SUPREME COURT OF ILLINOIS
538 N.E.2d 1140, 128 Ill. 2d 322, 131 Ill. Dec. 584 1989.IL.558
Appeal from the Circuit Court of Sangamon County, the Hon. Simon L. Friedman, Judge, presiding.
JUSTICE CLARK delivered the opinion of the court. WARD and CALVO, JJ., took no part in the consideration or decision of this case.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE CLARK
In this appeal we are presented with a constitutional challenge to the Medical Practice Act of 1987 (the Act) (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. 4402.
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 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 ...