Glass v. Board of Medical Examiners

CONREY, P. J.

Upon complaint before the board of medical examiners against Thomas P. Glass, and after answer filed by him and a hearing before the board, an order was made revoking the certificate of said Glass licensing him to practice medicine and surgery in the state of California. On petition by him, the superior court of the county of Los Angeles issued a writ of review of said proceedings and order. A full return having been made and the matter having been duly considered by that court, the order of the board of medical examiners was affirmed. Prom the judgment so entered petitioner prosecutes this appeal.

The State Medical Practice Act provides for the revocation of a certificate to practice medicine and surgery whenever the holder of such certificate is guilty of unprofessional conduct as defined in said act. Section 14 of the act provides that “the words ‘unprofessional conduct’ as used in this act, are hereby declared to mean: . . . Third— All advertising of medical business which is intended or has a tendency to deceive the public or impose upon credulous or ignorant persons, and so be harmful or injurious to public morals or safety.” (Stats. 1917, p. 111.) It appears that appellant’s license was revoked by reason of acts constituting a violation of said subdivision 3.

[391]

[1]

The argument in support of this appeal is based upon two propositions only: (1) That subdivision 3 is unconstitutional for the reason that it denies to citizens the equal protection of the law and is class legislation. (2) That the language of the subdivision is so uncertain and indefinite that it is void and fails to confer any jurisdiction upon the board of examiners to revoke a license upon facts claimed to be in violation “of these indefinite, ambiguous and uncertain provisions.” The first proposition is without merit. The law does not recognize the right of any person to do acts which are harmful or injurious to public morals or safety. So far as the penalty is concerned, it is made as broadly applicable as the subject matter will permit; in fact, it includes the entire public to which it could possibly apply, since a certificate to practice medicine could not be taken away from a person who did not hold any such certificate.

The principal authority relied upon by appellant to sustain his contention that subdivision 3 is void because of uncertainty and indefiniteness, is found in the case of