Thayer

Petitioner appeals from judgment denying peremptory writ of mandate after sustaining without leave a demurrer to the petition. The Board of Osteopathic Examiners revoked petitioner’s license to practice after finding to be true charges (1) that he employed and aided and abetted an unlicensed person, one Rosenberg, “in the practice of a system or mode of treatment of the sick or afflicted” in 73 different instances in violation of section 2392, Business and Professions Code, and (2) that he signed a death certificate representing that he had attended a decedent whom he had never seen, forbidden by section 2411 of said code.

At the beginning of the hearing, conducted by a full board of five practicing physicians and a hearing officer, the hearing officer summarized the charges of the accusation, whereupon counsel for the board stated: “I have consulted with Mr. Bryant in this matter, and he informs me that he has discussed the matter thoroughly with Dr. Thayer, and Dr. Thayer is willing at this time to stipulate to the truth of the allegations of the accusation as set forth; is that correct?” Counsel for appellant replied in the affirmative. The hearing officer then ascertained…