Raaf v. State Board of Medical Examiners

Citations

• 11 Idaho 707
• 84 P. 33
• 1906 Ida. LEXIS 9

Syllabus

<p>State Medical juaw — -Board of Medical Examiners — Powers Quasi Judicial — Applicants for Examination- — Action of Board in Refusing License Mat be Reviewed on Certiorari.</p> <p>1. Under act approved March 3, 1899 (Sess. Laws 1899, 345), known as the state medical law, the state hoard of medical examiners, in the the examination of applicants for a license to practice medicine and surgery, is required to exercise judgment and discretion in granting or refusing a license to such applicant, and in so doing exercises quasi judicial functions.</p> <p>2. The state medical law contains no provision granting the right of appeal from the action of the board of examiners in refusing a license to an applicant, but by the terms of section 9 of the act it is provided that the action of the board in refusing to grant a license under the provisions thereof may be reviewed by the district court on certiorari, provided proceedings therefor be instituted within ten days after notice of such refusal.</p> <p>3. By conferring the right to have the action of the board in refusing to grant a license reviewed as provided in section 9 of the act, the legislature have indicated an intention to limit and confine the authority and jurisdiction of the courts in considering the action of the board to the procedure and scope of investigation and inquiry usually and ordinarily pursued and exercised by the courts in the issuance and consideration of writs of review.</p> <p>4. The legislature has provided for a board of experts learned in medicine-and surgery for the purpose of examining applicants for license to practice within this state, and the language of the medieal act and the purposes and objects thereof preclude any inference that the legislature ever intended that a disappointed applicant might apply to the court and there have his answers re-examined, marked, graded and passed upon as to their correctness by the court.</p> <p>' 5. The courts are open to compel action by the state boa