College of Osteopathic Physicians & Surgeons v. Board of Medical Examiners

CONREY, P. J.

Section 10 of the State Medical Practice Act (as amended, Stats. 1917, p. 99), provides that applicants for a physician and surgeon certificate, as defined in that act, shall file satisfactory evidence of having pur

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sued, in any legally chartered school or schools approved by the board of medical examiners, a course of instruction covering and including certain prescribed minimum requirements. Section 10½ (Stats. 1919, p. 1299) provides: “Board must approve schools meeting requirements. Action in event of disapproval. The board must approve every school which shall comply with the requirements of section ten of this act and must admit to the examination every applicant who shall comply with the requirements of sections nine and ten of this act. Nothing in this act shall prohibit the Board from considering the quality of the course of instruction outlined in section ten hereof. If any school should be disapproved by the board or any applicant for examination rejected by it, then such school so disapproved or such applicant so rejected may commence an action in the superior court against said board to compel the board to approve such school or to admit such applicant to examination or for any other appropriate relief. In any such action, the court shall have full power to investigate and decide all facts anew without regard to any previous determination of the board thereon. ...” This is an action brought in accordance with section 10½, to compel the board of medical examiners to approve the plaintiff as a school whose graduates are entitled to examination before the board for physician and surgeon certificates, and to admit the graduates thereof to examination for those certificates. Judgment was entered in favor of the plaintiff. Defendant appeals from that judgment.

For more than four years prior to October, 1919, the students graduated by the plaintiff were regularly admitted by the defendant to examinations for physician and surgeon certificates. On the twenty-seventh day of October, 1919, the board of medical examiners disapproved the college of plaintiff as an institution qualifying applicants for examination for such certificates. A few days later this action was commenced in the superior court. At the trial, evidence was introduced tending to prove, and it was found by the court, that said college at all times complied with the provisions of section 10 of the State Medical Practice Act.