REJECTED APPLICANT.—A certificate issued by one board to an applicant
rejected by another within a year is null and void (_ib._, s. 9).
FEES.—To secretary of board, for examining genuine diploma, $5.
If diploma fraudulent or property of another, $20 (Act 1877-78, c. 576,
s. 3; amending Act 1875-76, c. 518, s. 4).
To county clerk, for recording certificate, usual recording fees (Act
1875-76, c. 518, s. 6).
COLORADO.
BOARD OF EXAMINERS.—The State board of medical examiners is composed
of nine practising physicians of known ability and integrity, graduates
of medical schools of undoubted respectability, six of the regular
school, two of the homœopathic, and one of the eclectic school or
system, appointed by the governor (Mills’ “Annotated Statutes” 1891, s.
3,547).
QUALIFICATION.—Every person practising medicine must possess the
required qualifications. If a graduate in medicine, he must present
his diploma to the State board of medical examiners for verification,
or furnish other evidence conclusive of his being a graduate of a
legally chartered medical school in good standing. The board issues
its certificate, and such diploma or evidence and certificate are
conclusive. If not a graduate of a legally chartered medical school
in good standing, the person must present himself before the board
for examination. All persons who have made the practice of medicine
and surgery their profession or business continuously for ten years,
and can furnish satisfactory evidence thereof to the State medical
examiners, shall receive a license to continue (_ib._, s. 3,550).
Examinations of persons not graduates are made by the State board,
wholly or partly in writing, in anatomy, physiology, chemistry,
pathology, surgery, obstetrics, and practice of medicine (exclusive of
materia medica and therapeutics) (_ib._, s. 3,553).
The holder of a certificate should have it recorded in the office of
the clerk of the county in which he resides, and the record indorsed
thereon, and on removing to another county to practise should procure
an indorsement to that effect on the certificate from the county
clerk, and record this certificate in the county to which he removes
(_ib._, s. 3,554).
The board may refuse certificates to persons convicted of conduct of
criminal nature; and may revoke certificates for like cause (_ib._, s.
3,356).
DEFINITION.—Professing publicly to be a physician and prescribe for
the sick, or attaching to name “M.D.,” or “surgeon” or “doctor” in a
medical sense, is regarded as practising medicine. Gratuitous services
in case of emergency are not prohibited (_ib._, s. 3,557).
PENALTY.—The penalty for violation of the act is a fine of from $50 to
$300, or imprisonment in the county jail from ten days to thirty days,
or fine and imprisonment for each offence; filing or attempting to file
the diploma or certificate of another, or false or forged evidence, is
a felony punishable the same as forgery (_ib._, s. 3,558).
SYSTEM OF MEDICINE.—Certificates are issued without prejudice,
partiality, or discrimination as to schools or systems of practice or
medicine, including the electropathic school (_ib._, s. 3,561).
FEES.—To treasurer of board by graduates and practitioners of ten
years’ standing, $5. By candidates for examination, $10 (_ib._, s.
3,552).
To county clerk, for recording certificate, $1 (_ib._, s. 3,554).
CONNECTICUT.
QUALIFICATION, EXCEPTIONS.—After October 1st, 1893, no person
shall for compensation, gain, or reward, received or expected,
treat, operate, or prescribe for any injury, deformity, ailment,
or disease, actual or imaginary, of another person, nor practise
surgery or midwifery unless or until he has obtained a certificate of
registration, and then only in the kind or branch of practice stated
in the certificate, but the act does not apply to dentists practising
dentistry only, nor to any person in the employ of the United States
Government while acting in the scope of his employment, nor to medical
or surgical assistance in cases of sudden emergency, nor to any
person residing out of the State who shall be employed to come into
the State to assist or consult with any physician or surgeon who has
been registered in conformity with the act, nor to any physician or
surgeon then actually residing out of the State who shall be employed
to come into the State to treat, operate, or prescribe for any injury,
deformity, ailment, or disease from which any person is suffering at
the time when such non-resident physician or surgeon is so employed,
nor to any actual resident of this State recommending by advertisement
or otherwise the use of proper remedies sold under trade-marks issued
by the United States Government, nor to any chiropodist or clairvoyant
not using in his practice any drugs, medicines, or poisons, nor to any
person practising the massage method or Swedish movement cure, sun
cure, mind cure, magnetic healing, or Christian science, nor to any
other person who does not use or prescribe in his treatment of mankind
drugs, poisons, medicine, chemicals, or nostrums (Act 1893, c. 148, s.
1).
Any resident of the State who, at the time of the passage of the
act, was or previously had been actually engaged in the State in the
practice of medicine, surgery, midwifery, or any alleged practice of
healing, may, before October 1st, 1893, file with the State board of
health duplicate statements subscribed and sworn to by him upon blanks
furnished by said board, giving his name, age, and place of birth and
present residence, stating whether he is a graduate of any medical
college or not, and of what college, and the date of graduation, and
if practising under a license from any of the medical societies of the
State, which society and the date of such license and the length of
time he has been engaged in practice in the State, and also elsewhere,
and whether in general practice or in a special branch of medicine or
surgery, and what branch. On receipt of such statements, the board
shall issue a certificate of registration which shall state the kind or
branch of practice in which he is engaged (_ib._, s. 2).
Any person who shall, subsequent to October 1st, 1893, file with said
board such duplicated statements, showing that he is a graduate of
a medical college recognized as reputable by any chartered medical
society of the State, shall receive a certificate of registration which
shall state the kind or branch of practice in which the person named
therein is engaged or is to be engaged (_ib._, s. 3).
Any person residing in any town in another State which town adjoins
the boundary line of Connecticut, who was actually engaged in such
town, at the time of the passage of the act, in the practice of
medicine, surgery, or midwifery, or any branch of practice, may before
October 1st, 1893, obtain from the said board a like certificate on
filing such duplicated statements also showing that he is entitled to
such certificate under this section (_ib._, s. 4).
Except as above provided, no person shall after October 1st, 1893,
obtain a certificate of registration until he has passed a satisfactory
examination before a committee appointed by said board, nor until he
has filed with the said board duplicate certificates as aforesaid,
signed by a majority of one of said examining commissioners, stating
that they have found him qualified to practise either medicine,
surgery, or midwifery, and any person filing said certificates shall
receive from said board a certificate of registration (_ib._, s. 5).
The State board of health, in January, 1894, is to appoint three
examining commissions, each of five physicians nominated respectively
by the Connecticut Medical Society, the Connecticut Homœopathic
Medical Society, and the Connecticut Eclectic Medical Association, and
recommended by the said societies respectively as persons competent to
serve upon the said examining commissions. Appointments are to be made
thereafter from time to time by similar nominations (_ib._, s. 6 and 7).
The State board of health shall designate when and where the
commissions shall hold examinations, but shall call a meeting of a
commission within thirty days after the receipt of an application for
examination. Applicants shall be examined in anatomy, physiology,
medical chemistry, obstetrics, hygiene, surgery, pathology, diagnosis,
and therapeutics, including practice and materia medica. Each
commission shall frame its own questions and conduct its examinations
in writing, and both questions and answers shall be placed on file with
the board. Each applicant may choose by which of the commissions he
will be examined.
After rejection by any examining commission, the applicant shall not
be eligible to examination by another commission until after the
expiration of twelve months (_ib._, s. 8).
On the receipt of duplicate statements, the board shall transmit one
of them with a duplicate certificate of registration to the town clerk
of the town where the person filing the statement resides, and if he
does not reside in the State to the town clerk of the town in the State
nearest to his place of residence, and said clerk shall record the same
and return them to the person who filed them with the board (_ib._, s.
9).
The secretary of each medical society shall file with the secretary of
the State board of health a list of medical colleges or institutions
recognized as legal and reputable by his society or all of such
secretaries may agree upon a single list, and such list may be
corrected from time to time (_ib._, s. 10).
PENALTY.—The violation of sec. 10 shall be a misdemeanor, punishable
with a fine of from $100 to $300 for the first offence, and for each
subsequent offence by a fine of from $200 to $500 or imprisonment in
the county jail for from thirty to ninety days, or both (_ib._, s. 11);
swearing falsely to a statement is perjury (_ib._, s. 12).
FEES.—To the State board of health, on filing statements or
certificates, $2 (_ib._, s. 2, 3, 4, 5).
To examining commission, before examination, their expenses not
exceeding $10 (_ib._, s. 8).
To the town clerk, by State board of health out of the amount paid to
it, for recording, 25 cents (_ib._, s. 9).
DELAWARE.
QUALIFICATION.—It is unlawful to practise medicine or surgery without
a license (Laws 1887, vol. 18, c. 35, s. 1, as amended by Laws 1889,
vol. 18, c. 518).
The medical board of examiners for the State must grant a license
to any person applying therefor who shall produce a diploma from
a respectable medical college, or shall, upon full and impartial
examination, be found qualified for such practice (Rev. Stats., c. 47,
s. 3). The board consists of as many fellows of the Medical Society of
Delaware as the society deems proper (_ib._, s. 3).
The clerk of the peace of a county, on presentation of a license
issued by the board of examiners of the Homœopathic Medical Society
of Delaware State and Peninsula, under its corporate seal, signed by
its president and countersigned by its secretary, or of the license
provided by sec. 3, c. 47, of the Revised Statutes, or on the affidavit
of a person that he or she has practised medicine or surgery for eight
years continuously in the State, and upon such person registering his
name, the date of his graduation and college (if a graduate), and his
place of intended residence, must issue a license (_ib._, s. 2).
A person opening a transient office or assigning a transient office
by printed or written advertisement, must comply with the foregoing
provisions and pay special license fee for a license good only for one
year (Laws 1887, vol. 18, c. 35, s. 5).
