National Institutes of Health · 2016. 11. 16. · Issuedhy TheBoardofMedicalExaminers...

STATE OF CALIFORNIA

Department of Professional and Vocational Standards

Earl Warren, Governor; James a. Arnerich. director

BOARD OF MEDICAL EXAMINERS

COMPILATION OF

W MINE 101* MCE Of

MEDICINE 1

EXTRACTED FROM THEBUSINESS AND PROFESSIONS CODE,THE GOVERNMENT CODE, ANDTHE CODE OF CIVIL PROCEDUREAS IN EFFECT SEPTEMBER 19, 1947

FORM 162 REVISED

Issued hyThe Board of Medical Examiners

State of CaliforniaSacramento

Frederick N. Scatena, M.D., Secretary-Treasurer

BOARD OF MEDICAL EXAMINERS OF THESTATE OF CALIFORNIA

Members

Richard O. Bullis, M.D., President Los Angeles

William F. Quinn, M.D., Vice President Los AngelesFrederick N. Scatena, M.D.,

Secretary-Treasurer Sacramento

Wilbur Bailey, M.D Los Angeles

Percival Dolman, M.D San Francisco

Howard W. Fleming, M.D Laguna Beach

Lindol R. French, M.D San FranciscoClayton D. Mote, M.D San Francisco

Norman B. Nelson, M.D Los Angeles

Joe Zeiler, M.D Los Angeles

Legal DepartmentAttorney General Fred N. Howser, Counsel

State Building, San Francisco

Investigation Department

John A. Cronin, Special Agent570 Polk Street, San Francisco

Cecil A. Mead, Special Agent907 State Building, Los Angeles

Joseph W. Williams, Special Agent570 Polk Street, San Francisco

Bydie S. Woodruff, Special Agent907 State Building, Los Angeles

Maynard C. Youngs, Special Agent907 State Building, Los Angeles

INDEXPage

1. Business and Professions Code 7(a) General Provisions (Sections 1 to 24) 7(b) Healing Arts General Provisions (Sections 500

to 601) 8(c) Medicine (Sections 2000 to 2558) 10

2. ContentsAdministration Sec. 2004, 2005, 2490Advertising Sec. 600, 601, 2380, 2380.5, 2381, 2382Annual Tax Sec. 2450, 2457.5Applications Sec. 2165, 2174

Chiropodist Sec. 2135, 2139, 2292, 2398, 2410Drugless Practitioner.Sec. 2230, 2231, 2289, 2290, 2291Midwife Sec. 2135, 2140Physician and Surgeon

Sec. 2190 to 2195, 2288, 2290, 2419, 2492U. S. Comm. Medical Officer (see Government

Service) Sec. 2210 to 2216Approval of Schools Sec. 2173, 2174Certificates (see Applications) Sec. 2135, 2136

Drugless Practitioner (see Applications)Sec. 2138, 2230

Physician and Surgeon (see Applications) Sec. 2137Commissioned Medical Officers (see Government

Services)Crimes, Penalties, etc Sec. 2425 to 2435, 2495Directory Sec. 2111 to 2114Disciplinary Action Sec. 2360Doctor of Osteopathy Sec. 2397Examinations Sec. 2280 to 2291Exemptions Sec. 2144 to 2148Fees Sec. 2455.3, 2455.6, 2458Fines Sec. 585, 2495Foreign Medical School Graduates Sec. 2193 to 2434Frauds Sec. 580 to 585, 2427Government Service Sec. 2210Hearings (see Unprofessional Conduct)Illegal Practice Sec. 2141, 2142, 2143Midwife (see Applications) Sec. 2135, 2140National Board Sec. 2168, 2194Prefix “Dr.” Restricted Sec. 2409Reciprocity Sec. 2118, 2310 to 2325Registration Sec. 2340 to 2343Registered Dispensing Opticians Law 9Revenue, fees, etc Sec. 2450,

2454.5, 2455.3, 2455.6, 2457.5, 2458, 2493 to 2496Revocations Sec. 2360 to 2376Rules Sec. 2119State Hospital Service Sec. 2175Unprofessional Conduct Sec. 2277 to 2408

2—89038

APPENDIXPage

I. Government Code 45The Administrative Procedure Act (see Sec-

tions 2360, 2364 and 2555 of the MedicalPractice Act, Business and Professions Code)

II. Code of Civil Procedure (Chapter S68, Statutes1945) 60

Judicial Review of Administrative DecisionsIII. Business and Professions Code (Chapter 869,

Statutes 1945, Sections 110.5 and 110.06) 61Providing for Hearing Officers and creating

Division of Administrative ProcedureIV. Business and Professions Code (Chapter 1195,

Statutes 1945, Section 114) 62Reinstatement of licenses of veterans

V. Rules and Regulations of the Board of MedicalExaminers (The California Administrative Code

Title 16, Subchapter 13) 63

FOREWORDIn view of the many changes in the law since the last publi-

cation of this document, and particularly with respect to the1945 changes creating the new Division of AdministrativeProcedure and providing for hearing officers and the promul-gation of rules of evidence and procedure in all disciplinarymatters, it was felt that it would be of great service to theboard, the profession, and the public if a revised documentcould be prepared containing all of these new laws in additionto the Medical Practice Act.

With that object in mind, the present document has beenprepared. This compilation does not cover all of the pro-visions of the Business and Professions Code. It does coversome of the general provisions of that code, as well as theMedical Practice Act relating to the practice of medicine andsurgery, chiropody, drugless therapy and midwifery, the pro-visions relating to dispensing opticians, and the sections creat-ing the Division of Administrative Procedure and providingfor hearing officers. It likewise includes the GovernmentCode sections containing the new Administrative ProcedureAct, and the sections of the Code of Civil Procedure providingfor judicial review from administrative decisions.

The new Business and Professions Code enacted by theFifty-second Legislature codified the State Medical PracticeAct (Statutes 1913, Chapter 354, page 722), the DiplomaMill Bill (Statutes 1927, Chapter 79, page 136), and thePolitical Code sections relating to the Department of Profes-sional and Vocational Standards (Political Code, Secs. 377to 377n), as well as certain other laws relating to the practiceof medicine and surgery.

The Business and Professions Code, itself, including theprovisions covering the Diploma Mill Bill, was enacted byChapter 399 of the Statutes of 1937. The provisions of thecode covering the State Medical Practice Act were added byChapter 414 of the Statutes of 1937. After the code wasenacted, certain provisions were amended by subsequent chap-ters. Where this has occurred, a note has been appended tothe section.

[7

3—89038

TheBusiness and Professions

CodeAn act to establish a Business and Professions Code,

thereby consolidating and revising the law regu-lating and protectingprivate business and licensedprofessions and callings and penalizing violationsthereof, and to repeal acts and parts of acts speci-fied herein.

[Approved June 15, 1937; Chapter 399, Statutesof 1937]

GENERAL PROVISIONS

1. This act shall be known as the Business andProfessions Code.

2. The provisions of this code in so far as theyare substantially the same as existing statutory pro-visions relating to the same subject matter shall beconstrued as restatements and continuations thereof,and not as new enactments.

3. All persons who, at the time this code goes intoeffect, hold office under any of the acts repealed bythis code, which offices are continued by this code,shall continue to hold the same according to theformer tenure thereof.

4. No action or proceeding commenced beforethis code takes effect, and no right accrued, is affectedby the provisions of this code, but all procedurethereafter taken therein shall conform to the pro-visions of this code so far as possible.

5. No rights given by any license or certificateunder any act repealed by this code are affected bythe enactment of this code or by such repeal, butsuch rights shall hereafter be exercised according tothe provisions of this code.

6. All persons, who, at the time this code goesinto effect, are entitled to a certificate under anyact repealed by this code, are thereby entitled to acertificate under the provisions of this code so faras the provisions of this code are applicable.

7. Any conviction for a crime under any actrepealed by this code, which crime is continued asa public offense by this code, constitutes a convic-tion under this code for any purpose for which itconstituted a conviction under the act repealed.

8. Unless the context otherwise requires, thegeneral provisions hereinafter set forth shall governthe construction of this code.

9. Division, part, chapter, article and sectionheadings contained herein shall not be deemed togovern, limit, modify, or in any manner affect thescope, meaning, or intent of the provisions of thiscode.

10. Whenever, by the provisions of this code, apower is granted to a public officer or a duty imposedupon such an officer, the power may be exercised orduty pei-formed by a deputy of the officer or by a

8 COMPILATION OF CALIFORNIA LAWS

person authorized pursuant to law by the officer,unless it is expressly otherwise provided.

11. Writing includes any form of recorded mes-sage capable of comprehension by ordinary visualmeans. Whenever any notice, report, statement, orrecord is required by this code, it shall be made inwriting in the English language unless it is other-wise expressly provided.

12. Whenever any reference is made to any por-tion of this code or of any other law of this State,such reference shall apply to all amendments andadditions thereto now or hereafter made.

13. (Repealed by Stats. 1941, Ch. 805.)14. The present tense includes the past and

future tenses; and the future, the present. Eachgender includes the other two genders.

(Amended by Stats. 1939, Ch. 30.)15. “Section” means a section of this code unless

some other statute is specifically mentioned. “Sub-division” means a subdivision of the section in whichthat term occurs, unless some other section isexpressly mentioned.

16. The singular number includes the plural, andthe plural the singular.

17. “County” includes city and county.18. “City” includes city and county.19. “Shall” is mandatory and “may” is permis-

sive.20. “Oath” includes affirmation.21. “State” means the State of California, unless

applied to the different parts of the United States.In the latter case, it includes the District of Colum-bia and the territories.

22. “Board,” as used in any provision of thiscode, refers to the board in which the administrationof the provision is vested, and unless otherwiseexpressly provided, shall include “bureau,” “com-mission,” “division,” and “agency.”

(Amended by Stats. 1947, Ch. 1350.)23. “Department,” unless otherwise defined,

refers to the Department of Professional and Voca-tional Standards.

23.5. “Director,” unless otherwise defined, refersto the Director of Professional and VocationalStandards.

(Added by Stats. 1939, Ch. 30.)23.6. “Appointing power,” unless otherwise de-

fined, refers to the Director of Professional andVocational Standards.

(Added by Stats. 1945, Ch. 1276.)24. If any provision of this code, or the applica-

tion thereof, to any person or circumstance, is heldinvalid, the remainder of the code, or the applicationof such provision to other persons or circumstances,shall not be affected thereby.

DIVISION 2. HEALING ARTSChapter 1. General Provisions

Article 1. Records500. Whenever the register or book of registra-

tion of the Board of Medical Examiners, the Boardof Dental Examiners, or the Board of Pharmacy isdestroyedby fire or other public calamity, the board,whose duty it is to keep the register or book, mayreproduce it so that there may be shown as nearly

RELATING TO MEDICINE AND SURGERY 9

as possible the record existing in the original at thetime of destruction.

501. For the reproduction of the destroyed reg-ister or book the board shall make use of such exist-ing official printed registers, books or matter, cer-tificates, affidavits to be presented, or other officialinformation as may be available and which mayappear to the board to be authentic. Upon thecompletion of the reproduction, the board shall byresolution adopt the reproduced register or book asthe register or book of the board, and thereafter thesame shall be taken and used to all intents andpurposes as well for evidence as otherwise as if itwere the original.

Article 4. Frauds of Medical Records580. No person, company or association shall sell

or barter or offer to sell or barter any medicaldegree, or osteopathic degree, or chiropractic degree,or drugless practitioner degree, or naturopathicdegree, or any degree, certificate or transcript madeor purporting to be made pursuant to any lawsregulating the licensing and registration or issuingof a certificate to physicians and surgeons, druglesspractitioners, chiropodists, midwives, osteopathicphysicians and surgeons or drugless practitioners,naturopaths, chiropractors or persons lawfullyengaged in any other system or mode of treating thesick or afflicted.

(Amended by Chap. 269, Stats. 1939.)581. No person, company or association shall

purchase or procure by barter or by any unlawfulmeans or method, any diploma, certificate or tran-script, with intent that it shall be used as evidenceof the holder’s qualifications to practice as a physi-cian and surgeon, osteopathic physician and surgeon,a naturopath, a drugless practitioner, a chiropodist,or a midwife or any other system or mode of treat-ing the sick or afflicted as provided in the StateMedical Practice Act or in Chapter 5 of Division 2of this code, relating to the practice of medicine, orin any fraud of the law regulating this practice or,shall with fraudulent intent, alter in a materialregard, any such diploma, certificate, or transcript.

(Amended by Chap. 446, Stats. 1937.)582. No person, company or association shall use

or attempt to use any diploma, certificate, or tran-script which has been purchased, fraudulently issued,illegally obtained, counterfeited or materially altered,either as a certificate or as to character or color ofcertificate, to practice as a physician and surgeon,naturopath, drugless practitioner, chiropodist ormidwife, osteopathic physician and surgeon or adrugless practitioner, chiropractor or to practiceany other system or mode of treating the sick orafflicted, provided in the State Medical Practice Actor in Chapter 5 of Division 2 of this code, relatingto the practice of medicine.

583. No person shall in any affidavit requiredof an applicant for examination, license, certificateor registration under the State Medical Practice Actor under Chapter 5 of Division 2 of this code, relat-ing to the practice of medicine, the OsteopathicInitiative Act, or the Chiropractic Initiative Act,wilfully make a false statement in a material regard.

584. No person shall impersonate or attempt toimpersonate another in any examination for a cer-


tificate to practice as provided in the State MedicalPractice Act or in Chapter 5 of Division 2 of thiscode, relating to the practice of medicine, the Osteo-pathic Initiative Act, or the Chiropractic InitiativeAct, or under any other law providing for the regu-lation of any other system or method of treating thesick or afflicted in this State.

585. Any person, company or association vio-lating the provisions of this article is guilty of afelony and upon conviction thereof shall be punish-able by a fine of not less than one thousand dollars($1,000) nor more than three thousand dollars($3,000), or by imprisonment in the State prisonfor a term of not less than one year nor more thanthree years, or by both such fine and imprisonment.

Article 5. Illegal Advertising600. It is unlawful for any person, firm, corpo

ration or association, except boards of health oragencies approved by the State Department of PublicHealth, to post or otherwise exhibit or distributein any manner whatsoever in any place, any adver-tising or other printed matter concerning venerealdiseases, lost manhood, lost vitality, impotency,seminal emissions, self-abuse, varicocele, or excessivesexual indulgence, and calling attention to anymedicine, device, compound, treatment or prepara-tion that may be used therefor.

Any person violating the provision of this sectionshall upon conviction therefor be punished by a fineof not more than five hundred dollars ($500) or byimprisonment in the county jail for not more thanone year or by both such fine and imprisonment.

601. Every person who wilfully writes, composesor publishes any notice or advertisement of anymedicine or means for producing or facilitating amiscarriage or abortion, or for the prevention ofconception, or who offers his services by any notice,advertisement or otherwise, to assist in the accom-plishment of any such purpose, is guilty of a felonyand shall be punished as provided in the Penal Code.

Chapter 5. MedicineArticle 1. General Provisions

Medicine 2000. This chapter constitutes the chapter onmedicine of the Business and Professions Code.

Whenever a reference is made to the State MedicalPractice Act by the provisions of any statute, it isto be construed as referring to the provisions ofthis chapter.

2001. All persons who, at the time this chaptergoes into effect, hold office under any of the actsrepealed by this chapter, which offices are continuedby this chapter, continue to hold the same accordingto the former tenure thereof.

2002. No action or proceeding commenced beforethis chapter takes effect, and no right accrued, isaffected by the provisions of this chapter, but allprocedure hereafter taken shall conform to the pro-visions of this chapter as far as possible.

2003. The rights given by any certificate issuedunder any preceding medical practice act, are notaffected by the enactment of this chapter, nor bythe repeal of any law upon which such rights arebased, but such rights shall hereafter be exercisedaccording to the provisions of this chapter.

“StateMedicalPracticeAct”

Tenure

Pendingproceedings

Existingrights


Board ofOsteopathicExaminers

“Board”defined

"Person”defined

“Profes-sional”defined

Corporations

Medicallicensingauthority

Require-ments

Instruction

Schools andhospitals

Board ofMedicalExaminers

Qualifi-cations

Terms

2004. There is a Board of OsteopathicExaminersof the State of California, established by the Osteo-pathic Act, which enforces the provisions of thischapter relating to persons holding or applying forcertificates issued by the Board of OsteopathicExaminers under the Osteopathic Act.

2005. The term “board” refers to:(a) The Board of Medical Examiners of the

State of California.(b) The Board of Osteopathic Examiners of the

State of California, where the Board of OsteopathicExaminers of the State of California exercises thefunctions granted to it by the Osteopathic Act.

2006. The term “person” means a natural personwhen a right, privilege, or power is conferred bythis chapter upon a person.

2007. The term “professional” relates to the artand science of medicine and surgery and to suchother arts and sciences as may be included withinthe field of medicine and surgery.

2008. Corporations and other artificial legalentities have no professional rights, privileges orpowers.

2009. “Medical Licensing Authority” refers toany officer, board, commission, or department ofanother State upon whose certificate, a reciprocitycertificate may be issued.

2010. Whenever any requirement is provided forany certificate, it shall be satisfied in a manner satis-factory to the board.

2011. Whenever a course of instruction isrequired for any certificate, it shall be satisfied by aresident course of instruction. Whenever a residentcourse of instruction is mentioned in this chapter,the same shall be interpreted to mean classroom,laboratory, practical and clinical instruction,received and given the person physically present forthe period prescribed for such instruction.

(Amended by Stats. 1947, Ch. 300.)2012. Whenever any requirement is provided for

any certificate relating to a school or hospital, theschool and hospital shall be ones approved by theboard.

Article 2. Administration2100. There is in the Department of Professional

and Vocational Standards a Board of Medical Ex-aminers of the State of California which consistsof 10 members who shall be appointed by theGovernor.

2101. Members of the board shall only be ap-pointed from persons who have been citizens ofthis State for at least five years next preceding theirappointment, who hold licenses under this chapteror any preceding Medical Practice Act of this State,and who do not in any manner own any interest inany college, school, or institution engaged in medicalinstruction. Not more than one member of theboard shall be appointed from the faculty of anyone university, college, or other educational institu-tion.

2102. Members of the board shall be appointedfor a term of four years and they shall hold officeUntil the appointment and qualification of theirsuccessors.

The terms of the members of the board in officewhen this chapter takes effect shall expire as follows :


Three on January 15, 1938; two on January 15,1939; three on January 15, 1940; and two on Janu-ary 15, 1941. The terms shall expire in the samerelative order as to each member as the term forwhich he holds office before this chapter takes effect.

Vacancies occurring shall be filled by appointmentfor the unexpired term.

2103. Before entering upon the duties of hisoffice, each member of the board shall take the con-stitutional oath of office.

2104. The Governor has power to remove fromoffice any member of the board for neglect of anyduty required by this chapter, for incompetency, orfor unprofessional conduct.

2105. The board shall elect a president, a vicepresident and a secretary-treasurer from its member-ship. The officers of the board shall hold theirrespective positions during its pleasure.

2106. The board shall hold one regular meetingannually beginning on the third Monday in Octoberin the City of Sacramento and at least two additionalregular meetings annually, one of which shall beheld in the City of Los Angeles and the other in theCity of San Francisco. The board may adjournfrom time to time until its business is concluded.Special meetings of the board may be held at suchtime and place as the board may designate.

2107. Notice of each regular or special meetingshall he given twice a week for two weeks next pre-ceding each meeting in one daily paper publishedin the City of San Francisco, one published in theCity of Sacramento, and one published in the Cityof Los Angeles.

2108. The secretary-treasurer of the board, uponan authorization from the president of the board orthe chairman of a committee, may call meetings ofany duly appointed committee of the board at aspecified time and place. It is unnecessary to adver-tise such committee meetings.

2108.5. The board may create one or more com-mittees to determine any or all of the following:(i) Whether an applicant fulfills all the require-ments for the certificate for which he is applying,(ii) where an examination (written or oral or both)is required, whether the applicant shall be admittedto the examination and the terms and conditions ofhis admittance and whether he fails or passes, (iii)whether a recommendation should be made to themembers of the board that the certificate applied forbe issued. The board may appoint, or authorize thepresident to appoint, the members of any of thesecommittees from the members of the board.

The action and recommendations of any committeeestablished under this section shall be submitted inwriting to all the members of the board. The mem-bers of the board, acting individually, may approveor disapprove the action of any committee withrespect to each applicant. The approval or disap-proval of each member shall be in writing and shallbe filed with the secretary-treasurer. The recom-mendation of the committee authorized by the boardto recommend the issuance of certificates and theindividual written approval of at least seven-tenthsof the members of the board is necessary to authorizethe issuance of a certificate. Upon the receipt of therecommendation and approvals, the secretary-treas-urer may issue the certificate.

Oath

Removal

Officers

Meetings

Notice

Committeemeetings

Committees

13RELATING TO MEDICINE AND SURGERY

A certificate issued upon the recommendation of acommittee and the approval of at least seven-tenthsof the members of the board, acting individually, issubject to the ratification of the board at its nextmeeting.

(Added by Stats. 1943, Ch. 471.)2109. The office of the board shall be in the City

of Sacramento. Suboffices may be established inLos Angeles and San Francisco and such recordsas may be necessary may be transferred temporarilyto them. Legal proceedings against the board maybe instituted in any one of these three cities.

2110. The board shall keep an official record ofall its proceedings, a part of which shall consist ofa register of all applicants for certificates under thischapter, together with the action of the board uponeach application.

2111. In each year, the board shall compile andmay thereafter publish and sell a complete directoryof all persons within the State of California whobold unforfeited and unrevoked certificates to prac-tice under any medical practice act of this State andwhose certificate in any manner authorizes thetreatment of human beings for diseases, injuries,deformities, or any other physical or mental condi-tions.

Offices

Kecords

Directory

2112. The directory shall contain :

(a) The following information concerning eachperson designated in Section 2111;

(1) The name and address of such person.(2) The names and symbols indicating his title.(3) The school, attendance at which qualified

him for examination or admission to practice.(4) The date of the issuance of his certificate.(5) The form of certificate that he holds.(b) The annual report of the board for the

prior year.(c) Information relating to other laws of this

State and the United States, which the board deter-mines to be of interest to persons licensed underthis chapter.

(d) Copy of the provisions of this chapter.(Amended by Stats. 1941, Ch. 218.)

Contents

2113. The board may require the persons desig-nated in Section 2111 to furnish such informationas it may deem necessary to enable it to compile thedirectory. Every person so designated shall reportimmediately each and every change of residence,giving both his old and new address.

2114. The directory shall be prima facie evidenceof the right of the persons named in it to practice,unless such right has been revoked or suspended bythe board subsequent to the publication of suchdirectory. The secretary-treasurer shall mail a copyof the directory, and all new issues and copies of allsupplements of it, to the last known address of eachperson listed in it, who has paid the annual tax forthe current year.

(Amended hf Stats. 1947, Ch. 307.)2115. The board may appoint qualified persons

to give the whole or any portion of any examinationas provided in this chapter, who shall be designatedas commissioners on examination. A commissioneron examination need not be a member of the boardbut shall be subject to the same rules and regulations

Information

Evidence

CommlS'sioners onexamination


and shall be entitled to the same fee as if he werea member of the board.

2116. The board may prosecute all persons guiltyof violating the provisions of this chapter.

It may employ inspectors, special agents, andinvestigators, any such clerical assistance as it maydeem necessary to carry into effect the provisions ofthis chapter. The board may fix the compensationto be paid for such service and may incur such otherexpenses as it may deem necessary.

The Attorney General shall act as the legalcounsel for the board and his services shall be acharge against it.

2117. The board shall fix the salary of thesecretary-treasurer, with the approval of the Directorof Finance, and the sum to be paid the members ofthe board, which shall notexceed thirty dollars ($30)per diem each, for each and every day of actual serv-ice in the discharge of official duties.

This service includes the attendance at specialmeetings and committee meetings and service whileactively engaged in the review of examination papers,based upon one per diem for each 30 papers orfraction thereof.

Each member of the board shall make a certifica-tion before some duly authorized person that theservice has been actually performed. The board mayadd necessary traveling expenses. The secretary-treasurer shall be entitled to traveling and otherexpenses necessary in the performance of his duties.

Prosecutions

Compensa-tion

(Amended by Stats. 1947, Ch. 344.)2118. The board may enter into contracts of

reciprocity with other States, wherein the standardsare not in any degree or particular less than are thestandards of this State, for the issuance of reci-procity certificates to practice a system or mode oftreating the sick or afflicted.

The reciprocity certificate shall not be greater inscope of practice than is permitted under the equiva-lent certificate issued after the regular examinationprocedure in this State.

2119. The board may from time to time adoptsuch rules as may be necessary to enable it to carryinto effect the provisions of this chapter. It shallrequire the affirmative vote of seven members tocarry any motion or resolution, to adopt any rule, topass any measure, or to authorize the issuance ofany certificate under this chapter.

Any member of the board may administer oathsin all matters pertaining to the duties of the board,and the board may take evidence in any mattercognizable by it.

2120. On or before the first day of January ofeach year, the board shall transmit to the Governora full and true report of all its proceedings, togetherwith a report of all its receipts and disbursements.

The board may publish its report separately andalso as a part of the annual directory. The costs ofpublication shall be chargeable against the Con-tingent Fund of the board.

(Amended by Stats. 1941, Ch. 222.)

