State v. Miller

542 N.W.2d 241 (1995)

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Legal Analysis

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

D was charged with seven counts of practicing medicine without a license. Several persons testified describing treatments they received from D in his home for various ailments. His usual method of treatment was to put a lock of the person's hair or a photograph of the person into a machine called a radionics device. After recording numerous readings from the device on a chart, he would treat the person by administering mild electric shocks from a 'function generator,' massaging the person's feet or neck, or placing large magnets next to the person. D often sold or recommended natural vitamins or nutrients to the people who visited him. D never charged for the treatments but accepted donations of $10 for each treatment. He did not have any license to practice medicine, osteopathy, or surgery. Dr. Renner, Director of the Consumer Health Information Research Institute, testified as an expert witness for the State. He found the various treatments and vitamins while not necessarily harmful, were generally not medically useful. In his opinion the primary danger was not from the medicine itself, but from the fact it delayed appropriate, potentially beneficial, medical treatment. D was found guilty on all seven counts. The sentences were suspended and D was placed on probation for five years. D appealed.

Issues

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Holding & Decision

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