Hunt v. State Board of Chiropractic Examiners

NOURSE, P. J.

Three actions in mandate, one in injunction, and one in declaratory relief were consolidated for trial. All involved the question of the power of the defendant board to adopt rules governing the examination and licensing of chiropractors. Three of the plaintiffs sought mandate to admit them to examination though they had not completed the hours of study required by the rules of the board. One sought an injunction against enforcement of a rule requiring 50 per cent vision and hearing. The Ratledge School sought declaratory relief attacking the rules of the board relating to required study and education. Plaintiffs had judgment in each case. The only question requiring consideration on defendants’ appeal is whether the board has power to enact rules imposing requirements and restrictions on applicants for license above or in excess of those enumerated in the initiative act.

The chiropractic board was created by initiative act, approved November 7, 1922 (Bus. & Prof. Code, App. p. 849; Stats. 1923, p. xx; 2 Deering’s Gen. Laws, Act 4811). Section 4 (b) and (e) read: “To adopt from time to time such rules and regulations as the board may deem proper and necessary for the performance of its work, copies of such rules and regulations to be filed with the secretary of state for public inspection. ... To do any and all things necessary or incidental to the exercise of the powers and duties herein granted or imposed.” Section 5 provides that an applicant shall be a graduate of an incorporated chiropractic school which teaches a course of “not less” than 2,400 hours in specified subjects. The requirement is declared to be a “schedule of minimum educational requirements” (§5).

In conformity with the provisions of section 4 above noted the board adopted on February 12, 1944, 16 Gal. Adm. Code 322(f) which provides in part: “ (a) The required number of academic hours of attendance in any Chiropractic School or College in the State of California will be four thousand (4000) for all students matriculating after March 1, 1944.” At the same time 16 Cal. Adm. Code 322(h) was adopted reading as

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follows: “ (e) All students shall have at least fifty (50) per cent vision and hearing, and no major physical defects.”

Directed to the three plaintiffs who sought mandate to admit them to licensure examinations and to the school seeking declaratory relief the issue is whether the provisions of the act fixing minimum educational requirements exclude the right of the board under its rule making power to demand additional and higher educational standards.