Cited by 0Legal Education and Practice InnovationsJudicial and Constitutional Studies

The Medical Practice Act of Indiana

Open access
VINNEDGE, W. W.·1899·Journal of the American Medical Association

Abstract

The common law is a true reflection of social conditions. By it the people express their accumulated opinions. It is an index to the past and must mark our progress in the future. The common or unwritten law is supposed to be founded upon the imperceptible growth of the usages and conventionalisms of men; maturing little by little until, in theory, it becomes as is said, the perfection of reason; while statute or written law is the abrupt expression of the legislative will founded upon the accumulated opinions of the people. The one corrects evils and supplies needs by slow processes; the other overturns, alters, and invents remedies, as occasions arise; and its enactments are wholesome and beneficial or otherwise, according as the legislative mind is intelligent and pure. No matter what our individual ideas may be, whether of social or professional conditions, we must accept, for the time being

Integrity signals

Registry

Crossref · 10.1001/jama.1899.92450300024001i

Cites

Statistics

Nothing to recompute.

Claims the paper makes

0 of 4 cited sources checked · 0 supported · 0 flagged

  • Interpretationreasoning
    § Abstract

    The major professional organizations in Indiana are united in a legal alliance under the Act.

    “Here are the great professional organizations of the State united in a legal alliance.”
    Quote in the paperSubstantial claim
  • Interpretationreasoning
    § Abstract

    The Act is no barrier to the wanderings, pretensions, and peculations of the charlatan and the strictly commercial physician.

    “So this Act is no bar to the wanderings and pretensions and peculations of the charlatan and the strictly commer¬ cial physician.”
    Quote in the paperSubstantial claim
  • Classified as probably not a substantial claim. 11
  • May combine two claims. 5
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § Abstract

    The present Medical Practice Act of Indiana will require early and liberal amendments along the suggested lines to remain a useful and forceful law.

    “In conclusion, I believe it is not too much to say that the present Medical Practice Act of this State will require early and liberal amendments on the lines suggested, in order to be continued as a useful and forceful law on our statute books.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The public needs protection against shams and quackery.
    • Rests on an assumption: The medical profession should maintain public confidence and esteem.
  • May combine two claims.

    Premisecitation
    § Abstract

    Section 7 of the Act does not eliminate itinerant pretenders, street vendors of nostrums, or female peddlers of devices and drugs intended for nefarious uses.

    “It is certainly unfortunate for the people that Sec¬ tion 7 of the Act does not do away with the itinerant pretender of wonderful cures, and of the flambeau and night noises of the street vender of uncertain nos¬ trums, and of female peddlers of devices and drugs intended for nefarious uses.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Section 7

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § Abstract

    It is irrational to suppose that persons as illiterate as these examinations have shown some to be could intelligently read any medical work.

    “It is irrational and unreasonable to suppose that per¬ sons as illiterate as these examinations have proven some to be, could intelligently read any medical work.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim. May combine two claims.

    Interpretationnone given
    § Abstract

    Under the current Act, a State Board member who files formal information to start legal proceedings is frequently exposed to unpleasant notoriety or scandal and is almost sure to be accused of malicious persecution of a competitor by newspapers and the public.

    “In its present state, the member of the State Board of Medical Examiners who files the for¬ mal information, to set the legal machinery in motion, is frequently exposed to unpleasant notoriety, if not scandal, for instituting proceedings against a compe¬ ting practitioner; he is almost sure to be charged with malicious persecution of a competitor, by the news¬ papers and by the unthinking public”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

    Interpretationnone given
    § Abstract

    All reputable medical practitioners in the future will possess a diploma from a respectable medical college, or a medical education that would obtain one if sought.

    “Let it be presumed that all repu¬ table medical practitioners in the future will possess a diploma from a respectable medical college, or pos¬ sess a medical education that will obtain one for him if he seeks it.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim.

    Premisenone given
    § Abstract

    The Act is silent on the elementary educational qualifications of licentiates.

