The National Association of Naturopathic Physicians, Etc. v. The California State Board of Chiropractic Examiners Etc.

The appellant is an association of Na-turopathic Physicians. These physicians, in order to pursue their practice in California, are required to obtain licenses from California’s Board of Chiropractors and are thus limited to the chiropractic practice. Cal.Bus. & Prof.Code § 1000-7 (West 1962). The appellant filed suit in the District Court, challenging California’s licensing scheme and praying that a three-judge District Court be convened pursuant to 28 U.S.C. § 2281 . The District Court dismissed the complaint.

In filing the suit the appellant apparently hoped that the District Court would invalidate the challenged California statutes and that this, in turn, would lead to the creation under the California Business and Professions Code of a separate board which would be concerned with the licensing of Naturopathic Phy- sieians only. The appellant’s claim that California’s present procedure is constitutionally invalid is based primarily upon the decision of the Supreme Court of Idaho in State ex rel. State Bd. of Medicine v. Smith, 81 Idaho 103 , 337 P.2d 938 (1959). We have reviewed that decision, and we have also considered England v. Louisiana State Bd. of Medical Examiners,…