Appeal from the Superior (now Circuit) Court of Cook County;
the Hon. DONALD S. McKINLAY, Judge, presiding. Reversed and
MR. JUSTICE KLUCZYNSKI DELIVERED THE OPINION OF THE COURT.
This is an appeal from a judgment of the superior court ordering that a writ of mandamus issue directing defendants to certify plaintiff as a person authorized to practice medicine in all its branches in the State of Illinois, without examination, on the basis of the reciprocity provisions of the Medical Practice Act (Ill Rev Stats 1961, c 91).
From the uncontroverted evidence it appears that petitioner, Clara Goldfarb, on April 20, 1944, became a naturalized United States citizen. She studied medicine at Loyola University at Bologna, Italy, and graduated in 1938. After spending one year doing postgraduate work in Vienna, she came to the United States. She worked as a resident physician at the Hospital for Women and Children in New Orleans, and the Brooklyn Women's Hospital in New York, spending about a year and a half at each institution. During this period she served a one year internship at Endicott, New York.
The petitioner subsequently came to Chicago and in 1956 was a resident at Weiss Memorial Hospital. She is presently a resident physician in psychiatry at the Hines Veteran Administration Hospital, a position she has held for the last fifteen months.
Prior to 1961, and while residing in Chicago, Dr. Goldfarb attempted the Illinois examination for licensure to practice medicine in all its branches. Although she passed the clinical aspects, she failed the written examination on nine separate occasions.
In July 1961 petitioner took and passed the Ohio medical examination and in August of that year was licensed by that State. In October 1962 she applied for a medical license in Illinois without examination on the basis of reciprocity with Ohio. In August 1962 the Department noted that the Ohio requirements for license were not substantially equivalent to those in Illinois, as required by the Medical Practice Act, as one of the conditions precedent for issuing a license based on reciprocity (Ill Rev Stats 1961, c 91, § 14-3(b)).
The discrepancy in standards was caused by the fact that in Illinois, by department rule V-3, an applicant must receive a grade of at least 60 in every subject and an overall average of 75. Ohio, while maintaining the same overall grade requirement of 75, has no minimum standard on any particular subject. In her Ohio examination petitioner received an overall average of 76.5 and received no grade lower than 60 in any one subject.
Upon discovery of the discrepancy in requirements, several applications for medical license based upon reciprocity with Ohio were turned down by the Department. Subsequently, correspondence with Ohio was initiated confirming this discovery, and reciprocity with that State was formally terminated by resolution at the November 6, 1962, meeting of the Medical Examining Committee of the Department.
Later, the action in plaintiff's case was reviewed and by letter dated July 10, 1963, she was advised that her application for a license was denied on two grounds:
(1) Reciprocity was terminated with the State of Ohio in the matter of medical registration in November 1962, for the reason that the grade requirements for licensure are not equivalent to those in Illinois; and
(2) A graduate of a foreign medical school under Rule VI, Paragraph 4 of the rules adopted for the administration of the Medical Practice Act is not eligible for reciprocity.
Plaintiff then filed her action for mandamus.
Defendants contend that plaintiff is barred from seeking to review a decision of the department by mandamus since the sole method provided for such review is by way of the Administrative Review Act (Ill Rev Stats 1961, c 110, § 264 et ...