Jewell v. Mccann

• Decision Date: 09 January 1917
• Docket Number: 15306
• Citation: 95 Ohio St. 191,116 N.E. 42
• Parties: Jewell v. Mccann Et El., As The State Medical Board Of Ohio
• Court: Ohio Supreme Court

116 N.E. 42

95 Ohio St. 191

Jewell v. Mccann Et El., As The State Medical Board Of Ohio

15306

Supreme Court of Ohio

January 9, 1917

State medical board - Revocation of physician's certificate - Notice of hearing and appeal - Section 1275 and 1276, General Code, unconstitutional - Due process of law.

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Mr Thomas M. Sherman, for plaintiff in error. Mr. Edward C Turner, attorney general Mr. Charles Follett and Mr. A. O Dickey, for defendants in error. BY THE COURT.

The plaintiff in error, Azariah K. Jewell, instituted this action in the common pleas court of Franklin county, December 18,1914, and sought to enjoin the state medical board and its secretary from holding any hearing upon or making any finding or order with reference to an application filed in the office of said board for the revocation of the certificate of plaintiff, theretofore issued to him by said board in the manner provided by law, authorizing him to engage in the practice of medicine and surgery.

By demurrer to the petition of plaintiff the question was raised and presented whether the statutes which authorized proceedings to revoke such certificate, being Sections 1275 and 1276, General Code, were violative of the due process of law provisions of the constitution of the state and of the United States. The demurrer was sustained by the common pleas court and that action was affirmed by the court of appeals.

The sections of the General Code brought into question at the time of the commencement of this action provided as follows:

"Sec 1275. The state medical board may refuse to grant a certificate to a person guilty of fraud in passing the examination, or at any time guilty Of felony or gross immorality, or addicted to the liquor or drug habit to such a degree as to render him unfit to practice medicine or surgery. upon notice and hearing, the board, by a vote of not less than five members, may revoke a certificate for like cause or causes.

"Sec 1276. An appeal may be taken from the action of the state medical board refusing to grant, revoking or suspending a certificate, for the causes named in the preceding section, to the governor and attorney general, whose decision affirming or overruling the action of the state board shall be final." (1030. O. L.,438.)

Thereafter these sections were amended and supplemented (106 O. L., 177,178). However, by reason of the provisions of Section 26, General Code, the statute as amended...