Reciprocitycontracts

Rules

Report

Article 3. Certificate Issued and Persons Exempt2135. The board shall issue four forms of cer-

tificates under its seal and signed by the presidentCertificates


Contents

Physician’sand surgeon’scertificate

Druglesspracti-tioner’scertificate

Practice ofchiropody

Certificatesto practicemidwifery

Unlawfulpractice

Representa-tion asphysicianand surgeon

and secretary-treasurer. These certificates shall bedesignated as:

(a) Physician’s and surgeon’s certificate.(b) Drugless practitioner’s certificate.(c) Certificate to practice chiropody.(d) Certificate to practice midwifery.These four forms may also be issued as reciprocity

certificates.2136. All certificates issued shall state the extent

and character of the practice which is permitted,and shall be in the form prescribed by the board.

2137. The physician’s and surgeon’s certificateauthorizes the holder to use drugs or what are knownas medical preparations in or upon human beingsand to sever or penetrate the tissues of human beingsand to use any and all other methods in the treat-ment of diseases, injuries, deformities, or otherphysical or mental conditions.

2138. The drugless practitioner’s certificateauthorizes the holder to treat diseases, injuries, de-formities, or other physical or mental conditionswithout the use of drugs or what are known asmedical preparations and without in any mannersevering or penetrating any of the tissues of humanbeings except the severing of the umbilical cord.

2139. The certificate to practice chiropodyauthorizes the holder to practice chiropody. Asused in this chapter:

Chiropody means the diagnosis, medical, surgical,mechanical, manipulative, and electrical treatmentof the human foot, including the nonsurgical treat-ment of the muscles and tendons of the leg governingthe functions of the foot. No chiropodist shall doany amputation or use an anesthetic other than local.

(Amended by Stats. 1941, Ch. 1116.)2140. The certificate to practice midwifery

authorizes the holder to attend cases of normalchildbirth.

As used in this chapter, the practice of midwiferyconstitutes the furthering or undertaking by anyperson to assist a woman in normal childbirth. Butit does not include the use of any instrument at anychildbirth, except such instrument as is necessaryin severing the umbilical cord, nor does it includethe assisting of childbirth by any artificial, forcible,or mechanical means, nor the performance of anyversion, nor the removal of adherent placenta, northe administering, prescribing, advising, or employ-ing, either before or after any childbirth, of anydrug, other than a disinfectant or cathartic.

A midwife is not authorized to practice medicineand surgery by the provisions of this chapter.

2141. Any person, who practices or attempts topractice, or who advertises or holds himself outas practicing, any system or mode of treating thesick or afflicted in this State, or who diagnoses,treats, operates for, or prescribes for any ailment,blemish, deformity, disease, disfigurement, disorder,injury, or other mental or physical condition of anyPerson, without having at the time of so doing avalid, unrevoked certificate as provided in thischapter, is guilty of a misdemeanor.

2142. Any person, who uses in any sign or inan advertisement the word “doctor,” the letters orPrefix “Dr.,” the letters “M.D.,” or any other term


Representa-tion asdruglesspractitioner

Representa-tion as aphysician

Representa-tion aschiropodist

Exemptions

Consulta-tions

Discrimi-nationprohibited

Students

Studentpractice

or letters indicating or implying that he is a physi-cian and surgeon, physician, surgeon, or practitionerunder the terms of this or any other law, or thathe is entitled to practice hereunder, or under anyother law, without having at the time of so doinga valid, unrevoked certificate as provided in thischapter, is guilty of a misdemeanor.

2142.5. Any person who uses in any sign oradvertisement the word, term or suffix “druglesspractitioner” without having at the time of so doing,a valid unrevoked certificate, as provided in thischapter, is guilty of a misdemeanor.

(Added by Stats. 1939, Ch. 344.)2142.10. Any person who represents or holds him-

self out as a “physician” or who represents or holdshimself out as a “physician” in any combination withany other designation without, at the time of sodoing, having a valid, unrevoked and unsuspendedcertificate as a physician and surgeon under thischapter, is guilty of a misdemeanor.

(Added by Stats. 1947, Ch. 1005.)2143. Any person, who uses in any sign or any

advertisement or otherwise the word “chiropodist,”“foot specialist,” or any other term or terms orletters indicating or implying that he is a chiropo-dist, or that he practices or holds himself out aspracticing chiropody or foot correction as definedin Section 2139, without having at the time of sodoing a valid, unrevoked certificate as provided forin this chapter, is guilty of a misdemeanor.

2144. Nothing in this chapter prohibits servicein the case of emergency, or the domestic adminis-tration of family remedies, nor does this chapterapply to any commissioned medical officer in theUnited States Army, Navy, or Marine Hospital, orpublic health service, in the discharge of his officialduties, nor to any licensed dentist when engagedexclusively in the practice of dentistry.

2145. Nothing in this chapter applies to anypractitioner from another State, when in actualconsultation with a licensed practitioner of thisState, if he is, at the time of the consultation, alicensed practitioner in the State in which he resides.But he shall not open an office or appoint a placeto meet patients or receive calls within the limitsof this State.

2146. Nothing in this chapter shall be construedso as to discriminate against any particular schoolof medicine or surgery, or any other treatment, norshall it regulate, prohibit or apply to any kind oftreatment by prayer, nor interfere in any way withthe practice of religion.

2147. Nothing in this chapter shall be construedto prevent a student regularly matriculated in anylegally chartered school approved by the board fromtreating, without compensation to the student, thesick or afflicted as a part of his course of study.

2147.5. Any graduatestudent registered with theboard and upon whom a degree of doctor of medicine,bachelor of medicine, or doctor of osteopathy hasbeen conferred by a school, approved by the board,and any regularly matriculated student in a schoolapproved by the board may, during and as a partof his course of study, but not for a period of morethan two years, treat the sick and afflicted either assuch student in a school approved by the board, teach-ing medicine, surgery or osteopathy in this State,


Footappliances

Applications

Piling

Information

Contents

or as an interne in a hospital approved for the train-ing of internes, and may, for rendering such treat-ment, receive compensation therefor from thehospital or school. Hospitals functioning as a partof the teaching program of an approved school inthis State may exchange instructors or resident orassistant resident physicians with an out-of-stateapproved school, and the exchange instructor, resi-dent or assistant resident from such out-of-stateschool may, for a period not exceeding one year, serveas an instructor, resident or assistant resident insuch hospital in this State. Any person registeredwith the board and upon whom a degree of doctor ofmedicine or doctor of osteopathy has been conferredby a school approved by the board may act as a resi-dent or assistant resident physician in any hospitalapproved for residencies or the training of internes,and may receive compensation therefor from thehospital; provided, that any such resident or assist-ant resident shall qualify for and take the nextsucceeding examination for a physician’s and surg-eon’s certificate given by the board. If he shall fail topass such examination, all privileges under this sec-tion shall automatically cease.

Except to the extent authorized by this section, nograduate student or resident may treat the sick orafflicted or receive compensation therefor, or other-wise engage in or offer to engage in the practice ofmedicine or surgery ; unless he shall hold a valid,unrevoked and unsuspended physician’s and sur-geon’s certificate.

(Amended by Stats. 1947, Ch. 867.)2148. Nothing in this chapter prohibits the manu-

facture, the recommendation or the sale of eithercorrective shoes or appliances for the human feet.


Article 4. Applications Generally2105. The provisions of this article shall apply

to all certificates unless the particular provisionsapplicable to each certificate otherwise provide orspecifically cover.

2166. Each application for a certificate shall beaccompanied by the fee required by this chapter andshall be filed with the board at least two weeks priorto its regular meeting.

2167. The application shall be made upon a blankfurnished by the board. It shall contain such in-formation concerning the medical instruction andthe preliminary education of the applicant as theboard may by rule prescribe, in addition to theinformation required by law.

2168. All applications, except one that is basedupon a diplomatic certificate issued by the NationalBoard of Medical Examiners of the United States,shall contain or have attached thereto:

(a) Testimonials of good moral character satis-factory to the board.

(b) Each diploma issued by some legally char-tered school approved by the board. The require-ments of the school shall have been at the time ofgranting the diploma in no degree less than thoserequired under this chapter or by any precedingmedical practice act at the time that the diplomawas granted. In lieu of any diploma, the applicant

18 COMPILATION OF CALIFOKNIA LAWS

may submit evidence satisfactory to the board ofhaving possessed the same.

(c) An affidavit showing to the satisfaction ofthe board that the applicant is the person namedin each diploma that he submits, that he is thelawful holder, and that it was procured in theregular resident course of instruction and exami-nation without fraud or misrepresentation.

2168.5. Every applicant shall prove that adiploma or other evidence of final, successful andentire completion of instruction and training re-quired by a school approved by the board has beenissued to him.

(Added by Stats. 1943, Ch. 580.)2169. All applications, except one for a certifi-

cate to practice midwifery, shall contain, or haveattached thereto, a diploma from a California highschool or other school in the State of Californiarequiring and giving a full four years’ residentcourse of the same grade, or other schools elsewhererequiring and giving full four years’ resident stand-ard high school course, or its equivalent, approvedby the board.

Proof, satisfactory to the board, shall be submittedthat the applicant is the lawful holder of the diploma,and that it was procured in the regular residentcourse of instruction without fraud or misrepre-sentation.

2170. In lieu of the requirements of Section 2169,sufficient preliminary educational qualifications maybe shown by compliance with any of the following-requirements :

(a) The passing of an examination before theentrance examining board for the entrance to theacademic department of the University of California,Stanford University, or the University of SouthernCalifornia.

(b) The possession of documentary evidence ofadmission to the academic department of the insti-tutions mentioned in subdivision (a) as a regularstudent or in full standing.

(c) The certificate from the college entrance ex-amination board, or the college examining board ofany State showing that the applicant has passed theexamination of the board.

(d) If the applicant is 80 years or more of age.he may show to the satisfaction of the board proofof preliminary education equivalent in trainingpower to the foregoing alternatives.

2171. All applicants for any certificate shall fileevidence satisfactory to the board, showing eachlegally chartered school, approved by the board, inwhich a resident course of professional instructionwas pursued covering the minimum requirementsprovided for the particular certificate for which theapplication is filed.

2172. The hours required for any resident courseof professional instruction shall be actual work inthe classroom, laboratory, clinic, or hospital, and atleast 80 per cent of actual attendance shall berequired.

The hours required in any subject need not exceed75 per cent of the number specified, but the totalnumber of hours in all subjects of each group shallnot be less than the total number specified for thegroup.

Diplomas

High schooleducation

Alternatives

Professionalinstruction

Hoursrequired


2173. The board shall approve every school whichcomplies with the requirements of this chapter for 1resident courses of professional instruction and shalladmit every applicant to the examination who com-plies with the requirements provided for the par-ticular certificate for which his application is filed.Nothing in this chapter prohibits the board fromconsidering the quality of the resident courses ofprofessional instruction required.

2174. If any school is disapproved by the board orany applicant for examination is rejected by it, thenthe school or the applicant may commence an actionin the superior court against the board to compel itto approve the school or to admit the applicant toexamination or for any other appropriate relief. Insuch an action the court shall proceed under Section1094.5 of the Code of Civil Procedure; provided,however, that the court may not exercise an inde-pendent judgment on the evidence. The action shallbe speedily determined by the court and shall takeprecedence over all matters pending therein exceptcriminal cases, applications for injunctions, or othermatters to wdiich special precedence may be given bylaw. The action shall be commenced and tried in theSuperior Court of the State of California, in and forthe County of Sacramento.

(Amended by Stats. 1947, Ch. 4G9.)2175. Subject to the provisions of the State Civil

Service Act, any person, who is licensed to practicemedicine and surgery in any other State, and who isa graduate of a medical school approved by theBoard of Medical Examiners in this State, and whohas applied for a physician’s and surgeon’s certificatein this State, may be appointed to the medical staffof any State mental hospital or State feeble-mindedhome under the jurisdiction of the State Departmentof Institutions for a period of one year at the endof which period, he must have secured a physician’sand surgeon’s certificate in order to continue as amember of the staff. Until such person has securedhis physician’s and surgeon’s certificate he must notengage in the practice of medicine in this State,except that he shall be entitled to treat only theinmates of the institution, on the staff of which hehas been appointed under the provisions of thissection.

(Added by Stats. 1941, Ch. 912.)2176. Subject to the provisions of the State

Civil Service Act, any person, who is licensed topractice medicine and surgery in any other State,and who is a graduate of a medical school approvedby the Board of Medical Examiners in this State,and who has applied for a physician’s and surgeon’scertificate in this State, may be appointed to themedical staff of the Veterans’ Home of Californiafor a period of one year at the end of which period,he must have secured a physician’s and surgeon’scertificate in order to continue as a member of thestaff. Until he has secured his physician’s andsurgeon’s certificate he shall not engage in the prac-tice of medicine in this State, except that he maytreat only the members of the home.

This section shall remain in effect until the ninety-first day after the final adjournment of the Fifty-seventh Regular Session of the Legislature or untii

Approvalof schools

Relief fromdisapproval

Departmentof Insti-tutions

e Veterans’5 Home of

California



Preliminaryeducation

Schedule ofinstruction

the cessation of hostilities in all wars in which theUnited States is now engaged, whichever first occurs.

(Added by Stats. 1945, Ch. 264.)

Article 5. The Physician’s and Surgeon’sApplication

2190. Every applicant for a physician’s andsurgeon’s certificate shall comply with all the pro-visions of this article, in addition to the requirementsof Article 4, unless the requirement is one applicableto a particular class of applicant for this certificate.

2191. Each applicant shall present evidence satis-factory to the board that he has completed a one-year resident course of college grade in the subjectsof physics, chemistry and biology. An applicantgraduating after January 1, 1919 shall present evi-dence satisfactory to the board of having completedthis course before beginning the last half of thesecond year in the resident study of medicine. Anapplicant graduating after January 1, 1924 shallpresent evidence satisfactory to the board of havingcompleted this course before commencing the studyof medicine.

2192. Each applicant shall show by evidencesatisfactory to the board that he has attended fourresident courses of professional instruction in aschool or schools of the United States or Canada,approved by the board, but these courses need notnecessarily have been pursued continuously or con-secutively. Each course shall not have been of lessthan 32 weeks duration, and the total number ofhours for all courses shall consist of 4,000 hoursaccording to the following schedule :

Group 1.Anatomy, including embryol-

ogy and histology 14 to per centGroup 2.

Physiology 4J to 6 per centGroup 3.

Biochemistry Si to per centGroup 4.

Pathology, bacteriology andimmunology 10 to 13 per cent

Group 5.Pharmacology, including ma-

teria medica and toxicology- 4 to 5 per centGroup 6.

Preventive medicine and hy-giene 3 to 4 per cent

Group 7.General medicine, neurology

and psychiatry, pediatrics,dermatology and syphilis 20 to per cent

Group 8.General surgery, orthopedic

surgery, urology, ophthal-mology, otolaryngology, ro-entgenology 13 to per cent

Group 9.Obstetrics and gynecology 4 to 5 per cent

Total 76 to 100 per centElectives 24 to 0 per centTotal number of hours required 4000 hours



2193. An applicant, whose application is basedon a diploma issued to him by a foreign medicalschool approved by the board, except a Canadianschool, shall furnish documentary evidence, satis-factory to the board, that:

(a) He has completed a resident course of pro-fessional instruction in an approved medical schoolor schools equivalent to that required in this articlefor a physician and surgeon applicant.

(b) Subsequent thereto, he has had issued to himby an approved medical school, a medical diploma,as evidence of the completion of the course of med-ical instruction required in this chapter.

(c) He has been admitted or licensed to practicemedicine and surgery in the country wherein islocated the institution in which he has completed theresident courses of professional instruction requiredunder this chapter.

(d) He has completed either the senior or fourthor final year in an approved medical school in theUnited States, or in lieu of this, that he has servedat least one year in residence in a hospital locatedin the United States and approved by the board fortraining of internes.

(e) If the applicant is not a citizen of the UnitedStates, the country in which he has been licensed topractice medicine and surgery will admit to practicetherein citizens of the United States upon proof ofprior admission to practice medicine and surgery insome State of the United States or upon proof ofmatters similar to those required in this section forgraduates of foreign medical schools.

(Amended by Stats. 1939, Oh. 281, and by Stats.1941, Ch. 751.)

Note.—Stats. 1941, Ch. 751, which amended Sec-tion 2193, contained the following:

Sec. 2. Subdivision (e) added to Section 2193 ofthe Business and Professions Code by this amenda-tory act does not apply to any person who on March31, 1941, was registered as an interne under Chapter5 of Division 2 of the Business and Professions Code,relating to the practice of medicine.

2194. An ajjplicant, whose application is basedon a diplomate certificate issued by the NationalBoard of Medical Examiners of the United States,shall pay the fee provided by this chapter and, inaddition to all other requirements provided for aphysician’s and surgeon’s certificate, he shall filetestimonials of good moral character satisfactoryto the board and shall satisfy the board that thestandard of the National Board of Medical Exam-iners on the date that the diplomate certificate wasissued was in no degree or particular less than thatwhich was required for a physician’s and surgeon’scertificate under this chapter on the same date.

He shall also satisfy the board that the diplomatecertificate was procured without fraud or misrepre-sentation and that at no time has any certificate orlicense issued by any State of the United States orissued by a foreign country been revoked or annulledfor unprofessional conduct.

The board may, in its discretion, with or withoutan oral examination, issue a certificate to an appli-cant who has complied with the requirements pro-vided for a diplomate certificate.

2195. Before July 1, 1918, in lieu of the otherrequirements, when the applicant can show, to thesatisfaction of the board, that he has taken the

Nationalboardapplicants

Applicantsbefore July1. 1918

22 COMP1L ION OI CALIFORNIA LAWS

resident courses required for a drugless practitioner’scertificate or a physician’s and surgeon’s certificatein schools approved by the board and that passinggrades were received by him, he shall be admittedto the examination for the respective form of cer-tificate.

For applicants for a drugless practitioner’s cer-tificate, the course shall have been one totaling notless than 96 weeks consisting of not less than 3,000hours and for a physician’s and surgeon’s certificate,one totaling not less than 128 weeks consisting ofnot less than 4,000 hours.


Article 6. United States Commissioned MedicalOfficers’ Applications

2210. An applicant, whose application is basedon a commission as a medical officer in the UnitedStates Army, Navy, or Public Health Service, andwho comes within the provisions of this article, mayapply for a physician’s and surgeon’s certificate inaccordance with the provisions of this article.

2211. This article applies to any medical director,medical inspector, passed assistant surgeon, andassistant surgeon of the United States Navy, and toany surgeon of the United States Army. Eachapplicant in either service shall be one who is honor-ably discharged, temporarily detached, placed uponthe retired list without being discharged from, or onactive duty in the medical department of the UnitedStates Army or Navy, or who, by resignation, hashonorably severed all connection with either service.

2212. This article applies to any surgeon general,assistant surgeon general, senior surgeon, surgeon,passed assistant surgeon, and assistant surgeon ofthe United States Public Health Service, who is onactive duty with this service, or temporarily detached,or one who has honorably severed all connectionwith this service.

2213. This article does not apply to any contractsurgeon in the United States Army, Navy or PublicHealth Service, nor to any officer of the medicalreserve corps of the Army, Navy or Public HealthService.

2214. An applicant to whom this article appliesshall file an application on a form approved by theboard accompanied by a sworn copy of his discharge,or the order temporarily detaching him, or the orderplacing him on the retired list with the hoard or heshall prove to the satisfaction of the board that, byresignation, he has honorably left the service of theArmy, Navy or Public Health Service. He shallpay the fee required by this chapter.

2215. If the application is favorably acted uponby the board, it shall issue a physician’s and sur-geon’s certificate.

2216. If it appears to the satisfaction of theboard, that the applicant was commissioned in theUnited States Army, Navy or Public Health Serviceat a time when the requirements of the service forhis commission were in any degree or particular lessthan those which were required for the issuance of asimilar certificate to practice in California at thedate of his commission, the board, in its discretion,may require the applicant to pass a practical, clin-ical, oral examination before a certificate may be

Commis-sionedapplicants

Army andNavyapplicants

PublicHealthService

Contractsurgeons

Applications

Certificate

Standard ofrequirements


Druglesspractitioners


Chiropodists

Applicantsafter Jan.1, 1941

Veterans

issued or the board may, in its discretion, refuse toissue a certificate.

Article 7. The Drugless Practitioner’sApplication

2230. Every applicant for a drugless practi-tioner’s certificate shall comply with all the provi-sions of this article in addition to the provisions ofArticle 4.

2231. Each applicant shall show by evidencesatisfactory to the board that he has attended threeresident courses of professional instruction in aschool approved by the board, but these courses neednot necessarily have been pursued continuously orconsecutively. Each course shall not have been ofless than 32 weeks in duration, and the total numberof hours for all courses shall consist of 3,000 hoursaccording to the following schedule:Group 1. 600 hours.

Anatomy 485 hoursHistology 115 hours

Group 2. 500 hours.Elementary chemistry and toxicology 200 hoursPhysiology 300 hours

Group 3. 550 hours.Elementary bacteriology 200 hoursHygiene 100 hoursPathology 250 hours

Group 4. 500 hours.Diagnosis 500 hours

Group 5, 500 hours.Manipulative and mechanical therapy 500 hours

Group 6. 350 hours.Gynecology 150 hoursObstetrics 200 hours

Total 3000 hours(Amended by Stats. 1939, Ch. 360.)

Article 8. The Chiropodist’s Application2245. Every applicant for a certificate to prac-

tice chiropody shall comply with all the provisionsof this article in addition to the provisions ofArticle 4.

2245.5. Each applicant graduating from a chi-ropody college after January 1, 1941, shall presentevidence satisfactory to the board of having com-pleted a one-year resident course of work of collegegrade in a school approved by the board before com-mencing the resident course of professional instruc-tion.

(Added by Stats. 1939, Ch. 1021.)2245.6. In lieu of the requirements of Section

2245.5, an applicant who is a discharged veteran ofWorld War II may present satisfactory evidence tothe board that he has taken a course of study underthe auspices of the United States Government byvirtue of the laws and regulations of the Congressprovided, or under the auspices of the State by virtueof cognate laws and regulations by the Legislatureprovided, if such course is recognized by a collegeor school approved by the board as constituting theequivalent of the one-year resident course prescribedby Section 2245.5.



Trainingrequired

Schedule

2246. Each applicant shall show by transcriptsor other evidence satisfactory to the board that hehas attended four resident courses of professionalinstruction in a school approved by the board cover-ing- at least 4,000 hours.

Each hour does not include the time consumedby examinations or tests and shall not be less than 50consecutive minutes. Not more than eight hours workis to be credited to any student in any one day of 24hours. Each course shall not be of less than 32 weeksduration. At least 11 months shall intervene betweenthe beginning of any course and the beginning of thepreceding course, but these courses need not neces-sarily have been pursued continuously or con-secutively.

This instruction shall be in accordance with thefollowing schedule :

Group 1.Anatomy, including embryology

and histology 11 to 13 percent

Group 2.Physiology and bio-chemistry— 8 to 10 percent

Group 3.Bacteriology, pathology and

immunology 9 to 10 percent

Group 4.Pharmacology, including ma-

teria medica, and toxicology 5 to 6 percent

Group 5.Preventive medicine and hy-

giene -2 to 3 percent

Group 6.Shoe therapy, physical therapy,

foot orthopedics, and didacticchiropody 21 to 24 percent

Group 7.Chiropodic medicine, physical

and laboratory diagnosis,neurology, psychology, der-matology and syphilology 18 to 20 percent

Group 8.Ohiropodic surgery, orthopedic

surgery, and roentgenology 10 to 34 percentTotal 84 to 100 percentElectives 16 to 0 percentTotal number of hours re-

quired 4,000

The increase in educational requirements fromthree resident courses of professional instruction ina school approved by the Board of Medical Examinerscovering 3,360 hours to four such courses covering4,000 hours shall apply only to applicants for thecertificate to practice chiropody who matriculate atany such school after September 1, 1947 for the firsttime. Applicants who have matriculated at any suchschool prior to September 1. 1947 shall be subjectto the requirement of attendance of three residentcourses covering 3,360 hours in accordance with thelaw in existence immediately preceding the effectivedate of this act.



Midwives

High schooleducation


Scheduleof courses

Exami-nations

TestfitnessInterpreters

Place of ex-aminations

Article 9. The Midwife’s Application2260. Every applicant for a certificate to practice I

midwifery shall comply with all the provisions of thisarticle in addition to the provisions of Article 4.

2261. Each applicant shall show that he has 1completed, in a school approved by the board, at 1least one year of resident high school instruction orits equivalent. But an applicant graduating afterOctober, 1918, shall present to the board a diplomafrom a California high school giving a full fouryears’ standard resident high school course or itsequivalent.

2262. Each applicant shall show by evidencesatisfactory to the board that he has had a residentcourse of professional instruction by compliancewith any one of the following alternatives:

(a) The attendance at a one-year resident coursein a hospital recognized as reputable by the board,and the taking of a resident course of professionalinstruction satisfactory to the board, for this period.

(b) The possession of a diploma from a hospitalrecognized as reputable by the board, and the takingof a resident course of professional instruction fora period of at least three months.

(c) The taking of a resident course of profes-sional instruction in any school approved by theboard as giving a course of professional instructionfor a physician’s and surgeon’s certificate.

2263. The resident course of professional instruc-tion required for each applicant shall consist ofobstetrics, anatomy, physiology, hygiene and sanita-tion in accordance with the following schedule :

Group 1. 150 hours.Anatomy 75 hoursPhysiology 75 hours

Group 2. 265 hours.Hygiene and sanitation 100 hoursObstetrics 165 hours

Total 415 hours

Article 10. Examinations2280. All applicants shall take the examination ;

provided in this article for the certificate for which !they are applying unless the particular provisionsof this chapter otherwise provide or specificallycover.

