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How did Oregon pass Medical Licensing Laws in the 19th Century

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Estes challenged the board’s decision to revoke his license, and the trial court reversed the revocation. While Estes was convicted of performing an illegal abortion, his patient recanted her testimony during the license revocation hearing and claimed that she was confused and sick with a fever during the criminal trial. His patient’s inability to speak English also hampered the efforts of the prosecutor to cross-examine her. The prosecution failed to provide any other admissible evidence to support the charges. The board also failed to file an appeal of the circuit court’s decision in a timely fashion. The board was forced to reinstate Estes as practicing physician and surgeon. The Estes cases demonstrated the difficulty in enforcing ethics laws. Even though Estes was convicted of performing an abortion, the court was not willing to use that conviction as evidence against Estes. Medical boards had to prove their cases in their own administrative hearings.
Even as Oregon’s physicians were amending their practice act in 1891, another state, New York, that was slow to adopt actual licensing slowly began to move forward. In 1891, the New York Medical Practice Act finally went into effect after laboring under a mishmash of laws for almost twenty years. While there is no any evidence that New York’s Regulars resorted to bribery to pass the bill, it was an incredibly difficult task for other reasons. Even though New York was one of the first states to pass a medical licensing law complete with an examining board (later vetoed by the governor) the state’s Regular physicians were stymied in their efforts to pass another law to create an examining board. While there had been efforts to reform the medical education from the state’s public medical schools, Regulars had not come any closer to forcing the state’s physicians to take a licensing exam.
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