    “It seems strange to me that the Act which under¬ takes to curtail the defects of persons who may be¬ come practitioners of medicine in the State is strik¬ ingly silent as to the elementary educational qualifi¬ cations of licentiates.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § Abstract

    If enforcement were made inquisitorial, preferably in the grand jury room, it would eliminate the unpleasant notoriety and possible injury to the Act's operations.

    “If the enforcement of the law were made in¬ quisitional, in the grand jury room if possible, it would do away with unpleasant notoriety, if not posi¬ tive injury to the operations of the Act.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

    Interpretationreasoning
    § Abstract

    The Act's requirement that applicants declare a school affiliation tends to foster medical sectarianism, narrow thinking, prejudice, and to prevent unification of scientific investigation.

    “It tends to foster medical sectarianism, narrowness of thought and encrusted prejudice, and to prevent the unifica¬ tion of scientific investigation.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning
    § Abstract

    Tolerating the practice of itinerant pretenders causes the medical profession to lose public confidence and esteem.

    “Tolerate the practice of such men, and little by little the profes¬ sion at large suffers in public confidence and esteem.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisecitation
    § Abstract

    A licensed physician in Indiana has the right to practice anywhere in the State, may have one residence for licensing, and may maintain multiple offices.

    “I think a licensed physician has a right to practice anywhere in the State.He can have but one residence at which he is required to take out a license, but I see no rea¬ son in the law why he could not maintain any num¬ ber of offices if he feels so disposed.”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites Attorney General Ketcham

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites State Board Report, 1897, p. 427

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given
    § Abstract

    The State Board of Medical Examiners could easily assess an applicant's character and qualifications if materia medica and therapeutics were omitted from the statute.

    “The State Board of Medical Examiners could easily estimate the char¬ acter and qualifications of an applicant for a license with this omission.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim.

    Premisecitation
    § Abstract

    Section 2 of the Indiana Medical Practice Act makes possession of a diploma the deciding factor for a person's qualification to practice medicine.

    “Taking up Section 2 of the Act, I object to the diploma in the possession of any one as his personal property being made the deciding power of his quali¬ fication for practice.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Section 2

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

12 of 12
  • The paper relies on this without support.

    The public needs protection against shams and quackery.

    “For no other reason than to protect the pub¬ lic against shams, against quackery.”
  • The paper relies on this without support.

    The medical profession should maintain public confidence and esteem.

    “Tolerate the practice of such men, and little by little the profes¬ sion at large suffers in public confidence and esteem.”
  • The paper relies on this without support.

    The standard of qualification to practice medicine should be uniform and based on examination rather than on a diploma.

    “Every applicant for a license to practice medicine, surgery and obstetrics in this State ought to go before the State Board of Medical Exam¬ iners and undergo his examination.”
  • The paper relies on this without support.

    The State Board of Medical Examiners cannot obtain judicial knowledge of all or even part of the medical colleges in the country.

    “How can or does our State Board of Medical Exam¬ iners obtain judicial knowledge of all or even part of the 160 medical colleges, more or less, of the country ?”
  • The paper relies on this without support.

    Itinerant doctors and vendors practice impositions on the ignorant and incredulous.

    “It does not follow that because some of these loquacious itinerants may be men of fair attainments, they do not practice impo¬ sitions upon the ignorant and incredulous.”
5 of 5

Authors
VINNEDGE, W. W.
Corresponding author
VINNEDGE, W. W.
Venue
Journal of the American Medical Association
Published
1899-01-21
Volume
XXXII
Issue
3
Pages
122
ISSN
0002-9955 (ISSN-L)
OpenAlex
W2047246573
Cited by
0
References
0
FWCI
0.00
Type
journal article
Language
en
Open access
Locations
  • JAMA (publishedVersion)
  • Zenodo (CERN European Organization for Nuclear Research) (submittedVersion, public-domain)
Topics
  • Social Sciences › Law › Legal Education and Practice Innovations
  • Social Sciences › Law › Judicial and Constitutional Studies
Keywords
medical practice acts, Indiana, medical licensing, medical regulation, common law, statutes, professional law

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Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-09-29.

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