Potts v. ILL. DEP'T OF REGIS. & EDUC.

538 N.E.2d 1140, 128 Ill. 2d 322
CourtIllinois Supreme Court
DecidedApril 20, 1989
Docket66739
StatusPublished

This text of 538 N.E.2d 1140 (Potts v. ILL. DEP'T OF REGIS. & EDUC.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Potts v. ILL. DEP'T OF REGIS. & EDUC., 538 N.E.2d 1140, 128 Ill. 2d 322 (Ill. 1989).

Opinion

128 Ill.2d 322 (1989)
538 N.E.2d 1140

MARY ANN POTTS et al., Appellees,
v.
THE ILLINOIS DEPARTMENT OF REGISTRATION AND EDUCATION, Appellant.

No. 66739.

Supreme Court of Illinois.

Opinion filed April 20, 1989.
Rehearing denied May 26, 1989.

*323 *324 Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and William D. Frazier, Assistant Attorney General, of Chicago, of counsel), for appellant.

James T. Londrigan and Timothy J. Londrigan, of Londrigan & Londrigan, of Springfield, for appellees.

Saul J. Morse, of Morse, Giganti & Appleton, of Springfield, for amicus curiae Illinois State Medical Society.

Judgment reversed.

JUSTICE CLARK delivered the opinion of the court:

In this appeal we are presented with a constitutional challenge to the Medical Practice Act of 1987 (the Act) *325 (Ill. Rev. Stat. 1987, ch. 111, par. 4400-1 et seq.), which provides for the licensure of doctors of medicine. The circuit court of Sangamon County found that the Act deprived the appellees of their property right in the practice of their profession without due process of law and held it to be unconstitutional as applied to the practice of naprapathy. Appellant, the Illinois Department of Registration and Education, filed this direct appeal pursuant to Supreme Court Rule 302(a)(1) to challenge the court's ruling. (107 Ill.2d R. 302(a)(1).) The Illinois State Medical Society was granted leave to file an amicus curiae brief in support of the appellant's position.

The appellees in this case, Mary Ann Potts and Irwin A. Kossack, are both naprapaths. Naprapathy, broadly defined, is "a therapeutic system of drugless treatment by manipulation depending on the theory that disease symptoms result from disorder in the ligaments and connective tissues." (Webster's Third New International Dictionary 1502 (3d ed. 1971).) In October 1984, Potts filed an application with the Illinois Department of Registration and Education (the Department) for a license to practice medicine without drugs or operative surgery under the Medical Practice Act. Ill. Rev. Stat. 1983, ch. 111, par. 4401 et seq.

At that time, section 2 of the Act provided:

"No person shall practice medicine, or any of its branches, or midwifery, or any system or method of treating human ailments without the use of drugs or medicines and without operative surgery, without a valid, existing license to do so." Ill. Rev. Stat. 1983, ch. 111, par. 4403.

Section 4 provided in part:

"Each applicant for such examination shall:
* * *
3. Designate specifically the name, location, and kind of professional school, college, or institution of which he *326 is a graduate and the system or method of treatment under which he seeks, and will undertake, to practice * * *." Ill. Rev. Stat. 1983, ch. 111, par. 4410.

Pursuant to statutory requirements, Potts indicated that she was a graduate of a naprapathic institution and desired to practice naprapathy. On April 5, 1985, Potts was informed by the Department that her application had been denied as a matter of law based upon the Department's determination that the Medical Practice Act, as it existed at that time, did not contemplate the licensure of naprapaths. The Department indicated that based upon its interpretation of the Act, only osteopaths and chiropractors could be licensed to treat human ailments without drugs or surgery.

Potts filed a complaint for administrative review in the circuit court of Sangamon County, requesting judicial review of the Department's ruling. On administrative review, the circuit court ordered the Department to determine whether naprapathy was a system or method of treating human ailments which entitled proper applicants to licensure.

On the Department's motion, the trial court certified that the question of whether naprapathy was a system of treating human ailments as contemplated by the Medical Practice Act was a proper subject for interlocutory appeal pursuant to Supreme Court Rule 308(a) (107 Ill.2d R. 308(a)). The appellate court granted the Department's petition for interlocutory review and held that the Department had erroneously interpreted the Medical Practice Act. It held that naprapathy was a system of treating human ailments within the purview of the Medical Practice Act and that naprapaths were eligible for examination and licensure. 145 Ill. App.3d 960.

Subsequent to the appellate court's decision, the legislature enacted the Medical Practice Act of 1987 (Ill. Rev. Stat. 1987, ch. 111, par. 4400-1 et seq.) to regulate *327 the practice of medicine in Illinois. Section 3 of the Act prohibits any person from practicing medicine unless he possesses a license issued under the Act. (Ill. Rev. Stat. 1987, ch. 111, par. 4400-3.) The Act provides for two classes of licenses: one which authorizes the practice of medicine in all its branches, and the other, which has been referred to as a limited license, which permits the treatment of human ailments without the use of drugs or operative surgery. (Ill. Rev. Stat. 1987, ch. 111, par. 4400-11.) Sections 11(A) and (B) of the Act set out the minimum standards of professional education required under the Act for a license to practice medicine. (Ill. Rev. Stat. 1987, ch. 111, pars. 4400-11(A), (B).) Section 11(A) applies to the practice of medicine in all its branches, and requires graduation from a medical or osteopathic college as a condition of licensure. (Ill. Rev. Stat. 1987, ch. 111, par. 4400-11(A).) Section 11(B) applies to the "treating [of] human ailments without the use of drugs and without operative surgery" and requires that applicants be graduates of a reputable chiropractic college. Ill. Rev. Stat. 1987, ch. 111, par. 4400-11(B).

Individuals not licensed pursuant to the Act are prohibited from diagnosing or treating human ailments. Section 49 provides in part:

"If any person holds themselves out to the public as being engaged in the diagnosis or treatment of ailments of human beings; or suggests, recommends or prescribes any form of treatment for the palliation, relief or cure of any physical or mental ailment of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or diagnoses or attempts to diagnose, operate upon, profess to heal, prescribe for, or otherwise treat any ailment, or supposed ailment, of another; or maintains an office for examination or treatment of persons afflicted, or alleged or supposed to be afflicted, by any ailment; or attaches the title *328 Doctor, Physician, Surgeon, M.D., D.O. or D.C. or any other word or abbreviation to their name, indicating that they are engaged in the treatment of human ailments as a business; and does not possess a valid license issued pursuant to this Act, they shall be sentenced as provided in Section 59." (Ill. Rev. Stat. 1987, ch. 111, par. 4400-49.)

Pursuant to section 59, anyone violating the Act can be prosecuted for offenses ranging from a Class A misdemeanor to a Class 4 felony. Ill. Rev. Stat. 1987, ch. 111, par. 4400-59.

On June 15, 1987, the Department informed Potts that the Medical Practice Act of 1987 rendered the decision of the appellate court (145 Ill.

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538 N.E.2d 1140, 128 Ill. 2d 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potts-v-ill-dept-of-regis-educ-ill-1989.