HomeMy WebLinkAbout680400.tiffHAROLD W. ANDERSON, CHAIRMAN
JOHNSTOWN
EDWARD L. DUNBAR, CHAIRMAN PRO.TEM
1229 23RD AVENUE CT., GREELEY
MARSHALL H. ANDERSON. MEMBER
2412 0TH AVENUE, GREELEY
SAMUEL S. TELEP
COUNTY ATTORNEY
ANN SPOMER. COUNTY CLERK
AND CLERK OF BOARD
PHONE 939.2212 EXT.21
U N T" gat'
COLORADO
OFFICE OF THE BOARD OF COUNTY COMMISSIONERS
GYRE E L€4`. COLO.
January 23, 1968
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 pro-
fession; 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
G L
61(G17W
Board of County Commissioners January 23, 1968
Page 2
Hospital. Whether or not the Board has adopted a rule or
regulation excluding osteopaths from practicing their pro-
fession 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.
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 accredita-
tion 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,
.2
SAMUEL S. TELEP
Weld County Attorney
SST:js
Hello