2281. All examinations shall be practical incharacter and designed to ascertain the applicant’sfitness to practice his profession. At least a portionof the examination in each subject shall be in writing.

2282. The examination shall be conducted in theEnglish language. Upon the submission of satis-factory proof from the applicant that he is unableto meet the requirements of the examination in theEnglish language, the board may allow the use ofan interpreter, either to be present in the exami-nation room or thereafter to interpret and transcribethe answers of the applicant. The selection of theinterpreter shall be left entirely to the board andhis expenses shall be borne by the applicant. Thepayment of his expenses shall be made before theexamination is held.

2283. The examination may be conducted in anypart of the State designated by the board. The


notice of each meeting of the board at which anexamination is to be held, shall specify the time andplace of holding the examination.

2284. The examination papers shall form a partof the records of the board, and shall be kept on fileby the secretary-treasurer for a period of one year.In the examination the applicant shall be knownand designated by number only, and the nameattached to the number shall be kept secret untilafter the board has finally voted upon the appli-cation.

2285. The secretary-treasurer shall in no instanceparticipate as an examiner in any examination heldby the board. All questions on any subject inwhich a written examination is required under thischapter shall be provided by the board upon themorning of the day upon which the examination isgiven. If it is shown that the secretary-treasureror any member of the board has in any mannergiven information in advance of or during the ex-amination to any applicant, the Governor shallremove him from the board or from the office ofsecretary-treasurer.

2286. There shall be at least 10 questions oneach subject included in the examination for eachcertificate. The answers to the questions shall bemarked on a scale of 0 to 100. Each applicant shallobtain not less than a general average of 75 per centand not less than 60 per cent in any two subjects.Each applicant shall be granted a credit of 1 percent upon his general average for each year ofactual licensed practice in the United States andCanada since graduation, which credit shall notexceed 10 points upon such general average.

(Amended by Stats. 1941, Ch. 220.)Note.— Stats. 1941, Ch. 220, which amended Sec-

tion 22S6, contained the following:Sec. 2. The amendment to Section 2286 of the

Business and Professions Code made by this act shallnot apply to any person, who on March 31, 1941, wasserving the period of internship required by Chapter5 of Division 2 of the Business and Professions Code,relating to the practice of medicine, and who onMarch 31, 1941, was registered with the Board ofMedical Examiners of the State of California, andhe shall be entitled to the credits provided by saidSection 2286 as it existed prior to its amendmentby this act.

2287. Any applicant for a physician’s and sur-geon’s certificate obtaining 75 per cent each in sevensubjects and any applicant for a drugless practi-tioner’s certificate obtaining 75 per cent each in fivesubjects and any applicant for a certificate to prac-tice chiropody obtaining over 75 per cent in fivesubjects and any applicant for a certificate to prac-tice midwifery obtaining 75 per cent in one subjectshall be reexamined in those subjects only in whichhe failed and without additional fee.

2288. Applicants for a physician’s and surgeon’scertificate under Article 5 shall pass an examinationin the following subjects :

(a) Anatomy, including histology.(b) Physiology.(c) Bacteriology and pathology.(d) Biochemistry.(e) Obstetrics and gynecology.(f) Materia medica, pharmacology and thera-

peutics.

Examinationpapers

Examiners

Grades

Physician’sand surgeon’sexamination


(g) General medicine, including clinical micro-scopy.

(h) Surgery.(i) Public health and preventive medicine.2289. Applicants for a drugless practitioner’s

certificate under Article 7, shall pass an examinationin the following subjects:

(a) Anatomy, including histology.(b) Physiology.(c) General diagnosis.(d) Elementary pathology and elementary bac-

teriology.(e) Obstetrics.(f) Toxicology and elementary chemistry.(g) Public health and preventive medicine.2290. Any person, who holds a drugless prac-

titioner’s certificate, which was issued upon satis-factory proof of meeting the requirements for theresident course of professional instruction after awritten examination, and who presents evidence ofhaving successfully completed the additional coursesrequired for the physician’s and siirgeon’s certificatein a school approved by the board, shall be permittedto take his examination in subjects required for aphysician’s and surgeon’s certificate without beingreexamined in the subjects required for a druglesspractitioner’s certificate.

The subjects for this examination shall be:(a) Biochemistry.(b) Advanced bacteriology and pathology.(c) Surgery.(d) Materia medica, pharmacology and thera-

peutics.(e) General medicine, including clinical micro-

scopy.(f) Advanced obstetrics and gynecology.2291. Any drugless practitioner who, before

January 1, 1916, paid the fees provided and sub-mitted satisfactory proof of good moral characterand of a resident one-year course of not less than1,000 hours in a legally chartered school approvedby the board and who, in addition, submitted satis-factory proof of either three years of actual practiceof a drugless system of the healing art in this Statein order to take the examination, or six years ofactual practice of a drugless system of the healingart of which three years were in this State, togetherwith proof of competency in a drugless system inorder to receive a certificate without an examination,shall not be eligible for a physician’s and surgeon’scertificate without a complete compliance with allthe requirements provided for its issuance.

2292. Applicants for a certificate to practicechiropody under Article 8 shall pass an examinationin the following subjects :

(a) Anatomy and histology.(b) Physiology, chemistry and hygiene.(c) Pathology and bacteriology.(d) Dermatology and syphilis.(e) Orthopedics and surgery.(f) Chiropody and therapeutics.2293. Applicants for a certificate to practice mid-

wifery under Article 9 shall pass an examination inthe following subjects:

(a) Anatomy and physiology.(b) Obstetrics.(c) Hygiene and sanitation.

Druglesspracti-tioner’sexamination

Additionalexamination

Completeexaminationrequired

Chiropodist’sexamination

Midwife’sexamination


Reciprocitycertificate

Marking

Applications

Characterand priorexamination

Certificates

Issuedwithin 10years

Institutionsattended

Diplomas

Standards

Article 11. Reciprocity2310. The board shall issue a reciprocity cer-

tificate to an applicant to practice a system or modeof treating the sick or afflicted in this State that heis authorized to practice in any other State if it isa system or mode that is recognized by this chapteror any preceding practice act. Subject to the pro-visions of Sections 2320 and 2321, no examinationfor any reciprocity certificate shall be required.

2311. All certificates issued pursuant to thisarticle shall be marked reciprocity certificate.

2312. The applicant shall pay the reciprocity feerequired by this chapter and shall file a verifiedapplication, on a form furnished by the board, con-taining his full name, and such other general infor-mation concerning his past practice or vocation asmay be required by the board.

2313. He shall submit evidence satisfactory tothe board that he is of good moral character and thathe has not failed in a written examination given bythe board for a similar certificate under this chapteror any preceding medical practice act of this State.

2314. He shall file a statement of each certificatethat has been issued to him by any medical licensingauthority to practice a system or mode of treatingthe sick or afflicted which is recognized by thischapter or any preceding medical practice act.

This statement shall contain the date of eachcertificate, a description of each of them and, ifrequired by the board, each certificate itself. If acertificate has been lost, a copy may be filed togetherwith proof satisfactory to the board that the copyis a correct one and that the certificate was issuedto him without fraud or misrepresentation.

2315. The certificate, upon which his applica-tion is based, shall have been issued to him withina period of 10 years immediately preceding thefiling of his application at the office of the board inthe City of Sacramento.

2316. He shall inform the board on his applica-tion form of all institutions from which he hasgraduated and of all institutions at which he hasstudied and the period of this study.

The requirements of the college from which he hasgraduated and the requirements of the medical licens-ing authority shall not have been at the time hiscertificate was issued in any degree or particularless than those which were required for the issuanceof a similar certificate to practice a system or modeof treating the sick or afflicted in this State at thesame time.

2316.5. An applicant for a reciprocity certificateshall prove that a diploma or other evidence of final,successful and entire completion of instruction andtraining required by a school approved by the boardwas a condition precedent to his admission to theexamination for the license upon which his applica-tion for a certificate in this State is based.

(Added by Stats. 1943, Ch. 530.)2317. He shall submit evidence of his own and

from the medical licensing authority, which is satis-factory to the board and which shows that the re-quirements of the authority for a certificate per-mitting him to practice a system or mode of treatingthe sick and afflicted at the time it was issued, werenot in any degree or particular less than those which


were required for the issuance of a similar certificateto practice a system or mode of treating the sickand afflicted in this State at the same time.

2318. An oral examination shall not be deemed (to be of equal merit with a written examination and 1no certificate shall be issued in the case where awritten examinationwas given in California and anapplicant was given an oral examination in anotherState at the same time.

2319. He shall have been a resident of the State 1issuing the certificate on which his application isbased for a period of one year subsequent to itsissuance or he may show, by evidence satisfactoryto the board, two years of the licensed practice ofhis profession in another State.

2320. The board may make an independent in- 1vestigation of the educational qualifications and thecharacter, ability and standing of the applicant.

If, after this investigationand any other or furtherexamination or investigation which the board maysee fit to make on its own part, it is found that therequirements of the medical licensing authorityissuing his certificate were in any degree or particu-lar less than the requirements provided by the lawof this State at the date of the issuance of hiscertificate, or that the applicant has not compliedwith one of the alternatives provided by Section2319, he will not be entitled to practice in this Statewithout examination.

2321. An applicant for a reciprocity certificate, (whose application is based on q certificate issued by 1a medical licensing authority of another State, 10 1or more years prior to the date of the filing of hisapplication with the board, shall be required to takean oral examination to be given in accordance withthe provisions of Section 2323 and 2324, if the boardfinds that he has met all the requirements of thisarticle from which he is not expressly excepted.

2322. An applicant, for a reciprocity certificate, ]whose application is based on a certificate that hasbeen issued 10 or more years prior to the date hisapplication is filed with the board, shall comply withall the provisions of this article except the provisionsof Section 2315 and 2320.

2323. The board shall afford him an examination ]within six months subsequent to the filing of the tapplication. It shall be oral, practical and clinicalin nature and full consideration shall be given tothe duration and character of the applicant’s prac-tice.

2324. If, after the examination referred to in ]Sections 2321 and 2323, it is determined by a major- <ity vote of the board that the applicant is qualifiedto practice a system or mode of treating the sick andafflicted in this State and that his reputation andstanding in the community in which he has pre-viously practiced are good, he shall be entitled toreceive a reciprocity certificate.

2325. Any person granted a reciprocity certificate ]to practice any system or mode for treating the sick ;and afflicted recognized by this chapter or any pre- (ceding medical practice act which is not of equalscope with the physician’s and surgeon’s certificate,is not eligible for the physician’s and surgeon’s cer-tificate without a full and complete compliance withthe terms and provisions of Articles 4, 5, 10 and 11of this chapter.

Oral exami-nations

Residence

Investigation

Certificatesissued 10 ormore years

Exceptions

Exami-nations

Issuance ofcertificate



Chiropodyreciprocity

2326. A reciprocity certificate to practice chirop-ody in this State shall be granted to an applicantfrom another State only on the same basis on whichsuch other State grants a certificate to practicechiropody to an applicant from this State.


Article 12. Registration2340. Every person holding a certificate under

the laws of this State authorizing him to practiceany system or mode of treating the sick or afflictedin this State shall have it registered in the office ofthe county clerk of every county in which he ispracticing his profession and, upon its being re-corded, the holder shall be constituted a duly licensedpractitioner in accordance with its provisions. Thefact and date of registration shall be indorsed on thecertificate by the county clerk registering the same.

2341. Registration shall be made in a registerkept by the clerk for this purpose. The registershall be alphabetically arranged and shall show ;

(a) The name of the person to whom the certifi-cate is issued.

(b) The form of certificate issued to him.(c) The scope of practice permitted thereunder.(d) The number and date of the certificate.(e) The date of its registration.2342. The county clerk shall keep a complete list

of the certificates recorded by him in a book providedfor this purpose. The book shall be open to publicinspection during his office hours.

2343. Any person holding a certificate who shallpractice or attempt to practice any system or modeof treating the sick or afflicted in this State, withouthaving first registered his certificate with the countyclerk, as required under Section 2340, is guilty of amisdemeanor.

Registration

Contents ofregister

List ofcertificates

Penalty

Article 13. Denial, Suspension and RevocationDenial,suspension,revocation

2360. Every certificate issued may be suspendedor revoked. The board shall refuse a certificate toany applicant guilty of unprofessional conduct. Theproceedings under this article shall be conducted inaccordance with Chapter 5 of Part 1 of Division 3of Title 2 of the Government Code, and the boardshall have all the powers granted therein.

(Amended by Stats. 1945, Ch. 896.)2361. The board shall take action against any

holder of a certificate, who is guilty of unprofessionalconduct which has been brought to its attention, orwhose certificate has been procured by fraud ormisrepresentation or issued by mistake.

2362. The board shall take action against anyholder of any reciprocity certificate, whose certificate,upon which his reciprocity certificate was issued,was procured by fraud or misrepresentation or issuedby mistake, or who is found to be practicing con-trary to the provisions of this chapter.

2363. The revocation by another State of alicense or certificate by virtue of which one licensedto practice in California has authority to practicein the other State constitutes a ground for the boardto take action.

2364. No action shall be taken against the holderof any certificate nor, on the grounds of unprofes-sional conduct, shall any applicant be refused any

Board totake action

Action onreciprocitycertificates

Revocationby otherState

Procedurerequired


certificate until the board follows the provisions ofChapter 5 of Part 1 of Division 3 of Title 2 of theGovernment Code.

(Amended by Stats. 1945, Ch. 896.)(Sections 2365 to 2371 repealed by Stats. 1945,

Ch. 896.)2372. The board shall discipline the holder of

any certificate, whose default has been entered orwho has been heard by the board and found guilty,by any of the following methods:

(a) Suspending judgment.(b) Placing him upon probation.(c) Suspending his right to practice for a period

not exceeding one year.(d) Revoking his certificate.(e) Taking such other action in relation to dis-

ciplining him as the board in its discretion maydeem proper.

2373. If the holder of a certificate is suspended,he shall not be entitled to practice during the termof suspension.

Upon the expiration of the term of suspension, heshall be reinstated by the board and shall be entitledto resume his practice, unless it is established to thesatisfaction of the board that he has practiced inthis State during the term of suspension. In thisevent, the board shall revoke his certificate.

2374. The secretary-treasurer shall enter eachcase of disciplinary action on his records and shallcertify the fact of suspension or revocation underthe seal of the board to the county clerk of thecounty in which the certificate of the person isrecorded.

2375. The county clerk shall thereupon write thefollowing upon the margin or across the face of hisregister of the certificate: “The holder of this cer-tificate was on the day of suspendedfor ,” or, “The certificate was revoked on the

day of ,” as the case may be, givingthe day, month and year of such revocation or lengthof suspension in accordance with the certificationto him by the secretary-treasurer.

2376. The record of suspension or revocationmade by the county clerk in accordance with Sections2374 and 2375, is prima facie evidence of the factthereof and of the regularity of all the proceedingsof the board in the matter of the suspension orrevocation.

2376.5. A person, whose certificate has beenrevoked or suspended for more than one year, maypetition the board to reinstate the certificate after aperiod of not less than one year has elapsed from thedate of therevocation or suspension.

The petition shall state such facts as may berequired by the board. The petition shall be accom-panied by two or more verified recommendations fromphysicians and surgeons licensed by the board towhich the petition is addressed and by two or morerecommendations from citizens each having personalknowledge of the activities of the petitioner since thedisciplinary penalty was imposed. The petition shallbe heard at the next regular meeting of the board,held not earlier than 30 days after the petition wasfiled. The hearing may be continued from time totime as the board finds necessary. No petition shallbe considered while the petitioner is under sentence

Disciplinaryaction

Suspensions

Entry ofaction

Countyclerk’srecord

Evidence

Petitions forrestoration


Criminalabortions

Violations

Professionalsecrets

Advertising

for any criminal offense, including any period duringwhich he is on probation or parole.

In determining whether the disciplinary penaltyshould be set aside and the terms and conditions, ifany, which should be imposed if the disciplinarypenalty is set aside, the board may investigate andconsider all activities of the petitioner since the disci-plinary action was takenagainst him, the offense forwhich he was disciplined, his activity during the timehis certificate was in good standing, and his generalreputation for truth, professional ability and goodcharacter. The affirmative vote of at least seven-tenths of the members of the board is necessary to setaside a penalty and to restore a certificate with orwithout terms, conditions and restrictions. The boardmay grant or deny, without a hearing or argument,any petition filed pursuant to this section, where thepetitioner has been afforded a hearing upon any peti-tion filed pursuant to this section within a period oftwo years immediately preceding the filing of suchpetition.

The secretary-treasurer shall enter in his recordsof the case all actions of the board in setting aside adisciplinary penalty under this section and he shallcertify notices to the proper county clerk. The countyclerk shall make such changes on his records as maybe necessary.

(Amended by Stats. 1947, Ch. 470.)2377. The procuring or aiding or abetting or

attempting or agreeing or offering to procure a crim-inal abortion constitutes unprofessional conductwithin the meaning of this chapter.

2378. The violating or attempting to violate,directly or indirectly, or assisting in or abetting theviolation of or conspiring to violate any provision orterm of this chapter constitutes unprofessional con-duct within the meaning of this chapter.

2379. The wilful betraying of a professionalsecret constitutes unprofessional conduct within themeaning of this chapter.

2380. All advertising of medical business whichis intended or has a tendency to deceive the publicor impose upon credulous or ignorant persons andso be harmful or injurious to public morals or safetyconstitutes unprofessional conduct within the mean-ing of this chapter.

2380.5. All advertising of the medical businessin connection with which the holder of any certificatefails to use his name constitutes unprofessionalconduct within the meaning of this chapter.

(Added by Stats. 1941, Ch. 875.)2381. All advertising of any medicine or of any

means whereby the monthly periods of women canbe regulated or the menses reestablished, if sup-pressed, constitutes unprofessional conduct withinthe meaning of this chapter.

2382. Advertising, announcing or stating directly,indirectly, or in substance, by any sign, card, news-paper, advertisement or other written or printedsign or advertisement, that the holder of any cer-tificate or any other person, company, or associationby which he is employed or in whose service he is,will cure or attempt to cure, or will treat, anyvenereal disease, or will cure or attempt to cure ortreat any person or persons for any sexual disease,for lost manhood, sexual weakness, or sexual dis-


order or any disease of the sexual organs, or beingemployed by, or being in the service of, any person,firm, association, or corporation so advertising, an-nouncing or stating constitutes unprofessional con-duct within the meaning of this chapter.

2383. The conviction of a felony or of any offenseinvolving moral turpitude constitutes unprofessionalconduct within the meaning of this chapter. Therecord of the conviction is conclusive evidence ofsuch unprofessional conduct.

2384. The conviction of or cash compromise of acharge of violation of the Harrison Act regulatingnarcotics, or the conviction of a violation of thestatutes of this State, regulating narcotics, or dan-gerous drugs, constitutes unprofessional conductwithin the meaning of this chapter. The record ofthe conviction or compromise is conclusive evidenceof such unprofessional conduct.

(Amended by Stats. 1947, Ch. 1157.)2385. The adjudication of insanity by a superior

court constitutes unprofessional conduct within themeaning of this chapter. The record of the adjudi-cation, judgment or order of commitment is con-clusive evidence of such unprofessional conduct.But one whose certificate has been revoked for thiscause may apply to the board for a reinstatementof his certificate upon restoration to or declarationof sanity.

2386. The purchase, sale or barter, or offeringto purchase, sell or barter any medical degree, orany degree, diploma, certificate or transcript madeor purporting to be made, pursuant to any laws regu-lating the license and registration of physicians underthis chapter, or any preceding medical practice act,or the altering with fraudulent intent, in anymaterial regard, a diploma, certificate or transcript,or the use of any diploma, certificate or transcriptthat has been purchased, fraudulently issued, coun-terfeited or materially altered constitutes unprofes-sional conduct within the meaning of this chapter.

2387. The procuring by fraud or misrepresenta-tion of any certificate provided for in this chapter orany preceding medical practice act constitutes unpro-fessional conduct within the meaning of this chapter.

2388. The impersonation of any applicant oracting as proxy for any applicant in any examinationrequired under this chapter for a certificate consti-tutes unprofessional conduct within the meaning ofthis chapter.

2389. The impersonation of another licensedpractitioner or permitting or allowing another per-son to use his certificate in the practice of any systemor mode of treating the sick or afflicted constitutesunprofessional conduct within the meaning of thischapter.

2390. The use or prescribing for or administer-ing to himself, of cocaine, opium, morphine, codeine,heroin, alpha eueaine, beta eucaine, chloral hydrate 1or any of the salts, derivatives or compounds of theforegoing substances; or the use of paraldehyde orbarbituric acid, their salts, compounds or deriva-tives, or of any narcotic or dangerous drug regu-lated by the statutes of this State, or of alcoholicbeverages to the extent, or in such manner as to bedangerous or injurious to a person holding a cer-tificate under this chapter, or to any other person

Convictionof crimes

Insanity

Purchaseand saleof degrees

Frauds

Impersona-tions

Intemper-ance, use ofnarcotics


Narcotics

Violations

Employees

Names

Drugs ormedicalprepara-tions, etc.

Titles

or to the public, or to the extent that such useimpairs the ability of such person so holding such acertificate to conduct with safety to the public thepractice authorized by such certificate or the con-viction of more than one misdemeanor or any felonyinvolving the use, consumption or self administra-tion of any of the substances referred to in thissection or any combination thereof, constitutesunprofessional conduct within the meaning of thischapter.

(Amended by Stats. 1947, Ch. 308.)2391. Unless otherwise provided by this section,

the prescribing, selling, furnishing, giving away oradministering or offering to prescribe, sell, furnish,give away or administer any of the drugs or com-pounds mentioned in Section 2390 to a habitue oraddict constitutes unprofessional conduct within themeaning of this chapter.

If the drugs or compounds are administered orapplied by a licensed physician and surgeon of thisState or by a registered nurse acting under hisinstructions and supervision, this section shall notapply to any of the following cases:

(a) Emergency treatment of a patient whoseaddiction is complicated by the presence of incurabledisease, serious accident or injury, or the infirmitiesattendant upon age.

(b) Treatment of habitues or addicts in institu-tions approved by the board where the patient iskept under restraint and control, or in city or countyjails or State prisons.

2391.5. The violation of any of the statutes ofthis State regulating narcotics and dangerous drugs,constitutes unprofessional conduct within the mean-ing of this chapter.

(Added by Stats. 1947, Ch. 309.)2392. The employing, directly or indirectly, of

any suspended or unlicensed practitioner in thepractice of any system or mode of treating the sickor afflicted or the aiding or abetting of any unlicensedperson to practice any system or mode of treatingthe sick or afflicted constitutes unprofessional con-duct, within the meaning of this chapter.

2393. The use of any fictitious name, or any nameother than his own, by the holder of any certificatein any sign or advertisement in connection with hispractice or in any advertisement or announcementof his practice constitutes unprofessional conductwithin the meaning of this chapter.

2394. The use of drugs or what are known asmedicinal preparations by the holder of a druglesspractitioner’s certificate in or upon any human beingor the severing or penetrating of the tissues of anyhuman being by the holder of a drugless practitioner’scertificate in the treatment of any disease, injury,or deformity, or other physical or mental conditionof the human being, except the severing of theumbilical cord, constitutes unprofessional conductwithin the meaning of this chapter.

2395. The use by the holder of any certificate ofany letter, letters, word, words, or term or termseither as prefix, affix or suffix indicating that he isentitled to practice a system or mode of treating thesick or afflicted for which he is not licensed in thisState constitutes unprofessional conduct within themeaning of this chapter.

RELATING TO MEDICINE AND SURGERY 3.1

2396. Unless the holder of any certificate pro-vided for in this chapter or any preceding medicalpractice act has been granted the degree of doctorof medicine after the completion of a full course ofstudy as prescribed by an approved medical schoolin accordance with the provisions of this chapter,or any preceding medical practice act, the use of theterm or suffix “M.D.” constitutes unprofessionalconduct within the meaning of this chapter.

2397. Unless the holder of any certificate pro-vided for in this chapter or in any preceding medicalpractice act has been granted the degree of doctorof osteopathy after the completion of a full courseof study as prescribed by an approved osteopathicschool in accordance with the provisions of thischapter or any preceding medical practice act, theuse of the term or suffix “D.O.” constitutes unpro-fessional conduct within the meaning of this chapter.

2398. Unless the holder of any certificate issuedunder the provisions of this chapter or any precedingmedical practice act of this State has been grantedthe degree of doctor of surgical chiropody after thecompletion of a full course of study as prescribed byan approved school of chiropody in accordance withthe provisions of this chapter or any precedingmedical practice act, the use of the term or suffix“D.S.C.” constitutes unprofessional conduct withinthe meaning of this chapter.

2399. The employment of “cappers” or “steerers”or other persons in procuring practice for a prac-titioner of a system or mode of treating the sick orafflicted provided for in this chapter constitutesunprofessional conduct within the meaning of thischapter.

2400. The certificate to practice midwifery maybe revoked if it appears to the satisfaction of theboard that due caution and circumspection werenot used or that proper aseptic and antiseptic pre-cautions were not taken in any case that the holderof this form of certificate may have treated.

2401. The certificate to practice midwifery mayhe revoked upon conviction for the violation of anyhealth statute, order or ordinance, or for the neglector refusal to comply with the health rules and regu-lations of any State, county, city or township.