PENALTY.—The violation of this law is a misdemeanor punishable by a
fine of from $100 to $300 (_ib._, s. 7).
EXCEPTIONS.—The present law exempts those who complied with the Act of
April 19th, 1883, and also regular practitioners of another State in
consultation with a lawful practitioner of medicine and surgery of this
State (_ib._, s. 4, 6).
FEES.—To clerk of the peace, for issuing license to practise, $10.50
(Laws 1887, vol. 18, c. 35, s. 4). For issuing annual license for
revenue of the State, $10.50 (Laws, vol. 13, c. 117, as amended, vol.
14, c. 16).
To secretary of board, for license, $10 (Rev. Stats., c. 47, s. 5).
A license fee to practise medicine, for the revenue of the State, is
also required (_ib._, s. 8; vol. 13, c. 117, as amended, vol. 14, Laws,
c. 16).
DISTRICT OF COLUMBIA.
REGISTRATION.—It is the duty of every physician, accoucheur, and
midwife practising medicine, or doing business, to register at the
office of the board of health, giving full name, residence, and place
of business, and in case of removal from one place to another in the
District to make a change in the register (Regulation of Board of
Health, August 28th, 1874, s. 8, legalized by resolution of Congress,
No. 25, s. 2, April 24th, 1880).
VIOLATION.—The violation of the foregoing provision is punishable by a
fine of from $25 to $200 for every offence (_ib._, s. 9).
QUALIFICATION.—All physicians required to register must do so upon a
license from some chartered medical society or upon a diploma from some
medical school or institution (_ib._, s. 11 [First]).
FLORIDA.
BOARDS OF EXAMINERS.—The governor appoints a board of medical
examiners for each judicial circuit, and a board of homœopathic
examiners for the State (Rev. Stats., 1892, s. 801).
The circuit board is composed of three practising physicians of known
ability, graduates in good standing of a medical college, recognized
by the American Medical Association, residents of the circuit;
the homœopathic board is composed of three practising homœopathic
physicians of known ability, graduates in good standing of a medical
college recognized by the American Institute of Homœopathy (_ib._, s.
802).
QUALIFICATION.—It is the duty of the board of examiners to examine
thoroughly every applicant, upon the production of a medical diploma
from a recognized college, upon anatomy, physiology, surgery,
gynæcology, therapeutics, obstetrics, and chemistry, but no preference
is given to any school of medicine; and it is the duty of the board of
homœopathic medical examiners to examine thoroughly every applicant,
upon the production of his diploma from a college recognized by the
American Institute of Homœopathy, on anatomy, physiology, surgery,
gynæcology, materia medica, therapeutics, obstetrics, and chemistry,
but no preference is given to any school of medicine (Rev. Stats.,
1892, s. 806).
When the board is satisfied as to the qualifications of the applicant,
they grant a certificate which entitles him to practise medicine in any
county, when recorded (_ib._, s. 807). Any two members of the board
may grant a certificate. Any member may grant a temporary certificate,
upon examination, until the next regular meeting, at which time the
temporary certificate ceases to be of effect (_ib._, s. 808). Before he
shall be entitled to practise, the certificate must be recorded in the
office of the clerk of the circuit court of the county in which he may
reside or sojourn; and the clerk must certify thereon, under official
seal, the fact and date of the record, and return the certificate
(_ib._, s. 809).
A practitioner engaged in the practice of medicine in any department
prior to May 31st, 1889, upon the production of a diploma from a
medical college recognized by the American Medical Association, is
granted a certificate, without further examination and without charge
(_ib._, s. 811).
EXCEPTIONS.—This act is not applicable to persons who have complied
with prior laws, nor to females practising midwifery, strictly as such.
No other person shall practise medicine in any of its branches or
departments, without having obtained and recorded a certificate (_ib._,
s. 812).
PENALTY.—Practising as a physician without a certificate is punishable
by imprisonment not exceeding six months, or a fine not exceeding $200
(_ib._, s. 2,669).
FEES.—To clerk, legal fee for recording (_ib._, s. 809).
To board, $10 from each applicant whether certificate granted or not
(_ib._, s. 810).
GEORGIA.
The Code of 1882, s. 1,409 (_a_) as amended by chap. 413, Laws 1882-83,
provides that—
QUALIFICATION.—No person is to practise medicine, unless he was
theretofore legally authorized, or is hereafter authorized by a diploma
from an incorporated medical college, medical school or university, or
has after attending one or more full terms at a regularly chartered
medical college, been in active practice of medicine since the year
1866, or was by law authorized to practise medicine in 1866, and by
compliance with the statute.
DEFINITION.—To “practise medicine” means to suggest, recommend,
prescribe, or direct, for the use of any person, any drug, medicine,
appliance, apparatus, or other agency, whether material or not
material, for the cure, relief, or palliation of any ailment or disease
of mind or body, or for the cure or relief of any wound, fracture, or
other bodily injury, or any deformity, after having received or with
the intent of receiving therefor, either directly or indirectly, any
bonus, gift, or compensation (_ib._, s. 1,409 [_b_]).
REGISTRATION.—Every person now lawfully engaged in practice must
register on or before December 1st, 1881; every person hereafter duly
qualified shall, before commencing to practise, register in the office
of the clerk of the superior court of the county wherein he resides and
is practising, or intends to practise, his name, residence, and place
of birth, together with his authority; he shall subscribe or verify,
by oath or affirmation, before a person duly qualified to administer
oaths under the laws of this State, an affidavit containing such facts,
and whether such authority is by diploma or license, and the date of
the same, and by whom granted, which shall be exhibited to the county
clerk, before the applicant is allowed to register, and which, if
wilfully false, is punishable as false swearing (_ib._, s. 1,409 [_c_]).
REMOVAL.—A registered physician changing his residence from county
to county must register in the clerk’s office of the county to which
he removes and wherein he intends to reside and to practise medicine
(_ib._, s. 1,409 [_d_]).
PENALTY.—The violation of this law or practising, or offering to
practise, without lawful authority, or under cover of a diploma or
license illegally obtained, is a misdemeanor, punishable by a fine of
from $100 to $500, or imprisonment from thirty to ninety days, or both
(_ib._, s. 1,409 [_e_]).
EXCEPTIONS.—Commissioned medical officers of the United States army or
navy, or United States marine hospital service, and women practising
only midwifery, are not affected (_ib._, s. 1,409 [_f_]).
MEDICAL BOARDS.—All medical boards are abolished, and only the
qualifications of practitioners of medicine set forth above are
required (_ib._, s. 1,409 [_g_]).
FEES.—To county clerk, fifty cents for each registration (_ib._, s.
1,409 [_c_]).
TAX.—On practitioners of physic, $5 per annum (_ib._, s. 809).
IDAHO.
QUALIFICATION.—No person can lawfully practise medicine or surgery who
has not received a medical education, and a diploma from a regularly
chartered medical school, having a _bona fide_ existence when the
diploma was granted (Rev. Stats., 1887, s. 1,298).
A physician or surgeon must file for record with the county recorder
of the county in which he is about to practise, or where he practises,
a copy of his diploma, at the same time exhibiting the original, or
a certificate from the dean of a medical school certifying to his
graduation (_ib._, s. 1,298 [_a_]).
When filing the copy required, he must be identified as the person
named in the papers, by the affidavit of two citizens of the county, or
by his affidavit taken before a notary public or commissioner of deeds
for this State; and the affidavit is filed in the office of the county
recorder (_ib._, s. 1,298 [_b_]).
PENALTY.—Practising without complying with the act is a misdemeanor,
punishable by a fine of from $50 to $500, or imprisonment in a county
jail from thirty days to six months, or both fine and imprisonment for
each offence.
Filing or attempting to file as his own the diploma or certificate of
graduation of another, or a forged affidavit of identification, is a
felony; subject to fine and imprisonment (_ib._, s. 1,298 [_c_]; _ib._,
s. 6,312).
EXCEPTIONS.—The act is not applicable to a person in an emergency
prescribing or giving advice in medicine or surgery, in a township
where no physician resides within convenient distance, nor to those
who have practised medicine or surgery in this State for ten years
preceding the passage of this act, nor to persons prescribing in their
own families, nor to midwifery in places where no physician resides
within convenient distance (_ib._, s. 1,298 [_e_]; as amended by Act of
February 7th, 1889).
FEES.—No special fees are enumerated in the statute. The county
recorder’s fees for services are prescribed in Rev. Stats., 1887, s.
2,128.
ILLINOIS.
QUALIFICATION.—No person can lawfully practise medicine in any of
its departments unless he possesses the qualifications required. If a
graduate in medicine, he must present his diploma to the State Board
of Health for verification as to its genuineness. If the diploma is
found genuine, and from a legally chartered medical institution in good
standing, and if the person named therein be the person claiming and
presenting the same, the board must issue a certificate conclusive as
to his right to practise medicine. If not a graduate, the person must
present himself before the said board and submit to examination, and
if the examination is satisfactory the board must issue certificate
(Laws 1887, p. 225, s. 1).
The verification of a diploma consists in the affidavit of the holder
and applicant that he is the person therein named. The affidavit may be
taken before any person authorized to administer oaths, and attested
under the hand and official seal of such officer (if he have a seal).
Swearing falsely is perjury. Graduates may present their diplomas and
affidavits by letter or proxy (_ib._, s. 3).
All examinations of persons not graduates or licentiates are made by
the board; and certificates authorize their possessor to practise
medicine and,surgery (_ib._, s. 4).
The certificate must be recorded in the office of the clerk of the
county in which the holder resides within three months from its date,
and the date of recording indorsed. Until recorded, the holder cannot
lawfully exercise the rights and privileges conferred. A person
removing to another county to practise must record his certificate in
the county to which he removes (_ib._, s. 5).
