Herzig

Herzig v. Board of Medical Examiners

Good Law
135 Cal. App. 41·1933 Cal. App. LEXIS 141·26 P.2d 513
Court of Appeal of CaliforniaNovember 6, 1933Docket No. 7798.California1,592 words

Opinion

Lead Opinion

York, J.

This is an appeal from a judgment denying petition for a writ of mandate to compel respondents to issue to petitioner a license to practice medicine and surgery in the state of California. It appears from the record that petitioner under date of September 26, 1929, made application for a so-called reciprocity license to practice medicine in California and that, under date of October 2, 1929, he filed an amended application for such license, which showed that he had spent six years in the study of medicine and surgery, to wit: from September, 1909, to and including July, 1913, at the National Medical University of Chicago, Illinois; from October, 1916, to February 3, 1919, at the St. Louis College of Physicians and Surgeons and from the fall of 1924 to the fall of 1925 at the Royal University of Naples, Italy; that he received the degree of doctor of medicine from each school; that his application for reciprocity license in California is based upon a license to practice medicine in Nevada, dated November 10, 1925, which was issued after written examination held in the state of Nevada on November 2, 1925, and that, in addition, petitioner holds licenses to practice medicine in the…

Concurring Opinion

Conrey, J.

I concur in the judgment. Several of the specifications of error in admission of evidence and exclusion of evidence offered, are entirely without merit. Such errors as did occur were not so far prejudicial as to affect the merits of the case. For example, the minutes of the board which were admitted in evidence contain some matters not relevant to the issue. But they were minutes which were admissible for the purpose of showing the action of the board upon appellant’s application, together with the record of whatever the board had before it at the time when it made the order refusing to issue the certificate demanded by appellant. The court appears to have received all evidence necessary to a full and fair presentation of the case.

The required conditions for the issuance of a reciprocity certificate to practice medicine and surgery as existing on the twenty-first day of October, 1929, when appellant’s application was denied by respondent board, are found in section 13 of the State Medical Practice Act, as amended June 15, 1929. (Stats. 1929, p. 1701; Deering’s Gen. Laws, 1931 ed., Act 4807, at p. 2360 et seq.) The section provides for the issuance of what are called reciprocity…

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