2402. The certificate to practice midwifery maybe revoked for the treatment of a complicated vertexpresentation by the holder of this form of certificatein any case of labor in which this condition occurswithout calling or attempting to call a person author-ized to practice a system, including the practice ofobstetrics, under this chapter or any precedingmedical practice act.

2403. The certificate to practice midwifery maybe revoked for failure to refer to a person authorizedunder this chapter or any preceding medical practiceact to practice a system including obstetrics, a casewhich has or develops any of the following condi-tions during pregnancy:

(a) Contracted pelvis or other deformity thatwill interfere with labor.

(b) Bleeding from the uterus.(c) Swelling of the face and hands.(d) Excessive vomiting.(e) Persistent headache.(f) Dimness of vision.(g) Convulsions.

Cappers andsteerers

Midwives;Care andcaution

Violationof laws

Treatment

Conditionsduringpregnancy


Conditionsduring labor

2404. The certificate to practice midwifery maybe revoked for failure to call or summon a physicianif any of the following conditions exist or developat the beginning of or during labor :

(a) Complicated presentation of a vertex (head),(b) Convulsions.(c) Excessive bleeding.(d) Prolapse of the cord.(e) A swelling or tumor that obstructs the birth

of the child.(f) Signs of exhaustion or of collapse.(g) Unduly prolonged labor.2405. The certificate to practice midwifery may

be revoked for failure to refer to a person authorizedunder this chapter or any preceding medical practiceact to practice a system including obstetrics, a casewhich develops any of the following conditionsduring the lying-in period :

(a) Convulsions.(b) Excessive bleeding.(c) Foul smelling discharge (lochia).(d) Persistent rise of temperature to 101 degrees

Fahrenheit for 24 hours.(e) Swelling and redness of the breasts.(f) Severe chill (rigor) with rise of temperature.(g) Inability to nurse the child.2406. The certificate to practice midwifery may

be revoked for failure to refer to a person authorizedunder this chapter or any preceding medical practiceact to practice a system including obstetrics, a casewhere the child has or develops any of the followingconditions:

(a) Deformities or malformations or injuries.(b) Inability to suckle or nurse.(c) Inflammation around or discharge from the

navel.(d) Swelling and redness of the eyelids with a

discharge of pus from the eyes (ophthalmia neona-torum).

(e) Bleeding from the mouth, navel or bowels.(f) Inability to urinate.2407. The certificate to practice midwifery may

be revoked for the treatment by the holder of thisform of certificate that is known as the introductionof the hand into the vagina or uterus to removeplacenta or membranes.

2408. The certificate to practice midwifery maybe revoked for the failure to have the followingequipment in each case:

Nail brush ; wooden or bone nail cleaner; jar ofgreen or soft castile soap ; rubber gloves; tube ofsterile vaseline ; clinical thermometer ; agate or glassdouche reservoir; two rounded vaginal douchenozzles; two rectal nozzles, large and small; onesoft rubber catheter ; blunt scissors for cutting cord ;

either lysol, carbolic acid or bichloride of mercurytablets; boric acid powder; 1 per cent solution ofnitrate of silver; medicine dropper; narrow tapeor soft twine for tying cord; and absorbent cotton(preferably in one-quarter pound packages). Noother instruments are to be used by a holder of thisform of certificate.

2409. Unless a person licensed and authorizedunder this chapter or any preceding medical practiceact to use the title “doctor” or the letters or prefix“Dr.,” holds a physician’s and surgeon’s certificate,

Conditionsduringlying-inperiod

Conditionsof child

Treatment

Equipment

Title“Doctor”


Falsecertificates

Frauds ofmedicalrecords

Penalty forviolation

Sale of cer-tificates, etc.

Alterationof certifi-cate, etc.

Practiceunder falsename

Falsestatement

the use of this title or these letters or prefix withoutfurther indicating the type of certificate he holds,constitutes unprofessional conduct within the mean-ing of this chapter.

(Added by Stats. 1939, Ch. 343.)2410. It constitutes unprofessional conduct

within the meaning of this chapter for any personholding a certificate to practice chiropody, to adver-tise the rendition of chiropodical services at a stipu-lated price, or at any variation of such a price, or asbeing free.

(Added by Stats. 1941, Ch. 121.)2411. Knowingly making or signing any certif-

icate or other document required by law, whichfalsely represents the existence or nonexistence ofa state of facts, constitutes unprofessional conductwithin the meaning of this chapter.

(Added by Stats. 1939, Ch. 342.)Article 14. Crimes and Penalties

2425. The provisions of Article 4 of Chapter 1in Division 2 of this code, relating to frauds ofmedical records, are not affected by the provisions ofthis article and, so far as any act is a crime withintheir scope, they control over the provisions of thisarticle.

2426. Unless it is otherwise expressly provided,any person, who violates any provision of thischapter, is guilty of a misdemeanor and shall bepunished by a fine of not less than one hundreddollars ($100) nor more than six hundred dollars($600) or by imprisonment for a term of not lessthan 60 days nor more than 180 days or by bothsuch fine and imprisonment.

2427. Any person is guilty of a misdemeanorwho, individually or in a representative or any othercapacity, sells or barters or offers to sell or barterany certificate authorized to be granted under thischapter or any diploma, affidavit, transcript, cer-tificate or any other evidence required in this chapterfor use in connection with the granting of certificatesor diplomas or who purchases or procures the sameeither directly or indirectly with intent that thesame will be fraudulently used.

2428. Any person is guilty of a misdemeanorwho, individually or in a representative or any othercapacity, alters, with fraudulent intent, any diploma,certificate, transcript, affidavit or any other evidenceto be used in obtaining a diploma or certificaterequired under this chapter or who uses or attemptsto use fraudulently any certificate, transcript, affi-davit or diploma, whether the same is genuine orfalse.

2429. Any person is guilty of a misdemeanorwho, individually or in a representative or any othercapacity, practices or attempts to practice anysystem or treatment of the sick or afflicted under afalse or assumed name or under any name other thanthat prescribed by the board on its certificate issuedto such person authorizing him to administer suchtreatment.

2430. Any person is guilty of a misdemeanor jwho, individually or in a representative or any other !capacity, assumes any degree or title not conferredupon him in the manner and by the authorityrecognized in this chapter with intent to represent


Display ofnames

Information

Filingcertificates

Issuance ofcertificates

Intoxication

Annual fee

falsely that he has received such degree or title orwho, individually or in a representative or any othercapacity, wilfully makes any false statement on anyapplication for examination, license or registrationunder this chapter.

2431. Any person is guilty of a misdemeanorwho, individually or in a representative or any othercapacity, engages in the treatment of the sick orafflicted without causing to be displayed in a con-spicuous manner and in a conspicuous place in hisoffice the name of each and every person who isassociated with or employed by him in the practiceof medicine and surgery or other treatment of thesick or afflicted.

2432. Any person is guilty of a misdemeanorwho, individually or in a representative or any othercapacity, fails to furnish the board with the infor-mation required by this section within 10 days aftera demand for it has been made by the secretary-treasurer, on behalf of the board.

This information shall consist of the name andaddress of all persons associated with or employedby him or by any company or association with whichhe is or has been connected at any time within 60days prior to the demand, together with a swornstatement showing under and by what license orauthority the person or persons, or the employee oremployees is or are, or has or have been practicingmedicine or surgery, or any other system of treat-ment of the sick or afflicted.

Any person upon whom the board makes a demandfor the information shall make an affidavit that thereare no person or persons associated or employed byhim, if this is the fact. The affidavit shall not beused as evidence against the person or employee inany proceedings under this section.

2433. Every person filing for record, or attempt-ing to file for record, the certificate issued to another,falsely claiming himself to be the person named inor entitled to the certificate, is guilty of a felony,and, upon conviction thereof, shall be subject tosuch penalties as are provided by the laws of thisState for the crime of forgery.

2434. Any person not a member of the board whosigns or issues or causes to be signed or issued, anycertificate authorized by this chapter, is guilty of amisdemeanor.

2435. Every physician who, in a state of intoxi-cation, does any act as such physician to anotherperson by which the life of such other person isendangered, is guilty of a misdemeanor and uponconviction thereof, shall be punished as providedin the Penal Code.

Article 15. Revenue2450. To comply with the provisions of this chap-

ter relating to the compilation, publication and saleof a directory, in addition to the fee required for thefiling of any application and the issuance of anycertificates, each person granted a certificate underthe provisions of this chapter, or any precedingmedical practice act, by the Board of MedicalExaminers, shall pay an annual tax and registra-tion fee to the secretary-treasurer on or before thefirst day of January of each year, except that aperson who is issued a certificate within 30 days


of the end of the calendar year is exempt from thepayment of the annual tax and registration fee forthe year for which such certificate is issued.

(Amended by Stats. 1947, Ch. 290.)2451. Receipt or acknowledgment of payment of

the annual tax and registration fee by the secretary-treasurer shall be evidence that the holder andpossessor of the certificate is entitled to practice theparticular system for which it was granted to himfor a period of one year from the first day of January.

2452. The failure of any person holding a cer-tificate to practice a system or mode of treating thesick or afflicted under this chapter or any precedingmedical practice act, to pay the annual tax andregistration fee during the time his certificateremains in force shall, ipso facto, work a forfeitureof his certificate after a period of 60 days from thefirst day of January of each year.

It shall not be restored except upon writtenapplication and the payment of the delinquent feerequired by this chapter. But no examination shallbe required for the reissuance of a certificate thatwas forfeited under the provisions of this section.

(Amended by Stats. 1947, Ch. 390.)2453. Notwithstanding the possession by any

certificate holder of a receipt or acknowledgment ofpayment, the certificate issued to him to practiceany system or mode of treating the sick or afflictedrecognized by this chapter or any preceding medicalpractice act may, at any time, be forfeited or re-voked for a violation of the other provisions andrequirements of this chapter.

2454. The receipts of the annual tax and regis-tration fee collected by the Board of Medical Exam-iners shall be paid into the Contingent Fund of theBoard of Medical Examiners of California.

If there is any surplus in these receipts after theexpenses of issuing the directories have been paid,the board may apply the surplus to any of the otherexpenses incurred by it under the provisions of thischapter.

2454.5. The board may charge one-half cent H4)per name for the use of its facilities by persons whoare or are not licensed under this chapter to addressmaterials which are to be sent to persons licensedunder this chapter.

(Added by Stats. 1941, Ch. 221.)2455. Unless otherwise expressly provided in this

chapter, 75 per cent of the fines imposed or for-feitures of bail collected shall be paid upon the col-lection by the proper officer of the court to the Boardof Medical Examiners.

The payment to the board shall be made withoutplacing the fine or forfeiture of bail in any special,contingent or general fund in any county, city ortownship.

The balance of 25 per cent of the fines or for-feitures of bail shall be paid to the county where thecase is pending.

2455.3. Upon filing application therefor, contain-ing such information as the board may require, andthe payment of the certificate fee, the board mayissue to any person licensed under this chapter aduplicate certificate for one previously issued or,

Receiptof fee

Delinquentfee

Revocation

Dispositionof annualtaxand registra-tion fee

Pines andforfeitures

7—89038


where there has been a change in name, anothercertificate in lieu of one previously issued.

(Added by Stats. 1941, Ch. 219.)2455.6. Upon filing application therefor and the

payment of the indorsement fee, the board mayindorse or certify the credentials of a person licensedunder this chapter.

(Added by Stats. 1941, Ch. 219.)2456. All fees earned by the board and all fines

and forfeitures of bail to which the board is entitledshall be reported at the beginning of each month,for the month preceding, to the State Controller.At the same time the entire amount of these collec-tions shall be paid into the State Treasury and shallbe credited to the Contingent Fund of the Board ofMedical Examiners.

This contingent Fund shall be for the uses of theboard and out of it shall be paid all salaries and allother expenses necessarily incurred in carrying intoeffect the provisions of this chapter.

2457. The board shall refund any taxes, penal-ties or fees collected illegally, by mistake, inadvert-ence or error. The board may expend out of itscontingent fund whatever sum may be necessaryto carry out the provisions of this section. TheState Treasurerand all other officials having custodyof the funds of the board shall upon request or direc-tion of the board pay out the refunds or approvethe payments from the contingent fund.

2457.5. Every person licensed under this chapteris exempt from the payment of the annual tax andregistration fee in any one of the following instances :

(a) While engaged in full time active service inthe medical corps of the Army, Navy or Marines orin the United States Public Health Service.

(b) While fulfilling his full time period of train-ing and active service, whether as a draftee orvolunteer, under the Selective Training and ServiceAct of 1940 and any amendments or additions theretoor acts supplementary thereof.

Every person exempted from the payment of theannual tax and registration fee by this section shallnot engage in any private practice and shall becomeliable for such tax and fee upon the completion ofhis period of full time active service and shall havea period of 60 days after becoming liable withinwhich to pay the tax and fee before the delinquentfee becomes applicable. Any person who completeshis period of full time active service within 60 daysof the end of the calendar year is exempt from thepayment of the tax and fee for that year.

(Added by Stats. 1941, Ch. 21.)2458. The amount of fees and refunds prescribed

by this chapter in connection with the certificatesissued under its provisions is that fixed by thefollowing schedule:

(a) The fee for each applicant for a certificateby written examination, unless otherwise providedin this chapter, is twenty-five dollars ($25). If theapplicant’s credentials are insufficient or if he doesnot desire to take the examination, the sum of tendollars ($10) shall be retained and the remainderof the fee is returnable on application.

(b) An applicant for a certificate based upon anational board diplomate certificate shall pay anapplication fee in the sum of ten dollars ($10) at

Report toController

Refunds

Exemptionsfromannual fee


the time his application is filed. If an applicantqualifies for a certificate, he shall be notified andshall pay the sum of ninety dollars ($90) for theissuance of a certificate.

(c) An applicant for a certificate under Article 6shall pay an application fee in the sum of ten dol-lars ($10) at the time his application is filed. If anapplicant qualifies for a certificate, he shall be noti-fied and shall pay the sum of forty dollars ($40)for the issuance of a certificate.

(d) An applicant for a reciprocity certificateshall pay an application fee in the sum of ten dol-lars ($10) at the time his application is filed. If anapplicant qualifies for a certificate, he shall be noti-fied and shall pay the sum of ninety dollars ($90)for the issuance of the certificate.

(e) The annual tax and registration fee is twodollars ($2).

(f) The delinquent fee for failure to pay theannual tax and registration fee is ten dollars ($10).

(g) The duplicate certificate fee is two dol-lars ($2).

(h) The endorsement fee is five dollars ($5).(i) The fee for issuance of a duplicate certificate

upon a change of name authorized by law of a personholding a certificate under this chapter shall be twodollars ($2).


Chapter 5.5. Registered Dispensing Opticians

Article 1. General Provisions2550. Individuals and firms filling prescriptions

of physicians and surgeons licensed by the Board ofMedical Examiners for ophthalmic lenses and kin-dred products, and, as incidental to the filling of suchprescriptions, taking facial measurements and fittingand adjusting lenses or frames, shall be known asdispensing opticians and shall not engage in suchbusiness unless registered with the Board of MedicalExaminers.

2551. Individuals and firms engaged in such busi-ness on the effective date of this act shall apply forsuch registration within 90 days from the effectivedate hereof. Thereafter, before engaging in suchbusiness application shall be made for registration.Application for such registration shall be on formsprescribed by the board, shall bear the signature ofthe individual, or individuals if a copartnership, orthe president or secretary if a corporation, and shallcontain the name under which he, they or it pro-poses to do business and the business address.Separate applications shall be made for each placeof business and each application must be accom-panied by a registration fee of fifty dollars ($50).Upon refusal or denial of a certificate upon suchapplication the board shall refund to the applicantthirty-five dollars ($35) of the application fee.

(Amended 1941, Chap. 521.)2552. Each application, to enable the board to

determine if applicant is entitled to be registeredunder this chapter, shall be verified under oath bythe person or persons required to sign the applica-tion and shall contain the matters referred to in(a) hereof and be accompanied by the affidavitsreferred to in (b) :


(a) The name, address and time, place and extentof the previous experience of each person signing theapplication and likewise of the person or personswho will have charge of or manage applicant’s gen-eral dispensing operations, and of each person hav-ing any proprietary interest in applicant who willengage in dispensing operations. The person or per-sons who will be in charge of or who will manageapplicant’s general dispensing operations and eachperson having any proprietary interest in applicantwho will engage in dispensing operations shall haveat least five (5) full years of actual experience intaking facial measurements and fitting and adjust-ing lenses or frames in an establishment or estab-lishments of a dispensing optician registered underthis chapter or of a dispensing optician engaged indispensing prior to the enactment of this chapterand thereafter registered, or who has been licensedas a dispensing optician for a period of five years inanother state.

(b) The sworn affidavits, in a form prescribed bythe board, of three (3) physicians and surgeonslicensed by the Board of Medical Examiners whospecialize in the treatment of eyes, stating and cer-tifying according to their own knowledge, that eachperson referred to in (a) has the required experi-ence, is of good moral character, and that applicantand each such person is fully competent and qualifiedto accurately fill prescriptions for ophthalmic lensesand kindred products and to take facial measure-ments and to fit and adjust lenses or frames.

Applicant shall furnish such additional informa-tion or proof, oral or written, with respect to thecompetency, qualifications and moral integrity ofapplicant and each of the foregoing persons whichthe board may request.

The board in considering any application for arenewal of a certificate may in its discretion requirefrom applicant the same information and proof withrespect to any or all of the foregoing matters.

(Amended by Stats. 1947, Ch. 580.)2553. If the board, after investigation, approves

such application and finds the applicant to be com-petent and qualified to engage in the business ofdispensing optician it shall register such applicantand issue to the applicant a certificate of dispensingoptician. If the board does not so determine it shalldeny the application. A separate certificate of regis-tration shall be required for each address where thebusiness is to be conducted. Such certificate author-izes the applicant, its agents and employees actingtherefor without further license, to engage in thebusiness defined in Section 2550 of this code. Suchcertificate of registered dispensing optician shallbe at all times displayed in a conspicuousplace at theplace of business licensed. Such certificate shall notbe transferable, but on application to the Board ofMedical Examiners and the payment of a fee offifteen dollars ($15) there may be registered achange of address of such certificate.

(Amended 1941, Chap. 521.)2553.5. No individual, firm or corporation shall

engage in the business of dispensing optician who isengaged in the manufacture or wholesale distribu-tion to dispensing opticians or optometrists of lenses,frames, optical supplies, optometric appliances or


devices or kindred products. A certificate of regis-tration shall not be issued to any such individual,firm or corporation. The provisions of this sectionshall not apply to any individual, firm, or corpora-tion engaged in such manufacture or wholesale dis-tribution and also engaged in the business of dis-pensing optician at the time this chapter becomeseffective, except that any certificate of registrationthat may be issued to such individual, firm or corpo-ration, and any and all renewals thereof shall expireon December 31, 1942, and shall not he renewedthereafter.

The grinding and edging of lenses or the assem-bling of frames or parts thereof or the insertion ofor mounting of lenses in frames shall not be con-strued as “manufacture” within the meaning of thissection.

2554. Certificates issued under this chapter shallbe valid, unless sooner suspended or revoked, forthe current year in which issued and shall expireon December 31st of such year. Certificates shallbe renewable upon application for renewal beingmade prior to January 15th of each year and thepayment of a renewal fee of twenty-five dollars($25). If application for renewal is not made byJanuary 15th an additional fee of fifteen dollars($15) shall be paid on account of delinquency inrenewal, but any such application for renewal mustbe made prior to February 15th of each year other-wise the right to do business under the provisions ofthis chapter is forfeited. All fees collected underthis chapter shall be paid into the contingent fundof the Board of Medical Examiners. The Board ofMedical Examiners may employ, subject to civilservice regulations, whatever additional clericalassistance is necessary for the administration of thischapter. All expenses incident to the operation ofthis chapter shall be paid from the revenue derivedtherefrom and no part of such expenses shall be acharge against the funds derived in connection withthe functions of the Board of Medical Examinersother than that provided in this chapter.

2555. Certificates issued hereunder may in thediscretion of the Board of Medical Examiners besuspended or revoked for incompetence in fillingprescriptions or any violations of the provisions ofthis chapter. The proceedings shall be conductedin accordance with Chapter 5 of Part 1 of Division3 of Title 2 of the Government Code, and the boardshall have all the powers granted therein.

(Amended by Stats. 1945, Ch. 896.)2556. It is unlawful to do any of the following:

To advertise at a stipulated price or any variationof such a price or as being free, the furnishing of alens, lenses, glasses or the frames and fittings thereof;to advertise any examination or treatment of theeyes in connection with the sale of eyeglasses, spec-tacles, or the parts thereof; to insert any statementin any advertising in connection with the business ofdispensing optician which is false or tends to misleadthe public ; to make use of any advertising statementof a character tending to indicate to the public anysuperiority of any particular system or type of eye-sight examination or treatment over that providedby other licensed ocular practitioners; to advertisethe furnishing of, or to furnish the services of a


refractionist, an optometrist, a physician and sur-geon ; to directly or indirectly, employ or maintainon or near the premises used for optical dispensing,a refractionist, an optometrist, a physician andsurgeon, or a practitioner of any other profession forthe purpose of any examination or treatment of theeyes; or to duplicate or change lenses without aprescription or order from a person duly licensedto issue the same.

2557. This chapter shall not affect any personlicensed as an optometrist under Chapter 7 of Divi-sion 2 of this code, or any physician and surgeonlicensed under Chapter 5 of Division 2 of this code.Such exemption shall not apply to any optometristor physician and surgeon exclusively engaged in thebusiness of filling prescriptions for physicians andsurgeons. This chapter does not prohibit the saleof goggles, sun glasses, colored glasses, or occupa-tional protective eye devices if they do not haverefractive values nor do the provisions of this chapterprohibit the sale of complete ready-to-wear eye-glasses as merchandise.

2558. Any person who violates any of the pro-visions of this chapter is guilty of a misdemeanorand, upon conviction thereof, shall be punished byimprisonment in the county jail not less than 10days nor more than one year, or by a fine of not lessthan one hundred dollars ($100) nor more than fivehundred dollars ($500) or by both such fine andimprisonment.

The Board of Medical Examiners has full powerand authority to adopt rules and regulations tocarry out the provisions of this chapter.

Sec. 2. If any section, subsection, sentence,clause or phrase of this act is for any reason heldto be unconstitutional, such decision shall not affectthe validity of the remaining portions of this act.The Legislature hereby declares that it would havepassed this act and each section, subsection, sen-tence, clause and phrase thereof, irrespective of thefact that any one or more sections, subsections,sentences, clauses or phrases be declared uncon-stitutional.


Administrative Procedure Act(Gov. Code, Title 2, Div. 3, Part 1, Chaps. 4 and 5)

Chapter 4. Rules and Regulations

Article 1. General

11370. Chapter 4 and Chapter 5 of this part ofthe Government Code constitute, and may be citedas, the Administrative Procedure Act.

(Added by Stats. 1947, Ch. 1425.)11371. In this chapter unless otherwise specifi-

cally indicated:(a) “State agency” does not include an agency in

the judicial or legislative departments of the StateGovernment.

(b) “Regulation” means every rule, regulation,order, or standard of general application or theamendment, supplement or revision of any such rule,regulation, order or standard adopted by any stateagency to implement, interpret, or make specific thelaw enforced or administered by it, or to govern itsprocedure, except one which relates only to the organ-ization or internal management of the state agency.

(c) “Order of repeal” means any resolution, orderor other official act of a state agency which expresslyrepeals a regulation in whole or in part.

(Added by Stats. 1947, Ch. 1425.)11372. “Department” as used in this chapter

means the Department of Professional and Voca-tional Standards, acting through the Division ofAdministrative Procedure.

(Added by Stats. 1947, Ch. 1425.)11373. Except as provided in Section 11409,

nothing in this chapter confers authority upon oraugments the authority of any state agency to adopt,administer, or enforce any regulation. Each regu-lation adopted, to be effective, must be within thescope of authority conferred and in accordance withstandards prescribed by other provisions of law.


Short title

Definitions

Division ofAdminis-trativeProcedure

Proviso

Article 2. Filing and Publication11380. Every state agency shall:(a) File with the Secretary of State a certified

copy of every regulation adopted by it except onewhich:

(1) Establishes or fixes rates or tariffs.(2) Relates to the use of public works, including

streets and highways, under the jurisdiction of anystate agency when the effect of such order is indicatedto the public by means of signs or signals.

(3) Is directed to a specifically named person orto a group of persons and does not apply generallythroughout the State.

(b) File with the Secretary of State a certifiedcopy of every order of repeal of a regulation requiredto be filed under subdivision (a) of this section.

(c) Deliver to the Secretary of State at the timeof filing a regulation or order of repeal two duplicatecopies of the regulation or order of repeal togetherwith a citation of the authority pursuant to whichit or any part thereof was adopted.

(Added by Stats. 1947, Oh. 1425.)

Filing


Fees 11381. No fee shall be charged by any state offi-cer or public official for the performance of anyofficial act in connection with the certification orfiling of regulations pursuant to this article.

(Added by Stats. 1947, Ch. 1425.)11382. The Secretary of State shall endorse on

each copy of each regulation or order of repeal filedwith or delivered to him, the time and date of filingand shall maintain a file of the certified copies ofregulations and orders of repeal for public inspection.The duplicate copies of every regulation or order ofrepeal delivered to the Secretary of State shall beimmediately transmitted to the department.

Endorsementby Secretaryof State

(Amended by Stats. 1947, Ch. 1425.)11382.5. Within 10 days from the receipt of

endorsed copies of a regulation or an order of repealfrom the Secretary of State, the department shallfile one copy of the regulation or the order in theoffice of the county clerk of each county in this State.