Examinations may be wholly or partly in writing and shall be of
elementary and practical character, but sufficiently strict to test the
qualifications of the candidate as a practitioner (_ib._, s. 8).
The board may refuse to issue a certificate to a person guilty of
unprofessional or dishonorable conduct, and may revoke for like causes.
The applicant in case of a refusal or revocation may appeal to the
governor and his decision will be final (_ib._, s. 9).
DEFINITION.—“Practising medicine” is defined as treating, operating
on, or prescribing for any physical ailment of another. The act
does not prohibit services in case of emergency, nor the domestic
administration of family remedies, and does not apply to commissioned
surgeons of the United States army, navy, or marine hospital service in
the discharge of official duty (_ib._, s. 10).
ITINERANT VENDER.—An itinerant vender of drug, nostrum, ointment, or
appliance intended for treatment of disease or injury, or professing
by writing, printing, or other method to cure or treat disease or
deformity by drug, nostrum, manipulation, or other expedient, must pay
a license fee of $100 per month into the treasury of the board. The
board may issue such license. Selling without a license is punishable
by fine of from $100 to $200 for each offence. The board may for cause
refuse a license (_ib._, s. 11).
PENALTY.—Practising medicine or surgery without a certificate is
punishable by a forfeiture of $100 for the first offence, and $200 for
each subsequent offence; filing or attempting to file as his own the
certificate of another, or a forged affidavit of identification, is a
felony, punishable as forgery.
EXCEPTIONS.—The act saves for six months after its passage the right
of persons who have practised continuously for ten years in the State
prior to its passage, to receive a certificate under former act. But
all persons holding a certificate on account of ten years’ practice are
subject to all requirements and discipline of this act in regard to
their future conduct; all persons not having applied for or received
certificates within said six months, and all persons whose applications
have for the causes named been rejected, or their certificates revoked,
shall, if they practise medicine, be deemed guilty of practising in
violation of law (_ib._, s. 12).
PENALTY.—On conviction of the offence mentioned in the act, the court
must, as a part of the judgment, order the defendant to be committed to
the county jail until the fine and costs are paid (_ib._, s. 13).
FEES.—To the secretary of the board, for each certificate to a
graduate or licentiate, $5 (_ib._, s. 2).
For graduates or licentiates in midwifery, $2 (_ib._, s. 2).
To county clerk, usual fees for making record.
To treasury of board, for examination of non-graduates: $20, in
medicine and surgery; $10, in midwifery only.
If the applicant fails to pass, the fees are returned. If he passes, a
certificate issues without further charge (_ib._, s. 7).
INDIANA.
QUALIFICATION.—It is unlawful to practise medicine, surgery, or
obstetrics without a license (Act April 11th, 1885, s. 1).
The license is procured from the clerk of the circuit court of the
county where the person resides or desires to locate to practise; it
authorizes him to practise anywhere within the State; the applicant
must file with the clerk his affidavit stating that he has regularly
graduated in some reputable medical college, and must exhibit to the
clerk the diploma held by him, his affidavit, and the affidavit of two
reputable freeholders or householders of the county stating that the
applicant has resided and practised medicine, surgery, and obstetrics
in the State continuously for ten years immediately preceding the
date of taking effect of this act, stating particularly the locality
or localities in which he has practised during the said period, and
the date and length of time in each locality; or his affidavit and
the affidavit of two reputable freeholders or householders of the
county, stating that he has resided and practised medicine, surgery,
and obstetrics in the State continuously for three years immediately
preceding the taking effect of this act, and stating particularly the
localities in which he practised during the said period, and the date
and length of time in each locality, and that he, prior to said date,
attended one full course of lectures in some reputable medical college.
The clerk must record the license and the name of the college in which
the applicant graduated, and the date of his diploma (_ib._, s. 2, as
amended by Act March 9th, 1891).
A license issued to a person who has not complied with the requirements
of sec. 2, or one procured by any false affidavit, is void (Act April
11, 1885, s. 3).
PENALTY.—Practising medicine, surgery, or obstetrics without a license
is a misdemeanor punishable with a fine of from $10 to $200 (_ib._, s.
4).
No cause of action lies in favor of any person as a physician, surgeon,
or obstetrician who has not prior to the service procured a license;
and money paid or property paid for such services to a person not so
licensed, or the value thereof, may be recovered back (_ib._, s. 5).
EXEMPTIONS.—Women practising obstetrics are exempted from the
provisions of the act (_ib._, s. 4).
FEES.—To clerk, for license, $1.50 (Act April 11th, 1885, as amended
Act March 9th, 1891).
REGISTRATION.—It is the duty of all physicians and accoucheurs to
register their name and post-office address with the clerk of the
circuit court of the county in which they reside (Act 1881, p. 37, s.
10).
FEES.—To the clerk, for registration, 10 cents (_ib._, s. 11).
IOWA.
QUALIFICATION.—Every person practising medicine, surgery, or
obstetrics, in any of their departments, if a graduate in medicine,
must present his diploma to the State board of examiners for
verification as to its genuineness. If the diploma is found genuine,
and is by a medical school legally organized and of good standing,
which the board determines, and if the person presenting be the
person to whom it was originally granted, then the board must issue
a certificate signed by not less than five physicians thereof,
representing one or more physicians of the schools on the board
(_sic_), and such certificate is conclusive. If not a graduate, a
person practising medicine or surgery, unless in continuous practice in
this State for not less than five years, of which he must present to
the board satisfactory evidence in the form of affidavits, must appear
before the board for examination. All examinations are in writing;
all examination papers with the reports and action of examiners are
preserved as records of the board for five years. The subjects of
examination are anatomy, physiology, general chemistry, pathology,
therapeutics, and the principles and practice of medicine, surgery, and
obstetrics. Each applicant, upon receiving from the secretary of the
board an order for examination, receives also a confidential number,
which he must place upon his examination papers so that, when the
papers are passed upon, the examiners may not know by what applicant
they were prepared. Upon each day of examination all candidates are
given the same set or sets of questions. The examination papers
are marked on a scale of 100. The applicant must attain an average
determined by the board; if such examination is satisfactory to at
least five physicians of the board, representing the different schools
of medicine on the board, the board must issue a certificate, which
entitles the lawful holder to all the rights and privileges in the act
provided (Laws 1886, c. 104, s. 1).
The board receives applications through its secretary. Five physicians
of the board may act as an examining board in the absence of the full
board; provided that one or more members of the different schools
of medicine represented in the State board of health shall also be
represented in the board of examiners (_ib._, s. 2).
The affidavit of the applicant and holder of a diploma that he is the
person therein named, and is the lawful possessor thereof, is necessary
to verify the same, with such other testimony as the board may require.
Diplomas and accompanying affidavits may be presented in person or by
proxy. If a diploma is found genuine and in possession of the person to
whom it was issued, the board, on payment of the fee to its secretary,
must issue a certificate. If a diploma is found fraudulent or not
lawfully in possession of the holder or owner, the person presenting
it, or holding or claiming possession, is guilty of a misdemeanor,
punishable with a fine of from $20 to $100 (_ib._, s. 3).
The certificate must be recorded in the office of the county recorder
in the county wherein the holder resides, within sixty days after its
date. Should he remove from one county to another to practise medicine,
surgery, or obstetrics, his certificate must be recorded in the county
to which he removes. The recorder must indorse upon the certificate the
date of record (_ib._, s. 4).
Any one failing to pass is entitled to a second examination within
twelve months without a fee; any applicant for examination, by notice
in writing to the secretary of the board, is entitled to examination
within three months from the time of notice, and the failure to
give such opportunity entitles such applicant to practise without a
certificate until the next regular meeting of the board. The board
may issue certificates to persons who, upon application, present a
certificate of having passed a satisfactory examination before any
other State board of medical examiners, upon the payment of the fee
provided in sec. 3 (_ib._, s. 6, as amended c. 66, Laws 1888, 22 Gen.
Assembly).
The board may refuse a certificate to a person who has been convicted
of felony committed in the practice of his profession, or in connection
therewith; or may revoke for like cause, or for palpable evidence of
incompetency, and such refusal or revocation prohibits such person
from practising medicine, surgery, or obstetrics, and can only be made
with the affirmative vote of at least five physicians of the State
board, in which must be included one or more members of the different
schools of medicine represented in the said board; the standing of a
legally chartered medical college from which a diploma may be presented
must not be questioned except by a like vote (_ib._, s. 7).
DEFINITION, EXCEPTIONS.—Any person is deemed practising medicine,
surgery, or obstetrics, or to be a physician, who publicly professes
to be a physician, surgeon, or obstetrician, and assumes the duties,
or who makes a practice of prescribing, or prescribing and furnishing
medicine for the sick, or who publicly professes to cure or heal by any
means whatsoever; but the act does not prohibit students of medicine,
surgery, or obstetrics from prescribing under the supervision of
preceptors or gratuitous services in case of emergency; nor does it
apply to women at the time of its passage engaged in the practice of
midwifery, nor does it prevent advertising, selling, or prescribing
natural mineral waters flowing from wells or springs, nor does it
apply to surgeons of the United States army, navy, or marine hospital
service, nor to physicians defined therein who have been in practice
in this State for five consecutive years, three years of which must
have been in one locality, provided such physician shall furnish the
State board with satisfactory evidence of such practice and shall
procure a proper certificate, nor to registered pharmacists filling
prescriptions, nor does it interfere with the sale of patent or
proprietary medicines in the regular course of trade (_ib._, s. 8).
PENALTY.—A person practising medicine or surgery without complying
with the act, and not embraced in the exceptions, or after being
prohibited as provided in sec. 7, is guilty of a misdemeanor punishable
with a fine of from $50 to $100, or imprisonment in the county jail
from ten to thirty days (_ib._, s. 9).
