Laisne v. California State Board of Optometry

BARNARD, P. J. This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate.

In October, 1938, the plaintiff was charged before the defendant board with violations of sections 3098 and 3125 of the Business and Professions Code. After hearings, the charges were sustained and on December 19, 1938, orders were made and entered by the board adjudging the plaintiff guilty of the violations charged and revoking his license and certificate of registration to practice optometry in this state.

In the proceeding which followed the trial court entered a judgment denying a peremptory writ. On an appeal that judgment was reversed. (Laisne v. California St. Bd. of Optometry, 19 Cal.2d 831 [123 P.2d 457].) Upon a retrial of the matter findings were made in favor of the plaintiff and a judgment was entered directing the defendant board to revoke its orders and to restore the plaintiff’s license to practice optometry in this state. From that judgment this appeal was taken. The only point urged by the appellants is that the trial court erroneously interpreted section 3098 of the Business and Professions Code, which reads:

“When the holder uses the title of ‘Doctor’ or ‘Dr.’ as a prefix to his name, without using the word ‘optometrist’ as a suffix to his name or in connection with it, or, without holding a diploma from an accredited school of optometry, the letters ‘Opt. D.’ or ‘O.D.’ as a suffix to his name, it constitutes a cause to revoke or suspend his certificate of registration.”

In the complaint filed, the respondent was charged with using the title “Dr.” as a prefix to his name without also using the word “Optometrist” as a suffix or in connection therewith. It appears that in the instance in question the respondent used the title “Dr.,” followed by his name and the abbreviation “Opt. D.” as a suffix. It also appears that [442]he held a diploma from an accredited school of optometry. The appellants contend that section 3098 forbids two separate and distinct things, either of which constitutes a cause to revoke or suspend the certificate of registration; that the first of these is the use of the word “Doctor" or “Dr." as a prefix to the name without using the word “Optometrist" as a suffix; that the second is the use of the letters ‘ ‘ Opt. D." or “O.D." as a suffix without holding the described diploma; that the second has no connection with the first; that the court erred in finding that the respondent was privileged to use after the words “Dr. E. W. Laisne" either the word “Optometrist" or “Opt. D."; and that it follows that the court erred in finding and holding that the respondent had not violated section 3098 of this code.