For this purpose the department may cause addi-tional copies or reproductions of each regulation ororder of repeal to be made, the cost thereof to hedetermined by the Director of Finance and paid bythe state agency which filed the regulation or orderof repeal in the manner prescribed in Section 11413.

Filing withcounty clerks

(Added by Stats. 1947, Oh. 1425.)11383. The filing of a regulation or an order of

repeal with the Secretary of State raises the rebut-table presumptions that:

Presump-tions fromfiling

(a) It was duly adopted.(b) It was duly filedand made available for public

inspection at the day and hour endorsed on it.(c) All requirements of this chapter and the

regulations of the department relative to such regu-lation have been complied with.

The courts shall take judicial notice of the con-tents of each regulation and of each order of repealduly filed.

(Amended by Stats. 1947, Ch. 1425.)Presump-tions frompublication

11384. The publication of a regulation in theCalifornia Administrative Code or Register raises arebuttable presumption that the text of the regulationas so published is the text of the regulation adopted.

The courts shall take judicial notice of the contentsof each regulation or notice of the repeal of a regu-lation printed in the California Administrative Codeor California Administrative Register.

(Amended by Stats. 1947,Chs. 1175 and 1425.)11385. With the approval of the department any

stateagency may file with the Secretary of State andthe department may publish in such manner as itbelieves proper any regulation or order of repeal ofa regulation not required by this article to be filedwith the Secretary of State.

Voluntaryfiling andpublication

(Amended by Stats. 1947,Chs. 1175 and 1425.)

Article 3. The California AdministrativeRegister and Code

11409. The department shall:Codificationand publi-cation

(a) Provide for the continuing compilation, codifi-cation and publication, with periodic supplements, ofall regulations required to be filed with the Secretaryof State, or of appropriate references to any regula-tions the printing of which the department finds tobe impractical, such as detailed schedules or forms


otherwise available to the public, or which are oflimited or particular application.

The publication of compiled regulations shall beknown as the “California Administrative Code,” andthe periodic supplements thereto shall be known asthe “California Administrative Register.”

(b) Prescribe regulations for carrying out the pro-visions of Articles 2 and 3 of this chapter. Amongother things the regulations shall provide for themanner and form in which regulations, notice of therepeal of regulations, compilations, and codificationsshall be prepared, printed, and indexed, to the endthat all regulations, compilations, and codificationsshall be prepared and published in a uniform mannerand at the earliest practicable date and that eachregulation published shall be accompanied by a ref-erence to the statutory authority pursuant to whichit was enacted.

(Added bv Stats. 1947, Ch. 1175; amended byStats. 1947, Ch. 1425.)

11409.5. The department shall supply the countyclerk of each county with a complete set of the Cali-fornia Administrative Code, and of the CaliforniaAdministrative Register, which have been or arepublished and of each supplement to such code ox-register.

(Added by Stats. 1947, Ch. 1425.)11410. The California Administrative Register

and the California Administrative Code shall be soldby the Department of Finance at such prices as willreimburse the State for all costs incurred for print-ing, publication and distribution.

All money received from the sale of the CaliforniaAdministrative Register and the California Admin-istrative Code shall be deposited in the treasury andcredited to the General Fund, except that an amountnecessary to cover the distribution costs shall becredited to the fund from which such costs have beenpaid.

(Amended by Stats. 1947, Ch. 1175.)11411. The publication date shall be determined

by the department, and all rules and regulationsthereafter filed and all rules and regulations thereto-fore filed and in effect on the publication date shallbe published.

(Amended by Stats. 1947, Chs. 1175and 1425.)11412. Nothing in this chanter limits or restricts

the discretion of the department to determine theform in which the California Administrative Code,and the California Administrative Register shall bepublished. Either or both of said publications maybe issued in such units, whether in bound volumes orin loose-leaf form, separately or in combination, atthe same or at different times, as the departmentdeems most economical and best adapted to make thecurrent regulations available to interested personsand to the public.

(Amended by Stats. 1947, Chs. 1175 and 1425.)11413. The amounts expended by the department

in compiling, codifying, indexing, printing, and pub-lishing regulations are “administrative costs” asdefined in Article 2, Chapter 3, Part 1, Division 3,Title 2 of this code, and shall be charged and paidto the credit of the General Fund at the time ortimes and in the manner provided in said Article 2.


Countyclerks toreceive codeand register

Price atwhich sold

Publicationdate

Form ofpublication

Recovery ofcodificationcost


Specialeditions

11414. Nothing in this chapter precludes anystate agency from purchasing copies of the Califor-nia Administrative Code or of the California Admin-istrative Register, or of any unit of either, nor fromprinting special editions of any such units, subjectto the approval of the Director of Finance as to theterms and conditions thereof, and to distribute thesame at the cost or at less than the cost to the agencyif it is authorized so to do by other provisions of law.

(Added by Stats. 1945, Ch. 1356.)11415. After the regulations of a state agency

have been published by the department, any subse-quent printings or reprinting of those regulationsshall be printed in the format (including the number-ing system) prescribed by the department, unless thestate agency obtains permission from the Departmentof Finance to print otherwise.

Format to beadhered to

(Amended by Stats. 1947, Chs. 1175 and 1425.)

Article 4. Procedure for Adoption of Regulations11420. It is the purpose of this article to establish

basic minimum procedural requirements for theadoption, amendment or repeal of administrativeregulations. Except as provided in Section 11421,the provisions of this article are applicable to theexercise of any quasi-legislative power conferred byany statute heretofore or hereafter enacted, butnothing in this article repeals or diminishes addi-tional requirements imposed by any such statute.The provisions of this article shall not be supersededor modified by any subsequent legislation except tothe extent that such legislation shall do so expressly.

Purpose ofarticle

(Added by Stats. 1947, Ch. 1425.)11421. (a) The provisions of this article shall

not apply to an emergency regulation adopted pur-suant to subdivision (b) of this section.

(b) If in any particular case the state agencymakes a finding that the adoption of a regulation ororder of repeal is necessary for the immediate preser-vation of the public peace, health and safety or gen-eral welfare and that notice and public procedurethereon are impracticable, unnecessary, or contraryto the public interest, the regulation or order ofrepeal may be adopted as an emergency regulation ororder of repeal.

Emergencyregulations

(Added by Stats. 1947, Ch. 1425.)Effectivedate

11422. A regulation or an order of repeal requiredto be filed with the Secretary of State shall becomeeffective on the thirtieth day after the date of filmgunless:

(a) Otherwise specifically provided by the statutepursuant to which the regulation or order of repealwas adopted, in which event it becomes effective onthe day prescribed by such statute.

(b) It is an emergency regulation or order ofrepeal adopted pursuant to subdivision (b) of Sec-tion 11421, in which case the statement shall befiled with the Secretary of State together with theemergency regulation or order of repeal, which shall,in that event only, become effective upon filing orupon any later date specified in the regulation ororder of repeal.

(c) A later date is prescribed by the state agencyin the regulation or order of repeal.



11423. At least 30 days prior to the adoption,repeal or rescission of a regulation, notice of theproposed action shall be ;

(a) Published in such newspaper of general circu-lation, trade or industry publication, as the stateagency shall prescribe.

(b) Mailed to every person who has filed a requestfor notice thereof with the state agency.

(c) In cases in which the state agency is withina state department, mailed or delivered to the direc-tor of such department.

(d) When appropriate in the judgment of thestate agency, (1) mailed to any person or group ofpersons whom the agency believes to be interested inthe proposed action and, (2) published in such addi-tional form and manner as the state agency shallprescribe.

Where the form or manner of notice is prescribedby statute in any particular case, in addition to filingand mailing notice as required herein, the noticeshall be published, posted, mailed, filed or otherwisepublicized as prescribed by that statute.

The failure to mail notice to any person as pro-vided in this section shall not invalidate any actiontaken by a state agency pursuant to this article.

(Added by Stats. 1947, Ch. 1425.)11424. The notice of proposed adoption, repeal

or rescission of a regulation shall include :

(a) A statement of the time, place and nature ofthe proceedings for adoption, repeal or rescission ofthe regulation ;

(b) Reference to the authority under which theregulation is proposed;

(c) Either the express terms or an informativesummary of the proposed regulation ;

(d) Such other matters as are prescribed bystatute applicable to the specific state agency or toany specific regulation or class of regulations.

(Added by Stats. 1947, Ch. 1425.)11425. On the date and at the time and place

designated in the notice the state agency shall affordany interested person or his duly authorized repre-sentative, or both, the opportunity to present state-ments, arguments, or contentions in writing, with orwithout opportunity to present the same orally. Thestate agency shall consider all relevant matter pre-sented to it before adopting, amending or repealingany regulation.

In any hearing under this section the state agencyor its duly authorized representative shall haveauthority to administer oaths or affirmations, andmay continue or postpone such hearing from time totime to such time and at such place as it shalldetermine.

(Added by Stats. 1947, Ch. 1425.)11426. Except where the right to petition for

adoption of a regulation is restricted by statute to adesignated group or where the form of procedure forsuch a petition is otherwise prescribed by statute,any interested person may petition a state agencyrequesting the adoption or repeal of a regulationas provided in this article. Such petition shall stateclearly and concisely;

(a) The substance or nature of the regulation,amendment, or rescission requested ;

(b) The reasons for the request;

Notice ofproposedaction

Contents ofnotice

Publicproceedings

Bight topetition


(e) Reference to the authority of the state agencyto take the action requested.

(Added by Stats. 1947, Ch. 1425.)11427. Upon receipt of a petition requesting the

adoption, amendment or repeal of a regulation pur-suant to this article, a state agency shall within 30days deny the petition in writing or schedule thematter for public hearing pursuant to Sections 11423,11424, and 11425 of this article.

Procedureon petition


Article 5. Judicial ReviewCourtreview

11440. Any interested person may obtain a judi-cial declaration as to the validity of any regulationby bringing an action for declaratory relief in thesuperior court in accordance with the provisions ofthe Code of Civil Procedure and, in addition to anyother ground which may exist, such regulation maybe declared to be invalid for a substantial failure tocomply with the provisions of this chapter or, in thecase of an emergency regulation or order of repeal,upon the ground that the findings and statement donot constitute an emergency within the provisions ofSection 11421(b).

(Added by Stats. 1947, Oh. 1425.)

Article 6. Exemptions11445. Articles 4 and 5 of this chapter shall not

apply to the Public Utilities Commission or theIndustrial Accident Commission, and Articles 2 and3 of this chapter shall apply only to the rules ofprocedure of said state agencies.


Exemptions

Chapter 5. Administrative AdjudicationDefinitions 11500. In this chapter unless the context or sub-

ject matter otherwise requires:(a) “Agency” includes the state boards, commis-

sions and officers enumerated in Section 11501 andthose to which this chapter is made applicable bylaw, except that wherever the word “agency” aloneis used the power to act may be delegated by theagency and wherever the words “agency itself” areused the power to act shall not be delegated unlessthe statutes relating to the particular agency author-ize the delegation of the agency’s power to hear anddecide.

(b) “Party” includes the agency, the respondentand any person, other than an officer or an employeeof the agency in his official capacity, who has beenallowed to appear in the proceeding.

(c) “Respondent” means any person againstwhom an accusation is filed pursuant to Section11503 or against whom a statement of issues is filedpursuant to Section 11504.

(d) “Hearing officer” means a hearing officerqualified under Section 11502.

(e) “Agency member” means any person who isa member of any agency to which this chapter isapplicable and includes any person who himselfconstitutes an agency.

(Amended by Stats. 1947, Ch. 491.)11501. (a) The procedure of any agency shall

be conducted pursuant to the provisions of this chap-ter only as to those functions to which this chapter

Applicationof chapter


is made applicable by the statutes relating to theparticular agency.

(b) The enumerated agencies referred to in Sec-tion 11500 are:

Board of Dental Examiners of California.Board of Medical Examiners of the State of Cali-

fornia.Board of Osteopathic Examiners of the State of

California.Board of Nurse Examiners of the State of Cali-

fornia.State Board of Optometry.California State Board of Pharmacy.State Department of Public Health.State Board of Public Health.Board of Examiners in Veterinary Medicine.State Board of Accountancy.California State Board of Architectural Exam-

iners.State Board of Barber Examiners.State Board of Registration for Civil Engineers.Registrar of Contractors.State Board of Cosmetology.State Board of Funeral Directors and Embalmers.Structural Pest Control Board.Yacht and Ship Brokers Commissioner.Director of Professional and Vocational Stand-

ards.Collection Agency Board.State Fire Marshal.State Mineralogist.Director of Agriculture.Labor Commissioner.Real Estate Commissioner.Commissioner of Corporations.Department of Social Welfare.Social Welfare Board.Department of Institutions.Board of Pilot Commissioners for the Bays of San

Francisco, San Pablo and Suisun.Board of Pilot Commissioners for Humboldt Bay

and Bar.Board of Pilot Commissioners for the Harbor of

San Diego.Fish and Game Commission.State Board of Education.State Board of Equalization.Insurance Commissioner.Building and Loan Commissioner.State Board of Cleaners.Board of Social Work Examiners.Board of Chiropractic Examiners.(Amended by Stats. 1947, Ch. 491.)11502. (a) The Director of the Department of

Professional and Vocational Standards has power toappoint a'staff of hearing officers for the departmentas provided in Section 110.5 of the Business and Pro-fessions Code. Any agency requiring full-time hearingofficers for the purposes of this act has power toappoint them for the particular agency. Each hearingofficer shall have been admitted to practice law inthis State for at least five years immediately preced-ing his appointment and shall possess any additionalqualifications established by the State PersonnelBoard for the particular class of position involved.

Appointmentof hearingofficers

52 COMPILATION OP CALIFORNIA LAWS

Accusation

Statementof issues

Service ofaccusation;whatincluded

(b) All persons now employed or on reemploymentlists or in the military service who, pursuant to andin accordance with the terms and provisions of theircivil service classifications and prior to the effectivedate of this act, shall have performed functionssimilar to those of a hearing officer in an agency mayact as hearing officers in the same agency and shallnot be subject to the qualifications provisions of sub-division (a).

(c) Full-time hearing officers serving pursuant toappointment under subdivision (a) shall be paid atthe rate of not less than four thousand eight hundreddollars ($4,800) per year.

(Added by Stats. 1945, Oh. 867.)11503. A hearing to determine whether a right,

authority, license or privilege should be revoked,suspended, limited or conditioned shall be initiatedby filing an accusation. The accusation shall be awritten statement of charges which shall set forthin ordinary and concise language the acts or omis-sions with which the respondent is charged, to theend that the respondent will be able to prepare hisdefense. It shall specify the statutes and rules whichthe respondent is alleged to have violated, but shallnot consist merely of charges phrased in the languageof such statutes and rules. The accusation shall beverified unless made by a public officer acting in hisofficial capacity or by an employee of the agencybefore which the proceeding is to be held. The verifi-cation may be on information and belief.

(Amended by Stats. 1947, Ch. 491.)11504. A hearing to determine whether a right,

authority, license or privilege should be granted,issued or renewed shall be initiated by filing a state-ment of issues. The statement of issues shall be awritten statement specifying the statutes and ruleswith which the respondent must show complianceby producing proof at the hearing, and in additionany particular matters which have come to the atten-tion of the initiating party and which would author-ize a denial of the agency action sought. The state-ment of issues shall be verified unless make by apublic officer acting in his official capacity or by anemployee of the agency before which the proceedingis to be held. The verification may be on informationand belief. The statement of issues shall be servedin the same manner as an accusation ; provided, that,if the hearing is held at the request of the respondent,the provisions of Sections 11505 and 11506 shall notapply and the statement of issues together with thenotice of hearing shall be delivered or mailed to theparties as provided in Section 11509.


11505. (a) Upon the filing of the accusation theagency shall serve a copy thereof on the respondentas provided in subdivision (c). The agency mayinclude with the accusation any information whichit deems appropriate, but it shall include a post cardor other form entitled Notice of Defense which,when signed by or on behalf of the respondent andreturned to the agency, will acknowledge service ofthe accusation and constitute a notice of defenseunder Section 11506. The copy of the accusation shallinclude or be accompanied by a statement thatrespondent may request a hearing by filing a notice


of defense as provided in Section 11506 within 15days after service upon him of the accusation, andthat failure to do so will constitute a waiver of hisright to a hearing.

(b) The statement to respondent shall be sub-stantially in the following form :

Unless a written request for a hearing signed byor on behalf of the person named as respondent in theaccompanying accusation is delivered or mailed tothe agency within 15 days after the accusation waspersonally served on you or mailed to you, [hereinsert name of agency] may proceed upon the accu-sation without a hearing. The request for a hearingmay be made by delivering or mailing the enclosedform entitled Notice of Defense, or by delivering ormailing a notice of defense as provided by Section11506 of the Government Code to : [here insert nameand address of agency],

(c) The accusation and all accompanying infor-mation may be sent to respondent by any meansselected by the agency. But no order adversely affect-ing the rights of the respondent shall be made by theagency in any case unless the respondent shall havebeen served personally or by registered mail as pro-vided herein, or shall have filed a notice of defense orotherwise appeared. Service may be proved in themanner authorized in civil actions. Service byregistered mail shall be effective if a statute oragency rule requires respondent to file his addresswith the agency and to notify the agency of anychange, and if a registered letter containing theaccusation and accompanying material is mailed,addressed to respondent at the latest address on filewith the agency.

(Added by Stats. 1945, Ch. 867.)11506. (a) Within 15 days after service upon him

of the accusation the respondent may file with theagency a notice of defense in which he may :

(1) Request a hearing ;

(2) Object to the accusation upon the ground thatit does not state acts or omissions upon which theagency may proceed;

(3) Object to the form of the accusation on theground that it is so indefinite or uncertain that hecan not identify the transaction or prepare hisdefense;

(4) Admit the accusation in whole or in part;(5) Present new matter by way of defense.Within the time specified respondent may file one

or more notices of defense upon any or all of thesegrounds, but all such notices shall be filed within thatperiod unless the agency in its discretion authorizesthe filing of a later notice.

(b) The respondent shall be entitled to a hearingon the merits if he files a notice of defense, and anysuch notice shall be deemed a specific denial of allparts of the accusation not expressly admitted. Fail-ure to file such notice shall constitute a waiver ofrespondent’s right to a hearing, but the agency inits discretion may nevertheless grant a hearing.Unless objection is taken as provided in subdivision(a) (3), all objections to the form of the accusationshall be deemed waived.

(c) The notice of defense shall be in writingsigned by or on behalf of the respondent and shall

Statement torespondent

Manner ofservice

Notice ofdefense


Amendedor supple-mentalaccusation

Time andplace ofhearing

Form ofnotice ofhearing

Subpenas

state his mailing address. It need not be verified orfollow any particular form.

(Added by Stats. 1945, Oh. 867.)11507. At any time before the matter is submitted

for decision the agency may file or permit the filingof an amended or supplemental accusation. Allparties shall be notified thereof. If the amended orsupplemental accusation presents new charges theagency shall afford respondent a reasonable oppor-tunity to prepare his defense thereto, but he shallnot be entitled to file a further pleading unless theagency in its discretion so orders. Any new chargesshall be deemed controverted, and any objections tothe amended or supplemental accusation may bemade orally and shall be noted in the record.

(Added by Stats. 1945, Ch. 867.)11508. The agency shall determine the time and

place of hearing. The hearing shall be held in SanFrancisco of the transaction occurred or the respond-ent resides within the First District Court ofAppeal district, in the County of Los Angeles if thetransaction occurred or the respondent resides withinthe Second or Fourth District Court of Appeal dis-tricts, and in the County of Sacramento if the trans-action occurred or the respondent resides withinthe Third District Court of Appeal district. Providedthat the agency, if the transaction occurred in adistrict other than that of respondent’s residence,may select the county appropriate for either district;the agency may select a different place nearer theplace where the transaction occurred or the respond-ent resides; or the parties by agreement may selectany place within the State.

(Added by Stats. 1945, Ch. 867.)11509. The agency shall deliver or mail a notice

of hearing to all parties at least 10 days prior to thehearing. The hearing shall not be prior to the expira-tion of the time within which the respondent isentitled to file a notice of defense.

The notice to respondent shall be substantially inthe following form but may include other informa-tion :

You are hereby notified that a hearing will be heldbefore [here insert name of agency] at [here insertplace of hearing] on the day of ,

19 , at the hour of ,upon the charges

made in the accusation served upon you. You maybe present at the hearing, may be but need not berepresented by counsel, may present any relevantevidence, and will be given full opportunity to cross-examine all witnesses testifying against you. Youare entitled to the issuance of subpenas to compelthe attendance of witnesses and the production ofbooks, documents or other things by applying to[here insert appropriate office or agency].

(Added by Stats. 1945, Ch. 867.)11510. (a) Before the hearing has commenced

the agency shall issue subpenas and subpenas ducestecum at the request of any party in accordance withthe provisions of Section 1985 of the Code of CivilProcedure. After the hearing has commenced theagency itself hearing a case or a hearing officer sit-ting alone may issue subpenas and subpenas ducestecum.


Witnessesfrom morethan 100miles

Witness feesand expenses

Depositions

Hearingofficer topreside

Powers ofhearingofficer

(b) The process issued pursuant to subdivision(a) shall extend to all parts of the State and shallbe served in accordance with the provisions of Sec-tions 1987 and 1988 of the Code of Civil Procedure.No witness shall be obliged to attend at a place out 1of the county in which he resides unless the distance Jbe less than 100 miles from his place of residence, ,except that the agency, upon affidavit of any partyshowing that the testimony of such witness is mate-rial and necessary, may indorse on the subpena anorder requiring the attendance of such witness.

(c) All witnesses appearing pursuant to subpena,other than the parties or officers or employees of theState or any political subdivision thereof, shallreceive fees, and all witnesses appearing pursuant tosubpena, except the parties, shall receive mileagein the same amount and under the same circum-stances as prescribed by law for witnesses in civilactions in a superior court. Witnesses appearingpursuant to subpena, except the parties, who attend 1hearings at points so far removed from their resi-dences as to prohibit return thereto from day to dayshall be entitled in addition to fees and mileage to aper diem compensation of $3 for expenses of subsist-ence for each day of actual attendance and for eachday necessarily occupied in traveling to and fromthe hearing. Fees, mileage and expenses of sub-sistence shall be paid by the party at whoserequestthe witness is subpenaed.

(Added by Stats. 1945, Ch. 867.)11511. On verified petition of any party, an

agency may order that the testimony of any materialwitness residing within or without the State be takenby deposition in the manner prescribed by law fordepositions in civil actions. The petition shall setforth the nature of the pending proceeding ; the nameand address of the witness whose testimony isdesired; a showing of the materiality of his testi-mony ; a showing that the witness will be unable orcan not be compelled to attend ; and shall request anorder requiring the witness to appear and testifybefore an officer named in the petition for that pur-pose. Where the witness resides outside the Stateand where the agency has ordered the taking of histestimony by deposition, the agency shall obtain anorder of court to that effect by filing a petition there-for in the superior court in Sacramento County. Theproceedings thereon shall be in accordance with theprovisions of Section 11189 of the Government Code.

(Added by Stats. 1945, Ch. 867.)11512. (a) Every hearing in a contested case

shall be presided over by a hearing officer. The agencyitself shall determine whether the hearing officer isto hear the case alone or whether the agency itself isto hear the case with the hearing officer.

(b) When the agency itself hears the case thehearing officer shall preside at the hearing, rule on theadmission and exclusion of evidence, and advise theagency on matters of law; the agency itself shallexercise all other powers relating to the conduct ofthe hearing but may delegate any or all of them to thehearing officer. When the hearing officer alone hearsa case he shall exercise all powers relating to theconduct of the hearing.


Disqualifi-cation ofhearingofficer andagencymembers

Evidencerules

Admissi-bility ofevidence

Evidence byaffidavit

(c) A hearing officer or agency member shall vol-untarily disqualify himself and withdraw from anycase in which he can not accord a fair and impartialhearing or consideration. Any party may requestthe disqualification of any hearing officer or agencymember by filing an affidavit, prior to the taking ofevidence at a hearing, stating with particularity thegrounds upon which it is claimed that a fair andimpartial hearing can not be accorded. Where therequest concerns an agency member the issue shallbe determined by the other members of the agency.Where the request concerns the hearing officer theissue shall be determined by the agency itself if theagency itself hears the case with the hearing officer,otherwise the issue shall be determined by the hear-ing officer. No agency member shall withdraw vol-untarily or be subject to disqualification if his dis-qualification would prevent the existence of a quorumqualified to act in the particular case.

(d) The proceedings at the hearing shall bereported by a phonographic reporter.

(Added by Stats. 1945, Ch. 867.)11513. (a) Oral evidence shall be taken only on

oath or affirmation.(b) Each party shall have these rights: to call

and examine witnesses; to introduce exhibits; tocross-examine opposing witnesses on any matterrelevant to the issues even though that matter wasnot covered in the direct examination ; to impeachany witness regardless of which party first calledhim to testify ; and to rebut the evidence against him.If respondent does not testify in his own behalf hemay be called and examined as if under cross-exam-ination.

(c) The hearing need not be conducted accordingto technical rules relating to evidence and witnesses.Any relevant evidence shall be admitted if it is thesort of evidence on which responsible persons areaccustomed to rely in the conduct of serious affairs,regardless of the existence of any common law orstatutory rule which might make improper theadmission of such evidence over objection in civilactions. Hearsay evidence may be used for the pur-pose of supplementing or explaining any direct evi-dence but shall not be sufficient in itself to supporta finding unless it would be admissible over objec-tion in civil actions. The rules of privilege shall beeffective to the same extent that they are now orhereafter may be recognized in civil actions, andirrelevant and unduly repetitious evidence shall beexcluded.

