Dent v. West Virginia
Encyclopedia
Dent v. West Virginia, , was an important United States Supreme Court
case involving the reputable practice of physicians and state laws in the late nineteenth century.
, a group which accepted and taught the conventional medical science of the time. However, in the area of therapeutics, the Eclectics carried on a rigorous campaign against excesses of drugging and bleeding, which were still practices used by many physicians at the time. In addition, all but one of their medical schools were open to women.
Dent had been in practice for six years when he was convicted under an 1882 West Virginia
law which required physicians to hold a degree from a reputable medical college, pass an examination, or prove practice in West Virginia for the previous ten years. In this case, the State Board of Health refused to accept Dent's degree from the American Medical Eclectic College of Cincinnati.
delivered the Court's unanimous opinion which upheld the West Virginia statute. Field noted that each citizen had a right to follow any lawful calling, subject to natural restraints such as age, sex, etc., as well as state restrictions, as long as those state restrictions were reasonable. In addition, the Court ruled that medicine, because of the careful nature of its training, the large knowledge of the human body required of doctors, and nature of life-and-death circumstances with which doctors dealt, reliance needed to be placed on the assurance of a license. Certain circumstances might prompt states to exclude people without licenses from practicing medicine.
, 170 U.S. 189 (1898) when it ruled that character was also an important qualification for doctors wishing to obtain a license.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case involving the reputable practice of physicians and state laws in the late nineteenth century.
The Case
Frank Dent was a physician of the Eclectic sectEclectic medicine
Eclectic medicine was a branch of American medicine which made use of botanical remedies along with other substances and physical therapy practices, popular in the latter half of the 19th and first half of the 20th centuries....
, a group which accepted and taught the conventional medical science of the time. However, in the area of therapeutics, the Eclectics carried on a rigorous campaign against excesses of drugging and bleeding, which were still practices used by many physicians at the time. In addition, all but one of their medical schools were open to women.
Dent had been in practice for six years when he was convicted under an 1882 West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
law which required physicians to hold a degree from a reputable medical college, pass an examination, or prove practice in West Virginia for the previous ten years. In this case, the State Board of Health refused to accept Dent's degree from the American Medical Eclectic College of Cincinnati.
The Decision
Justice Stephen FieldStephen Field
Professor Stephen P Field, FRCGP is a British doctor and general practitioner, former Chairman of the Royal College of General Practitioners and Chairman of the Department of Health's Inclusion Board. In 2011, the United Kingdom government appointed him to chair the NHS Future Forum formed to...
delivered the Court's unanimous opinion which upheld the West Virginia statute. Field noted that each citizen had a right to follow any lawful calling, subject to natural restraints such as age, sex, etc., as well as state restrictions, as long as those state restrictions were reasonable. In addition, the Court ruled that medicine, because of the careful nature of its training, the large knowledge of the human body required of doctors, and nature of life-and-death circumstances with which doctors dealt, reliance needed to be placed on the assurance of a license. Certain circumstances might prompt states to exclude people without licenses from practicing medicine.
Aftermath
Later, the Court would extend its decision in the case Hawker v. New YorkHawker v. New York
Hawker v. New York, 170 U.S. 189 , is a case in which the Supreme Court of the United States upheld a New York state law preventing convicted felons from practicing medicine, even when the felony conviction occurred before the law was enacted....
, 170 U.S. 189 (1898) when it ruled that character was also an important qualification for doctors wishing to obtain a license.
See also
- Hawker v. New YorkHawker v. New YorkHawker v. New York, 170 U.S. 189 , is a case in which the Supreme Court of the United States upheld a New York state law preventing convicted felons from practicing medicine, even when the felony conviction occurred before the law was enacted....
, 170 U.S. 189 (1898) - List of United States Supreme Court cases, volume 129