Jordt v. California State Board of Education

TUTTLE, J. —

Respondent, an osteopathic physician and surgeon duly licensed by the Board of Osteopathic Examiners on August 27, 1930, filed his petition for a writ of mandate against appellant Board, directing said Board to issue to him a “health and development credential”, under the provisions of the School Code of California, Part II. The trial court entered judgment granting the writ, and the Board now appeals from that judgment.

Prom the record it appears that prior to the year 1922, the State Board of Medical Examiners was the sole licensing agency for practitioners from all schools of medicine and healing, including those of the osteopathic branch. In 1919, the legislature (Stats. 1919, p. 483), amended section 1775 of the Political Code, relating to the granting of certificates by county boards of education, to read in part as follows: (Sub. [f]) : “Health and Development Certificates: To holders of certificates to practice medicine and surgery issued by the California State Board of Medical Examiners ... ”. It is conceded by all parties that no such certificate can issue until credentials are granted by appellant, State Board of Education. This provision of the Political Code is now sub

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stantially embodied in the School Code, and designated as section 5.190. Upon the passage of this amendment,

appellant proceeded to issue such credential to all osteopathic physicians and surgeons who held certificates to practice from the State Board of Medical Examiners, and who were otherwise qualified.

The secretary of the State Board testified that if any osteopathic physician

to-day

presented such certificate, it would be accepted. This course continued until December 21, 1922, the effective date of an initiative act which set up a State Board of Osteopathic Examiners, granting to that Board exclusively all the powers to license osteopathic physicians and surgeons. After the date last mentioned, appellant School Board has consistently refused to grant the credential in question to any osteopathic physician or surgeon who held or holds a license from State Board of Osteopathic Examiners, upon the ground that they did not come within the provision of the School Code quoted above, they having no 11 certificates to practice medicine and surgery issued by the California State Board of Medical Examiners ’ ’.