Infante v. Board of Medical Examiners

43 P.R. 311
CourtSupreme Court of Puerto Rico
DecidedApril 8, 1932
DocketNo. 5206
StatusPublished

This text of 43 P.R. 311 (Infante v. Board of Medical Examiners) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Infante v. Board of Medical Examiners, 43 P.R. 311 (prsupreme 1932).

Opinion

Mr. Justice Audrey

delivered tbe opinion of tbe Conrt.

Tbe present appeal was taken by Isidoro Infante from an order of the District Conrt of San Juan discharging an alternative writ of mandamus, issued at the request of the petitioner to compel the Board of Medical Examiners to admit him to examination.

The facts of this case in so far as pertinent are the following: In February, 1929, the appellant applied to tbe Board of Medical Examiners for admission to tbe examinations [312]*312that were to be held the next month, and he attached to his application a diploma of physician and snrgeon issued in 1928 by “The Kansas City University of Physicians and Surgeons,” of Kansas City, Missouri, United States of America. He did not present to the Board a high-school diploma, nor did he submit snch diploma at the hearing of the writ of mandamns; but after the decision appealed from had been entered, he exhibited a diploma issued in his favor by the “Instituto José de Biego,” of San Juan, Puerto Rico, in support of his motion for a reconsideration of such decision.

The appellant began his medical studies in the aforesaid university in September, 1923, after taking a two-year preparatory course in Howard University. The Board of Medical Examiners refused to admit appellant to examination because the university from which he graduated is classified under letter “C” by the Board and by the American Medical Association. According to the evidence introduced at the hearing of the mandamus, only one state of the Union and the District of Columbia admit to examination such graduates, and in the State of Missouri where said university is located, the latter is also classified under the letter “C,” which is the lowest classification.

As to the classification of that university, there is no question in this case, and the appellant does not claim stich classification to be erroneous. The controversy is as to which of the various laws promulgated on the subject is applicable in the case of the appellant, since the requirements provided by them in connection with the admission of candidates for examination as physicians are different. The second ground of appeal rests on this question. We shall disregard the first assignment because it is immaterial, as it is based on an isolated statement made by the judge of the lower court and the appellant has failed to take into consideration other statements showing that the court knew what was the issue involved; so we shall not make any further reference to it.

[313]*313The original statute creating the Board of Medical Examiners in this Island was enacted in 1903 and is published in the Revised Statutes of Puerto Rico, pp. 330-333, together with the amendments made in 1906 and 1911. According to this statute and its amendments, any person wishing to be admitted to examinations on medicine or surgery or any of the branches thereof, must present to the Board a diploma showing that the applicant was graduated from a medical school or institution “in good standing.” This law was in force when in September, 1923, appellant began his studies of medicine in the university at Kansas City, for although Act No. 73 was promulgated on July 30, of that year (Laws of 1923, p. 548), by express provision thereof it did not become effective until November 1st of the same year.

Act No. 73 of 1923 just cited repealed all laws in conflict therewith, and by its section 14 it provided that in order to be admitted to examination as a physician the applicant must present a diploma of physician and surgeon issued by a university or college classified under letters “A” or “B,” according to the classification of the Medical Association, if such college or university is established in the United States. It is stated in the same section that its provisions shall not be applicable to medical students who commenced their studies prior to the date of the taking effect of the act, and that to such students there shall be applied the provisions of the law in force at the time they began their studies in good faith.

Another Act, No. 15 of 1924 (Session Laws, p. 122), by its section 8 amended section 14 of the Act of 1923 in the sense that the applicants for examination as physicians shall present to the Board a diploma issued by a high school requiring a minimum course of four years the standard of which, at least, shall be equal to the standard established for high schools in Puerto Rico by the Department of Education of this Island; proof of having passed not less than a two-[314]*314year course in an authorized college of liberal arts or sciences where extensive studies are required and approved, among other subjects, in organic and inorganic chemistry, advanced physics, advanced biology, and one foreign language; and shall present a diploma or degree of physician and surgeon showing that the applicant has pursued and passed in at least four courses of not less than seven months each during four different years in the medical schools of the United States or of foreign countries registered by the Board and maintaining the highest educational level in subjects pertaining to the profession. It is also provided that, besides its own judgment in the registration of recognized medical schools, the Board shall have power to govern itself in such registration by the classification adopted by the State boards in the United States with which reciprocity is maintained. This section further provides that nothing contained therein shall be applicable to such persons as shall have taken steps before the Board of Medical Examiners of Puerto B-ico for admission to examination prior to the taking effect of the Act, which was approved on July 1, 1924. Such is the law now in force, for even though Act No. 45 of 1927 (Session Laws, p. 246) amended said section 14, a subsequent Act, No. 20 of 1928 (p. 154), re-enacted the said section 14 as amended in 1924, and expressly repealed all laws in conflict therewith.

From the foregoing it appears that the Act of 1923, which required a diploma or degree of physician issued by a university or college classified under the letters “A” or UB,” was promulgated on July 30, before the appellant commenced his studies in September of that year, and that the provision thereof to the effect that it would not be applicable to the applicants who commenced their studies of medicine prior to November 1st, when it would take effect, was modified in 1924 and re-enacted in 1928 in the sense that the new law would not be applicable to such persons as would have taken [315]*315steps before the Board of Examiners for admission to examination before tbe approval of said act in April 19, 1928.

The question to be determined in this case is whether the requisites which the appellant must fulfill in order to be entitled to the examination, and the requirements as to the university which issued the diploma of physician to him, are governed by the Act of 1903 and its amendments, in force in September, 1923, when appellant began his studies of medicine, or by the Act of 1928, in force at the time he applied for the examination.

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43 P.R. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/infante-v-board-of-medical-examiners-prsupreme-1932.