CONS. & IND. SVCS. v. Hoffman

583 N.W.2d 260, 230 Mich. App. 170
CourtMichigan Court of Appeals
DecidedSeptember 10, 1998
Docket201322
StatusPublished

This text of 583 N.W.2d 260 (CONS. & IND. SVCS. v. Hoffman) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CONS. & IND. SVCS. v. Hoffman, 583 N.W.2d 260, 230 Mich. App. 170 (Mich. Ct. App. 1998).

Opinion

583 N.W.2d 260 (1998)
230 Mich. App. 170

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, Michigan Board of Chiropratic formerly known as Department of Commerce, Appellant,
v.
Mark Hall HOFFMANN, D.C., Appellee.

Docket No. 201322.

Court of Appeals of Michigan.

Submitted March 18, 1998, at Lansing.
Decided June 5, 1998, at 9:00 a.m.
Released for Publication September 10, 1998.

*261 Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Howard C. Marderosian, Assistant Attorney General, for Department of Consumer and Industry Services.

Holly Glazier, East Lansing, for Mark H. Hoffman.

Before HOEKSTRA, P.J., and JANSEN and GAGE, JJ.

JANSEN, Judge.

The Department of Consumer and Industry Services appeals as of right from the Board of Chiropractic Disciplinary Subcommittee's dismissal of a cease and desist order entered by the Office of Health Services (within the Bureau of Occupational and Professional Regulation) against Mark Hall Hoffmann, D.C. The cease and desist order required that appellee stop performing chiropractic manipulation on animals. We reverse *262 the order of the disciplinary subcommittee and remand.

Appellee became a licensed chiropractor in 1990. As part of his practice, appellee, who does not have a veterinary license, provides chiropractic treatment to horses. On September 1, 1995, the department issued to appellee a notice and order to cease and desist. The notice alleged that appellee was in violation of the Public Health Code[1] because he was treating horses by manipulating their spines without having a veterinary license. On September 25, 1995, appellee requested a hearing, and the hearing was held on February 26, 1996. The hearing referee issued a proposal for decision on March 7, 1996. The hearing referee concluded that because the care and treatment of animals is not specifically included in the scope of chiropractic and is specifically included in the scope of practice for veterinarians, the practice of equine chiropractic by a chiropractor who is not a veterinarian is outside the scope of chiropractic and is illegal. The hearing referee also concluded that appellee was not being supervised by a veterinarian such that appellee's manipulation of horses' spines could be done pursuant to M.C.L. § 333.16109(2); M.S.A. § 14.15(16109)(2).

After the parties filed their responses to the hearing referee's proposal for decision, the disciplinary subcommittee dismissed the cease and desist order on September 27, 1996. Although it accepted the hearing referee's factual findings, the disciplinary subcommittee disagreed with the hearing referee's reasoning. The disciplinary subcommittee ruled that there was no specific statutory or administrative rule limiting or including equine chiropractic care for either a chiropractor or a veterinarian. It also found that M.C.L. § 333.16401; M.S.A. § 14.15(16401) did not limit the practice of chiropractic to humans. Therefore, the disciplinary subcommittee found that there was no statutory violation by appellee because he was merely performing spinal manipulation, which is within the scope of chiropractic. The department moved for rehearing and reconsideration, but that motion was denied in an order dated January 27, 1997.

The sole issue on appeal is whether the scope of chiropractic as defined in M.C.L. § 333.16401; M.S.A. § 14.15(16401) authorizes chiropractors, who do not have veterinary licenses, to treat animals. We hold that the scope of chiropractic does not include the treatment of animals. We, therefore, reverse the decision of the disciplinary subcommittee because the decision is based on a substantial and material error of law. M.C.L. § 24.306(1)(f); M.S.A. § 3.560(206)(1)(f).

Because the scope of chiropractic is statutorily defined, the question whether a given activity is within the authorized scope of chiropractic is one of statutory construction to be decided by the court. Hofmann v. Auto Club Ins. Ass'n, 211 Mich.App. 55, 67, 535 N.W.2d 529 (1995). "Practice of chiropractic" is defined in M.C.L. § 333.16401(1)(b); M.S.A. § 14.15(16401)(1)(b), which provides:

"Practice of chiropractic" means that discipline within the healing arts which deals with the nervous system and its relationship to the spinal column and its interrelationship with other body systems. Practice of chiropractic includes:
(i) Diagnosis, including spinal analysis to determine the existence of spinal subluxations or misalignments that produce nerve interference, indicating the necessity for chiropractic care.
(ii) The adjustment of spinal subluxations or misalignments and related bones and tissues for the establishment of neural integrity utilizing the inherent recuperative powers of the body for restoration and maintenance of health.
(iii) The use of analytical instruments, nutritional advice, rehabilitative exercise and adjustment apparatus regulated by rules promulgated by the board pursuant to section 16423, and the use of x-ray machines in the examination of patients for *263 the purpose of locating spinal subluxations or misaligned vertebrae of the human spine. The practice of chiropractic does not include the performance of incisive surgical procedures, the performance of an invasive procedure requiring instrumentation, or the dispensing or prescribing of drugs or medicine.

The disciplinary subcommittee determined that the above statutory provision does not specifically limit the practice of chiropractic to humans, except for § 16401(1)(b)(iii) providing for the use of x-ray machines. The disciplinary subcommittee concluded that the definition of chiropractic was not limited to the human nervous system or spinal column.

This case requires us to construe a statutory provision. The "cardinal rule" of statutory construction is to identify and give effect to the intent of the Legislature. Shallal v. Catholic Social Services of Wayne Co., 455 Mich. 604, 611, 566 N.W.2d 571 (1997). The first step in determining intent is to examine the language of the statute itself. Id. The language is to be given its ordinary and generally accepted meaning. Id. Judicial construction is authorized only where the language lends itself to more than one interpretation. Id.

Subsections 1(b)(i) and 1(b)(ii) authorize the diagnosis and adjustment of spinal subluxations and misalignments in terms not explicitly limited to human spines, while subsection 1(b)(iii) specifically authorizes the use of x-ray machines for the purpose of locating spinal subluxations or misaligned vertebrae of the human spine. The disciplinary subcommittee's interpretation of the statute would permit a chiropractor to diagnose and adjust spinal subluxations and misalignments in humans and animals, while limiting a chiropractor's use of x-ray machines to humans. We believe that this interpretation would lead to an illogical result, which is disfavored when construing statutes. Gross v. General Motors Corp., 448 Mich. 147, 164, 528 N.W.2d 707 (1995) (statutes must be construed to prevent absurd or illogical results and to give effect to their purposes).

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Related

Shallal v. Catholic Social Services
566 N.W.2d 571 (Michigan Supreme Court, 1997)
Hofmann v. Auto Club Insurance
535 N.W.2d 529 (Michigan Court of Appeals, 1995)
Gross v. General Motors Corp.
528 N.W.2d 707 (Michigan Supreme Court, 1995)
Attorney General v. Beno
373 N.W.2d 544 (Michigan Supreme Court, 1985)
Locke v. Ionia Circuit Judge
151 N.W. 623 (Michigan Supreme Court, 1915)
Department of Consumer & Industry Services v. Hoffmann
583 N.W.2d 260 (Michigan Court of Appeals, 1998)

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