Louisiana State Board of Medical Examiners v. Fife
| Decision Date | 29 November 1926 |
| Docket Number | 26844 |
| Citation | 162 La. 681,111 So. 58 |
| Court | Louisiana Supreme Court |
| Parties | LOUISIANA STATE BOARD OF MEDICAL EXAMINERS v. FIFE et al. [*] |
111 So. 58
162 La. 681
LOUISIANA STATE BOARD OF MEDICAL EXAMINERS
v.
FIFE et al. [*]
No. 26844
Supreme Court of Louisiana
November 29, 1926
Rehearing Denied January 3, 1927
Appeal from Civil District Court, Parish of Orleans; William H. Byrnes, Jr., Judge.
Suit by the Louisiana State Board of Medical Examiners against Joseph B. Fife and another for injunction and fine. From an adverse judgment, defendants appeal.
Affirmed.
Donelson Caffery and Anna C. McCay, both of New Orleans, for appellants.
T. S. Walmsley, Eugene D. Saunders, and G. B. Harrison, Jr., all of New Orleans, for appellee.
OPINION [111 So. 59]
[162 La. 682] OVERTON, J.
Act 56 of 1914, as amended and re-enacted, in part, by Act 54 of 1918, regulates the practice of medicine in this state. Section 1 of the latter act amends and re-enacts section 1 of the former, and reads as follows:
"That from and after the promulgation of this act, no person shall practice medicine in any of its departments within the state of Louisiana, unless such person shall possess the necessary qualifications and requirements of this act."
Section 2 of the Act of 1918 amends and re-enacts section 2 of the Act of 1914, and reads as follows:
"That after the promulgation of this act, any person before entering upon the practice of medicine in any of its branches shall present to one of the boards of medical examiners as herein constituted, a diploma from a college in good standing, of any sect teaching medicine [162 La. 683] or the healing art, and shall stand a satisfactory examination before the board upon the following branches, to wit: Anatomy, physiology, chemistry, physical diagnosis, pathology and bacteriology, hygiene, surgery, theory and practice of medicine, materia medica, obstetrics and gynecology. The person shall also satisfy the board that he or she is twenty-one years of age, a citizen of the United States, of good moral character, and possesses a fair education. * * *"
Section 9 of the Act of 1918 amends and re-enacts section 13 of the Act of 1914. The section, as amended and re-enacted, reads, in part, as follows:
"That the term practice of medicine, surgery, midwifery as used in this act is hereby defined to mean holding one's self to the public as being engaged within this state in the business of diagnosing, treating, curing, or relieving any bodily or mental disease, condition, infirmity, deformity, defect, ailment, or injury in any human being other than himself; whether by the use of any drug, instrument or force, whether physical or psychic, or of whatever nature, or any other agency or means; or who shall examine any such person or material from such person for such purpose; whether such drug, instrument, force, or other agency or means is to be applied or used by the patient or by any other person, or be for compensation of any kind or be gratuitous; or attending a woman in childbirth without the aid of a licensed physician, surgeon or midwife; or using any other title than optician, to indicate that one is engaged in the business of refracting or fitting glasses to the human eye."
Section 21 of the Act of 1914 is amended and re-enacted by section 12 of the Act of 1918 so as to read:
"That this law shall not apply to the giving of family remedies in cases of emergency; or to legally licensed dentists, pharmacists, osteopaths, practicing according to existing laws; or to any one attending in an emergency a woman in childbirth; or to anyone serving full time without salary or professional fees on the resident medical staff of any legally...
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