

'Section 2: Fee.--All such applicants must file with the secretary of said Board at least fifteen days prior to its regular meeting time proper credentials and a fee of $25.00. In case the applicant fails to pass the examination he or she shall be entitled to a second examination at the next regular meeting of the said Board.

'Section 3: Non-residents.--Any person of good moral character licensed by a Naturopathic Board of any other State whose requirements are commensurate with the requirements of said Board upon the payment of Fifty ($50.00) Dollars shall be granted a license to practice in this State without any furthr examination.

'Section 4: Practice of naturopathy defined.--The use and practice of phytotherapy, minor surgery, obstetrics, and gynecology, autotherapy and biologicals shall be made a part of and be included in the practice of Naturopathy.

'Section 5: Recognized school, college or university of naturopathy defined.--Any school, college or university legally chartered and having a regular professional course in Naturopathy and its allies branches of four years of nine months each, and includes in its curriculum the following subjects: Bacteriology, Anatomy, Diagnosis, Comparative Medicine, Physiology, Etiology, Hydrotherapy, Histology Pathology, Phytotherapy, Biology, Toxicology, Electrotherapy, Chemistry, Hygiene and Sanitation, Massotherapy, Analysis, Biochemistry, Orthopedics, Symtomatology, Physiotherapy, Practice of Naturopathy, Autotherapy, Ethics and Jurisprudence, Dietetics, Gynecology and Obstetrics shall be recognized by the South Carolina State Board of Naturopathic Examiners and the above requirements shall constitute the definition of a recognized school, college, university of Naturopathy.

'Section 6: Certificates sign--diseases report.--All Naturopathic physicians who are in active practice and licensed in this State shall have the authority to sign birth, death and health certificates and shall be required to report all infections and contagious diseases to the State Board of Health and shall be accorded the use of the State Biological and Chemical Laboratories.

'Section 7: Register.--All licensed Naturopathic physicians shall be required after receiving a certificate of qualification or license from the South Carolina State Board of Naturopathy Examiners to register in the County in which he or she resides with the Clerk of Court's office and pay a fee of fifty cents.

'Section 8: Subjects--examinations--business transact.--The South Carolina State Board of Naturopathic Examiners shall have the power and authority to name the branches of Naturopathy and its allied sciences in which the applicant for licensure shall be examined, and shall hold written or...