Changes

Logan’s bill was not the only one presented that year. The San Francisco Medical Society also proposed a similar law, but that one authorized the creation of a “Board of Medical Examiners.” This board would be composed of seven practicing physicians who would be responsible for evaluating diplomas and conducting a “critical examination” of all medical licensing applicants. If an applicant presented a valid diploma and passed the licensing exam, the board would confirm the identity of each applicant to ensure that they were not practicing under an assumed name. The <i>Sacramento Daily Union</i> questioned whether it was necessary for every physician who wanted to practice in the state. The <i>Union</i> argued that it would be inappropriate for a select group of California physicians to question the judgments of American medical schools and “the Medical Colleges of Europe.” The editors of the Union believed that California lacked physicians who possessed either the skill or credibility to question these august institutions. They argued that California would be better served if they relied on these schools to furnish “evidence of competency” for the prospective physicians.<ref> “Legislation Against Quackery,” <i>Sacramento Daily Union</i>, Volume 1, Number 232, Nov. 12, 1875: 2.</ref>

====Passing Medical Licensing====

====Efforts to Amend the Licensing Law====

One of the most consistent problems faced by licensing laws was that as soon as they were passed, special interest groups immediately sought to amend them in the next legislative session. Sometimes these amendments were proposed by Regular or Irregular medical societies, but often they were proposed to benefit a class of medical specialists who were disadvantaged by the existing law. There was a wide range of amendments proposed in states around the country to help itinerant physicians, unrecognized specialties, or some other group. California was no different.

Even though the law was passed with overwhelming support from the state’s Regulars and Irregulars, Ira Oatman, Chairman of the Committee on Medical Legislation for the California State Medical Society, fought tooth and nail “to defeat” subsequent legislation that upset the original compromise. Oatman often worked with several other state medical societies to defeat any and all proposals to amend the licensing law from the Regular society. In 1878, Oatman was faced with multiple bills that sought to upend the state’s law. There were so many proposed alterations and amendments to the licensing, and Oatman admitted that he struggled to keep abreast of all the proposals. Oatman’s struggle was not unique. After licensing laws were passed, legislators constantly sought to tinker with them.'

The California law not only required examinations of all applicants, the new law explicitly, but it created separate Regular, Eclectic, and Homeopathic boards. Each of these boards was explicitly tied to the state board for each sect. Additionally, the medical societies retained the right to change the members without interference from the governor’s office. This effectively prevented any additional medical sects from creating their own medical examining boards, thereby establishing a medical cartel among the three dominant sects. Additionally, the law was altered to give the medical societies more money for examinations. Physicians who submitted false diplomas would be fined an additional fifteen dollars by the board. The examining boards also were required to refuse certificates to any applicant accused of unprofessional conduct. Finally, itinerant vendors were required to pay for one-hundred dollars licenses if they wanted to sell any “drugs, nostrum, ointment or appliance of any kind intended for the treatment of disease.” <ref><i>Laws Regulating the Practice of Medicine in the State of California, Passed April Third, 1876, and April First, 1878</i>, (San Francisco, A. L. Bancroft and Company, 1878): 7–11, http://books.google.com/ebooks.</ref> Essentially, Oatman and the CSMS were successful in achieving almost everything they wanted from the 1878 amendments. Additionally, the 1878 bill enabled more rigorous enforcement of the licensing law.

===Conclusion===

Essentially, the three dominant medical sects got what they wanted. All three sects were officially recognized by the state and were given control over the medical marketplace. It also set a precedent that would extend throughout the country over the next 30 years. The three medical sects often worked together create licensing in order to freeze out physicians they believed were substandard. This cooperation would ultimately lead to a breakdown of these sects and their combination during the early 20th century.

====References====

<references/>