(Added by Stats. 1945, Ch. 867.)11514. (a) At any time 10 or more days prior

to a hearing or a continued hearing, any party maymail or deliver to the opposing party a copy of anyaffidavit which he proposes to introduce in evidence,together with a notice as provided in subdivision (b).Unless the opposing party, within seven days aftersuch mailing or delivery, mails or delivers to theproponent a request to cross-examine an affiant, hisright to cross-examine such affiant is waived andthe affidavit, if introduced in evidence, shall be giventhe same effect as if the affiant had testified orally.If an opportunity to cross-examine an affiant is notafforded after request therefor is made as hereinprovided, the affidavit may be introduced in evidence,


but shall be given only the same effect as other hear-say evidence.

(b) The notice referred to in subdivision (a)shall be substantially in the following form:

The accompanying affidavit of (here insert nameof affiant) will be introduced as evidence at thehearing in (here insert title of proceeding). (Hereinsert name of affiant) will not be called to testifyorally and you will not be entitled to question himunless you notify (here insert name of proponent orhis attorney) at (here insert address) that youwish to cross-examine him. To be effective yourrequest must be mailed or delivered to (here insertname of proponent or his attorney) on or before(here insert a date seven days after the date of mail-ing or delivering the affidavit to the opposing party).

(Added by Stats. 1945, Ch. 867 ; repealed and re-enacted by Stats. 1947, Ch. 491.)

11515. In reaching a decision official notice maybe taken, either before or after submission of thecase for decision, of any generally accepted tech-nical or scientific matter within the agency’s specialfield, and of any fact which may be judicially noticedby the courts of this State. Parties present at thehearing shall be informed of the matters to benoticed, and those matters shall be noted in therecord, referred to therein, or appended thereto. Anysuch party shall be given a reasonable opportunityon request to refute the officially noticed matters byevidence or by written or oral presentation of author-ity, the manner of such refutation to be determinedby the agency.

(Added by Stats. 1945, Ch. 867.)11516. The agency may order amendment of the

accusation after submission of the case for decision.Each party shall be given notice of the intendedamendment and opportunity to show that he will beprejudiced thereby unless the case is reopened topermit the introduction of additional evidence in hisbehalf. If such prejudice is shown the agency shallreopen the case to permit the introduction of addi-tional evidence.

(Added by Stats. 1945, Ch. 867.)11517. (a) If a contested case is heard before

an agency itself the hearing officer who presided atthe hearing shall be present during the considerationof the case and if requested, shall assist and advisethe agency. Where a contested case is heard beforean agency itself, no member thereof who did nothear the evidence shall vote on the decision.

(b) If a contested case is heard by a hearingofficer alone, he shall prepare a proposed decisionin such form that it may be adopted as the decisionin the case. A copy of the proposed decision shall befiled by the agency as a public record. The agencyitself may adopt the proposed decision in its entirety,or may reduce the proposed penalty and adopt thebalance of the proposed decision.

(c) If the proposed decision is not adopted asprovided in subdivision (b) each party shall befurnished with a copy of the proposed decision. Theagency itself may decide the case upon the record,including the transcript, with or without takingadditional evidence, or may refer the case to the sameor another hearing officer to take additional evidence.If the case is so assigned to a hearing officer he shall

Officialnotice

Amendmentof accusationafter sub-mission

Decision

Adoption ofproposeddecision ofhearingofficer

Procedureupon failureto adoptproposeddecision


Form ofdecision

Effectivedate ofdecision

Defaults

Recon-sideration

prepare a proposed decision as provided in sub-division (b) upon the additional evidence and thetranscript and other papers which are part of therecord of the prior hearing. A copy of such proposeddecision shall be furnished to each party. The agencyitself shall decide no case provided for in this sub-division without affording the parties the opportunityto present either oral or written argument before theagency itself. If additional oral evidence is intro-duced before the agency itself no agency membermay vote unless he heard the additional oral evi-dence.

(Added by Stats. 1945,Ch. 8G7.)11518. The decision shall be in writing and shall

contain findings of fact, a determination of theissues presented and the penalty, if any. The findingsmay be stated in the language of the pleadings or byreference thereto. Copies of the decision shall bedelivered to the parties personally or sent to themby registered mail.

(Amended by Stats. 1947, Ch. 491.)11519. The decision shall become effective 30

days after it is delivered or mailed to respondentunless : a reconsideration is ordered within that time,or the agency itself orders that the decision shallbecome effective sooner, or a stay of execution isgranted. A stay of execution may be included in thedecision or if not included therein may be grantedby the agency at any time before the decision becomeseffective.

If respondent was required to register with anypublic officer, a notification of any suspension orrevocation shall be sent to such officer after thedecision has become effective.

(Added by Stats. 1945, Ch. 867.)11520. If the respondent fails to file a notice of

defense or to appear at the hearing, the agency itselfmay take action based upon the respondent’s expressadmissions or upon other evidence and affidavitsmay be used as evidence without any notice torespondent; and where the burden of proof is onthe respondent to establish that he is entitled to theagency action sought, the agency may act withouttaking evidence. Nothing herein shall be construedto deprive the respondent of the right to make anyshowing by way of mitigation.

(Amended by Stats. 1947, Ch. 491.)11521. (a) The agency itself may order a recon-

sideration of all or part of the case on its ownmotion or on petition of any party. The power toorder a reconsideration shall expire 30 days afterthe delivery or mailing of a decision to respondent,or on the date set by the agency itself as the effectivedate of the decision if such date occurs prior to theexpiration of the 30-day period. If no action is takenon a petition within the time allowed for orderingreconsideration the petition shall be deemed denied.

(b) The case may be reconsidered by the agencyitself on all the pertinent parts of the record andsuch additional evidence and argument as may bepermitted or may be assigned to a hearing officer. Areconsideration assigned to a hearing officer shall besubject to the procedure provided in Section 11517.If oral evidence is introduced before the agency itself


no agency member may vote unless he heard theevidence.

(Added by Stats. 1945, Ch. 867.)11522. A person whose license has been revoked

or suspended may petition the agency for reinstate-ment or reduction of penalty after a period of notless than one year has elapsed from the effective dateof the decision or from the date of the denial of asimilar petition. The agency shall give notice to theAttorney General of the filing of the petition andthe Attorney General and the petitioner shall beafforded an opportunity to present either oral orwritten argument before the agency itself. Theagency itself shall decide the petition, and the deci-sion shall include the reasons therefor. This sectionshall not apply if the statutes dealing with the par-ticular agency contain different provisions for rein-statement or reduction of penalty.

Petition forreinstate-ment orreductionof penalty

(Added by Stats. 1945, Ch. 867.)11523. Judicial review may be had by filing a

petition for a writ of mandate in accordance withthe provisions of the Code of Civil Procedure. Exceptas otherwise provided in this section any such peti-tion shall be filed within 30 days after the last dayon which reconsideration can be ordered. The rightto petition shall not be affected by the failure toseek reconsideration before the agency. The completerecord of the proceedings, or such parts thereof asare designated by the petitioner, shall be preparedby the agency and shall be delivered to petitioner,within 30 days after a request therefor by him, uponthe payment of the expense of preparation and cer-tification thereof. The complete record includes thepleadings, all notices and orders issued by theagency, any proposed decision by a hearing officer,the final decision, a transcript of all proceedings, theexhibits admitted or rejected, the written evidenceand any other papers in the case. Where petitioner,within 10 days after the last day on which recon-sideration can be ordered, requests the agency toprepare all or any part of the record the time withinwhich a petition may be filed shall be extended untilfive days after its delivery to him. The agency mayfile with the court the original of any document inthe record in lieu of a copy thereof.

Judicialreview

(Amended by Stats. 1047, Chap. 491.)11524. The agency may grant continuances at

any stage of the proceedings.(Added by Stats. 1945, Ch. 867.)

Continuance

11525. If any person in proceedings before anagency disobeys or resists any lawful order or refusesto respond to a subpena, or refuses to take the oathor affirmation as a witness or thereafter refuses tobe examined, or is guilty of misconduct during ahearing or so near the place thereof as to obstructthe proceeding, the agency shall certify the facts tothe superior court in and for the county where theproceedings are held. The court shall thereuponissue an order directing the person to appear beforethe court and show cause why he should not be pun-ished as for contempt. The order and a copy of thecertified statement shall be served on the person.Thereafter the court shall have jurisdiction of thematter. The same proceedings shall be had, the samepenalties may be imposed and the person charged

Contempt


Mail vote

Charge

Power toadministeroaths

may purge himself of the contempt in the same way,as in the case of a person who has committed a con-tempt in the trial of a civil action before a superiorcourt.

(Added by Stats. 1945, Ch. 867.)11526. The members of an agency qualified to

vote on any question may vote by mail.(Added by Stats. 1945, Ch. 867.)11527. Any sums authorized to be expended

under this chapter by any agency shall be a legalcharge against the funds of the agency.

(Added by Stats. 1945, Ch. 867.)11528. In any proceedings under this chapter

any agency, agency member, secretary of an agencyor hearing officer has power to administer oaths andaffirmations and to certify to official acts.


II. Judicial Review Procedure(Stats. 1945, Ch. 868)

Code of Civil Procedure, Section 1094.51094.5. (a) Where the writ is issued for the

purpose of inquiring into the validity of any finaladministrative order or decision made as the resultof a proceeding in which by law a hearing is requiredto be given, evidence is required to be taken anddiscretion in the determination of facts is vestedin the inferior tribunal, corporation, board or officer,the case shall be heard by the court sitting without ajury. All or part of the record of the proceedingsbefore the inferior tribunal, corporation, board orofficer may be filed with the petition, may be filedwith respondent’s points and authorities or may beordered to be filed by the court. If the expenseof preparing all or any part of the record has beenborne by the prevailing party, such expense shallbe taxable as costs.

(b) The inquiry in such a case shall extend to thequestions whether the respondent has proceededwithout, or in excess of jurisdiction ; whether therewas a fair trial; and whether there was anyprejudicial abuse of discretion. Abuse of discretionis established if the respondent has not proceededin the manner required by law, the order or decisionis not supported by the findings, or the findings arenot supported by the evidence.

(c) Where it is claimed that the findings are notsupported by the evidence, in cases in which thecourt is authorized by law to exercise its independentjudgment on the evidence, abuse of discretion isestablished if the court determines that the findingsare not supported by the weight of the evidence;and in all other cases abuse of discretion is estab-lished if the court determines that the findings arenot supported by substantial evidence in the lightof the whole record.

(d) Where the court finds that there is relevantevidence which, in the exercise of reasonable dili-gence, could not have been produced or which wasimproperly excluded at the hearing before respond-ent, it may enter judgment as provided in subdivision(e) of this section remanding the case to be recon-sidered in the light of such evidence; or, in cases in


which the court is authorized by law to exercise itsindependent judgment on the evidence, the courtmay admit such evidence at the hearing on the writwithout remanding the ease.

(e) The court shall enter judgment either com-manding respondent to set aside the order or decision,or denying the writ. Where the judgment com-mands that the order or decision be set aside, it mayorder the reconsideration of the case in the lightof the court’s opinion and judgment and may orderrespondent to take such further action as is speciallyenjoined upon it by law but the judgment shall notlimit or control in any way the discretion legallyvested in the respondent.

(f) The court in which proceedings under thissection are instituted may stay the operation ofthe administrative order or decision pending thejudgment of the court, provided that no such stayshall be imposed or continued if the court is satisfiedthat it is against the public interest. If an appealis taken from a denial of the writ, the order ordecision of the agency shall not be stayed exceptupon the order of the court to which such appealis taken. If an appeal is taken from the grantingof the writ, the order or decision of the agency isstayed pending the determination of the appealunless the court to which such appeal is taken shallotherwise order. Where any final administrativeorder or decision is the subject of proceedings underthis section, if the petition shall have been filed whilethe penalty imposed is in full force and effect, thedetermination shall not be considered to have becomemoot in cases where the penalty imposed by theadministrative agency has been completed or com-plied with during the pendency of such proceedings.

III. Division of AdministrativeProcedure

(Stats. 1945, Ch. 869)Business and Professions Code, Sections

110.5,110.6110.5. The department shall maintain a staff of

hearing officers qualified under Section 11502 of theGovernment Code, who, together with any additionalemployees assigned for that purpose, shall constitutethe Division of Administrative Procedure. The de-partment may employ hearing officers on a perma-nent, part-time or intermittent basis and shall main-tain a staff which is sufficient to fill the needs ofthe various State agencies. Upon request from anyagency the director shall assign a hearing officerfor any proceeding arising under Chapter 5 ofPart 1 of Division 3 of Title 2 of the GovernmentCode, but such person shall be deemed an employeeof the department and not of the agency to whichhe is assigned. Upon assignment such persons maybe temporarily transferred for payroll purposes onlyto the agency to which they are assigned or they maybe retained as employees of the department and theagency to which they are assigned charged pursuantto Chapter 3 of Part 1 of Division 3 of Title 2 ofthe Government Code with the cost of the services,including the salary and provisions for retirement,


vacation and sick leave. When not engaged inhearing cases, hearing officers may be assigned bythe director to perform other duties vested in thedepartment, including those provided for in Sec-tion 110.6.

110.6. The department is authorized and directed,through its division of administrative procedure,to study the subject of administrative law and pro-cedure in all its aspects; to submit its suggestionsto the various agencies in the interests of fairness,uniformity and the expedition of business; and toreport its recommendations to the Governor andLegislature at the commencement of each regularsession. All departments, agencies, officers andemployees of the State shall give the departmentready access to their records and full informationand reasonable assistance in any matter of researchrequiring recourse to them or to data within theirknowledge or control.

IV. Reinstatement of Licensesof Veterans

(Amended Stats. 1945, Ch. 1195)

114. Notwithstanding any other provisions inthis code, any person holding a valid unexpiredlicense issued by any board, commission, or bureauin the department, who enters any branch of thearmed services of the United States in time of waror during a national emergency, shall not be requiredto renew such license at any time while exclusivelyengaged in such service.

A licensee, having availed himself of the provisionsof this section, shall apply for the renewal of hislicense immediately upon reentry into the privatepractice of his profession or vocation, and in no caseshall application for renewal of a license be madelater than one year from date of discharge fromactive service or return to inactive military status.The licensee applying for renewal of his license at atime more than one year from date of discharge orreturn to inactive military status may be subjectedto re-examination or to the payment of penalties asprescribed in this code or both.

For the purposes of this section, time spent bya licensee in receiving treatment or hospitalizationin any Veterans’ Facility during which he is pre-vented from practicing his profession or vocationshall be excluded from said period of one year.


Rules and Regulationsof

The Board of Medical ExaminersContained in

The California Administrative CodeTitle 16, Subchapter 13

Chapter 13. Board of Medical ExaminersArticle1. General Provisions2. Applications3. Education4. Reciprocity5. Examinations6. Foreign Medical School Graduates7. Hospitals8. Certificates and Change of Name9. Modification of Probation and Restoration of Revoked

Certificates10. Schools and Colleges11. Chiropodists

Article 1. General Provisions1300. Location of Offices. The principal office of the

Board of Medical Examiners is located at 536 Business andProfessions Building, 1020 N Street, Sacramento 14, Cali-fornia, and branch offices of the Board are located at:

(a) 907 California State Building, Los Angeles 12, Cali-fornia

(b) 515 Van Ness Avenue, San Francisco 2, CaliforniaNote—§§1300 to 1369, inclusive, issued under authority con-

tained in Section 2119 of the Business and Professions Code.Source of §§1300 to 1369, inclusive, is the Rules and Regula-tions of the State Board of Medical Examiners.

1301. Tenses, Gender, and Number. For the purpose ofthe rules and regulations contained in this subchapter, thepresent tense includes the past and future tenses, and thefuture, the present; the masculine gender includes the fem-inine, and the feminine, the masculine; and the singularincludes the plural, and the plural, the singular.*t

1302. Definitions. For the purpose of the rules and regu-lations contained in this subchapter, the term “Board” meansthe Board of Medical Examiners and the term “Code” meansthe Business and Professions Code.*t

1303. Delegation of Certain Functions. The power anddiscretion conferred by law upon the Board to receive and fileaccusations ; issue notices of hearing, statements to respondentand statements of issues; receive and file notices of defense;determine the time and place of hearings under Section 11508of the Government Code, issue subpenas and subpenas ducestecum, set and calendar cases for hearing and perform other

*! For statutory and source citations, see note to §1300.


functions necessary to the business-like dispatch of the busi-ness of the Board in connection with proceedings under theprovisions of Section 11500 through 11528 of the GovernmentCode, prior to the hearing of such proceedings; and the certi-fication of decisions of the Board and delivery or mailing ofcopies of such decisions pursuant to Section 11518 of saidGovernment Code and pursuant to the code are hereby dele-gated to and conferred upon the secretary-treasurer or, in hisabsence from the office of the Board, the assistant secretary.*!

In addition, the power conferred by law upon the Board toissue subpenas and subpenas duces tecum is hereby furtherdelegated and conferred upon the Board Member in chargeof the Los Angeles Office and the San Francisco Office and toJoseph Williams and Bydie Woodruff, Special Agents of theBoard.

1304. Filing of Addresses by Licensees. Each personholding a certificate of registration, license, permit or any otherauthority to practice any of the healing arts under any andall laws administered by the Board is hereby directed andrequired to file with this Board his proper and current mailingaddress and to report immediately to the Board at its Sacra-mento office any and all changes of addresses, giving both hisold and his new address.*t

Article 2. Applications

1308. Applications and Refund of Fees, (a) An appli-cation shall be denied without prejudice and a refund of theapplication fee will be made, when in the discretion of theBoard, an applicant does not exercise due diligence in thecompletion of his application or in reporting for examination.

(b) An applicant for written or oral examination, who,without a reason satisfactory to the Board, permits fourexaminations to elapse without reporting for examination, willbe refunded whatever fee is due under Section 2458 of thecode. Should such applicant subsequently decide to appear forexamination, he will be required to file the full application feerequired by statute.

(c) When an application fee has been refunded on requestthe applicant must pay the full fee upon filing a subsequentapplication or subsequently requesting that his application bereconsidered.

(d) When an applicant receives a notice on which appearthe words ‘‘Referred to Board,” he will be required to appearbefore the Board on the first day of the meeting and at suchtime as can be arranged suiting the convenience of the Board,for a discussion of the credentials he has filed in connectionwith his application.*!

1309. Accompanying Photograph of Diploma. (a) Aphotographic copy of his diploma, in lieu of the original, maybe furnished by the applicant for permanent filing with theBoard. This photographic copy will be accepted in lieu ofpresentation of the diploma itself.

(b) In the case where the diploma has been lost and themedical college which issued the original diploma has beenclosed, a certification of the records made by the executive offi-cer of the medical examining board of the state in which he waslicensed, giving the date appearing on the diploma, will beaccepted when duly signed and sealed.*!

1310. Evidence of Good Moral Character. Certificatesof good moral character presented on any application will beacceptable only when signed by individuals licensed to practice

For statutory and source citations, see note to §1300.


the particular system of the healing art followed by the appli-cant, excepting in the instance of registered dispensingopticians and midwives.*f

1311. Government Credentials. An applicant basing hisapplication upon a commission as a medical officer of the Medi-cal Corps of the United States Army, Navy or Public HealthService must file a copy of therecord of the proceedings result-ing in such commission, officially certified or authenticated bythe officer in charge, showing the nature and scope of the exam-ination qualifying him for such commission, including the num-ber of subjects covered by his examination, the number ofquestions given in each subject, and whether the examinationwas oral or written.*!

1312. Hearings on Applications. An applicant for exami-nation or license whose credentials indicate ineligibility asfound by the credentials committee and the Board will notbe given a hearing before the Board except in the cases inwhich such hearings are provided for in the Government Codeand such applicant has filed a formal petition upon groundsrecognized by said Government Code and sufficient in formand statement of grounds to support such a hearing; suchhearing will be restricted to the issues properly presented bysuch petition.*t

Article 8. Education

1314. Preliminary Education, (a) The statutory pre-liminary education requirement of “a California high schoolor its equivalent” may be satisfied, in the absence of adiploma, by a certificate of preliminary education issued byan approved educational institution of higher grade.

(b) The “equivalent” in every instance must be determinedby the validating officer appointed by the Board. The valida-tion certificate issued by him must bear a date prior to theapplicant’s matriculation date in any school approved by theBoard. A copy of such validation certificate must be filedwith the Board as well as with the school.

(c) No student may be matriculated in any school approvedby the Board, unless he is the holder of :

(1) A California four-year high school diploma;(2) A high school diploma issued by an out-of-state

institution, which maintained at least an equal standard,in which event the matriculant must possess in additiona validation certificate issued by the validation officerappointed by this Board; or

(3) A degree granted by an approved higher gradeeducational institution.

(d) No student may be matriculated in an approved school,seeking to qualify its graduates for a certificate under theBusiness and Professions Code, at a date later than one weekimmediately following the advertised date of opening or com-mencing of a specific semester in said school.

(e) The provision in Section 2170 (d) of the code whichstates that an applicant who is thirty (80) or more years ofage may show “training power,” etc., is interpreted to meanthat the individual must be thirty (30) years of age at dateof matriculation. The age must be determined by verified copiesof baptismal records, or in lieu thereof by affidavit of one orboth parents. No matriculation shall be made in approveddrugless or chiropody schools unless both the matriculant andthe school be in possession of a validation certificate issued bythe Validation Officer.



(f) The Board will not approve an institution wherein anight course is conducted as a part of the regular curriculum.

(g) Advanced standing will not be sanctioned unless in theinstance of a student coming from a school approved by theBoard and then only where such student has made a passinggrade in all subjects in each course during the term of hisstudy in the school from which he seeks such advancedstanding*!

1315. Pre-medical Education, (a) The course of oneyear of college grade in the subjects of chemistry, physics andbiology must be given separate and apart from the professionalcourse prescribed in the law, and shall be pursued in a schoolor teaching institution of known repute, approved by theBoard.

(b) Schools giving pre-medical courses in physics, chemistryand biology to students during the identical period when thestudent is taking his regular course in the study of medicineand surgery will not be approved by the Board.

(c) The holder of a drugless practitioner’s certificate, wholater expects to qualify for a physician and surgeon’s certifi-cate, must submit satisfactory documentary evidence that priorto commencing the study of medicine he completed a course ofcollege grade in the subjects of chemistry, physics and biologyand thereafter completed, in a school approved by the Board,the physician and surgeon’s course set forth in the code. Failureto satisfy this requirement will necessitate completion of thepre-medical course as set forth in the code, to be thereafterfollowed by a full course of instruction in a school approvedby the board as qualifying applicants for a physician and sur-geon’s certificate. *t

Article 4. Reciprocity

1319. Reciprocity Applications, (a) Endorsement ofgood moral character must be completed by two reputable andlicensed physicians in the state wherein the applicant lastpracticed. These endorsers must hold the same kind of a licenseor certificate as that held by the applicant.

(b) When the examining board which issued the licenseused as the basis of application, is unable to furnish the gradesobtained in individual subjects of examination, the applicantmust file his affidavit that he did not fall below 60 percent inmore than one subject of said written examination.

(c) Credentials based on an examination and a licenseissued by a state licensing board of any state when the appli-cant already holds a physician and surgeon’s license issued bythe same state, will not be accepted as the basis of a reciprocityapplication.*!

1320. Identification, (a) An officer in active service inthe Medical Corps, United States Army, Navy, Marine orPublic Health Service, who files an application for a Californialicense, may be identified by having his superior officer dateand sign the identification photograph, designating under hissignature the rank of such superior officer.

(b) Identification of a reciprocity applicant shall be madeby the applicant’s personally presenting a recent photographof himself to the secretary or executive officer of the medicallicensing board of the state wherein said applicant is located.After the applicant has signed his name in full across the faceof the photograph, said secretary or executive officer willcertify on the back of said photograph that it is a true likeness.He will then sign and date said identification photograph andaffix thereon his official seal.

*t For statutory and source citations, see note to §1300


(c) Any member of the Board may follow a similar pro-cedure in identifying an applicant when such applicant displaysa letter from the office of the Board at Sacramento, whichnotifies said applicant that the credentials committee hasrecommended that a direct reciprocity certificate be issued tohim, pending identification. The applicant will then forwardsuch identification photograph to the Board office in Sacra-mento, with instructions as to where his California certificate,when issued, is to be sent.

(d) In the matter of procedure in the identification of anapplicant filing on National Board credentials, the same ruleshall apply as now in force for a reciprocity applicant, i.e., hemay be identified in accordance with the procedure set forthherein under identification by the secretary of the medicallicensing board of the state in which he resides or identifica-tion by a member of the Board of Medical Examiners of theState of California, as set forth in the instance of reciprocityapplicants.*t

1321. Endorsement of Credentials to Another State.(a) Any application filed by a licentiate of this Board forcertification or endorsement of credentials to another statemedical examining board for the purpose of reciprocity regis-tration shall be accompanied by a photograph of the applicanttaken within sixty (60) days and said photographbe certifiedbefore a notary public on Board’s Form 41-A, affixed to thereverse side thereof, and will be retained in our files, in theevent no photograph is attached to the application.

(b) No endorsement will be made unless the applicant hassigned in affidavit form the application he has forwarded theCalifornia Board for endorsement. The statutory endorsementfee of five dollars ($5) must accompany each request forendorsement.*!

Article 5. Examination

1325. Examinations—Written, (a) The applicant willcopy the question from the examination question sheet andfollow it with his answer.