Filing or attempting to file as one’s own the diploma of another, or
the certificate of another, or a diploma or certificate with the true
name erased and the claimant’s name inserted, or a forged affidavit of
identification, is forgery (_ib._, s. 10).
FEES.—To county recorder, 50 cents (_ib._, s. 4).
To State board, for certificate to holder of diploma, $2 (_ib._, s. 3).
To secretary of State board, in advance, by candidate for examination,
$10 (_ib._, s. 6).
By practitioner for five years, $2 (_ib._, s. 8).
KANSAS.
QUALIFICATION.—It is unlawful for a person who has not attended two
full courses of instruction and graduated in some respectable school of
medicine, either of the United States or of some foreign country, or
who cannot produce a certificate of qualification from some State or
county medical society, and is not a person of good moral character, to
practise medicine in any of its departments for reward or compensation,
for any sick person; provided in all cases when any person has been
continuously engaged in practice of medicine for ten years or more, he
shall be considered to have complied with the provisions of the act
(Gen. Stats., 1889, s. 2,450).
PENALTY.—Practising or attempting to practise medicine in any of
its departments or performing or attempting to perform any surgical
operation in violation of the foregoing is punishable with a fine of
from $50 to $100; and a second violation, in addition to a fine, is
punishable with imprisonment in the county jail for thirty days; and
in no case wherein the act is violated shall the violator receive a
compensation for services rendered (_ib._, s. 2,451).
KENTUCKY.
QUALIFICATION.—It is unlawful for any person to practise medicine
in any of its branches who has not exhibited and registered in the
county clerk’s office, in the county in which he resides, his authority
to practise, with his age, address, place of birth, and the school
or system of medicine to which he proposes to belong. The person
registering must subscribe and verify by oath before such clerk an
affidavit containing such facts, which, if wilfully false, subjects the
affiant to punishment for perjury (Act 1893, April 10th, s. 2).
Authority to practise shall be a certificate from the State board of
health issued to any reputable physician who is practising, or who
desires to begin to practise, who possesses a diploma from a reputable
medical college legally chartered under the laws of this State, or a
diploma from a reputable and legally chartered medical college of some
other State or country, indorsed as such by said board, or satisfactory
evidence from the applicant that he was reputably and honorably engaged
in the practice of medicine in the State prior to February 23d, 1864.
Applicants may present their credentials by mail or proxy (_ib._, s. 3).
Nothing in the law authorizes any itinerant doctor to register or
practise medicine (_ib._, s. 4).
The board may refuse a certificate to any individual guilty of grossly
unprofessional conduct of a character likely to deceive or defraud the
public, and may, after due notice and hearing, revoke such certificates
for like cause. In cases of refusal or revocation the applicant may
appeal to the governor, whose decision affirming or overruling the
decision of the board shall be final (_ib._, s. 5).
SYSTEMS, EXCEPTIONS.—The law does not discriminate against any
peculiar school or system of medicine, nor prohibit women from
practising midwifery, nor prohibit gratuitous services in case of
emergency, nor apply to commissioned surgeons in the United States
army, navy, or marine hospital service, nor to a legally qualified
physician of another State called to see a particular case or family,
but who does not open an office or appoint a place in the State to meet
patients or receive calls (_ib._, s. 6).
PENALTY.—Any person living in this State or coming into this State who
shall practise medicine or attempt to practise medicine in any of its
branches, or perform or attempt to perform any surgical operation for
or upon any person for reward or compensation in violation of this law,
shall be punished with a fine of $50, and on each subsequent conviction
by a fine of $100 and imprisonment for thirty days, or either, or both;
and in no case where any provision of this law has been violated shall
the violator be entitled to receive compensation for services rendered.
To open an office for such purpose or to announce to the public in any
other way a readiness to practise medicine in any county shall be to
engage in the practice of medicine (_ib._, s. 8).
FEES.—To the county clerk, for all services required, 50 cents (_ib._,
s. 1).
LOUISIANA.
CONSTITUTIONAL PROVISION.—The general assembly must provide for
the interest of State medicine in all its departments, and for the
protection of the people from unqualified practitioners of medicine
(Const. 1879, Art. 178).
QUALIFICATION.—No person is allowed to practise medicine or surgery as
a means of livelihood in any of its departments without first making
affidavit before a judge, justice of the peace, clerk of district
court, or notary public in the parish wherein he resides, of his having
received the degree of doctor of medicine from a regularly incorporated
medical institution of respectable standing, in America or in Europe,
and designating its name and locality, and the date of his diploma;
the degree is manifested by the diploma, and the respectable standing
of the institution is evidenced by the indorsement or certificate of
the State board of health, written on the face of the diploma, and
signed by its secretary; the affidavit must contain the full name of
the person making the same, the date and place of his birth, and the
names of the places where he may have previously practised medicine or
surgery; a record of the diplomas certified must be presented by the
State board of health, and copies thereof, certified by the secretary,
are received in evidence. The State board of health is required
to certify the diploma of any medical institution of credit and
respectability without regard to its system of therapeutics and whether
the same be regular, homœopathic, or eclectic (Act 1882, No. 31, s. 1).
The affidavit required by sec. 1 must be recorded in the office of the
clerk of the district court of the parish; the clerk must certify the
recordation by indorsement on the original affidavit, which the affiant
must transmit to the State board of health; a copy of the original
affidavit, duly certified by the clerk of the court, is admissible in
evidence (_ib._, s. 2).
EXCEPTIONS.—The provisions of the act do not apply to female
practitioners of midwifery as such, nor to persons who had been
practising medicine or surgery in the State without diplomas for five
years prior to the passage of the act, nor to persons who had been
practising medicine or surgery from a regularly incorporated medical
institution of reputable standing in America or in Europe, for ten
years prior to the passage of the act, provided such a practitioner
make affidavit before a judge, justice of the peace, notary public,
or the clerk of the court of the parish wherein he resides, setting
forth the full name of the affiant, the date and place of his birth,
the date of his diploma, if he have any, the name and locality of the
institution by which it was made, the date and place where he began the
practice of medicine in Louisiana, and the names of the places where he
may have previously practised medicine or surgery such affidavit must
be transmitted or delivered to the State board of health, and entitles
the affiant to be placed on the list of registered physicians or
surgeons. The State board of health must preserve said affidavits, and
a copy signed by the secretary is received in evidence by the courts.
To make a false affidavit is perjury (_ib._, s. 3).
EVIDENCE.—A copy of the affidavit recorded by the clerk of the
district court, certified by him, is _prima facie_ evidence that the
person making the affidavit is a duly registered physician or surgeon,
and a certified copy of the original affidavit filed with the State
board of health, or a certificate emanating from the said board, that
the name of the person mentioned in the certificate is on the list of
registered physicians and surgeons, is conclusive evidence (_ib._, s.
4).
It is the duty of the State board of health to publish annually in the
official journal of the State, and if there is none, in one of the
daily newspapers published in New Orleans, a list of the registered
physicians and surgeons, and their places of residence, and such
published list is evidence in the courts that the person is duly
registered. The board is required to strike from said list the names
of persons convicted of any infamous crimes by any court of this State
or of the United States, or of any State of the United States, whether
prior or posterior to registration; and is empowered to strike from the
list persons who die after registration (_ib._, s. 5).
CIVIL PENALTY.—A practitioner of medicine or surgery failing to comply
with this act shall not be exempt from military or jury duty, nor be
permitted to collect fees for services rendered, nor be allowed to
testify as a medical or surgical expert in legal or State medicine,
in any court, nor to execute any certificate as surgeon or physician,
nor to hold any medical office, nor to be recognized by the State, or
any parish, or municipal corporation, as a physician or surgeon, nor
entitled to enjoy any of the privileges, rights, or exemptions granted
to physicians and surgeons by the laws of this State; and shall forfeit
$100 for each violation, to be recovered in a civil action in the name
of and for the benefit of the Charity Hospital at New Orleans, and in
addition shall be subject to criminal prosecution (_ib._, s. 6).
EXCEPTIONS.—The act is not applicable to practitioners of medicine or
surgery residing and practising in other States, who may be summoned in
special instances to attend patients in the State of Louisiana by any
registered physician (_ib._, s. 7).
PENALTY.—Whoever shall practise or offer to practise medicine or
surgery, for pay, without complying with the foregoing act, is guilty
of a misdemeanor, punishable by a fine of not less than $50 or
imprisonment for not more than three months, or both, at the discretion
of the court (Act 1886, No. 55, s. 1).
No criminal prosecution shall bar the imposition of a fine by civil
process, nor shall the imposition of such fine bar criminal prosecution
(_ib._, s. 2).
EXCEPTIONS.—This act is not applicable to practitioners of medicine or
surgery residing and practising in other States, who may be summoned
in special instances to attend patients in the State by any registered
physician (_ib._, s. 3).
FEES.—To board of health, for every diploma certified, 50 cents
(_ib._, s. 1).
To officer before whom affidavit is made, 50 cents (_ib._, s. 2, 3).
Recording same, $1 (_ib._, s. 2).
To clerk of court, for copy of original affidavit, 50 cents (_ib._, s.
2).
To State board of health, for copy of original affidavit, 50 cents
(_ib._, s. 3).
MAINE.
QUALIFICATION, PENALTY.—No person who has not received a medical
degree at a public medical institution in the United States, or a
license from the Maine Medical Association, shall recover compensation
for medical or surgical services, unless previous to such service he
had obtained a certificate of good moral character from the municipal
officers of the town where he then resided (Rev. Stats., 1883, c. 13,
s. 9).
MARYLAND.
