Disciplinary Action against
William D. Kelley, D.D.S. (1973)

Stephen Barrett, M.D.


In 1973, the Texas State Board of Dental Examiners suspended the dental license of William Donald Kelley, D.D.S. for five years. In the 1960s, Kelley developed a program for cancer patients that involved dietary measures, vitamin and enzyme supplements, and what he called "metabolic typing." In 1970 a state court ruled that he was practicing medicine without a license and ordered him to stop. In 1973, after Kelley had unsuccessfully appealed this ruling, the Texas State Board of Dental Examiners filed a complaint (shown below) charging him with unprofessional conduct. In 1974, the dental board issued a 5-year suspension of his dental license which went into effect after court challenges to the ruling were denied. Kelley never resumed dental practice but continued to promote his methods in other ways. He died in 2005.


DOCKETED COMPLAINT NO 1973-6

TEXAS STATE BOARD OF DENTAL EXAMINERS

vs.

DOCTOR WILLIAM DONALD KELLEY
205 EAST WORTH STREET
GRAPEVINE, TARRANT COUNTY, TEXAS 76051
·HOLDER OF TEXAS DENTAL LICENSE NO. 5930
1973 REGISTRATION CERTIFICATE NO. 2118

COMPLAINANT: TOM A. GARNER, of Austin, Travis County,. Texas, an employee of the Texas State Board of Dental Examiners. Complainant charges the above named licensee in a sworn statement filed in the Board's office and delivered to the Secretary of the Board on the 19th day of June, 1973, as follows:

1. Beginning on or about July 1, 1970, and until on or about the 1st day of August, 1972, in his dental office at 205 East Worth Street in Grapevine, Tarrant County, Texas, Doctor William Donald Kelley, a dentist licensed to practice dentistry in the State of Texas, had as his dental patient one Mrs. FS of [redacted], Texas, an adult [redacted] female person, and the said Doctor William Donald Kelley did then and there extract or take a few drops of blood from the said Mrs. S's finger in order to "diagnose" and to be able to "treat" her physical condition; also the said Doctor Kelley did then and there prescribe certain "supplements" for the said Mrs. S. to take internally which supplements were for sale in the same premises as his dental office and the said Doctor Kelley did charge and did receive a fee of $50.00 from the said Mrs. S. who also. purchased the "supplements" which she was advised to buy and take by the said Doctor. Kelley.

Thereafter, on or about or during the month of October, 1970, in the said Doctor Kelley's dental office the said Mrs. S. again was present as the said Doctor Kelley's patient, and the said Doctor Kelley informed her that she, the said Mrs. S. had "cancer in her left lung" as revealed by his analysis of her blood previously taken from her finger; further, he prescribed certain "supplements" and a "diet" for Mrs. S. to take internally for her cancer, and did charge her $75.00 and Mrs. S. did also purchase the additional "supplements" as directed by the said Doctor Kelley. The "diet" and "blood analysis" given by the said Doctor Kelley to the said Mrs. S. is attached hereto and mad,e a part hereof :as Exhibit "A.".

Thereafter, on or about or during the months of February, 1971, August, 1971, February, 1972, and in July, 1972, the said Mrs. S. returned to the office of the said Doctor Kelley as directed by him for a total of six (6) visits for the said Doctor Kelley to treat her cancer, and she was then and there on each visit "examined" by the said Doctor Kelley and he did prescribe certain "supplements" for the said Mrs. S. to take and to purchase from the supplies in said premises as a part of his treatment for the said Mrs. S's physical condition.

2. Further, this affiant alleges that on or about the 15th day of January, 1970, in Fort Worth, Tarrant County, Texas, in Cause No. 59,197-C in the 48th Judicial District Court of Texas, Tarrant County, Texas, the said Doctor William Donald Kelley was found guilty of the offense of practicing medicine in Texas without a license and the Honorable Walter E. Jordan, Judge presiding in such cause, found that the "Kelley Research Foundation" was also in violation of the Texas Medical Practice Act and did enjoin and restrain the said Doctor. Kelley and the Kelley Research Foundation from further violations of such Act, and thereafter such conviction and injunction were affirmed by all Appellate Courts and by the United States Supreme Court.

3. Further, this affiant alleges that on or about or during· the year of 1969, the said Doctor William Donald Kelley caused to. be printed a booklet entitled One Answer to Cancer through the· "Kelley Research Foundation," and did circulate said booklet to persons or to his patients.

It is the opinion of this affiant that the said Doctor William Donald Kelley because of the conduct and acts aforesaid and as contained in paragraphs 1 and 2 hereinbefore is guilty of obtaining a fee by fraud or misrepresentation which is prohibited by subsection (b) of Article 752b of Vernon's Texas Penal Code; and, because of the conduct and acts aforesaid as. set out in paragraph 3 hereinbefore, is guilty of circulating statements as to the (his) skill or method of practicing dentistry through an advertising device which is prohibited by subsection (d) of Article 752b of Vernon's Texas Penal Code, and, thereby also. did make use of an advertising statement of a character tending to mislead or deceive the public which is prohibited by subsection (e) or Article 752b of Vernon's Texas Penal Code; and, further, because 6f the conduct and acts aforesaid in paragraphs 1, 2, and 3 hereinbefore is guilty of dishonorable conduct and deception or misrepresentation for the purpose or soliciting or obtaining patronage which is prohibited by subsections (c) and (d) of Article 4549 of Vernon's Texas Civil Statutes. Such statutes are as follows:

"Vernon's Texas Penal Code.

"ARTICLE 752b Unprofessional Conduct Defined

"It shall be unlawful for any person, firm, or corporation to engage in or be guilty of' any unpr6fessional conduct in the· practice or dentistry, directly or indirectly. Any "unprofessional conduct" as used herein, means and includes any on one or more of the following acts, to wit: ·

''(b) obtaining any fee by fraud or misrepresentation;

"(d) Circulate any statements as to the skill. or method or (of) practicing dentistry of any person. through the means of bills, posters, circulars, cards, stereopticon slides, motion pictures, radios, newspapers, or other advertising agencies or devices;

"(e) making use of any advertising statements of a character tending to mislead or deceive the public;

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

"ARTICLE 4549 Examination or License; Revocation of License.

"The Texas State Board of Dental Examiners and the District Courts of this State shall have concurrent jurisdiction and authority, after notice and hearing as hereinafter provided, to suspend or revoke a dental license for any one or more of the following causes:

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

"(c) That the holder thereof has been or is guilty of dishonorable conduct, malpractice or gross incompetency in the practice of dentistry.

"(d) That the holder thereof has been or is guilty of any deception or misrepresentation for the · purpose of soliciting or obtaining patronage.

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Such complaint was submitted. to the Secretary of the Texas State Board of Dental Examiners the 19th day of June, 1973, in Austin, Travis County, Texas.

Docketed: June 20, 1973

Hearing Ordered Set For July 6, 1973 10:00AM
Sheraton Dallas Hotel, Dallas Texas

____________________________, Secretary
Texas Board of Dental Examiners


This page was posted on September 30, 2013.

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