Legal Opinion

Kale v. South Carolina Department of Health & Environmental Control

Supreme Court of South Carolina

Decided April 30, 1990No. 23200PublishedCited by 1 opinion

1Opinion of the Court

Gregory, Chief Justice:

This appeal is from an order of the circuit court upholding the constitutionality of S.C. Reg. 61-90 § 101(A) (1989). We affirm.

Appellant is a chiropractor operating a facility licensed by respondent (DHEC) to operate under the name “Kale Chiropractic Day Clinic — 24 Hour Facility.” Appellant wishes to operate and advertise his facility as a “chiropractic hospital” which is specifically prohibited by Reg. 61-90 § 101(A). After DHEC denied his request for repeal of the regulation, appellant commenced this declaratory judgment action challenging the constitutionality of…

2Cases cited5 opinions

  1. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  2. Ohralik v. Ohio State Bar Assn.Supreme Court of the United States · 1978
  3. Friedman v. RogersSupreme Court of the United States · 1979
  4. Bauer v. StateSupreme Court of South Carolina · 1976
  5. Ex Parte Estate of Evans v. Lynch Ex Rel. Estate of EvansSupreme Court of South Carolina · 1989

3Cited by1 opinion

  1. Howard v. Owen Steel Co.Supreme Court of South Carolina · 1991

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