QUALIFICATION.—By the Act of 1892, c. 296, s. 1, 39, it is provided
that every person not now practising medicine and surgery, who shall
hereafter begin to practise medicine and surgery in any of its
departments, shall possess the qualifications required by the act.
There are two boards of examiners, representing the medical and
chirurgical faculty of the State and the State Homœopathic Medical
Society respectively; each consists of seven members, appointed
respectively by those societies, physicians actually engaged in the
practice of medicine, and of recognized ability and honor; but no
physician having a pecuniary interest in the trade of pharmacy can be
appointed (_ib._, s. 2).
Suitable provisions must be made by each examining board to prepare a
schedule of written examination upon anatomy, physiology, chemistry,
surgery, practice of medicine, materia medica and therapeutics,
obstetrics, gynæcology, pathology, medical jurisprudence and hygiene;
the same standard of excellence is required from all candidates; in
therapeutics and practice, the questions must be in harmony with the
tenets of the school selected by the candidate; and the standard
of acquirements therein is established by each board itself. The
examination must be fundamental in character and such as can be
answered in common by all schools of practice (_ib._, s. 1, 42).
Application for license is made in writing to the president of either
board of medical examiners which the applicant may elect, with
satisfactory proof that the applicant is more than twenty-one years of
age, is of good moral character, has obtained a competent common-school
education, and has either received a diploma conferring the degree
of Doctor of Medicine from some legally incorporated medical college
in the United States, or a diploma or license conferring the full
right to practise all the branches of medicine and surgery in some
foreign country, and has also both studied medicine three years and
attended three courses of lectures in different years in some legally
incorporated medical college or colleges prior to the granting of
the diploma or foreign license; two courses of medical lectures both
begun or completed within the same calendar year do not satisfy the
requirement; this condition is not applicable to students who shall be
in their second year in a medical college, nor to physicians practising
at the time of the passage of the act. Such proof is made, if required,
upon affidavit, upon making the application and proof and payment of
the fee. The president of the board, if satisfied, must direct the
secretary to issue an order for examination, and when the applicant
shall have passed an examination as to proficiency satisfactory to the
board, the president must grant a license to practise medicine and
surgery (_ib._, s. 1, 43).
All of the examinations are conducted so that the name, school of
graduation, and preparatory training of the applicant shall not be made
known to the board till his examination papers have been graded. An
applicant receiving a majority of the votes of the board is considered
to have passed a satisfactory examination and is entitled to a license
(_ib._, s. 1, 44).
The board must refuse a license to an applicant radically deficient in
any essential branch. In case of a failure, the candidate must have
the privilege, after the expiration of one year from his rejection, of
another examination by the board to which his application was first
made (_ib._, s. 1, 46).
A license, or a certified copy, must be filed with the clerk of the
circuit court of the county or city in which the licensee may practise;
the number of the book and page containing the recorded copy must be
noted in the body of license.
EVIDENCE.—The records have the same weight as evidence that is given
to the record of conveyances of land (_ib._, s. 1, 48).
EXCEPTIONS.—The act does not apply to commissioned surgeons of the
United States army, navy, or marine hospital service, to physicians
or surgeons in actual consultation from other States, nor to persons
temporarily practising under the supervision of an actual medical
preceptor, nor to a midwife or person who may render gratuitous
services in case of emergency (_ib._, s. 1, 49, 51).
PENALTY.—Practising, or attempting to practise, without a license is
a misdemeanor punishable with a fine of from $50 to $200 for each
offence, with confinement in jail, in default of payment, till fine
and costs are paid; a person so practising is debarred from recovering
compensation (_ib._, s. 1, 50).
FEES.—To secretary of board, before examination, $10 (_ib._, s. 1, 45).
To clerk of court, for registration, $1 (_ib._, s. 1, 48).
MASSACHUSETTS.
In Massachusetts there is no statute upon this subject.
MICHIGAN.
QUALIFICATION.—It is unlawful to practise medicine or surgery or any
branch except dentistry, without the prescribed qualifications and
registration in the office of the county clerk (Laws 1883, c. 167, s.
1).
A person who was practising when the law took effect, and had been
practising continuously for at least five years prior thereto in the
State, is deemed qualified to practise medicine after registration
(_ib._, s. 2, as amended 1887, c. 268).
A graduate of a legally authorized medical college in the State, or
any of the United States, or any other country, is deemed qualified to
practise medicine and surgery in all departments after registration.
A student or undergraduate is not prohibited from practising with
and under the immediate supervision of a person legally qualified to
practise medicine and surgery (_ib._).
A person qualified registers by filing with the county clerk of the
county where he practises, or intends to practise, a sworn statement
setting forth, if actually engaged in practice, the length of time
he has been engaged in such continuous practice; if a graduate of a
medical college, the name and location of the same, when he graduated
and how long he attended the same, and the school of medicine to which
he belongs; if a student or undergraduate, how long he has been engaged
in the study of medicine and where, and if he has attended a medical
college, its name and location and the length of his attendance,
and when, and the name and residence of the physician under whose
instruction he is practising, or intends to practise. The statement is
to be recorded by the clerk (_ib._).
PENALTY.—No person practising medicine, surgery, or midwifery can
collect pay for professional services unless at the time of rendering
such services he was duly qualified and registered (_ib._, s. 4).
Advertising, or holding out to the public, as authorized to practise
medicine or surgery, when not authorized, is a misdemeanor punishable
with a fine of from $5 to $50 for each offence (_ib._, s. 7).
FEES.—To county clerk, for recording statement, 50 cents (_ib._, s. 2).
MINNESOTA.
BOARD OF EXAMINERS.—The governor appoints a board of medical
examiners of nine members, no one of whom can be a member of a college
or university having a medical department, and two of whom must be
homœopathic physicians (Act 1887, c. 9, s. 1).
QUALIFICATION.—Persons commencing the practice of medicine and surgery
in any of its branches must apply to the board for a license, and at
the time and place designated by the board, or at a regular meeting,
submit to an examination in anatomy, physiology, chemistry, histology,
materia medica, therapeutics, preventive medicines, practice of
medicine, surgery, obstetrics, diseases of women and children, of the
nervous system, of the eye and ear, medical jurisprudence, and such
other branches as the board deems advisable, and present evidence of
having attended three courses of lectures of at least six months each;
the examination must be scientific and practical, but of sufficient
severity to test the candidate’s fitness to practise medicine and
surgery. When desired, the examination may be conducted in the presence
of the dean of any medical school or the president of any medical
society of this State. After examination, the board must grant, with
the consent of at least seven members, a license to practise medicine
and surgery, which may be refused or revoked for unprofessional,
dishonorable, or immoral conduct; and in case of refusal or revocation,
the applicant may appeal to the governor (_ib._, s. 3).
The license must be recorded with the clerk of the district court in
the county in which the licensee resides; if he moves into another
county he must procure a certified copy of his license from the said
clerk and file it with the clerk of the district court in the latter
county (_ib._, s. 4).
PENALTY.—To practise without a license is a misdemeanor, punishable
by a fine of from $50 to $100, or imprisonment in county jail from
ten to ninety days, or both. Appending “M.D.” or “M.B.” to name, or
prescribing, directing, or recommending for use any drug or medicine or
other agency for the treatment, care, or relief of any wound, fracture,
or bodily injury, infirmity, or disease, is regarded as practising
medicine.
EXCEPTIONS.—The act is not applicable to dentists (_ib._, s. 6), nor
to commissioned surgeons of the United States army or navy, nor to
physicians or surgeons in actual consultation from other States or
Territories, nor to actual medical students practising medicine under
the direct supervision of a preceptor (_ib._, s. 5).
All persons licensed under the Act of 1883, c. 125, are regarded as
licensed under this act (_ib._, s. 7).
FEES.—To treasurer of board, for examination, $10.
MISSISSIPPI.
QUALIFICATION.—A practitioner of medicine must obtain a license from
the State board of health (Code 1892, s. 3,243).
Application is made in writing; and an examination is made in anatomy,
chemistry, obstetrics, materia medica, physiology, pathology, surgery,
and hygiene, and if the applicant is found by the board to possess
sufficient learning in those branches, and of good moral character, the
board issues a license to practise medicine, signed by each member who
approves (_ib._, s. 3,244).
The application must state the applicant’s full name, place of
residence, and post-office address, nativity and age, time spent in
medical studies, name and post-office address of the preceptor under
whom his medical studies were pursued, the courses of medical lectures
attended, the name of medical schools attended; if a graduate of a
medical college, the name thereof; the time spent in a hospital, the
time spent in the practice of medicine, if any, the school or system of
practice chosen, and references as to his personal character (_ib._, s.
3,245).
Examinations are to be conducted at the capital on the first Tuesday
in April and October annually, and continue until all applicants are
examined and the examinations are approved or disapproved; they are
upon written questions and answers, and no distinction can be made
between applicants because of different systems or schools of practice.
The license must be filed in the office of the clerk of the circuit
court of the county in which the licensee resides, within sixty days
from the date of its issue; otherwise it becomes void. The clerk must
record the same with his certificate of filing and deliver the original
to the licensee. When the licensee changes the county of his residence
and usual practice, he must file the original or a certified copy of
license, or record, in the office of said clerk in the county into
which he shall move and practise within sixty days of the time of his
removal, to be there recorded (_ib._, s. 3,249).
The board may issue a duplicate in place of a lost license (_ib._, s.
3,250).
The secretary of the board may issue a temporary license which shall
be valid until the next succeeding meeting of board, such license to
show its date of issue, otherwise to be void; it must be recorded as a
permanent license is required to be; only one temporary license shall
ever be issued to the same person, and it shall always be made to an
individual and not to a partnership (_ib._, s. 3,251).
Physicians practising by virtue of a license under prior laws are
not required to obtain a license under this law and may continue
in practice under their licenses, but they must comply with the
requirements of this law with reference to recording (_ib._, s. 3,252).
