Chiles v. Salazar · ¶158

Note, too, that such state regulation has not been limited to medical procedures: Physicians have historically been held liable for what they said when administering those procedures as well. See Graham, 21 Tex., at 119–120 (imposing liability for medical advice); Edwards v. Lamb, 69 N. H. 599, 45 A. 480 (1899); Skillings v. Allen, 143 Minn. 323, 173 N. W. 663 (1919). Moreover, in the past, States have—as part of their licensing regulations—defined the “practice of medicine” to cover practitioner speech. See, e. g., Smith v. Peo ple, 51 Colo. 270, 272, 117 P. 612, 613 (1911) (noting that the “practice of medicine” as regulated by Colorado's licensing law included “suggestion[s or] recommendation[s] . . . of treatment”).

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