Section 317. Statutory Provisions Regulating.

There are statutes in the several states regulating the practice of medicine, pharmacy and dentistry, which forbid any person practicing in these professions until after passing a satisfactory examination under the rules of the state boards of these respective professions. These laws have met the constitutional tests and have been sustained as a proper exercise of the police power.19

12 4 Blackstone Com., 167.

13 State vs. Wabash Paper Co., 21 Ind. App., 167.

14 State vs. Smith, 82 Iowa, 423.

15 State vs. Rankin, 3 S. C, 438; 4 Blackstone Com., 167; State vs. Houck, 73 Ind., 37; Lippman vs. City of South Bend, 84 Ind., 276. 16 State vs. Wolfe, 112 N. C, 889.

17 State vs. Portland, 74 Me., 268;

Seacord vs. People, 121 Ill., 631.

18 Seacord vs. People, 121 Ill, 634.

But a statute which prohibits any person except registered pharmacists from selling patent or proprietary medicines and domestic remedies is invalid where it does not call for the exercise of any scientific skill of the pharmacist in determining the qualities or properties of such patent medicines as are required in the compounding of medicines; it is class legislation.20

Persons in the different schools of medical practice either are or are not included within the statute according to the language of the law describing the manner or method of practice.

The prescribing of any drug or medicine or other agency for the treatment of disease or affliction does not include the system of osteopathy, which is practiced by rubbing and kneading the body without the administration or application of medicines or drugs.21

But to treat or operate upon includes the rubbing of the affected parts.22

Nor is the system called Christian Science within these statutes.23

19 In re Roe Chung, 9 N. M., 130; Ketters vs. People, 221 Ill., 221, 229 (Dentistry); Williams vs. People, 121 Ill., 84-88 (Medicine); Noel vs. People, 187 Ill., 587-597 (Pharmacy).

20 Noel vs. People, 187 111., 587-597; State vs. Donaldson, 41 Minn.. 74.

21 State vs. Leffring, 61 Ohio St., 39; See Eastman vs. People, 71 111. App., 236.

22 Jones vs. People, 84 Ill. App., 453

23 Evans vs. State, 6 Ohio N. P., 129. Contra: Hughes' Cr. Law, Sec. 1873; State vs. Bus-well, 40 Neb., 158.