PENALTY.—To practise without an examination and a license is
punishable with a fine of from $20 to $200, or to imprisonment in the
county jail not to exceed thirty days (_ib._, s. 1,258).
EXCEPTIONS.—Females engaged in the practice of midwifery need no
license for that employment (_ib._, s. 3,253).
NON-RESIDENTS.—Licensed physicians residing without the State,
and whose practice extends into it, may obtain a license without
examination by presenting an application in the form prescribed;
whereupon the secretary of the board must issue a license in the
name of the board and the license must be recorded as hereinbefore
provided, in each county in which the licensee shall practise (_ib._,
s. 3,254).
FEES.—To board, before examination, $10.
To secretary, before examination, 25 cents (_ib._, s. 3,247).
To secretary, for temporary license, 25 cents (_ib._, s. 3,251).
To secretary, for license to non-resident, 25 cents (_ib._, s. 3,245).
To the clerk of the court, for recording, his legal fees (_ib._, s.
3,249).
MISSOURI.
QUALIFICATION.—Every person practising medicine and surgery, in any
of their departments, must possess the qualifications required. If a
graduate of medicine, he must present his diploma to the State board of
health for verification as to its genuineness. If the diploma is found
to be genuine, and the person named therein to be the person claiming
and presenting the same, the board must issue a certificate which is
conclusive of the right to practise. If not a graduate, he must submit
to such examination as the board shall require, and if the examination
is satisfactory to the examiners the board must issue its certificate
in accordance with the facts, and the holder shall be entitled to all
the rights and privileges herein mentioned (Rev. Stats., 1889, s.
6,871).
The board must issue certificates to all who furnish satisfactory
proof of having received a diploma or license from a legally chartered
medical institution in good standing, of whatever school or system of
medicine, and shall not make any discrimination against the holders of
genuine licenses or diplomas under any school or system of medicine
(_ib._, s. 6,872).
The verification of a diploma consists in the affidavit of the holder
and applicant that he is the lawful possessor of the same, and the
person therein named; the affidavit may be taken before any person
authorized to administer oaths, and shall be attested under the hand
and official seal of such officer, if he have a seal. Graduates may
present their diplomas and affidavits by letter or proxy (_ib._, s.
6,873).
All examinations are made directly by the board, and the certificates
authorize the possessor to practise medicine and surgery in the State
(_ib._, s. 6,874).
The certificate must be recorded in the office of the county clerk of
the county in which the holder resides and the record must be indorsed
thereon; a person moving to another county to practise must procure an
indorsement to that effect on the certificate from the said clerk, and
have the certificate recorded in the office of the clerk of the county
to which he removes (_Ib._, s. 6,875).
Examinations may be made wholly or partly in writing and must be of an
elementary and practical character, but sufficiently strict to test the
qualifications of the candidate as a practitioner (_Ib._, s. 6,877).
The board may refuse a certificate to an individual guilty of
unprofessional or dishonorable conduct, and may revoke a certificate
for like causes after giving the accused an opportunity to be heard
(_Ib._, s. 6,878).
DEFINITION, EXCEPTION.—A person is regarded as practising medicine who
professes publicly to be a physician and to prescribe for the sick,
or who appends to his name “M.D.,” but students are not prohibited
from prescribing under the supervision of a preceptor, and gratuitous
services may be rendered in case of emergency, and the act does not
apply to commissioned surgeons of the United States army or navy or
marine hospital service (_ib._, s. 6,879).
ITINERANT VENDERS.—Every itinerant vender of any drug, nostrum,
ointment, or appliance intended for the treatment of disease or
injury, or who publicly professes to cure or treat disease, injury, or
deformity by any drug, nostrum, manipulation, or other expedient, must
pay a license fee of $100 per month; the violation of this section is a
misdemeanor, punishable with a fine not exceeding $500 or imprisonment
in the county jail not to exceed six months, or both (_ib._, s. 6,880).
PENALTY.—The violation of the provisions of this act is a misdemeanor
punishable with a fine of from $50 to $500, or imprisonment in the
county jail for from thirty to three hundred and sixty-five days, or
both, for each offence; filing or attempting to file the certificate
of another, or a forged affidavit or identification, is a felony
punishable as forgery in the second degree, but the provisions of this
article do not apply to persons who had been practising five years in
the State prior to 1883 (_ib._, s. 6,881).
FEES.—To the secretary of the board, for examining a genuine diploma,
$1.
If fraudulent or not owned by the possessor, $20 (_ib._, s. 6,873).
To the clerk, for recording, the usual fees (_ib._, s. 6,875).
MONTANA.
BOARD OF EXAMINERS.—The governor, with the advice and consent of the
council, appoints seven learned, skilled, and capable physicians who
have been residents for not less than two years, no more than two from
the same county, to constitute the board of examiners (Act of February
28th, 1889, s. 1).
Meetings of the board for examination are required to be held at the
capital and such other central points as the board may select, on the
first Tuesday of April and October in each year, and at other times as
the board may determine. The board must keep a record of all applicants
for a certificate, with their age, time spent in the study of medicine,
name, and the location of all institutions granting to applicants
degrees or certificates of lectures in medicine or surgery, and whether
the applicant was rejected or received a certificate, and the register
is _prima facie_ evidence of matters therein recorded (_ib._, s. 2).
QUALIFICATION.—Every person wishing to practise medicine or surgery
in any of their departments shall do so only upon complying with the
requisites of this act. If a graduate in medicine, he must present
his diploma to the board for verification as to its genuineness. If
it be found genuine and issued by a medical school legally organized
and in good standing, whose teachers are graduates of a legally
organized school, which fact the board determines, and if the person
presenting and claiming the diploma be the person to whom it was
originally granted, the board must issue its certificate, which shall
be conclusive of the holder’s right to practise. Any person coming to
the State may present his diploma to any member of the board, who may
issue a certificate good till the board’s next regular meeting. If
not a graduate, the person must present himself to the board for such
examination as may be required, unless he shall have been in continuous
practice in the State for not less than ten years, of which fact he
must present satisfactory evidence in the form of affidavits to the
board (_ib._, s. 3).
All persons entitled to practise under the ten-year provision and all
persons commencing the practice of medicine and surgery in any of
its branches shall apply to the board for a certificate, and at the
time and place designated by the board, or at the regular meeting, be
examined in anatomy, physiology, chemistry, histology, materia medica,
therapeutics, preventive medicines, practice of medicine, surgery,
obstetrics, diseases of women and children, diseases of the nervous
system, diseases of the eye and ear, medical jurisprudence, and such
other branches as the board may deem advisable, and present evidence of
having practised the required term of ten years, or of having attended
three courses of lectures of at least four months each; the examination
must be both scientific and practical, and of sufficient thoroughness
and severity to test the candidate’s fitness to practise medicine and
surgery. The examination may be held in the presence of the dean of any
medical school or of the president of any medical society of the State.
After the examination, the board must grant to a candidate who is found
qualified, a certificate to practise medicine and surgery. The board
may refuse or revoke a certificate for unprofessional, dishonorable,
or immoral conduct, or may refuse a certificate to any one who may
publicly profess to cure or treat diseases, injuries, or deformities
in such manner as to deceive the public. In cases of refusal or
revocation, the aggrieved applicant may appeal to the district court of
the county of his application (_ib._, s. 4).
Certificates must be recorded within sixty days after their date in the
office of the county recorder in the county where the holder resides;
or in case of removal certificates must be recorded in the county to
which the holder removes. The county recorder must indorse on the
certificate the date of its record (_ib._, s. 5).
EXCEPTIONS.—The act does not apply to midwives of skill and experience
attending cases of confinement, nor to commissioned surgeons of the
United States army or navy in the discharge of their official duties,
nor to physicians or surgeons in actual consultation from other States
and Territories, nor to students practising medicine under the direct
supervision of a preceptor, nor to gratuitous services in cases of
emergency (_ib._, s. 6).
PENALTY.—Violation of the act is a misdemeanor, punishable with a fine
of from $100 to $500, or imprisonment in the county jail from thirty to
ninety days, or both.
DEFINITION.—Any person is regarded as practising within the meaning of
the act who appends “M.D.” or “M.B.” to his name, for a fee prescribes
medicine, operates in surgery, attends in obstetrics, or recommends for
the use of any sick person the use of any drug or medicine or other
agency of treatment, cure, or relief of any wound, fracture, or bodily
injury or disease, as a physician or surgeon (_ib._, s. 7).
RE-EXAMINATION.—Any one failing to pass the examination is entitled to
a second examination within six months without fee (_ib._, s. 8).
FEES.—To the treasurer of the board, for examination, $15 (_ib._, s.
4).
To the secretary of the board, for examination, in advance, $15 (_ib._,
s. 8).
To the county recorder, for recording, the usual fee (_ib._, s. 5).
To the county attorney, for prosecuting a violation, to be charged as
costs, $5 (_ib._, s. 7).
NEBRASKA.
QUALIFICATION.—It is unlawful for any person to practise medicine,
surgery, or obstetrics, or any of their branches, without having
obtained and registered a certificate. No person is entitled to a
certificate unless he be a graduate of a legally chartered medical
school or college in good standing. The qualifications are determined
by the State board of health. The act does not prevent physicians
residing in other States from visiting patients in consultation with
resident physicians who have complied. (Act of 1891, c. 35, s. 7).
A medical school is defined as a medical school or college which
requires a previous examination for admission to its courses of study,
and which requires for granting the degree of “M.D.” attendance on
at least three courses of lectures of six months each, no two of
said courses to be held within one year, and having a full faculty of
professors in anatomy, physiology, chemistry, toxicology, pathology,
hygiene, materia medica, therapeutics, obstetrics, gynæcology,
_principle_ (_sic_) and practice of medicine and surgery, and clinical
instruction in the last two named. But the three-year clause does not
apply to degrees granted prior to July, 1891 (_ib._, s. 8).
