Florida/Georgia Personal Injury & Workers Compensation

...classification of naturopaths who have practiced at least fifteen years "prior to October 1, 1957" makes the act unreasonable and discriminatory as against the class of naturopaths represented by the appellant. However, I would merely eliminate from Section 462.01, Florida Statutes, F.S.A., the words and figures "prior to October 1, 1957"....

...easonable basis in essential differences between the groups, is a denial of equal protection of the law. However, it appears to me that the objectionable aspects of this statute can be eliminated by striking the words "prior to October 1, 1957" from Section 462.01, Florida Statutes, F.S.A. By doing this we can preserve the statute and effectuate what appears to me to be an obvious legislative intent. As pointed out in my original special concurring opinion, Chapter 57-129, Laws of Florida 1957, F.S.A. § 462.01 et seq., was a perfectly obvious legislative effort to curtail drastically the practice of naturopathy in the State of Florida....

interposed by the State Attorney. In note 1 to section 462, 1 Greenleaf s Evidence (13th ed.), it is said

...actic , nor shall the provisions of this law in any manner apply to or affect the practice of osteopathy, chiropractic, Christian Science, or any other treatment authorized and provided for by law for the cure or prevention of disease and ailments. [Section 462.01 , F....

...e for patients. The court stated, in State Department of Public Welfare v. Melser, 60 So.2d 347 (Fla. 1953), that in order to eliminate any doubt as to what a naturopathic physician could not do, consideration should be given to the first proviso of s. 462.01 , F....

...S., as construed by the Supreme Court in Melser, supra , prohibits naturopaths from practicing surgery or materia medica and, even in a naturopath's statutorily authorized areas of practice, he is limited to those agencies, uses, and practices specifically enumerated in s. 462.01 , F....

...in this 'state”; and in addition to being such a person above mentioned in the first or second classification, he must also be; third, authorized by law “to use, mix or otherwise prepare narcotic drugs in connection with such treatment.” F.S. Section 462.01, F.S.A., defines “naturopathy” as follows: “For the purpose of this law natureo-pathy and naturopathy shall be construed as synonymous terms and are hereby defined to mean the use and practice of psychological, mechanical and mat...

...ectro-therapy, mecháno-therapy, mechanical and electrical appliances, hygiene, first aid, sanitation and helio-therapy * ' * (Emphasis supplied.) In order to eliminate any doubt as to what a “naturopathic” practitioner could not do, the Statute 462.01, further provides: “ * * * that nothing in this chapter shall be held or construed to authorize any naturopathic physician licensed hereunder to practice materia medica or surgery or chiropractic, nor shall the provisions of this law in any...

...t below, *351 and not of the opinion and the conclusions of law of the lower court, so as to establish a precedent for future action.” We hold in this case: (1) That there is nothing in Section 398.02(1) F.S., as construed in connection with F.S., Section 462.01 F.S.A., that confers any power upon a licensed naturopathic practitioner to prescribe narcotic drugs....

...n, or the clothing store. The payment is made to the recipient. If the recipient is dissatisfied, he or she has the right of appeal and to have a fair hearing. This is not a complaint from a recipient. The statute with reference to naturopathy, F.S. Section 462.01, F.S.A., among other things, provides: “ * * * that nothing in this chapter -shall be held or construed to authorize any naturopathic physician licensed hereunder to practice materia medica or surgery or chiropractic, nor shall the p...