College of Osteopathic Physicians & Surgeons v. Board of Medical Examiners

Section 10 of the State Medical Practice Act (as amended, Stats. 1917, p. 99), provides that applicants for a physician and surgeon certificate, as defined in that act, shall file satisfactory evidence of having pur sued, in any legally chartered school or schools approved by the board of medical examiners, a course of instruction covering and including certain prescribed minimum requirements. Section 10½ (Stats. 1919, p. 1299) provides: “Board must approve schools meeting requirements. Action in event of disapproval. The board must approve every school which shall comply with the requirements of section ten of this act and must admit to the examination every applicant who shall comply with the requirements of sections nine and ten of this act. Nothing in this act shall prohibit the Board from considering the quality of the course of instruction outlined in section ten hereof. If any school should be disapproved by the board or any applicant for examination rejected by it, then such school so disapproved or such applicant so rejected may commence an action in the superior court against said board to compel the board to approve such school or to admit such applicant to examination…