A person intending to practise medicine, surgery, or obstetrics must
present his diploma to the said board, with his affidavit that he is
the lawful possessor of the same and has attended the full course of
study required for the degree of “M.D.,” and that he is the person
therein named. Such affidavit may be taken before any person authorized
to administer oaths, and it shall be attested under the hand and
official seal of the official, if he have a seal. False swearing is
perjury (_ib._, s. 9).
If investigation of the diploma and affidavit proves the applicant
entitled to practise, the board issues its certificate, which must be
filed in the office of the county clerk of the county where he resides,
or intends to practise (_ib._, s. 10).
The act gave physicians entitled to practise at the time of its
enactment six months in which to comply with its provisions with
reference to them (_ib._, s. 11).
The secretaries of the board may issue certificates, without a vote of
the board, when the proof upon which certificates are granted may have
been on file in its office for ten days without a vote of the board,
when no protest has been filed, and if, in their opinion, the proof
complies with the act (_ib._, s. 12).
When the holder of a certificate removes to another county, he must
file and record it in the office of the county clerk in the county to
which he removes (_ib._, s. 13).
The board may refuse certificates to persons guilty of unprofessional
or dishonorable conduct, and may revoke for like causes provided they
give the person an opportunity to be heard (_ib._, s. 14).
PENALTY.—No person is entitled to receive any sum of money for
medical, surgical, or obstetrical service unless he shall have complied
with the act (_ib._, s. 15).
Violation of the act is a misdemeanor, punishable with a fine of from
$50 to $300 and costs of prosecution, and a person convicted shall
stand committed till the fine and costs are paid (_ib._, s. 16).
DEFINITION, EXCEPTIONS.—To operate on, profess to heal, prescribe for,
or otherwise treat any physical or mental ailment of another, is to
practise medicine under this act. But it does not prohibit gratuitous
services in cases of emergency, nor apply to commissioned surgeons
in the United States army or navy, nor to nurses in their legal
occupation, nor to the administration of ordinary household remedies
(_ib._, s. 17).
ITINERANT VENDER.—To be an itinerant vender of any drug, nostrum,
ointment, or appliance for the treatment of disease or injury, or for
such an one to publicly profess to cure or to treat disease or injury
or deformity by any drug, nostrum, manipulation, or other expedient,
is a misdemeanor punishable with a fine of from $50 to $100, or
imprisonment in the county jail from thirty days to three months, or
both, for each offence (_ib._, s. 18).
FEES.—To the secretaries of the board of health, for certificate at
time of application, $5.
To the secretaries of the board of health, for taking testimony, same
fees as a notary public is allowed for same service (_ib._, s. 19).
To county clerk, for recording, usual register’s fees for recording
(_ib._, s. 10).
NEVADA.
QUALIFICATION.—No person can lawfully practise medicine or surgery who
has not received a medical education and a diploma from some regularly
chartered medical school having a _bona fide_ existence when the
diploma was granted (Act of 1875, c. 46, s. 1).
A copy of the diploma must be filed for record with the county recorder
of the county in which the person practises, and at the same time the
original, or a certificate from the dean of the medical school of which
he is a graduate, certifying to his graduation, must be exhibited
(_ib._, s. 2).
The person filing a copy of a diploma or a certificate of graduation
must be identified as the person named therein, by the affidavit of two
citizens of the county, or his affidavit taken before a notary public
or commissioner of deeds for this State, which affidavit must be filed
in the office of the county recorder (_ib._, s. 3).
PENALTY.—Practising without complying with this act is a misdemeanor
punishable with a fine of from $50 to $500, or imprisonment in the
county jail from thirty days to six months, or both, for each offence.
Filing a diploma or a certificate of another or a forged affidavit of
identification is a felony (_ib._, s. 4).
EXCEPTIONS.—The act does not apply to a person who in an emergency may
prescribe or give advice in medicine or surgery in a township where
no physician resides, or when no physician or surgeon resides within
convenient distance, nor to those who had practised medicine or surgery
in the State for ten years next preceding the passage of the act, nor
to persons prescribing in their own family (_ib._, s. 6).
NEW JERSEY.
BOARD OF EXAMINERS.—The State board of medical examiners, appointed
by the governor, consists of nine members, persons of recognized
professional ability and honor, five of the old school, three of the
homœopathic, and one of the eclectic, among whom can be no member of
any college or university having a medical department (Act 1890, c.
190, s. 1).
The board must hold meetings for examination at the capital on the
second Thursday of January, April, July, and October of each year and
at such other times as they deem expedient; they shall keep a register
of all applicants for examination, showing the name, age, and last
place of residence of each candidate, the time he has spent in medical
study in or out of a medical school, the names and locations of all
medical schools which have granted the said applicant any degree or
certificate of attendance upon lectures in medicine, and whether the
applicant has been rejected or licensed, and it shall be _prima facie_
evidence of all matters contained therein (_ib._, s. 2).
QUALIFICATION.—All persons commencing the practice of medicine or
surgery in any of its branches must apply to the board for a license.
Applicants are divided into three classes:
1. Persons graduated from a legally chartered medical school not less
than five years before the application.
2. All other persons graduated from legally chartered medical schools.
3. Medical students taking a regular course of medical instruction.
Applicants of the first class are examined in materia medica,
therapeutics, obstetrics, gynæcology, practice of medicine, surgery,
and surgical anatomy; those of the second and third classes are
examined in anatomy, physiology, chemistry, materia medica,
therapeutics, histology, pathology, hygiene, practice of medicine,
surgery, obstetrics, gynæcology, diseases of the eye and ear, medical
jurisprudence, and such other branches as the board may deem advisable;
questions for applicants of the first and second classes are the same
in the branches common to both. The board after January 1st, 1892,
cannot license applicants of the second or third classes without
satisfactory proof that the applicant has studied medicine and surgery
three years, is of good moral character, and over twenty-one years
of age; applicants of the third class, after they shall have studied
medicine and surgery at least two years, can be examined in anatomy,
physiology, chemistry, histology, pathology, materia medica, and
therapeutics; if the examination is satisfactory to all the members of
the board, it may issue a certificate that the applicant has passed a
final examination in these branches, and such certificate, if presented
by the applicant when he shall make application for a license to
practise, shall be accepted by the said board in lieu of examination
in those branches. All examinations shall be both scientific and
practical, but of sufficient severity to test the candidate’s fitness
to practise medicine and surgery (_ib._, s. 3).
All examinations shall be in writing; the questions and answers,
except in materia medica and therapeutics, must be such as can be
answered in common by all schools of practice, and if the applicant
intends to practise homœopathy or eclecticism, the member or members
of the said board of those schools shall examine the said applicant in
materia medica and therapeutics; if the examination is satisfactory,
the board shall issue a license entitling the applicant to practise
medicine. A license shall not be issued unless the applicant passes an
examination satisfactory to all members of the board; the examination
papers kept on file by the secretary of the board are _prima facie_
evidence of all matters therein contained; on refusal of the board to
issue a license for failure on examination, the applicant may appeal
to the governor, who may appoint a medical commission of review of
three members, one from each school of medicine, who shall examine the
examination papers of the applicant and from them determine whether a
license should be issued, and their decision shall be final; if the
said committee by unanimous vote reverse the determination of the
board, the board shall issue a license; the expenses of the appeal are
borne by the applicant (_ib._, s. 4).
The board may, by unanimous vote, refuse or revoke a license for
chronic and permanent inebriety, the practice of criminal abortion,
conviction of a crime involving moral turpitude, or for publicly
advertising special ability to treat or cure disease which, in the
opinion of the said board, it is impossible to cure.
In complaints for violating this section, the accused shall be
furnished with a copy of the complaint and given a hearing before the
said board in person or by attorney (_ib._, s. 5).
A person receiving a license must file it, or a certified copy thereof,
with the clerk of the county in which he resides; and in case of
removal into another county he must procure from the said clerk a
certified copy of the said license, and file it with the clerk in the
county to which he shall remove (_ib._, s. 6).
EXCEPTIONS.—The act does not apply to commissioned surgeons of the
United States army, navy, or marine hospital service, or to regularly
licensed physicians or surgeons in actual consultation from other
States or Territories, or to regularly licensed physicians or surgeons
actually called from other States or Territories to attend cases in
this State, or to any one while actually serving as a member of the
resident medical staff of any legally incorporated hospital or asylum
in this State, or to any person claiming the right to practise in this
State who has been practising therein since before July 4th, 1890,
provided the said right or title was obtained upon a diploma of which
the holder and applicant was lawfully possessed and it was issued by a
legally chartered medical institution in good standing (_ib._, s. 7, as
amended Act 1892, c. 212).
DEFINITION.—Any person is regarded as practising medicine or surgery
who appends “M.D.” or “M.B.” to his name, or prescribes for the use
of any person any drug or medicine or other agency for the treatment,
cure, or relief of any bodily injury, infirmity, or disease (_ib._, s.
8).
PENALTY.—Commencing the practice of medicine or surgery without a
license or contrary to the act is a misdemeanor punishable by a fine of
from $50 to $100, or imprisonment in the county jail from ten to ninety
days, or both (_ib._, s. 9).
FEES.—To the treasurer of the board, for examination, for applicant of
first and second class, $15.
To the treasurer of the board, for examination, for applicant of third
class, $20 (_ib._, s. 4).
To the county clerk, for registering license, 50 cents (_ib._, s. 6).
NEW HAMPSHIRE.
In New Hampshire there is no statute on this subject.
