Lay v. State Board of Osteopathic Examiners

WARNE, J. pro tem.* This is an appeal from a judgment granting a writ of mandate to compel the appellant to permit respondent to take the written examination for a license as a physician and surgeon of osteopathy.

Respondent entered the Kirksville College of Osteopathy and Surgery on August 8, 1943. Due to the accelerated program required by federal wartime regulations, respondent [357]graduated and received a degree of Doctor of Osteopathy on August 10, 1946, rather than in 1947.

When respondent applied to the board for leave to take the examination the burden was upon her to show her right to do so. She had not graduated from a school which had been approved by the board prior to her graduation. The school was approved shortly thereafter, but the order of approval specifically stated that it was made as of its date and thereafter. Because her completed questionnaire supporting her application showed that she had not graduated from an approved school, her application was administratively rejected and the parties proceeded to a hearing on a statement of issues pursuant to provisions of the Administrative Procedure Act. After hearing, the board denied respondent’s application upon the ground that she had not graduated from an approved school. The board in its brief states that ‘ ‘ The sole and simple question on this appeal is then whether appellant Board can be compelled to admit respondent, who has graduated from a professional school which was not approved by appellant Board at the time of her graduation, to examination for a certificate to practice as a physician and surgeon within this state.” We think that in this case, and upon the record made before the board in the hearing, the answer to this questidh is in the affirmative.

By admissions in the pleadings, by stipulation and by evidence the following facts and circumstances were made to appear to the board: Doctor Lay’s pre-professional education met all California requirements. She took all of the professional educational courses required by this state. The qualities of the courses she took met those requirements, which means that the school, in addition to giving the required courses, was acceptably staffed and equipped. Although there is some dispute in the briefs as to the extent of the board’s stipulation concerning the instruction given, we think the foregoing is the only fair interpretation that can be placed upon the stipulation. It appears in the record that it was accepted as such, and that, therefore, no further proof on these matters was made. This stipulation also covers the circumstance that during her matriculation the school was required by the federal government, in common with all medical schools, to compress its standard four-year course to three years. Since during that compressed course of three years respondent completed all the courses, the stipulation as to the quality of those courses would render immaterial the fact