People v. Cantor
18 Cal. Rptr. 363, 1961 Cal. App. LEXIS 2602, 198 Cal. App. Supp. 2d 843 (1961)
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Rule of Law:
The use of hypnotism as a curative measure or mode of procedure by an individual not licensed to practice medicine constitutes the unlawful practice of medicine under state law.
Facts:
- The appellant, who was not a licensed physician, operated the 'National Hypnosis Institute' and advertised the benefits of hypnosis for conditions like weight loss, nervousness, and bad habits.
- A female prosecution witness contacted the appellant, stating she was overweight and had eye pain.
- The appellant told this witness he could help her lose 20 to 30 pounds, relieve her eye pain, and guaranteed results. He then attempted to hypnotize her, prescribed self-hypnosis, and placed his hands on her head and forehead.
- A second female prosecution witness contacted the appellant, stating she was very nervous and had a severe headache.
- The appellant diagnosed her condition first as a 'tension headache' and later as a 'migraine headache,' assuring her he could make her well.
- He placed his hand on the back of her head, asked if she could feel the pain subside, and instructed her in self-hypnosis to eliminate the pain.
- The appellant accepted payment from both witnesses for his services.
Procedural Posture:
- A criminal prosecution was initiated against the appellant in a state trial court.
- Following a trial, the appellant was convicted and sentenced on two counts of practicing medicine without a license in violation of Business and Professions Code section 2141.
- The appellant appealed his conviction to the Appellate Department of the Superior Court.
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Issue:
Does the use of hypnotism by an unlicensed individual to diagnose or treat ailments such as obesity, nervousness, and headaches constitute the unlawful practice of medicine under California Business and Professions Code section 2141?
Opinions:
Majority - Huls, J.
Yes. Using hypnotism to diagnose and treat ailments constitutes the unlicensed practice of medicine. The Business and Professions Code section 2141 broadly prohibits unlicensed individuals from practicing any system of treating the sick, holding oneself out as doing so, diagnosing, or treating any physical or mental condition. The appellant's actions fell squarely within these prohibitions. He advertised curative services, diagnosed conditions like 'migraine headache,' and applied a 'supposed curative agency'—hypnosis and the laying on of hands—to treat the witnesses' reported ailments. The court found that such conduct is precisely what the statute intends to regulate, regardless of whether the practitioner calls himself a doctor. Citing a similar Texas case, the court established for the first time in California that the practice of hypnotism for therapeutic purposes is considered the practice of medicine and requires a license.
Analysis:
This case is significant for establishing that non-traditional or alternative healing methods, such as hypnotism, fall under the legal definition of 'practicing medicine' when used to diagnose or treat health conditions. The decision broadened the application of medical licensing laws beyond conventional medicine, putting practitioners of alternative therapies on notice that their activities are subject to state regulation. It affirms that the law focuses on the function performed (diagnosing and treating) rather than the specific modality used or the title claimed by the practitioner. This precedent ensures that states can regulate a wide array of practices that claim to offer cures for physical or mental ailments to protect the public.