(b) Anyone cheating will be ousted from the examinationand further examination will be denied him for a period of atleast one year thereafter.

(c) Each applicant is absolutely forbidden to place anyidentification marks on or in any of his tablets or to revealhis examination number to any examiner, or to any otherperson. A violation of this rule will be penalized in the discre-tion of the Board.

(d) A member or an employee of the Board shall notfurnish the applicant for examination with names or addressesof organizations offering coaching courses for state Boardexaminations, and shall not furnish to coaching schools orindividuals engaged in coaching for state Board examination,or other unauthorized persons, the names and addresses ofprospective applicants who have or have not failed in anyexamination given by this Board.

(e) The first subject of examination of the first day of eachspecific meeting shall he taken by all classes of applicants.

(f) Two hours are allowed to complete the written exam-ination in each subject.

(g) Only the first 10 answers of each paper will be graded.(h) Each applicant will answer any 10 of the 12 questions

propounded for the class of certificate for which he applies.His examination paper shall be graded or marked on the first10 answers in his tablet. The question shall be written first,followed by the answer.

*t For statutory and source citations, see note to §1300.


(i) No applicant expecting to return will be permitted toleave the examination room within an interval of at leastthirty (30) minutes after the distribution of the questionsheets. A watcher will accompany any examinee who finds itnecessary to leave the room during the progress of the exam-ination, unless he has completed the examination and depositshis examination paper on his way out.

(j) No applicant will be permitted to have on the table,whereon he is writing his examination, any paper or objectother than the examination question sheet, the examinationtablet, a blotter furnished by the Board, pen and ink, eraserand watch. Women’s handbags, etc., must not be on the writingtable. All books, parcels, etc., must be deposited by the appli-cant at the door of the examination room.

(k) An applicant will not be permitted to hold communi-cation, verbal or otherwise, with other applicants or other per-sons, while the examination is in progress. Any disturbanceon the part of an applicant will disqualify said applicant andhe will be required to leave the examination room.

(l) No results of any examination, whether oral or written,will be released until the applicant has completed his applica-tion to the satisfaction of the Board and furnished all the datarequired by law and by the rules of the Board.* t

1323. Review of Examination Papers, (a) No review ofexamination papers will be held except at the next regularmeeting following the tiling of a request for same.

(b) A request for review must be filed with the Board inSacramento at least two (2) weeks prior to the next regularmeeting following the examination in which the applicantfailed.

(c) No examination paper will be reviewed by the Boardif the applicant has received a general average of less than74-5/9 percent or received less than GO percent in more thanone subject.

(d) When a request for review has been filed by an appli-cant who has been given a general average of 74-5/9 percentand has not received less than 60 percent in more than onesubject, the requested review of his examination shall be con-ducted by the nine examiners at the next regular meeting ofthe Board.*t •

1327. Failure in Two Oral Examinations. An applicantfailing in two (2) oral examinations within any twelve (12)months’ period shall not be admitted to a third oral examina-tion until a period of one (1) year has elapsed from the dateof the second failure.*!

Article 6. Foreign Medical School Graduates1330. Requirements of Foreign Medical School Gradu-

ates. (a) A graduate of an approved foreign medical schoolwho has filed with the Board on or before March 31, 1941, theBoard’s Form 172-173, duly completed, or in lieu thereof,who presents evidence satisfactory to the Board that on orbefore March 31, 1941, such applicant had been accepted asan intern by a hospital approved by the Board for the trainingof interns, said internship to commence not later than January1, 1942, shall be deemed to have registered as an intern withinthe meaning of Statutes 1941, Chapter 751, and shall, uponcomplying with the other requirements of law, be admitted towritten examination.

(b) An applicant seeking to qualify under the latter of theabove-mentioned alternative methods, shall furnish to the



Board either originals or photostatic copies of all corres-pondence, contracts and other documents between the appli-cant and the hospital, establishing the fact of acceptance bysaid hospital.

(c) The requirements of Section 2193 (d) of the code shallbe deemed to have been met by the applicant therein referredto, only if the senior or fourth year is completed in one (1)approved medical school in the United States, or when the oneyear’s rotating internship exacted of foreign medical schoolgraduates has been completed in one (1) hospital located inthe United States and approved by the Board for the trainingof interns.

(d) The following hospitals, and no others, are herebyapproved by this Board for the training of interns in accor-dance with Section 2193 of the code, namely :

Home of Hospital LocationSan Joaquin General Hospital French CampGeneral Hospital of Fresno Comity FresnoGlendale Sanitarium and Hospital GlendaleFoma Linda Sanitarium and Hospital Loma LindaCalifornia Hospital Los AngelesCedars of Lebanon Hospital Los AngelesHospital of the Good Samaritan Los AngelesPresbyterian Hospital—Olmsted Memorial Los AngelesLos Angeles County Hospital Los AngelesQueen of Angels Hospital Los AngelesSt. Vincent's Hospital Los AngelesSanta Fe Coast Lines Hospital Los AngelesWhite Memorial Hospital., Los AngelesHighland-Alameda County Hospital OaklandPermanente Foundation Hospital OaklandOrange County General Hospital OrangeCollis P. and Howard Huntington Memorial

Hospital PasadenaSacramento County Hospital SacramentoSan Bernardino County Charity

Hospital San BernardinoSan Diego County General Hospital San DiegoChildren’s Hospital San FranciscoFranklin Hospital San FranciscoFrench Hospital San FranciscoMary’s Help Hospital San FranciscoMount Zion Hospital _San FranciscoSt. Joseph’s Hospital San FranciscoSt. Luke’s Hospital San FranciscoSt. Mary’s Hospital San FranciscoSan Francisco Hospital San FranciscoSouthern Pacific General Hospital San FranciscoUnited States Marine Hospital San FranciscoSanta Clara County Hospital San JoseSt. Francis Hospital Santa BarbaraSanta Barbara Cottage Hospital Santa BarbaraSanta Barbara General Hospital Santa BarbaraSanta Monica Hospital Santa Monica

and other hospitals located in the United States but outsidethe State of California that meet the standards of the Ameri-can Medical Association, Council on Medical Education andHospitals, for a rotating type internship.

The foregoing approval of the Board is effective as of thetenth day of June, 1946, and until further order of the Board.The said approval is without prejudice to, and shall not bedeemed to have affected, the standing, status or approval ofany hospital for the training of interns for the purposes ofSection 2193 of the code, or the consideration of any such


hospitals by the Board, whether approved or otherwise, at anytime or for any period prior to said tenth day of June, 1946,which standing, status and approval of such hospitals andeach and any of them, shall be and remain as determined by theBoard prior to said tenth day of June, 1946.

(e) The following hospitals are hereby approved by theBoard for the training of interns in accordance with Section2193 of the code effective as of October 24, 1946, namely :

Name of Hospital LocationMercy Hospital San DiegoSt. John’s Hospital Santa Monica

The following hospital is hereby approved by the Board forthe training of interns in accordance with Section 2193 ofthe code effective as of May 10,1947, namely ;

Name of Hospital LocationHerrick Memorial Hospital Berkeley

The following hospital is hereby approved by the Board forthe training of interns in accordance with Section 2193 of thecode effective as of July 7, 1947, namely :

Name of Hospital LocationSeaside Hospital Long BeachThe following hospital is hereby approved by the Board for

the training of interns in accordance with Section 2193 of thecode effective as of October 19, 1947, namely :

Name of Hospital LocationHarbor General Hospital Torrance

(f) A graduate of a foreign medical school who holds aNational Board diplomate certificate, dated September 15,1935, or subsequent thereto, and who seeks to file an applica-tion for a California certificate based on a diplomate certificate,must produce evidence satisfactory to the Board that prior tohis having been admitted to examination by the NationalBoard, he had completed the additional requirements exactedof a foreign medical school graduate, as set forth in the Code(Chapter 5, Division 2) effective on the date the applicant wasadmitted to written examination by the National Board.

(g) Applicants, including those applying for reciprocityupon a license from another state, a certificate issued by theNational Board of Medical Examiners, or a commission as amedical officer in the United States Army, Navy, or PublicHealth Service upon graduation from foreign schools, whoseresident professional instruction has been secured in teachinginstitutions located outside the United States and Canada andwhose credentials are found sufficient in form by the Cre-dentials committee and the Board, shall be given and shallsuccessfully take a written, oral and clinical examinationsuit-able and sufficient to indicate the quality and sufficiency of hisresident professional instruction.*! (Filed April 4, 1947;effective April 4, 1947.)

Article 7. Hospitals

1341. Approval of Hospitals for Treatment of NarcoticAddicts, (a) Upon application hospitals will be examinedand if approved by the Board may then accept persons fortreatment of narcotic addiction.


EATING TO MEDICINE AND SURGERY 71

(b) The following hospitals are hereby approved by theBoard for the training of interns in accordance with Section2147.5 of the code effective as of October 24, 1946, namely :

Name ofHospital LocationMercy Hospital San DiegoSt. John’s Hospital Santa MonicaThe following hospital is hereby approved by the Board for

the training of interns in accordance with Section 2147.5 ofthe code effective as of May 10, 1947, namely :

Name of Hospital LocationHerrick Memorial Hospital Berkeley(Filed 6-4-47)

1342. Hospitals Approved for Training Interns. (a)The following hospitals, and no others are hereby approved bythe Board for the training of interns in accordance with Sec-tion 2147.5 of the code, namely :

Name of Hospital LocationSan Joaquin General Hospital French CampGeneral Hospital of Fresno County FresnoGlendale Sanitarium and Hospital Glen laleLoma Linda Sanitorium and Hospital Loma LindaCalifornia Hospital Los AngelesCedars of Lebanon Hospital Los AngelesHospital of the Good Samaritan Los AngelesPresbyterian Hospital—Olmsted Memorial Los AngelesLos Angeles County Hospital Los AngelesQueen of Angels Hospital Los x\ngelesSt. Vincent’s Hospital Los AngelesSanta Fe Coast Lines Hospital Los AngelesWhite Memorial Hospital , Los AngelesHighland-Alameda County Hospital OaklandPermanente Foundation Hospital OaklandOrange County General Hospital OrangeCollis P. and Howard Huntington Memorial

Hospital PasadenaSacramento County Hospital SacramentoSan Bernardino County Charity

Hospital San BernardinoSan Diego County General Hospital San DiegoChildren’s Hospital San FranciscoFranklin Hospital San FranciscoFrench Hospital San FranciscoMary’s Help Hospital San FranciscoMount Zion Hospital San FranciscoSt. Joseph’s Hospital San FranciscoSt. Luke’s Hospital San FranciscoSt. Mary’s Hospital San FranciscoSan Francisco Hospital San FranciscoSouthern Pacific General Hospital San FranciscoStanford University Hospital San FranciscoUnited States Marine Hospital San FranciscoUniversity of California Hospital San FranciscoSanta Clara County Hospital San JoseSt. Francis Hospital Santa BarbaraSanta Barbara Cottage Hospital Santa BarbaraSanta Barbara General Hospital Santa BarbaraSanta Monica Hospital Santa Monica

The foregoing approval of the Board is effective as of the tenthday of June 1946, and until further order of the Board. Theapproval is without prejudice to, and shall not be deemed tohave affected, the standing, status or approval of any hospital


for the training of interns for the purposes of Section 2147.5of the code, or the consideration of any such hospitals by theBoard, whether approved or otherwise, at any time or for anyperiod prior to said tenth day of June 1946, which standing,status and approval of such hospitals, and each and any ofthem, shall he and remain as determined by the Board priorto said tenth day of June 1946.

(b) The following hospitals are hereby approved by theBoard for the training of interns in accordance with Section2147.5 of the code effective as of October 24, 1946, namely :

Name of Hospital LocationMercy Hospital San DiegoSt. John’s Hospital Santa MonicaThe following hospital is hereby approved by the Board for

the training of interns in accordance with Section 2147.5 of thecode effective as of May 10, 1947, namely :

Name of Hospital LocationHerrick Memorial Hospital Berkeley

The following hospital is hereby approved by the Board forthe training of interns in accordance with Section 2147.5 ofthe code effective as of July 7, 1947, namely :

Name of Hospital LocationSeaside Hospital Long Beach

The following hospital is hereby approved by the Board forthe training of interns in accordance with Section 2147.5 ofthe code effective as of October 19, 1947, namely :

Name ofHospital LocationHarbor General Hospital Torrance

1343. The hospitals approved by the Board for residenciesin accordance with Section 2147.5 of the code, shall be thosethat meet unconditionally the minimum requirements forgeneral standardization set by the American College of Sur-geons, and that a current list shall be maintained in the Sacra-mento Office of the Board and such list may be available intheir offices in the City of Los Angeles and San Francisco.

Article 8. Certificates

1346. Form of Certificates, (a) The Board shall for-mally adopt each form of certificate issued. Each class ofcertificate shall bear a letter designating the class thereof,followed by a serial number to establish its identity and toeffectuate a numerical record.

(b) All reciprocity certificates issued after oral examinationshall have a designating stamp thereon in the form prescribedby the Board.

(c) All certificates issued under Sections 2,210 to 2,216,inclusive, of the code (Government Credentials) shall have adesignating stamp thereon in the form prescribed by the Board.

1347. Duplicate Certificates. A duplicate certificate willbe issued to any licentiate who files a fee of two dollars ($2)and an affidavit on the form adopted by the Board certifyingto loss or destruction of the original certificate. A recent photo-graph of the licentiate with a completed affidavit paster (Form41-A) affixed to the reverse side must accompany each requestfor a duplicate certificate. The duplicate shall bear the samenumber and date as the original certificate and have the word“Duplicate” printed across the face thereof, together with thedate the duplicate was issued.*!

•f For statutory and source citations, see note to §1300.


1348. Change of Name. Each licentiate whose name hasbeen changed by marriage must complete and file printedForm 85, furnished by the Board. Whenever the name of thelicentiate has been changedby court order, said licentiate shallcomplete printed Form 89 furnished by the Board, to whichshall be attached a certified copy of court record authorizingthe change of name. In either instance the original certificateof such licentiate, shall be returned to the office of the Boardso that endorsement of change of name may be made on therecords of the Board, and a duplicate certificate issued. Aphotographof the applicant taken within sixty (60) days mustaccompany the affidavit. Said photograph must have affixed tothereverse side the required affidavit on printed Form 41-A.*t

Article 9. Modification of Probation and Restorationof Revoked Certificates

1353. Petitions for Modification of Probation, (a)Consideration will be given to a request for modification ofprobation only when a formal request for such has been filedin the office of the Board at Sacramento at least thirty (30)days before a regular meeting of the Board.

(b) Such a request must be accompanied by letters ofendorsement or recommendation from two leading physiciansand two citizens in the community in which the petitionerresides.

(c) A petition for termination or modification of probationshall not be heard by the Board for a period of one (1) yearfollowing the date of the Board’s decision or following the dateof a prior denial of a similar petition or application.*!

1354. Petitions for Restoration of Revoked Certificates,including Petitions for Modification of Probation, (a) Apetition for restoration of a revoked certificate shall not beconsidered by the Board for a period of one year following thedate of a prior denial of a similarpetition or application.

(b) An application for restoration and modification or ter-mination of probation shall be submitted on a form approvedand furnished by the Board and said application shall beaccompanied by recommendations required by Section 2376.5of the code.

Article 10. Schools and Colleges

1359. Advanced Standing in Approved Schools. (a) Astudent shall not be accepted for advanced standing uponcredits received or work taken in any except an approvedschool.

(b) In granting advanced standing no condition of any kindshall he allowed in the preliminary requirements. The schoolaccepting a student for advanced standing must inspect andpass on the original credentials and make a certified copyavailable as a part of any subsequent application for writtenexamination.

(c) In case of an application for transfer from one approvedschool to another, the standing of the applicant in the schoolfrom which he desires to transfer must be obtained directlyfrom that school under its official seal and signature of theProper officer of such school and must not pass through thehands of the applicant.

(d) Advanced standing shall not be given to an applicanttransferring from an approved school whose record shows“conditions” in any one collegiate year in more than one majorsubject and more than one minor subject. Failures and condi-tions in all subjects must be cleared by examination before



an applicant shall be admitted to advanced standing or beadvanced to the next higher class.

(e) Advanced standing shall not he allowed where the appli-cant has failed to pass the regular examination given to allmembers of the same class by the school from which he trans-ferred. A school shall not admit to advanced standing a studenttransferring from another school unless said student files withthe school of last matriculation satisfactory documents show-ing that he has satisfied all of the requirements of any priorapproved schools where previously he had been a student.

(f) A re-examination on conditions shall not be given byeither school until the school has been furnished with satis-factory evidence that actual work under instruction in all thesubjects of failure has been taken by the applicant during theinterval between the examination at which he originally failedand the date of the re-examination given him.*t

1360. Report of Matriculants in Approved DruglessPractitioner and Chiropody Schools. An approved druglessand chiropody school in the State of California shall submitto the Board at Sacramento within ten (10) days after thecommencement of each semester or immediately on request ofthe secretary a typewritten alphabetical list of matriculantsof each class under instructions. This report shall include the.preliminary, pre-medical and professional education of eachstudent. The Board shall be furnished with a satisfactoryexplanation of any addition of names to said list subsequentto the date of filing. A special notation with an explanationshall be made in the instance of a student admitted to advancedstanding.*t

1361. Advanced Standing in Drugless PractitionerSchool, (a) Documents satisfactory to the Board, showingthe prior record, educational status, subjects and hours com-pleted by the matriculants, as required by the code, includinga verbatim copy of the pre-medical and professional certificateson file with the approved school previously attended shall befiled with the approved drugless school prior to the matricu-lation of any student for advanced standing therein.

(b) An applicant for a drugless practitioner certificate willbe granted a limited allowance for those subjects and for thehours of training taken in an approved chiropractic or chirop-ody school or college during the period of the approval of suchschool or college by the Board. The applicant shall furnish tothe Board satisfactory proof of the completion of the subjectsand the number of hours attended in the course of instruction.

(c) An applicant for advanced standing in a drugless prac-titioner school or college approved by the Board shall file withthe Board satisfactory proof that at the time he matriculatedin said school or college, he was in possession of a valid cer-tificate issued by the validation officer appointed by theBoard.* t

1362. Same: Graduates of Chiropody Schools, (a) Agraduate of a chiropody college approved by the Board, who islicensed to practice chiropody in this State and has actuallypracticed five (5) years therein, may be granted advancedstanding of two (2) semesters on a five (5) semester coursein an approved drugless practitioner college upon making therequired application, indicating that prior to the granting ofa license to practice chiropody he had such qualifications aswere then required for chix-opody students and colleges.

(b) An applicant must furnish satisfactory evidence to theBoard: (1) that he holds a diploma issued to him by a chirop-ody school or college approved by this Board ; (2) that he holds



a chiropody license issued by the Board based upon a writtenexamination; (3) that he has completed at least five years oflawful practice in chiropody in California. An applicant willthereafter be permitted to qualify for the right to take anexamination leading to the issuance of a drugless practitionercertificate upon proof satisfactory to the Board that he hassatisfactorily completed in one of the drugless colleges approvedby the Board, the following additional courses of study :

Anatomy COO hoursPhysiology jl 200 hoursPathology 150 hoursBacteriology 100 hoursDiagnosis 370 hoursObstetrics and Gynecology 265 hours(c) Additional training for a drugless practitioner certifi-

cate shall comprise two semesters of the regular course ofinstruction in said drugless college, each semester to be no lessthan twenty-five (25) weeks’ duration and in addition tothe above enumerated and described courses and subjects,must satisfactorily complete the fifth regular semester of anapproved drugless practitioner college.

1363. Same: Graduates of Chiropractic Schools, (a)An applicant must furnish evidence satisfactory to the Boardof having completed more than five years of continuous lawfulpractice under a license or certificate issued by the CaliforniaBoard of Chiropractic Examiners and based upon a writtenexamination as well as a diploma issued by one of the followingchiropractic colleges:

San Francisco College of ChiropracticCalifornia College of ChiropracticWest Coast College of ChiropracticWestern College of ChiropracticNational College of Chiropractic, Chicago, IllinoisCarver College of Chiropractic, OklahomaPalmer College of Chiropractic, Davenport, Illinois(b) An applicant will thereafter be permitted to qualify for

the right to take an examination leading to the issuance of adrugless practitioner certificate upon proof satisfactory to theBoard that he has satisfactorily completed in one of the drug-less colleges approved by the Board, the following additionalcourses of study:

Anatomy 600 hoursPhysiology 200 hoursPathology 150 hoursBacteriology 100 hoursDiagnosis 370 hoursObstetrics and Gynecology 265 hours(c) Additional training for a drugless practitioner certifi-

cate shall comprise two (2) semesters in said approved drug-less college, each semester to be of at least twenty-five (25)Weeks’ duration.

(d) An applicant Avho has had less than five (5) years oflawful practice as a licensed chiropractor in California mustsatisfactorily complete the fifth regular semester in anapproved drugless practitioner college in addition to the aboveenumerated and described courses and subjects.*f

1364. Requirements for Approval of Drugless Practi-tioner Schools. (a) A drugless practitioner school shall notbe approved by the Board unless, in addition to the matricula-



tion requirements already specified, it requires that its studentspersonally dissect the lateral one-half of the human cadaver.Such a course in anatomy must have been pursued in a schoolapproved by the Board, under the supervision of competentinstructors on the faculty of such school. The foregoing coursein anatomy need not necessarily be taken in an approved schoolconfining its course of instruction to qualifying its graduatesfor examination for a drugless practitioner’s certificate.

(b) A student conditioned in more than one major subjector more than three minor subjects of the college curriculumshall not be permitted to advance from one class to the nexthigher class. A major subject is not less than one hundred(100) hours. A minor subject is less than one hundred (100)hours. A student advanced with conditions must remove suchconditions prior to commencement of the second half of thethen current school year. A student who fails to do so shall berequired to repeat the work of the first semester.

(c) The Board reserves the authority to refuse approval ofa specific applicant, even if a graduate of an approved school,when, to the satisfaction of the Board, it is shown that thequalifications of said applicant are not acceptable as fulfillingthe educational requirements set forth in the code, effective onthe date such applicant graduated.

(d) A school located outside the State of California, whichis approved by the licensing authority of the state wherein it islocated, may be approved by the California Board, providingthat:

(1) All the educational requirements of the California laware fulfilled.

(2) The licensing authority or board of such state hasauthority by statute to supervise the conduct andoperation of such school and acts in accordance there-with.

(3) The Board reserves the right to reject a specific appli-cant whose credentials are not considered satisfactory.

(e) In addition to the statutory provisions regarding pre-liminary and pre-medical education as set forth in Articles 3and 7 of Chapter 5 of Division 2 of the code and the rules here-inbefore mentioned covering same, the equipment, teachingfacilities, etc., of a drugless practitioner school shall fulfill therequirements of the first and second years, detailed in theSchedule of Minimum Requirements, Administration, Super-vision and Equipment, required for approval of medicalschools. *t

1365. Validation Certificate. A college, other than anapproved medical college, which prepares students for examina-tion for any form of certificate, as provided in the code relatingto the practice of medicine, shall not be approved unless suchinstitution requires, before matriculation of any student, thefiling of a validation certificate issued by the properly author-ized validating officer of the Board, showing that the prospec-tive student has completed all the preliminary, and, in theinstance of chiropody, all the pre-chiropodical, requirementsset forth in the law and these rules and regulations.*!

1366. Approved Schools, (a) The following institutionsare approved by the Board for the giving of resident profes-sional instruction in medicine to candidates for examination orlicensure as a physician and surgeon in accordance with thelaws of the State of California :

AlabamaMedical College of Alabama, Birmingham



ArkansasUniversity of Arkansas School of Medicine, Little Rock

CaliforniaUniversity of California Medical School, Berkeley-San

FranciscoCollege of Medical Evangelists, Loma Linda-Los AngelesUniversity of Southern California School of Medicine, Los

AngelesStanford University School of Medicine, Stanford Univer-

sity-San FranciscoColorado

University of Colorado School of Medicine, DenverConnecticut

Yale University School of Medicine, New HavenDistrict of Columbia

Georgetown University School of Medicine, WashingtonGeorge Washington University School of Medicine, Wash-

ingtonHoward University College of Medicine, Washington

GeorgiaEmory University School of Medicine, AtlantaUniversity of Georgia School of Medicine, Augusta

IlinoisLoyola University School of Medicine, ChicagoNorthwestern University Medical School, ChicagoUniversity of Chicago, The School of Medicine, ChicagoUniversity of Illinois College of Medicine, Chicago

IndianaIndiana University School of Medicine, Bloomington

Indianapolis

IowaState University of Iowa College of Medicine, Iowa City

KansasUniversity of Kansas School of Medicine, Lawrence-Kansas

City

KentuckyUniversity of Louisville School of Medicine, Louisville

LouisianaLouisiana State University School of Medicine, New OrleansTulane University of Louisiana School of Medicine, New

Orleans

MarylandJohns Hopkins University School of Medicine, BaltimoreUniversity of Maryland School of Medicine and College of

Physicians and Surgeons, BaltimoreMassachusetts

Boston University School of Medicine, BostonHarvard Medical School, BostonTufts College Medical School, Boston

M ichiganUniversity of Michigan Medical School, Ann ArborWayne University College of Medicine, Detroit


MississippiUniversity of Mississippi School of Medicine, University

First and Second Years Only

M innesotaUniversity of Minnesota Medical School, Minneapolis

M issouriSt. Louis University School of Medicine, St. LouisWashington University School of Medicine, St. LouisUniversity of Missouri School of Medicine, Columbia

First and Second Years Only.

