Oregon Advisory Opinions June 23, 1967: OAG 67-104 (June 23, 1967)
Collection: Oregon Attorney General Opinions
Docket: OAG 67-104
Date: June 23, 1967
Advisory Opinion Text
OAG 67-104.
ORS 676.110 contains a list of those persons licensed to practice the healing arts in this state.
Secretary of State
You have requested an opinion on the following question:
" 'The members of what professions in Oregon would be persons licensed in this state to practice any of the healing arts'?"
You ask this question with reference to ORS 253.030 (2) which provides that an absent voter who becomes unable by reason of physical disability to attend an election in person may make application for an absent voter official ballot. That provision provides in part that:
"* * * The application shall be accompanied by the certificate of a person licensed in this state to practice any of the healing arts * * * stating that the absent voter is unable by reason of physical disability to attend the election in person * * *." (Emphasis supplied)
No definition of the term "healing art" is contained in Oregon law.
The term "healing art" is referred to as:
"* * * a generic expression and ordinarily embraces the whole art of healing and its many theories and practices. As it extends to all personal citizens of a state, it falls very clearly under its police powers. * * *" Steinbach et al. v. Metzger et al., (3d Cir., 1933) 63 F. (2d) 74.
ORS 676.110 appears to contain a definitive listing of those practicing the healing arts as it provides in part:
"Any person practicing any of the healing arts or the corrective art of optometry * * * shall add after his name * * *
"(1) * * * 'podiatrist.'
"(2) * * * 'chiropractor' * * *
"(3) * * * 'dentist' * * *
"(4) * * * 'naturopath' * * *
"(5) * * * 'optometrist.'
"(6) * * * 'osteopath' * * *
"(7) * * * 'physician and surgeon.'
"(8) * * * 'veterinarian.' "
Obviously for the purposes intended by ORS 253.030 we can eliminate veterinarians from the above list. In addition we can eliminate optometrists as the statute defines it as a "corrective art" rather than a "healing art". Except for those two exceptions you are advised that the term "healing art" as used in ORS 253.030 (2) is confined to the licensed professions enumerated in ORS 676.110. See Opinions of the Attorney General, 1948-1950, p. 287 (holding nursing not to be a "healing art").