NEW MEXICO.
BOARD OF EXAMINERS.—The board of medical examiners is composed of
seven practising physicians of known ability and integrity, graduates
of some medical school, college, or university duly established under
and by virtue of the laws of the country in which it is situated, four
allopathic members, three homœopathic members, and one eclectic member
(Compiled Laws 1884, s. 2,553).
QUALIFICATION.—Applications for certificates and examinations are made
to the board through their secretary (_ib._, s. 2,555).
The board must examine diplomas as to their genuineness; the
verification consists in an affidavit of the holder and applicant that
he is the lawful possessor of the diploma and the person therein named;
the affidavit may be taken before any person authorized to administer
oaths, and shall be attested under his hand and official seal if he
have a seal. Graduates may present their diplomas and affidavits by
letter or by proxy (_ib._, s. 2,556).
Examinations of persons not graduates or licentiates must be made by
the board, and certificates by a majority of the board authorize the
possessor to practise medicine and surgery (_ib._, s. 2,557).
The certificate must be recorded in the county clerk’s office in every
county in which the holder practises or attempts to practise medicine
or surgery (_ib._, s. 2,558).
When a certificate is filed, the clerk must record it and attach his
certificate thereto, showing the date of filing and recording and the
number of the book and the page of the record (_ib._, s. 2,559).
Examinations of persons not graduates must be made by the board and
may be wholly or partly in writing, in anatomy, physiology, chemistry,
pathology, surgery, obstetrics, and the practice of medicine (exclusive
of materia medica and therapeutics) (_ib._, s. 2,561).
The board may refuse or revoke a certificate to an individual guilty of
unprofessional or dishonorable conduct (_ib._, s. 2,562).
DEFINITION, EXCEPTIONS.—Practising medicine is defined as professing
publicly to be a physician and prescribing for the sick or appending
to a name the letters “M.D.” The act does not prohibit students from
prescribing under the supervision of a preceptor, nor prevent women
from practising midwifery, nor prohibit gratuitous services in cases of
emergency, nor apply to commissioned surgeons or acting surgeons of the
United States army or navy (_ib._, s. 2,563).
PENALTY.—Practising medicine or surgery without complying with the act
is punishable with a fine of from $50 to $500 for each offence; and
filing a diploma or a certificate of another, or a forged affidavit of
identification, is a felony punishable the same as forgery.
EXCEPTION.—The provisions of the act do not apply to those who have
been practising medicine ten years in the Territory (_ib._, s. 2,564,
Act passed 1882).
PROFESSIONAL CONDUCT.—The code of ethics of the United States Medical
Association is the standard, and the rule of decision, concerning
professional conduct (_ib._, s. 2,565).
PENALTY.—Persons unlawfully collecting or receiving fees or
compensation for services as physicians or surgeons in violation of
this act, are liable to the party paying it for double the amount
thereof (_ib._, s. 2,568).
FEES.—To the secretary of the board, from each graduate or licentiate
if the diploma is genuine, $5.
To the secretary of the board, from each graduate or licentiate if the
diploma is fraudulent or not owned by the possessor, $20 (_ib._, s.
2,556).
To clerk of the county, for filing and recording certificate, the usual
fees (_ib._, s. 2,559).
To the secretary of the board, for examination, in advance, $10 (_ib._,
s. 2,561).
NEW YORK.
PROHIBITION.—No person can lawfully practise medicine unless
registered and legally authorized prior to September 1st, 1891, or
unless licensed by the regents of the University of the State of New
York and registered as required by the present law; nor can any person
lawfully practise medicine who has ever been convicted of a felony by
any court, or whose authority to practise is suspended or revoked by
the regents on the recommendation of a State board (Laws of 1893, c.
661, s. 140).
BOARDS OF EXAMINERS.—There are three separate State boards of medical
examiners of seven members each, representing respectively the Medical
Society of the State, the Homœopathic Medical Society of the State, and
the Eclectic Medical Society of the State.
The regents appoint examiners from lists of nominees furnished by
the said societies. Each nominee before his appointment is required
to furnish to the regents proof that he has received the degree of
doctor of medicine from some registered medical school, and has
legally practised medicine in this State for at least five years. If
no nominees are legally before them, the regents may appoint from the
members in good standing of such societies without restriction (_ib._,
s. 141).
At any meeting of the boards of examiners a majority constitute a
quorum, but questions prepared by the boards may be grouped and
edited, or answer papers of candidates may be examined and marked, by
committees duly authorized by the boards and by the regents (_ib._, s.
144).
QUALIFICATION.—The regents are required to admit to examination any
candidate who pays a fee of $25, and submits satisfactory evidence,
verified by oath, if required, that he—
(1) Is more than twenty-one years of age; (2) is of good moral
character; (3) has the general education required in all cases after
August 1st, 1895, preliminary to receiving the degree of bachelor or
doctor of medicine in this State; (4) has studied medicine not less
than three full years, including three satisfactory courses in three
different academic years in a medical school registered as maintaining
at the time a satisfactory standard; (5) has either received the degree
of bachelor or doctor of medicine from some registered medical school
or a diploma or license conferring the full right to practise medicine
in some foreign country.
The degree of bachelor or doctor of medicine shall not be conferred
in the State before the candidate has filed with the institution
conferring it the certificates of the regents that three years before
the date of his degree, or before or during his first year of medical
studies in the State, he had either graduated from a registered college
or satisfactorily completed not less than a three years’ academic
course in a registered academy or high school; or had a preliminary
education considered and accepted by the regents as fully equivalent;
or had passed a regents’ examination in arithmetic, elementary English,
geography, spelling, United States history, English composition, and
physics. Students who had matriculated in a New York medical school
before June 5th, 1890, are exempt from this preliminary education
requirement provided that the degree be conferred before August 1st,
1895.
The regents may in their discretion accept as equivalent for any part
of the third and fourth requirements evidence of five or more years’
reputable practice of medicine, provided such substitution be specified
in the license (_ib._, s. 145).
Each board is required to submit to the regents as required lists of
suitable questions for a thorough examination in anatomy, physiology,
and hygiene, chemistry, surgery, obstetrics, pathology and diagnosis
and therapeutics, including practice and materia medica. From these
lists the regents are required to prepare question papers for all these
subjects, which at any examination are required to be the same for all
candidates, except that in therapeutics, practice, and materia medica
all questions submitted to any candidate shall be chosen from those
prepared by the board selected by that candidate, and shall be in
harmony with the tenets of that school as determined by its State board
of medical examiners (_ib._, s. 146).
Examinations for a license are required to be given in at least four
convenient places in this State at least four times annually in
accordance with the regents’ rules, and exclusively in writing and in
English. Each examination is conducted by a regents’ examiner who shall
not be one of the medical examiners. At the close of each examination
the regents’ examiner in charge is required to deliver the question
and answer papers to the board selected by each candidate, or its duly
authorized committee, and such board, without unnecessary delay, is
required to examine and mark the answers and transmit to the regents an
official report stating the standing of each candidate in each branch,
his general average, and whether the board recommends that a license
be granted. Such report must include the questions and answers and is
filed in the public records of the university. If the candidate fails
on a first examination, he may, after not less than six months’ further
study, have a second examination without fee. If the failure is from
illness or other cause satisfactory to the regents they may waive the
requirement of six months’ study (_ib._, s. 147).
On receiving from a State board an official report that the applicant
has successfully passed the examinations and is recommended for
license, the regents are required to issue to him, if in their judgment
he is duly qualified therefor, a license to practise medicine. The
contents and execution of the license are regulated in detail by the
act.
Applicants examined and licensed by other State examining boards
registered by the regents as maintaining standards not lower than those
provided by this article, and applicants who matriculated in a New
York State medical school before June 5th, 1890, and who shall have
received the degree of “M.D.” from a registered medical school before
August 1st, 1895, may, without further examination, on the payment of
ten dollars to the regents, and on submitting such evidence as they may
require, receive from them an indorsement of their license or diploma
conferring all the rights and privileges of a regents’ license issued
after an examination.
If any person whose registration is not legal because of some error,
misunderstanding, or unintentional omission shall submit satisfactory
proof that he had all the requirements provided by law at the time of
his imperfect registration, and was entitled to be legally registered,
he may, on the unanimous recommendation of a State board of medical
examiners, receive from the regents under seal a certificate of the
facts, which may be registered by any county clerk and shall make valid
the previous imperfect registration.
Before any license is issued, it must be numbered and recorded in a
book in the regents’ office, and its number noted in the license. This
record in all legal proceedings has the same weight as evidence that is
given to a record of conveyances of land (_ib._, s. 148).
Every license to practise medicine is required, before the licensee
begins to practise, to be registered in the county clerk’s office,
where such practice is to be carried on, with his name, residence,
place and date of birth, and the source, number, and date of his
license. Before registering, each licensee is required to file an
affidavit of the above facts, and that he is the person named in
the license, and had, before receiving the same, complied with all
the requisites as to attendance, terms, and amount of study and
examinations required by law and the rules of the university as
preliminary to the conferment thereof; that no money was paid for such
license except the regular fees paid by all applicants therefor; that
no fraud, misrepresentation, or mistake in any material regard was
employed by any one or occurred in order that such license should be
conferred.
Every license, or if lost a copy, legally certified so as to be
admitted as evidence, or a duly attested transcript of the record of
its conferment, shall before registration be exhibited to the county
clerk, who, only in case it was issued or indorsed as a license under
seal by the regents, shall indorse or stamp on it the date and his name
preceded by the words, “Registered as authority to practise medicine
in the clerk’s office,—— County.” The clerk is required thereupon
to give to every physician so registered a transcript of the entries
in the register with a certificate under seal that he has filed the
prescribed affidavit (_ib._, s. 149).