Appeal from the Order of the Department of State in case of Commonwealth of Pennsylvania, Department of State v. Irwin A. Schatzberg, D.C.
Gerald H. Goldberg, for appellant.
Jeffrey G. Cokin, Deputy Attorney General, with him Robert P. Kane, Attorney General, for appellee.
W. E. Shissler, with him Nauman, Smith, Shissler & Hall, for amicus curiae, Pennsylvania Chiropractic Society.
John D. Killian, with him Killian & Gephart, for amicus curiae, Life Fellowship of Pennsylvania.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers. Judge Mencer dissents.
[ 29 Pa. Commw. Page 428]
This is the appeal of Irwin A. Schatzberg, a doctor of chiropractic, from an adjudication of the State Board of Chiropractic Examiners suspending the appellant's license to practice his profession for a period of two days. The appellant stipulated in this test case that he administered acupuncture*fn1 in violation of a regulation of the State Board of Chiropractic Examiners. The regulation, which is to be found at 49 Pa. Code § 5.3, reads:
The practice of acupuncture is not within the scope of the practice of a chiropractor under the Chiropractic Registration Act of 1951 (63 P.S. §§ 601-624). For the purpose of this section, acupuncture means the insertion of acupuncture needles or needle like instruments into any point of the skin.
[ 29 Pa. Commw. Page 429]
The appellant, with the support of an amicus curiae, the Pennsylvania Chiropractic Society, contends that the regulation is counter to the statutory definition of chiropractic provided by the General Assembly and that any regulation or statute prohibiting chiropractors from practicing acupuncture unconstitutionally denies them the equal protection of the law. Although the State Board of Chiropractic Examiners decided against the appellant, it did so reluctantly and only because it was required to follow the legal opinion of the Attorney General of Pennsylvania, on whose advice the regulation in question was promulgated. Additional support for the Board's order is, however, provided by an amicus curiae brief filed in behalf of a professional association of licensed practitioners of chiropractics, called Life Fellowship of Pennsylvania, which opposes the practice of acupuncture by chiropractors.
The word chiropractic is defined in Section 2(b) of the Chiropractic Registration Act of 1951,*fn2 as follows:
'Chiropractic' shall mean a limited science of the healing arts dealing with the relationship between the articulations*fn3 of the vertebral column, as well as other articulations, and the nervous system and the role of these relationships in the restoration and maintenance of health. It shall include chiropractic diagnosis; a system of locating misaligned or displaced ...