Appeal from order of Court of Common Pleas of Dauphin County, No. 648 Commonwealth Docket, 1963, in case of State Board of Podiatry Examiners v. Sidney J. Lerner.
Charles A. Woods, Jr., Deputy Attorney General, with him Norman Ackerman, Assistant Attorney General, and William C. Sennett, Attorney General, for State Board of Podiatry Examiners, appellant.
Irving Warren Singer, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Spaulding, J.
[ 213 Pa. Super. Page 64]
This is an appeal by the Pennsylvania State Board of Podiatry Examiners from an order of the Commonwealth Court directing the Board to accept the application of Sidney J. Lerner, appellee, for registration as a podiatrist. The matter came before the Commonwealth Court on appeal from an adjudication by the Board barring further practice of chiropody, now known as podiatry, by appellee without taking an examination and complying with all other provisions required by the Chiropody Act of 1956, March 2, P. L. 1206, as amended.
On August 27, 1936, after passing the required examination, appellee was licensed to practice chiropody in the Commonwealth by the Pennsylvania State Board of Medical Education and Licensure. Appellee actively practiced chiropody until September 1952 and was registered annually with the Board until that time.*fn1
[ 213 Pa. Super. Page 65]
In 1953, he notified the Board that he was no longer engaged in the active practice of chiropody. In 1955, he executed and filed an affidavit of nonpractice which certified that he had not practiced chiropody in Pennsylvania from January 1, 1953 to December 31, 1954.*fn2
Subsequently, the Legislature enacted the Chiropody Act of 1956.*fn3 Section 3 provides: "Any person who has heretofore been licensed to practice chiropody in this Commonwealth and who is so licensed on the date of the approval of this act and who desires to continue the practice of podiatry or chiropody must be licensed and registered under the provisions of this act, and, upon making application and payment of a fee of five dollars ($5.00), on or before the thirty-first day of December, one thousand nine hundred fifty-six, such person will be licensed under the provisions of this act without being required to take the examination provided by this act."*fn4 (Emphasis added.) Section 9 provides for the annual registration of chiropodists: "The board shall issue a license to practice chiropody to those qualified under the provision of this act. All original registrations shall expire on the first day of January next succeeding the issue thereof, and thereafter, each person so registered shall be required to register annually before the first day of January of each succeeding year. The form and method of such registration shall be provided for by the board in a manner enabling it to carry into effect the purposes of this act. Each person who registers shall pay for
[ 213 Pa. Super. Page 66]
each annual registration a fee of five dollars ($5), or the amount the department may determine . . . ."*fn5
After a hearing before the State Board of Podiatry Examiners on June 26, 1963, the Board found that appellant was not licensed to practice chiropody or podiatry on December 31, 1956 -- the last date under the Act which persons previously licensed could register and be relicensed without taking an examination. In its adjudication of October 21, 1963, the Board concluded: "Sidney J. Lerner is not authorized to practice chiropody, now known as podiatry, and may not be licensed to so practice without ...