Barton v. Schmershall

Citations

• 21 Idaho 562
• 122 P. 385
• 1912 Ida. LEXIS 127

Syllabus

<p>Physicians — License to Practice Within the State — Power of Board of Examiners.</p> <p>(Syllabus by the court.)</p> <p>1. Under the provisions of an act approved March 3, 1899, Laws of 1899, p. 192, entitled “An act to regulate the practice of medicine and surgery within the state of Idaho, . . . . ” discretionary power is conferred upon the board of examiners to determine the questions of fact presented by an application for license, and the board may either grant or refuse a license according to the judgment of the board.</p> <p>2. The legislature of this state has the power to regulate the practice of medicine and surgery within the state, and in doing so the legislature may require applicants to practice medicine and surgery to pass an examination, under the supervision of an examining board, and such board may be given power to determine the qualifications of the applicant to receive a license, and the action of such board may be reviewed only in the manner and for the purpose provided by the statute.</p> <p>3. In determining the qualification of an applicant for license to practice medicine, without examination, as provided by see. 1342, Eev. Codes, as amended by Laws of 1909, p. 192, the state board of examiners is required to determine the following questions of fact: ifirst, that the applicant has been licensed to practice medicine by a similar board of another state; that is, whether the applicant has been licensed and whether it was by a board similar to the examining board of this state; second, that the applicant holds a certificate of registration showing that an examination has been made by a proper board of any state in which an average grade of not less than eighty per Cent was awarded to the holder thereof; third, that the applicant was the legal possessor of a diploma from a medical college in good standing in any such state, which said diploma may be accepted in lieu of an examination as evidence of qualification; fourth, that the scope of th