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ES RKJr. P,.R.
MARSHALL N. ANDERSON, CHAIRMAN
X411 5TH AVE., , COLO.
GLENN K. BILLINGS, CHAIRMAN PRo-TEN
RT. a, BoX 15T, OREELEY, COLD.
HAROLD W. ANDERSON. M
RT. I, JOHNSTOWN, COLD.
SAMUEL S. TELEP
COUNTY ATTORNEY
ANN SPOMER, COUNTY CLERK
AND CLERK OF BOARD
PHONE 251.1112 EXT. a1
OFFICE of THE BOARD OF COUNTY COMMISSIONERS
August 12, 1969
•
Board of County Commissioners
Weld County Court House
Greeley, Colorado 80631
Gentlemen;
Your question, "Can hospital authorities enforce a rule excluding
osteopathic physicians from practicing their profession in a county hospital?"
The answer is, Yes.
My opinion is based on the case of Newton vs. Board of County
Commissioners of the County of Weld, 86 Colo. 446, wherein the Colorado
Supreme Court ruled that the County Board has complete supervision and control
of county hospitals in Colorado, and a regulation excluding from the right
to practice in such a hospital the devotees of some of the numerous systems
or methods authorized to practice the profession; that is, osteopaths, is
neither unreasonable nor arbitrary, nor contrary to any provision of Federal
or state constitutions.
This case was decided November 25, 1929, when the county hospital was
under the supervision and control of the Board of County Commissioners; however,
subsequently, under '63 C. R. S. 66-7-4 (1) supervision and control of the county
hospital was delegated to the Board of Trustees, and when the Weld County Hospital
was established it was specifically granted the power and authority heretofore
had by the Board of County Commissioners. This case is still ruling law in
Colorado. Same has been cited time and time again by our Supreme Court, and has
not to the present time either been reversed or modified.
In view of the above, it is my opinion that a physician has no constitutional
or statutory right to practice his profession in a county hospital. The County
Hospital Board has complete supervision and control of the Weld County Hospital.
Whether or not the Board has adopted a rule or regulation excluding osteopaths
from practicing their profession in the hospital would have to be ascertained by
checking with the Hospital Board. It may be that the Medical Association has
adopted rules and regulations setting up standards for admission to practice at
the hospital. This also may be ascertained by checking with the Hospital Board.
690360
Board of County Commissioners
Page 2
August 12, 1969
Assuming that the Board has adopted such a rule and regulation, it
follows, therefore, that unless the Hospital Board keeping in mind the
continuation of the high accreditation of the hospital, changes its rules
and regulations, there is nothing that can be done concerning the exclusion
of osteopathic physicians from practicing their profession in a county hospital.
I trust that I have fully answered your inquiry.
Sincerely,
7, 1 ' {
SAMUEL S. TELEP
Weld County Attorney
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