Editorial February 14, 1901 Issue

A Legal Opinion

Editor

Ex Judge Charles Z. Lincoln of Albany, N. Y., one of the leading attorneys of the State of New York, who represents the Christian Scientists of the state before the legislative committee in opposition to a bill proposed by certain medical societies and others against Christian Scientists and their practice, has given the following able opinion as to the constitutionality of the proposed legislation, which we take great pleasure in publishing: —

The present law of New York State provides for a license and registry of physicians and prohibits any one from practising medicine who is not authorized as provided by the statute, and it makes the unauthorized practice of medicine a crime. The evident purpose of this bill is to define the practice of medicine and exclude from such practice all persons who are not regularly authorized. The bill says that "any person shall be regarded as practising medicine who shall give treatment to any other person by the use of any remedy, agent, or method whatsoever, whether with or without the use of any medicine or instruments or other appliances for the relief or cure of any wound or fracture, bodily injury or infirmity, physical or mental disease." This proposed amendment is probably as broad as language can well make it and absolutely prohibits any person not duly authorized under the statute to practise medicine, from using any remedy or agent or method whatsoever for the cure of any disease.

The effect of the bill is then to limit the right to practise the healing art to persons who are members of the allopathic, eclectic, or homoeopathic schools of medicine, and effect declares that there shall be no remedy or agent for the cure of disease used unless through one of these mediums.

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