In re the Revocation of the License to Practice Medicine & Surgery of Kindschi

319 P.2d 824, 52 Wash. 2d 8, 1958 Wash. LEXIS 325
CourtWashington Supreme Court
DecidedJanuary 2, 1958
DocketNo. 34137
StatusPublished
Cited by18 cases

This text of 319 P.2d 824 (In re the Revocation of the License to Practice Medicine & Surgery of Kindschi) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Revocation of the License to Practice Medicine & Surgery of Kindschi, 319 P.2d 824, 52 Wash. 2d 8, 1958 Wash. LEXIS 325 (Wash. 1958).

Opinion

Finley, J.

Dr. Kindschi’s license to practice medicine and surgery in the state of Washington was suspended for eight months by the medical disciplinary board for alleged unprofessional conduct as defined in RCW 18.72.030 (1). He appealed to the superior court for Thurston county, which affirmed the suspension. The matter is now before us for review.

The medical disciplinary board was established by the state legislature in 1955. It was given broad powers to discipline members of the medical profession for unprofessional conduct. It may reprimand a doctor, or may suspend or revoke his license. Unprofessional conduct is defined in RCW 18.72.030. The portions thereof pertinent to this appeal read as follows:

“The term ‘unprofessional conduct’ . . . shall mean
“(1) Conviction in any court of any offense involving moral turpitude, in which case the record of such conviction shall be conclusive evidence; . . . ”

On May 4, 1956, Dr. Kindschi entered a plea of guilty in the United States district court for eastern Washington to a charge of willfully attempting to evade a portion of his [10]*10pibpef iiicolne taxes for the calendar year, 1949, by filing a false and fraudulent return.

The charge involved violation of § 145 (b) of the internal revenue code of 1939, as amended, which reads as follows (p.221): '

“(b) . . . Any person . . . who willfully attempts in any manner to evade or defeat any tax imposed by this chapter or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony J5

On August 17,1956, the medical disciplinary board issued notice to Dr. Kindschi that a hearing would be held on September 22, 1956, in Seattle to determine whether his license to practice medicine should be revoked. In its specification of charges, the board set out the above-mentioned conviction of tax evasion and charged that the offense involved moral turpitude, and constituted unprofessional conduct within the meaning of the medical disciplinary act.

Dr. Kindschi made timely written reply to the specification. He admitted pleading guilty to the Federal offense, but denied that it involved moral turpitude or constituted unprofessional conduct.

When the hearing committee of the medical disciplinary board convened, the chairman announced (a) that it was the opinion of the attorney general of the state of Washington that the crime for which Dr. Kindschi had been convicted involved moral turpitude; and (b) that the opinion of the attorney general fully settled the question in so far as the board was concerned. The chairman specifically foreclosed any hearing on the question, and counsel have stipulated that no evidence was taken at the hearing concerning the facts and circumstances involved in the violation by Dr. Kindschi of the internal revenue act.

It is somewhat difficult to classify a medical disciplinary proceeding. It is characterized as civil, not criminal, in nature; yet it is quasi criminal in that it is for the protection of the public, and is brought because of alleged misconduct of the doctor involved. Its consequence is unavoidably punitive, despite the fact that it is not designed [11]*11entirely for that purpose. It is not strictly adversary in nature. It is essentially a special, somewhat unique, statutory proceeding, in which the medical profession (under state authorization through the medical disciplinary board) inquires into the conduct of a member of the profession and determines whether disciplinary action is to be taken against him in order to maintain sound professional standards of conduct for the purpose of protecting (a) the public, and (b) the standing of the medical profession in the eyes of the public. Cf. In re Little, 40 Wn. (2d) 421, 244.P. (2d) 255.

It may be argued that, since it is not strictly a criminal proceeding, the principles of due process and equal protection (guaranteed by the fourteenth amendment) do not apply. On that question, however, the United States supreme court is the final arbiter, and in a recent opinion (Schware v. Board of Bar Examiners of New Mexico (1957), 353 U. S. 232, 1 L. Ed. (2d) 796, 77 S. Ct. 752), that court stated:

“A State cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the Due Process or Equal Protection Clause of the Fourteenth Amendment. . . . [citing cases]. A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant’s fitness or capacity to practice law.” (Italics ours.)

In the Schware case, supra, the court was dealing with admission to practice law, but it follows, logically, that the due process clause and the equal protection clause of the fourteenth amendment apply with much force to proceedings in which a practitioner’s license may be revoked or suspended. The following footnote in the Schware opinion, supra, emphasizes this view:

“We need not enter into a discussion whether the practice of law is a ‘right’ or ‘privilege.’ Regardless of how the State’s grant of permission to engage in this occupation is characterized, it is sufficient to say that a person cannot be prevented from practicing except for valid reasons. Cer[12]*12tainly the practice' of law is not a matter of the State’s grace. Ex Parte Garland, 4 Wall. 333, 379.”

• The United States supreme court has not required that due process and equal protection standards relative to criminal trials are necessarily entirely applicable to disciplinary proceedings relative to state granted licenses to practice professionally.

BCW 18.72.030(1) proscribes as unprofessional conduct “conviction in any court of any offense involving moral turpitude.” Tax fraud involves moral turpitude. Jordan v. DeGeorge, infra; In re Seijas, ante p. 1, 318 P. (2d) 961. In our judgment, a willful and intentional attempt to avoid payment of all or a part of one’s income tax with intent to defraud the government involves moral turpitude. Such fraud is unprofessional conduct as that term is defined in the medical disciplinary act.

The daily practice of medicine concerns life and death consequences to members of the public. They have an understandable interest in the maintenance of sound standards of conduct by medical practitioners. The public has a right to expect the highest degree of trustworthiness of the members of the medical profession. We believe there is a rational connection between income tax fraud and one’s fitness of character or trustworthiness to practice medicine, so that the legislature can properly make fraudulent conduct in such instances a ground for revoking or suspending the license of a doctor.

Dr. Kindschi was charged with violating a Federal criminal statute.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richard Wilkinson v. Washington Medical Commission
Court of Appeals of Washington, 2025
Dale E. Alsager, D.o., Phd. v. Wa State Bd Of Osteopathic Medicine
196 Wash. App. 653 (Court of Appeals of Washington, 2016)
Islam v. Department of Early Learning
157 Wash. App. 600 (Court of Appeals of Washington, 2010)
Lang v. Dental Quality Assurance Commission
156 P.3d 919 (Court of Appeals of Washington, 2007)
Ongom v. Department of Health
159 Wash. 2d 132 (Washington Supreme Court, 2006)
Ongom v. Dept. of Health
148 P.3d 1029 (Washington Supreme Court, 2006)
Amunrud v. Board of Appeals
158 Wash. 2d 208 (Washington Supreme Court, 2006)
Andersen v. King County
158 Wash. 2d 1 (Washington Supreme Court, 2006)
In Re the Suspension or Revocation of the License Issued Zahl
895 A.2d 437 (Supreme Court of New Jersey, 2006)
Nguyen v. STATE HEALTH MED. QUALITY ASSUR.
29 P.3d 689 (Washington Supreme Court, 2001)
Nguyen v. Department of Health
144 Wash. 2d 516 (Washington Supreme Court, 2001)
Clausing v. State
955 P.2d 394 (Court of Appeals of Washington, 1998)
In Re Kindschi
319 P.2d 824 (Washington Supreme Court, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
319 P.2d 824, 52 Wash. 2d 8, 1958 Wash. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-revocation-of-the-license-to-practice-medicine-surgery-of-wash-1958.