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REFUSAL, REVOCATION OF CERTIFICATES.-The board refuses certificates to individuals guilty of unprofessional conduct. The applicant is given an opportunity to be heard, by citation, upon sworn complaint filed with the secretary, charging unprofessional conduct, and setting forth the particular acts constituting unprofessional conduct; the citation is returnable at the next regular session of the board following the expiration of thirty days from the filing of the complaint; the citation must notify applicant of time and place of hearing, the particular unprofessional conduct with which he is charged, and that he shall file his written answer under oath within twenty days after service of the citation, or default will be taken against him and his application for a certificate refused; the attendance of witnesses is compelled by subpoena issued by the secretary under seal of the board, which the secretary must issue on receiving a fee of twenty cents.

The method of service of the citation and subpoenas is that provided by the statutes of the State for the service of citations and subpoenas generally. The act provides for punishment of disobedience to subpoenas. Depositions may be taken, as in civil cases. If applicant fail to file his answer, under oath, within twenty days after service of citation, or such further time as the board may grant, and the charges be deemed on their face sufficient, the board must enter his default and refuse his application; if the charges be deemed sufficient and issue be joined by answer, the board proceeds to determine the matter and to hear evidence; if it appears to the satisfaction of the board that the applicant is guilty as charged, no certificate can be granted. No certificate is refused on ground of unprofessional conduct unless subsequent to passage of act, and within two years prior to application. If the holder of a certificate is guilty of unprofessional conduct, the certificate must be revoked by the board granting it; and the holder shall not thereafter be permitted to practise medicine or surgery, or any departments thereof, in the State; no revocation is valid without similar proceedings to the foregoing respecting refusal of certificate (ib., s. 10).*

1 See note 1, p. 197, supra. See

also note 3, p. 239, infra.

No penalty for practising after

revocation. Ex Parte McNulty, 77 Cal., 164.

The accused, when he presents his answer for filing, must deposit his certificate with the secretary, and unless he do so his answer is not filed, and his default is entered and his certificate revoked if the board deem the charges on their face sufficient. When the certificate is revoked, if it has been deposited, the secretary must write across the face in red ink the fact of such revocation, and file the certificate in the archives of his office and certify the fact under seal of the board to the county clerk of the counties in which it is recorded, and the clerk must write in his register a note of the revocation (in the form prescribed). Such record of revocation by the county clerk is prima facie evidence of the fact thereof, and of the regularity of all proceedings of the board in the matter of revocation. If the board decide against revocation the certificate is returned to the holder. No certificate can be revoked for unprofessional conduct unless subsequent to the passage of the act, and within two years prior to filing the complaint. From the revocation the holder is disqualified from practising medicine or surgery in the State (ib., s. 10).

UNPROFESSIONAL CONDUCT.-(1) Procuring or aiding or abetting in procuring criminal abortion; (2) obtaining fee on assurance that manifestly incurable disease can be permanently cured; (3) wilfully betraying a professional secret; (4) all advertising medical business in which grossly improbable statements are made; (5) all advertising of medicines, or means, whereby monthly periods of women can be regulated, or menses re-established or suppressed; (6) conviction of any offence involving moral turpitude; (7) habitual intemperance (ib., s. 10). LEGAL COUNSEL.-The board has power to employ legal counsel (ib., s. 11).

OFFENCE.-Practising medicine or surgery without a valid, unrevoked certificate is a misdemeanor (ib., s. 12).', 2

It is not necessary in an information to allege the existence of the medical societies; it is sufficient to charge the crime of wilfully and unlawfully practising medicine in the State of California without having first procured the certificate so to practise as required by law from some one of the medical societies named in the statute. People v. Boo Doo Hong, 122 Cal., 606;

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see also People v. O'Leary, 77 Cal., 30.

Upon evidence of the practice, the burden is on the defendant to prove that he had the required certificate, and in the absence of such proof it is taken as true that he had not procured such certificate. People v. Boo Doo Hong, 122 Cal., 606. See note 2, p. 198.

PENALTY.-The penalty for violation of the act is a fine of from $100 to $500, or imprisonment from 60 to 180 days, or both (ib., s. 12); one-half of the fine to the prosecuting witness or witnesses, the other half to the school fund (ib.). Filing or attempting to file for record the certificate issued to another, or falsely claiming himself to be the person named in the certificate, or falsely claiming himself to be the person entitled to the same, is a felony, punishable the same as forgery (ib., s. 13). FALSE REPRESENTATION.-Assuming to act as member of board, or signing, subscribing, issuing, or causing to be issued, or sealing, or causing to be sealed, a certificate authorizing any person to practise medicine or surgery in the State, except the person so acting and doing shall have been elected a member of the board, is a misdemeanor, punishable with fine of $100 to $500, or imprisonment in county jail 60 to 180 days, or both fine and imprisonment (ib., s. 14).

