State Licensing Board for Healing Arts v. Alabama Board of Podiatry

249 So. 2d 611, 287 Ala. 132, 1971 Ala. LEXIS 696
CourtSupreme Court of Alabama
DecidedJune 10, 1971
Docket3 Div. 464
StatusPublished
Cited by1 cases

This text of 249 So. 2d 611 (State Licensing Board for Healing Arts v. Alabama Board of Podiatry) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Licensing Board for Healing Arts v. Alabama Board of Podiatry, 249 So. 2d 611, 287 Ala. 132, 1971 Ala. LEXIS 696 (Ala. 1971).

Opinion

HARWOOD, Justice.

On 29 October 1969, Douglas O. Benton, as Executive Officer of the State Licensing Board for the Healing Arts, sent to Dr. Paul D. Wilton in Mobile, the following letter:

“You are hereby summoned to appear in person or by counsel or both before the State Licensing Board for the Healing Arts on November 20, 1969, at 11:00 A.M., to show cause why your license to practice Chiropody should not be revoked, according to violation of Title 46-257, Section 21(9), Code of Alabama.
“The hearing to be held in Room 209, Public Safety Building, 500 Dexter Avenue, Montgomery, Alabama.”

On 18 November 1969, Dr. Wilton, a licensed Podiatrist, and a member of the Alabama Board of Podiatry, together with the Board of Podiatry, and the other members thereof, acting individually and as members of the Board, filed a bill in the Circuit Court of Montgomery County seeking a temporary injunction restraining Benton, and the State Licensing Board for the Healing Arts from holding the hearing set for 20 November 1969. The bill further prayed that upon final hearing that the temporary restraining order be made permanent. It was further prayed that the Chancellor issue a decree declaring that the Alabama Board of Podiatry has exclusive jurisdiction governing the conduct of podiatrists in Alabama and in the matter of suspending or revoking the licenses granted to podiatrists. It was further prayed that after hearing the Chancellor declare that podiatrists licensed to practice their profession in Alabama are lawfully entitled to prescribe medication for treatment of any local ailment of the human foot.

On the day this bill was filed, 18 November 1969, the Chancellor issued an order temporarily restraining the Board for the Healing Arts from holding the hearing set for 20 November 1969. This restraining order was not, however, served upon the Board for the Healing Arts or on Benton prior to 20 November 1969, and on that day the Board for the Healing Arts issued an order revoking Dr. Wilton’s license as a podiatrist. Dr. Wilton, relying upon the temporary injunction prohibiting the hearing, did not appear at the hearing.

Thereafter Dr. Wilton filed on the law side of the Circuit Court of Montgomery County a petition for a writ of mandamus requiring the Board for the Healing Arts to vacate its order revoking his license, and the petition was granted.

On that same day the bill filed by the members of the Board of Podiatry was submitted to the Chancellor. The Board of Podiatry submitted upon the bill of complaint a stipulation of facts, and the affidavits of Dr. Gordon Lee Spafford, M.D., Dr. John Wayne Lowery, M.D., and Pierre Pelham. The Board for the Healing Arts submitted upon the stipulation of facts.

The facts as stipulated by the parties show that it is the contention of Dr. Wilton, and the Board of Podiatry, who will hereinafter be referred to as the complainants, that podiatrists are under the applicable statutes authorized to prescribe medicine internally as well as externally for treatment of local ailments of the human foot, while it is the contention of the Board for the Healing Arts, hereinafter referred to as the respondents, that under such statutes podiatrists are authorized to prescribe medicines to be applied externally only for treatment of ailments of the human foot; that prior to the commencement of this action Dr. Wilton had prescribed and administered non-narcotic analgesics, oral anti-infectives or antibiotics, [135]*135antihistamines, anti-inflammatory medicacation and muscle relaxants, some for internal use and some for external use, and all in connection with and for treatment of local ailments of the human foot. In Dr. Wilton’s affidavit, made a part of the stipulation of facts, it is shown that the drugs to be taken internally were prescribed or administered to prevent infection or pain following authorized surgery on the foot, or were administered preparatory to such surgery.

The facts surrounding the proceedings by the respondents relative to the hearing on 20 November 1969, were stipulated, but since these facts have already been set out, we will not repeat them.

It was further stipulated that on 20 September 1969, the Board of Podiatry had considered charges made against Dr. Wilton for prescribing internal medicines for the treatment of local ailments of the human foot and that said Board, after a hearing, had found that Dr. Wilton had not exceeded the lawful scope of his practice of podiatry in writing such prescriptions. Dr. Wilton, being a member of the Board, had recused himself during this hearing.

In his affidavit, made a part of the stipulation of facts, Dr. Wilton asserted that after three years of undergraduate work at Indiana University, he enrolled in the Chicago College of Podiatry from which he graduated in 1954. As a student he was trained in pharmacology, medicine, materia medicine, and therapeutics, and completed background work in such courses as biochemistry, microbiology, etc. Since graduation he has regularly attended seminars at least twice a year sponsored by national, regional, and state podiatric associations. These seminars consist of lectures by medical doctors, qualified podiatrists, pharmacists, physical therapists, and personnel of the United States Public Health Service. He also subscribes to various journals in the field of podiatry, and pharmacology.

He has been a member of the State Board of Podiatry since its creation.

Dr. Wilton’s affidavit further asserted that the Alabama Board of Podiatry on 20 September 1969, heard charges against him for prescribing internal medicine and it was held by the Board that the prescriptions were for the treatment of local ailments of the human foot, and were permissible in the lawful practice of podiatry pursuant to the statutes covering such practice.

Dr. Wilton described his treatment of two cases specifically, namely Mr. Bousson, and Mrs. McNeil.

In Mr. Bousson’s case he had surgically removed an ulcerated callus from Mr. Bousson’s left big toe. He had then given him prescriptions for an anti-inflammatory enzyme to prevent swelling, an antibiotic to prevent infection, and a medication to reduce pain following the operation.

In Mrs. McNeil’s case he had prescribed medication to be taken internally to improve the impaired circulation in her feet, preparatory to surgery for the removal of several hard and soft corns. At the same time he gave her a prescription for tablets to be taken after the surgery to reduce possible swelling or inflammation. Actually neither of these prescriptions were filled.

Gordon Lee Spafford, M.D., stated in his affidavit that he had read Dr. Wilton’s affidavit, and that the prescriptions issued by Dr. Wilton to Mr. Bousson and Mrs. McNeil were, in his opinion, the same or similar treatment as that which he or any medical doctor would have followed in the cases. Further, the medicines prescribed by Dr. Wilton were not unreasonable for treatment of the ailments of the human foot.

John Wayne Lowery, M.D., gave an affidavit substantially similar to that given by Dr. Spofford.

The Chancellor made a rather extensive finding of facts. He found that in addition to the standard podiatry examination already mentioned, that the course of study in a four-year college of podiatry covers, [136]

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705 F. Supp. 540 (M.D. Alabama, 1989)

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Bluebook (online)
249 So. 2d 611, 287 Ala. 132, 1971 Ala. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-licensing-board-for-healing-arts-v-alabama-board-of-podiatry-ala-1971.