Fernel v. Board of Medical Examiners

STEPHENS, J.,

pro

tem.

—Petitioner applied to the Board of Medical Examiners of the State of California for a certificate to practice medicine in this state under the Medical Practice Act, chapter 354, Statutes of 1913, p. 722. The Board denied the application and petitioner secured an alternative writ of mandate from the superior court. Upon a hearing the court entered judgment “that the petitioner is not entitled to a writ of mandate and that his petition be and the same is denied.” Petitioner appeals therefrom.

Reduced to its simplest form, the question here to be considered is whether or not the Board had a right to reject petitioner’s application because it was not satisfied as to the good moral character of the applicant. Section 8 of the Medical Practice Act, hereinafter referred to as “the Act,” provides among other things for the issuance of a “physician and surgeon certificate,” a “drugless practitioner certificate” and a “reciprocity certificate.” A reciprocity certificate does not refer to another class of the healing science, but refers to the manner of granting either a physician and surgeon certificate or a drugless practitioner certificate to an applicant who has practiced his profession in a sister state. The petitioner below, appellant here, claims that the act does not authorize the Board to decline to grant the certificate because it is not satisfied that the applicant is possessed of a good moral character. He con

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tends that the Board has no jurisdiction to consider this subject a', all in connection with an application for a reciprocity certificate, but argumentatively admits that the Board may consider the subject when passing on an application for any other certificate.

Section 9 of the act states: “Every applicant must file with the board . . . satisfactory testimonials of good moral character.” Followng this section the details of requirements for the granting of certificates to practice the two schools of healing are set out, and then logically (sec. 13) follow the detailed requirements for the granting of a “reciprocity certificate.” It should here be recollected that a reciprocity certificate is exactly like any other certificate in its class, and is a badge authorizing exactly the same acts. Every person appearing before the Board for permission to practice his profession must file an application, and is throughout the act denominated an