PREVIOUS REGISTRATION.-A person holding certificate from one of the boards of examiners under the act of April 3d, 1876, or the supplemental act which became a law April 1st, 1878, is entitled to practise medicine and surgery the same as if his certificate had been issued under this act; but such certificate is liable to be revoked for unprofessional conduct in the same manner and on the same grounds as if issued under this act (ib., s. 15).'

DEFINITION. The following are deemed as practising medicine or surgery: (1) Those who profess to be or hold themselves out as being engaged as doctors, physicians, or surgeons in the treatment of disease, injury, or deformity of human beings; (2) those who, for pecuniary or valuable consideration, prescribe medicine, magnetism, or electricity in the treatment of disease, injury, or deformity of human beings; (3) those who, for pecuniary or valuable consideration, employ surgical or medical means or appliances for the treatment of disease, injury, or de

1 FORMER PRACTITIONERS.-Holders of certificates theretofore granted by the board of examiners existing by the appointment of the California State Medical Society of Homœopathic Practitioners were excused by the Act 1877-78, c. 918. s. 7, from obtaining new certificates. The former acts were repealed by

the present law, and, it might be contended, that this provision was thereby repealed; and that only those former practitioners who had obtained certificates under the repealed law are now entitled to practise without complying with the present law.

formity of human beings, except dealers in surgical, dental, and optical appliances; (4) those who, for a pecuniary or valuable consideration, prescribe or use any drug or medicine, appliance, or medical or surgical treatment, or perform any operation for the relief or cure of any bodily injury or disease (ib., s. 16).

EVIDENCE.-The doing of any of the acts in this section mentioned shall be taken to be prima facie evidence of an intent, on the part of the person doing any of said acts, to represent himself as engaged in the practice of medicine or surgery, or both (ib., s. 16).

EXCEPTION.-The act does not inhibit service in the case of emergency, or the domestic administration of family remedies; nor apply to any commissioned medical officer in the United States army, navy, or marine hospital service, in the discharge of his professional duties; nor to any legally qualified dentist when engaged exclusively in the practice of dentistry; nor to any physician or surgeon from another State or Territory, when in actual consultation with a legal practitioner of this State, if such physician or surgeon is at the time of such consultation a legal practitioner of medicine or surgery in the State or Territory in which he resides; nor to any physician or surgeon residing on the border of a neighboring State, and duly authorized under the laws thereof to practise medicine or surgery therein, whose practice extends within the limits of this State, provided such practitioner do not open an office, or appoint a place to meet patients, or receive calls within the limits of this State (ib., s. 16).

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FEES.-To secretary of board from each applicant for a certificate, $20 (ib., s. 5). To secretary of board for subpoena for witness, 20 cents (ib., s. 10).

OSTEOPATHY.-Any person practising osteopathy must possess the qualifications required by c. 99, Laws 1901 (Laws 1901, c. 99, s. 1).

OSTEOPATHY-BOARD OF EXAMINERS.-The Osteopathic Association of the State of California is required to appoint a

1 An emergency is a case where the services of a qualified physician are not readily obtainable; not a case where a sick person has been given up as incurable, and in the latter case services, though gratui

tous, are not within the exception. People v. Lee Wah, 71 Cal., 80.

2 See supra, p. 196 (s. 5) for fees of those who fail in examination and are re-examined.

board of examiners known as the State Board of Osteopathic Examiners. It consists of five qualified practising resident osteopaths, each a graduate of a legally authorized college of osteopathy (ib., s. 2). The board is required to hold meetings for examination at the State capitol, or at some regularly conducted and legally authorized college of osteopathy within the State, on the third Tuesday of February and July in each year, and such other meetings as may be deemed necessary, each session not to exceed three days, and shall issue a certificate of qualification to all applicants having a diploma, or who pass the required examinations under sec. 4 (ib., s. 3).

OSTEOPATHY-CERTIFICATE.-The certificate issued by the board is conclusive as to the rights of the lawful holder to practise osteopathy in the State (ib., s. 3).

OSTEOPATHY-REGISTER.-The board is required to keep a record of all applicants for a license, with his or her name, age, time spent in study and practice of osteopathy, name and location of college of osteopathy from which applicant holds a diploma, and a register showing the names of all applicants licensed or rejected under this act (ib., s. 3).

OSTEOPATHY-QUALIFICATION.—It is unlawful to practise osteopathy in the State without a license from said board.

Persons practising osteopathy in the State prior to the passage of the act and holding a diploma from a legally authorized college of osteopathy of good repute, may be licensed to practise osteopathy in the State by submitting to the said board such a diploma, and satisfying the board that they are the legal holders thereof, or by undergoing an individual examination in anatomy, physiology, chemistry, histology, pathology, gynecology, obstetrics, and theory and practice of osteopathy, and such other branches as the board deem advisable.

All persons after August 1st, 1901, desiring to commence the practice of osteopathy in the State, must apply to the board for a license, and at the time and place designated by the board, or at a regular meeting, must submit a diploma from a legally incorporated college of osteopathy recognized by the board. Upon compliance with this act, the board shall grant a license to the applicant to practise osteopathy in the State, such license to be granted by consent of not less than three members of the board (ib., s. 4).