NebraskaCreighton University School of Medicine, OmahaUniversity of Nebraska College of Medicine, Omaha

New HampshireDartmouth Medicine School, Hanover

First and Second Years Only.

New YorkAlbany Medical College, AlbanyLong Island College of Medicine, BrooklynUniversity of Buffalo School of Medicine, BuffaloColumbia University College of Physicians and Surgeons,

New YorkCornell University Medical College, New YorkNew York Medical College, Flower and Fifth Avenue

Hospital, New YorkNew York University College of Medicine, New YorkUniversity of Rochester School of Medicine and Dentistry,

RochesterSyracuse University College of Medicine, Syracuse

North CarolinaDuke University School of Medicine, DurhamBowman Gray School of Medicine of Wake Forest College,

Winston-SalemUniversity of North Carolina School of Medicine, Chapel

HillFirst and Second Years Only.

North DakotaUniversity of North Dakota School of Medicine, Grand

ForksFirst and Second Years Only.

OhioUniversity of Cincinnati College of Medicine, CincinnatiWestern Reserve University School of Medicine, ClevelandOhio State University College of Medicine, Columbus

OklahomaUniversity of Oklahoma School of Medicine, Oklahoma City

OregonUniversity of Oregon Medical School. Portland

PennsylvaniaHahnemann Medical College and Hospital of PhiladelphiaJefferson Medical College of PhiladelphiaTemple University School of Medicine, PhiladelphiaUniversity of Pennsylvania School of Medicine, PhiladelphiaWoman’s Medical College of Pennsylvania, PhiladelphiaUniversity of Pittsburgh, School of Medicine, Pittsburgh


South CarolinaMedical College of the State of South Carolina, Charleston

South DakotaUniversity of South Dakota School of Medical Sciences,

VermillionFirst and Second Years Only

TennesseeUniversity of Tennessee College of Medicine, MemphisMeharry Medical College, NashvilleVanderbilt University School of Medicine, Nashville

TexasSouthwestern Medical College of the Southwestern Medical

Foundation, DallasUniversity of Texas School of Medicine, GalvestonBaylor University College of Medicine, Houston

UtahUniversity of Utah School of Medicine, Salt Lake City

VermontUniversity of Vermont College of Medicine, Burlington

VirginiaUniversity of Virginia Department of Medicine, Charlottes

villeMedical College of Virginia, Richmond

West VirginiaWest Virginia University School of Medicine, Morgantown

First and Second Years Only

wisconsinUniversity of Wisconsin Medical School, MadisonMarquette University School of Medicine, Milwaukee

CanadaUniversity of Alberta Faculty of Medicine, Edmonton, Alta.University of Manitoba Faculty of Medicine, Winnipeg,

Man.Dalhousie University Faculty of Medicine, Halifax, N. S.Queen’s University Faculty of Medicine, Kingston, Ont.University of AVestern Ontario Medical School, London, Ont.University of Toronto Faculty of Medicine, Toronto, Ont.McGill University Faculty of Medicine, Montreal, Que.University of Montreal Faculty of Medicine, Montreal, Que.Laval University Faculty of Medicine, Quebec, Que.University of Saskatchewan School of Medical Sciences,

Saskatoon, Sask.First and Second Years Only

(b) The following institutions are approved by the Boardfor the giving of resident professional instruction in druglesshealing to candidates for examination or licensure as DruglessPractitioners in accordance with the laws of the State ofCalifornia:

NONE(c) The following institutions are approved by the Board

for the giving of resident professional instruction in chiropodyto candidates for examination or licensure as a chiropodistin accordance with the laws of the State of California:

CaliforniaCalifornia College of Chiropody, San Francisco


IllinoisChicago College of Chiropody, ChicagoIllinois College of Chiropody and Foot Surgery, Chicago

New YorkThe First Institute of Podiatry, Long Island University,

New York City

OhioOhio College of Chiropody, Cleveland

PennsylvaniaTemple University, School of Chiropody, Philadelphia(d) The following institutions are approved by the Board

for the giving of resident professional instruction in midwiferyto candidates for examination or licensure as a Midwife inaccordance with the laws of the State of California :

NONE

(e) The foregoing approval of the Board of the institutionsabove named, and none other, is effective as of the 9th day ofJune, 1946, and until further order of said Board. Saidapproval is without prejudice to and shall not be deemed tohave affected the standing, status, approval or disapproval ofany institution for resident professional instruction for thepurposes of the code prior to said 9th day of June, 1946, or theconsideration of the standing, status, approval or disapprovalof any of said named institutions, or any other such institution,by said Board, whether approved or otherwise, at any time orfor any period prior to said 9th day of June, 1946, which stand-ing, status, approval or disapproval of such institutions priorto said 9th day of June, 1946, and each or any of them, shallbe and remain as determined by the Board prior to said 9thffay of June, 1946.*f (Filed 4-4-47; effective 4-4-47)

Article 11. Chiropodists

1369. Professional Education Work, (a) The profes-sional educational work specified by Sections 2450 and 2452of the code as required of each person holding a certificate topractice chiropody as a condition to the renewal of his certifi-cate shall be taken in the following subjects:

1. Dermatology2. Bacteriology3. Pathology4. Syphilogy5. Therapeutics6. Foot Hygiene

The applicant for renewal must show five (5) hours eachin the six (6) subjects, or six (6) hours in any of the five(5) subjects.

(b) For the year 1947 such professional educational workmay be taken individually or in groups under the super-vision of one or more of the following;

1. An approved chiropody school.2. A member of the staff of an approved medical school.3. A licensed physician and surgeon of this State or of

any state of the United States, the standards of which arerecognized for the purpose of reciprocity licensure underSections 2310 through 2343 of the code.*t For statutory and source citations, see note to §1300.


(c) The showing of the taking of such professional edu-cational work shall be made by a certificate of affidavit of theindividual giving such instruction or of the appropriate cer-tifying officer of such institution of learning and the affidavit orthe applicant for renewal specifying the time and place, sub-ject, instructor and number of hours of such professionaleducational work taken during the year 1947.

(d) The application of this rule shall be limited to therequirements of Sections 2450 and 2452 of the code as theyapply to the calendar year 1947 only. (Filed 4-4-47; effective4-4-47) *t



CALIFORNIALEGISLATIVE

ENACTMENTS

TableNo.

1—LegislativeEnactmentsinCalifornia

PertainingtotheHealingArt

6 8

Threeboardseachissuing

certificateson

verificationofdiplomafroma

medical

college.)1

Boardconsistingof—5membersofMedicalSocietyof

California;2members

ofCaliforniaStateHomeopathicSociety;2membersof

EclecticMedical

Society—writtenexamination.

1

Boardof

OsteopathicExaminers— issuingcertificatesto

practiceosteopathy

on

diploma.)7

CompositeBoard—5 membersofMedicalSocietyof

California;2fromCali-

forniaStateHomeopathicMed.Society;2

fromEclecticMed.Society;2

fromOsteopathicSocietyofCalifornia—issued:1.

Certificateto

practice

medicineand

surgery;2.Certificateto

practiceosteopathy.Subjectsof

examinationschanged.

)9

ProvidedforindorsementofcertificateissuedbytheAssociationof

Naturopathy

ofCaliforniawithout

requirementofeducational

qualifications.

1

Examinationforspecial

certificate;U.S.

Armycertificate.

1

Prohibitingfaculty

memberfrom

Boardmembership.

3

Providesforissuanceofcertificateto

practice:1.

Medicineand

surgery;

2.

Drugless.5

AmendedSecs.

2-3-4-8-9-10-11-12-13-14-17-18andadded

re1.

Medicine

andsurgery;2.

Chiropody.

StatutesChapter

Page

ApprovedIn

effect

MedicineandSurgery

1876

518

792

April3,

1876April3,187

MedicineandSurgery

1878

576

918

April3,

1878April3,187

MedicineandSurgery

1901

51

56

Feb.27,

1901Aug.1,190

Osteopathy

1901

99

113

Mar.9,

1901Mar.9,190

MedicineandSurgeryand

Osteopathy1907

212

252

Mar.14,1907

May1,190

Naturopathy

1909

276

418

Mar.19.1909

Mar.19,190

Medicineand

SurgeryandOsteopathy

1911

740

1437

May1,

1911July1,191

MedicineandSurgeryandOsteopathy

1911

745

1449

May1,

1911May1,191

MedicineandSurgeryand

Drugless

1913

354

722

June2,

1913Aug.10,191

MedicineandSurgery

DruglessandChiropody

1915

105

184

April24,

1915Aug.8,191


MedicineandSurgery

Drugless,ChiropodyandMidwifery

1917

81

93

April27,

1917July27,1917

AmendedSecs.

andadded24;alsoadded

Midwifery.

MedicineandSurgery

Drugless,Chiropody

andMidwifery

1919

630

1296

May27,

1919July27,

1919Permits

treatmentbystudentsinschoolsandinternesin

hospitals.Sec.22.

MedicineandSurgery


1919

632

1299

May27,

1919July27,

1919ProvidesforSuperiorCourt

reviewof

Board’sdisapprovalofa

school.Sec.

10b£.

MedicineandSurgery

Drugless,ChiropodyandMidwifery1921

587

995

May31,

1921July30,

1921Defines

Chiropody.Sec.8.

MedicineandSurgery


1921

598

1009

May31,

1921July30,

1921Salary;

rev.fd.;

revocation;probation.Secs.5-6-9and14.

MedicineandSurgery


1921

763

1317

June3,

1921Aug.2,

1921Subjectsof

instructionandofexamination.

Secs.10-11.

MedicineandSurgery


1923

292

618

June2,

1923Aug.18,1923

Premedicaleducation

requirementchanged.Sec.9.

MedicineandSurgery


1923

346

716

June14,1923

Aug.18,1923

Medicalcourse

changedfrom

“hours”to

“percentage”of

total.Sec.

10.

MedicineandSurgery


1925

130

281

May14,1925

July24,

1925Addedto

Sec.14,

subdivisionsla-5a-5b-5c.

MedicineandSurgery


1927

59

99

April5,

1927July29,

1927Amending

Section14,

subdivision6,andadding11a

andb.

MedicineandSurgery


1927

63

110

April5,

1927July29,

1927AmendingSection2.Annualtax

reducedto$1.

MedicineandSurgery


1927

66

114

April5,

1927July29.

1927AmendingSec.11.

Subjectsofexaminationtoinclude

PublicHealthandBio-

chemistry.


TableNo.

1—Continued

StatutesChapter

Page

ApprovedIneffect

MedicineandSurgery


1927

92

180

April11,1927July29,

1927AmendingSec.24.CollectionOsteopathic

Boardfines.

MedicineandSurgery


1927

122

217

April13,

1927July29,

1927Amending

Sec.13.

Oralexaminationfor

reciprocityapplicant

licensed10or

moreyears.

MedicineandSurgery


1927

639

1,069

May19,1927July29,

1927AmendingSecs.9and10.

Modifyingsubjectsofinstructionfor

Physicianand

Surgeon.IncreasingChiropody

requirements.

MedicineandSurgery

1929

217

389

May4,

1929Aug.14,1929

AmendingSec.12

permittingcommissionedmedicalofficersto

takeoral

ex-

amination.

MedicineandSurgery


1929

309

620

May18,

1929Aug.141929

AmendingSec.9.

Requiresalleducationto

be“Resident.”IncreasesChiropody

course.EffectiveJuly1,

1930.

Chiropody

1929

310

623

May18,

1929Aug.

14,1929

AmendingSec.10.

IncreasingChiropody

requirements.

MedicineandSurgery,etc.

1929

233

435

May6,

1929Aug.14,1929

AmendingSec.17.

Moreclearlydefining

violations.


1929

311

626

May18,

1929Aug.14,1929

AmendingSec.14.

Additionalcausesfor

revocation.


1929

812

1701

June15,1929

Aug.14,1929

AmendingSec.13.

Re

requirementsfor

reciprocity,whichisdeniedif

appli-

canthasfailedinCaliforniaexamination.


1929

330

654

May18,1929

Aug.14,1929

AddsSec.

11a.Recognizing

NationalBoardof

Diplomats.


1929

460

825

May24.

1929Aug.

14,1929

AmendingSec.IS.By

requiringa

certificatetobe

“registered”ratherthan

“recorded.”


1931

534

1139

May29,

1931Aug.14,1931

AmendingSecs.6and24.

Reportof

receipts,titleofact,

penalties,etc.


1931

1006

2018June16,

1931Aug.14,

1931AmendingSec.1.

Appointmentand

termsof

Boardmembers.


Chiropody

1933

499

1275

May24,

1933Aug.21,

1933AmendingSecs.8and17.

ReChiropody.


1935

670

1839

July16.1935

Sept.15,1935

AmendingSec.9.

Reforeign

graduates.


1935

672

1842

July16,1935

Sept.15,1935

AmendingSec.2.

Annualtax$2.00,

andSec.13.

Rereciprocity.

Businessand

ProfessionsCode

1937

399

1226

June15,1937

Aug.27,

1937Codification.


1937

414

1254

June17,1937

Aug.27,

1937Adds

provisionson

medicinetothecode.


1939

281

1536

May27,

1939Sept.19,1939

ExemptingCanadian

medicalschool

graduates.


1939

269

1520

May26,

1939Sept.i9,

1939Adds

penaltyforsaleof

Druglessor

NaturopathicDegrees.

MedicineandSurgery

1939

341

1681

June2,

1939Sept.19,1939

Internescanservebut2

yearswithouta

license.


1939

342

1681

June2,

1939Sept.19,1939

Wilfulmakingfalsestatementcausefor

revocation.


1939

343

1682

June2,

1939Sept.19,1939

Prohibitsuse

ofprefix“Dr.”withoutdesignating

classofcertificateheld.


1939

344

1682

June2,

1939Sept.19,1939

Prohibitsuseofterm

“DruglessPractitioner”

exceptto

holdersthereof.

Drugless

1939

360

1692

June2,

1939Sept.19,1939

Increaseseducational

requirementsfor

DruglessPractitioners.

DispensingOpticians

1939

955

2692

July22,

1939Sept.19,1939

DispensingOpticiansplacedunder

MedicalBoard.

Chiropody

1939

1021

2826

July22,

1939Sept.19,1939

RequiresPre-chiropodical

education.


1941

21

—

Feb.2,

1941Feb.3,

1941ExemptsfulltimeMedicalOfficersand

Drafteesfrom

annualtax.

Chiropodists

1941

120

...

April17,1941

Sept.13,1941

Increaseseducational

requirementsforChiropodists.

Chiropodists

1941

121

...

April17,1941

Sept.13,1941

Priceadvertisingby

Chiropodistscausefor

citation.


1941

218

...

May7,

1941Sept.13,1941

Contentsof

Directory.


TableNo.

1—Continued

StatutesChapter

Page

ApprovedIneffect


1941

219

May7,

1941Sept.13,1941

Establishesfeesforchangeof

name,duplicatecertificates,etc.

MedicineandSurgery

1941

220

—

May7,

1941Sept.13,1941

Creditfor

yearsofpractice

limitedto10

pointsand

availabletoU.S.

graduates

only.


1941

221

...

May7,

1941Sept.13,1941

Providesfora

feefor

addressographservice.


1941

222

...

May7,

1941Sept.13,1941

Providesforpublicationof

AnnualReport.

DispensingOpticians

1941

521

...

May31,

1941Sept.13,

1941Providesfor

refundto

applicantsdenied

RegisteredDispensingOpticiancertifi-

cates.

DispensingOpticians

1941

521

...

May31,

1941Sept.13,

1941ProvidesRegisteredDispensingOptician

mayregistera

changeof

addresson

filing$15.00fee.

MedicineandSurgery

1941

751

...

June14,1941

Sept.13,1941

Denieslicenseto

foreignmedical

graduateswhencountry

whereinthey

are

licenseddoesnotgrant

similarprivilegestoU.S.licentiates.


1941

875

...

June24,

1941Sept.13,1941

Requiresuse

oflicentiate’s

nameinadvertisementof

medicalbusiness.

MedicineandSurgery

1941

912

July2,

1941Sept.

13.1941

PhysiciansandSurgeonslicensedinanotherstatemayserveonly1

yearin

StateHospitalswithoutastate

license.

Chiropody

1941

1116

...

July12,1941

Sept.13,1941

Practiceof

Chiropodydefined.

Chiropody

1941

1116

...

July12,1941

Sept.13,1941

Saleofcorrectiveshoesand

appliancesforhumanfeet

permitted.


1943

471

...

May15,1943

May16,1943

Providesfor

appointmentof

committeesandapprovalof

committeeactionand

recommendationsby

writtenconsentofthe

Board.


MedicineandSurgery

1943

472

—

May15,1943

Aug.4,

1943Providesforotherevidenceoffinal,successfulandentire

completionofmedical

courseinlieuofdiploma.


1943

530

...

May17,1943

Aug.4,

1943Provides

methodof

applicationfor

restorationof

revokedcertificates.

MedicineandSurgery

1945

264

May7,

1945

PhysiciansandSurgeonslicensedin

anotherState

mayserveinVeterans’Home.

Chiropody

1945

673

...

June4,1945Sept.15,1945

Providesfor

Pre-ohiropodicaleducationforveteransofWorldWarII.

Regard-

ingchiropody

reciprocityrequirements.

Chiropody

1945

775

...

June8,

1945Sept.

15,1945Providesfor30hours

professionaleducationalworkfor

renewalof

Chiropody

license.


1945

896

...

June15,1945

Sept.15,1945

ProvidesforhearingsundertheAdministrative

ProceduresAct.

Chiropody

1947

289

...

May17,1947

Sept.19,1947

IncreasesChiropody

courseforstudentsmatriculatingafterSept.1,

1947.

Chiropody

1947

290

—

May17,1947

Sept.19,1947

Repealsrequirementof30hours

professionaleducationalworkfor

renewal

of

Chiropodylicense.


1947

299

...

May17,1947

Sept.19,1947

Changesmethodof

paymentof

reciprocityapplicationfee.


1947

300

...

May17,1947

Sept.19,1947

Definesresident

courseofinstruction.


1947

307

...

May19,1947

Sept.19,1947

Contentsof

Directory.

Medicineand

Surgery,etc.

1947

308

...

May19,1947

Sept.19,1947

AmendsSection2390

relatingto

unprofessionalconduct.


1947

309

...

May19,1947

Sept.19,1947

AddsSection2391.5

relatingto


Medicineand

Surgery,etc.

1947

344

...

May21,

1947Sept.19,1947

IncreasesBoard

membersper

diem.


OTHERLAWS

RELATINGTO

THEHEALINGART

Chiropractic:InitiativepassedatGeneral

ElectionNovember7,

1922;in

effectDecember21.

1922.Created

Boardof

ChiropracticExaminersto

licensegraduatesof

chiropracticschools

Osteopathic^Mtiative'Ssfed'

GenendlkctionNovember7,

1922;ineffect

December21,

1922.Created

Boardof

OsteopathicExaminers,with

authorityto

administerthe

Medical

col.™K,S,a“n'

mmnmi;cm*eee,«**.mno.««.w.;<w-22

gCalsession

1940Regulating

incorporationand

operationof

degreeconferringinstitutions.

falselyrepresenting

apublicofficer.

Chapter680Statutes

1931Page

1420

Pardonnottoeffect

provisionsof

MedicalPracticeAct.Chapter945,Statutes1933,

Page2476.

Regulatingproductionofserums,

vaccines,bacterialculturesandviruses.

Chapter248,

Statutes1935.

ClinicalLaboratory

Act.Chapter804,Statutes

1937.

Non-profithospitalserviceplans.

Chapter386,Statutes

1935.

PrescribingDinitrophenolafelony.

Chapter583,Statutes

1939.

SpecialAgents

andInvestigators;Peace

Officers.Chapter

576,Statutes

1939.

Medicalservice

corporations.Chapter563,

Statutes1941.

TableNo.

1—Continued

StatutesChapterPage

ApprovedIneffect


1947

469

May31,

1947Sept.19,1947

Providesmethodofcourt

reviewof

Board'sdisapprovalof

schools.


1947

470

...

May31,

1947Sept.19,1947

AmendsSection2376.5

relatingto

applicationsfor

restorationof

revoked

certificates.

DispensingOpticians

1947

580

...

June5,

1947Sept.19,1947

Increasesrequirementsfor

DispensingOpticianscertificate.

MedicineandSurgery

1947

867

June19,1947

Sept.19,1947

Providesforexchange

instructorsand

residents.


1947

1005

June30,

1947Sept.19,1947

Prohibitsuseof

“physician”exceptto

holdersofphysicians

andsurgeons

certificates.


1947

1157

July7,1947Sept.19,1947

AmendsSection2384

relatingto



MEDICALPRACTICE

ACTSOF

CALIFORNIA

TableNo.2—TableforConsiderationof

ReciprocityApplicationsfromOtherStates

Ona

License1

ToPractice

MedicineandSurgery

2

ToPractice

Osteopathy*3

ToPracticea

DruglessSystem

4

Chiropody

5

Midwifery

Datedpriorto

August1,

1901

A

la

Requiresthe

applicanttopassan

oralexamination.Seechapter354,

Statutes1913.

2aPractice

notlegalized

—noreciprocity

certificatecanbe

granted.

3aPracticenotlegalized— no

reciprocity.4a

Practicenot

legalized— noreciprocity.

5aPractice

notlegalized— no

reciprocity.

Datessubsequent

toAugust1,

1901and

priorto

March4,

1907

B

lbIf

applicationisbased

onequal

standards,a

directreciprocity

certificatemay_be

issued;other-

wiseoralexaminationis

required2b

Directreciprocity

onequal

standards.3b

Practicenotlegalized

as“Drug1es

s”—no

reciprocity.

4bPractice

notlegalized— no

reciprocity.5b

Practicenotlegalized— no

reciprocity.

Datedsubsequent

toMarch4,

1907

andpriorto

August10,1913

C

1cDirect

reciprocitycertificate

maybe

issuedon

equalstandards;other-

wisewrittenexamination.

2eDirect

reciprocityon

equalstandards.

Applicationmustbebased

ona

writtenexamination.

3cPracticenotlegalized

as“Drugless”

—no

reciprocity.

4cPractice

notlegalized—

noreciprocity.

5cPracticenotlegalized— no

reciprocity.

Datedsubsequent

toAugust

10,1913,andpriorto

August8,

1915

D

IdDirect

reciprocitycertificate

maybe

issuedon

equalstandards;other-

wisewritten

examination.2d

Physicianand

surgeonor

drugless

practitionercertificate—depending

onstandardofstateand

qualifica-

tionof

applicant.

3dDirect

reciprocityon

equa otherwisebywritten

examination.4d

Practicenotlegalized— no

reciprocity.5d

Practicenot

legalized— noreciprocity.

Datedsubsequent

toAugust8,

1915

E

leDirect

reciprocityon

equalstandards;

otherwisewrittenexamination.

2e

Physicianand

surgeonor

drugless



qualifica-

tionofapplicant.

3eDirect

reciprocityon

equalstandards;

otherwisebywritten

examination.4e

Directreciprocity

on

equalstandards;

otherwisebywritten

examination.5e

Practicenot

legalzed— no

reciprocity.

Datedsubsequent

toJuly27,

1317

F

IfDirect

reciprocityon

equalstandards;

otherwisewrittenexamination.

2f

Physicianand

surgeonor

drugless



qualifica-

tionof

applicant.

3fDirectreciprocity

on

equalstandards;

otherwiseby

writtenexamination.

4fDirect

reciprocityon

equalstandards;

otherwisebywritten

examination.5f

Directreciprocity

on

equalstandards;

otherwisebywritten

examination.

*

Forinformationwritethe

Boardof

OsteopathicExaminers.(Explanationnotesto

Table2on

page90.)


890384-481M

1,,

A.

SeeChapter354,Statutesof

1913\

B.


1913i™„..

,.

.„

C.


19131

*,\as

adoptedthepolicyof

grantinga

writtenexaminationtolicentiatesfromotherStateswhenevertheCalifornia

Board

D. E.

SeeChapter354,Statutesof1913>^er“

thatthestandard

maintainedbysuchStateatthedateofIssuanceofthecertificateusedasthe

basisofthe

appUcatlon

SeeChapter

105,Statutesof

19151

waslowerthanthatmalntainc'dbytheCalifornialaw

onthe

samedate.

application

2.P.

SeeChapter81,

Statutesof

1917/

A.

Certificatestopracticeosteopathy

werenotissuedinCaliforniapriortoMarch9

1901

B.

SeeChapter

105,Statutes

1915.

C. D. E.

Si

F.

SameasE.


1917.

3.A.

Notrecognized.

B.

Notrecognized.

C.

Notrecognized.

D.

SeeChapter354,Statutes

1913.For

reciprocityexactions

seeChapter

105,Statutes

1915.

E.

Mustmeetthe

requirementsofSections9and10,

Statutes1915,

fordrugless

practitionercertificate

4.F.

Sameas

E.


1917.

A-B-C-D.Not

recognized.

5.E. A-B-C-D-E.866

A?

aPP1^1*

PracticinginCaliforniafor

one(1)

yearpriortoJulyi,

1915,whofilesan

applicationwithin90days

subsequentto

Notrecognized

1915’

mak6SPr°°f

°f

competency’

goodraoral

character,etc.,

maybe

granteda

certificateon

credentials(registration).

F.


1917.

National Institutes of Health · 2016. 11. 16. · Issuedhy TheBoardofMedicalExaminers...

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Transcript of National Institutes of Health · 2016. 11. 16. · Issuedhy TheBoardofMedicalExaminers...