Fernel

Fernel v. Board of Medical Examiners

Good Law
1928 Cal. App. LEXIS 940·91 Cal. App. 712·267 P. 561
Court of Appeal of CaliforniaMay 11, 1928Docket No. 5886.California824 words

Opinion

Lead Opinion

Stephens, J.

—Petitioner applied to the Board of Medical Examiners of the State of California for a certificate to practice medicine in this state under the Medical Practice Act, chapter 354, Statutes of 1913, p. 722. The Board denied the application and petitioner secured an alternative writ of mandate from the superior court. Upon a hearing the court entered judgment “that the petitioner is not entitled to a writ of mandate and that his petition be and the same is denied.” Petitioner appeals therefrom.

Reduced to its simplest form, the question here to be considered is whether or not the Board had a right to reject petitioner’s application because it was not satisfied as to the good moral character of the applicant. Section 8 of the Medical Practice Act, hereinafter referred to as “the Act,” provides among other things for the issuance of a “physician and surgeon certificate,” a “drugless practitioner certificate” and a “reciprocity certificate.” A reciprocity certificate does not refer to another class of the healing science, but refers to the manner of granting either a physician and surgeon certificate or a drugless practitioner certificate to an applicant who has practiced his…

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