A practising physician having registered_Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1

practise medicine in one county and removing such practice, or a part

thereof, to another county, or regularly engaged in practice or opening

an office in another county, must show or send by registered mail to

the clerk of such other county his certificate of registration. If

such certificate clearly shows that the original registration was of

an authority issued under seal by the regents, or if the certificate

itself is indorsed by the regents as entitled to registration, the

clerk is required thereupon to register the applicant in the latter

county, and to stamp or indorse on such certificate the date, and his

name preceded by the words, “Registered also in—— County,” and return

the certificate to the applicant (_ib._, s. 150).

Every unrevoked certificate and indorsement of registration is

presumptive evidence that the person named is legally registered.

No person can register any authority to practise medicine unless

issued or indorsed as a license by the regents. No such registration

is valid unless the authority registered constituted at the time of

registration a license under the laws of the State then in force. No

diploma or license conferred on a person not actually in attendance at

the lectures, institution, and examinations of the school conferring

the same, or not possessed, at the time of its conferment, of the

requirements then demanded of medical students in this State as

a condition of their being licensed, and no registration not in

accordance with this article, shall be lawful authority to practise,

nor shall the degree of doctor of medicine be conferred _causa honoris_

or _ad eundum_, nor if previously conferred shall it be a qualification

for practice (_ib._, s. 151).

EXCEPTIONS.—The law does not affect commissioned medical officers

serving in the United States army, navy, or marine hospital service

while so commissioned; or any one while actually serving on the

resident medical staff of any legally incorporated hospital; or any

legally registered dentist exclusively engaged in the practice of

dentistry; or any manufacturer of artificial eyes, limbs, or orthopædic

instruments or trusses in fitting such instruments on persons in

need thereof; or any lawfully qualified physician in other States

or countries meeting legally registered physicians in this State in

consultation; or any physician residing on a border of a neighboring

State and duly authorized under the laws thereof to practise medicine

therein whose practice extends into this State, and who does not open

an office or appoint a place to meet patients or receive calls within

this State; or any physician duly registered in one county called to

attend isolated cases in another county, but not residing or habitually

practising therein (_ib._, s. 152).

PENALTY.—A person practising without lawful registration or in

violation of this article forfeits to the county $50, for each

violation and for every day of unlawful practice. To practise under

a false or assumed name or falsely personate another practitioner

of like or different name is a felony. The violation of the other

provisions of the act, or buying, selling, or fraudulently obtaining

a medical diploma, license, record, or registration, or aiding or

abetting such buying, selling, or fraudulently obtaining, or practising

medicine under cover of a diploma or license illegally obtained, or

signed and issued unlawfully or under fraudulent representation or

misstatement of fact in a material regard, or after conviction of a

felony attempting to practise medicine, or appending “M.D.” to the

name or assuming to advertise the title of doctor in such manner as to

convey the impression that one is a legal practitioner of medicine or

any of its branches without having legally received the medical degree,

is a misdemeanor punishable with a fine of not less than $250, or

imprisonment for six months for the first offence, and for subsequent

offences with a fine of not less than $500 or imprisonment for not less

than one year, or both fine and imprisonment (_ib._, s. 159).

DEFINITIONS.—As used in the article, university means the University

of the State of New York. Medical school means any medical school,

college, or department of a university registered by the regents as

maintaining a proper medical standard and as legally incorporated.

Medicine means medicine and surgery; physician means physician and

surgeon (_ib._, definitions).

FEES.—To regents, for examination, $25 (_ib._, s. 145).

To regents, for license without examination under sec. 148, $10 (_ib._,

s. 148).

To county clerk, for registering affidavit and certificate, $1 (_ib._,

s. 149).

To county clerk, for registration in an additional county, 25 cents

(_ib._, s. 150).

NORTH CAROLINA.

QUALIFICATION.—No person can lawfully practise medicine or surgery, or

any of the branches thereof, nor in any case prescribe for the cure of

disease for a fee or reward unless he shall have been first licensed

(Code 1883, s. 3,122, as amended Act of 1885, c. 117, s. 1).

The board of medical examiners of the State consists of regularly

graduated physicians appointed by the medical society of the State

(_ib._, s. 3,123, 3,126).

The board must examine all applicants for a license to practise

medicine or surgery, or any of the branches thereof, on anatomy,

physiology, surgery, pathology, medical hygiene, chemistry, pharmacy,

materia medica, therapeutics, obstetrics, and the practice of medicine,

and grant to a competent applicant a license or diploma authorizing him

to practise medicine and surgery or any of the branches thereof (_ib._,

s. 3,124).

Where he has not been refused a license by the board, two members of

the board may grant a temporary license to any applicant to continue in

force no longer than the next regular meeting of the board (_ib._, s.

3,125, as amended Act of 1889, c. 181, s. 3).

The board of examiners must assemble when and where the medical society

assembles, which society must assemble at least once a year; the board

must remain in session from day to day till all applicants during the

first five days after its meeting have been examined and disposed of

(_ib._, s. 3,127).

PENALTY, EXCEPTIONS.—A person practising without obtaining a license

from the board shall not be entitled to sue for or recover any medical

bill for services; and a person who has begun the practice of medicine

or surgery in the State for a fee or reward since February 23d, 1885,

without first obtaining such a license, shall in addition be guilty

of a misdemeanor and punishable with a fine of from $25 to $100, or

imprisonment at the discretion of the court for each offence; but the

act does not apply to women pursuing the avocation of midwife, nor to

any reputable physician or surgeon residing in a neighboring State,

coming into this State for consultation with a registered physician

resident therein, except a physician residing in a neighboring State

regularly practising in this State, nor does it apply to physicians who

have a diploma from a regular medical college prior to January 1st,

1880 (_ib._, s. 3,132, as amended Act of 1885, c. 117, s. 2; Act of

1885, c. 261, s. 1; Act of 1889, c. 181, s. 1).

The board may rescind a license upon satisfactory proof that a licensee

has been guilty of grossly immoral conduct (_ib._, s. 3,133).

QUALIFICATION.—Every person practising medicine or surgery in the

State was required before January 1st, 1892, to appear personally

before the clerk of the superior court of the county where he resided

or practised, for registration, and all persons beginning to practise

are likewise to appear and register within thirty days after obtaining

a license (Act of 1889, c. 181, s. 3, as amended Act of 1891, c. 90).

Any person applying for registration must produce and exhibit before

the clerk a license from the board of medical examiners, or make oath

that he was practising medicine or surgery in this State prior to March

7th, 1885, and thereupon the clerk shall register the date, with the

name and residence of the applicant, and shall issue a certificate of

registration. The certificate entitles the recipient to practise in

any county in the State, but if he removes his residence to another

county he must exhibit his certificate to the clerk of such county and

be registered. Persons having a temporary license are not entitled to

1889, c. 181, s. 4, as amended Act of 1891, c. 420).

PENALTY, EXCEPTIONS.—To practise without registration and a

certificate is a misdemeanor punishable with a fine of from $25 to

$100 or imprisonment for each offence, but this act does not apply to

women pursuing the avocation of midwife nor to reputable physicians

or surgeons residing in a neighboring State coming into the State for

consultation with a registered physician of this State (Act of 1889, c.

181, s. 5).

LICENSE FEE.—A license of $10 for each county in which he carries

on business is exacted from every (itinerant?) medical practitioner,

one-half for the use of the county and one-half for the use of the

State; but a State license may be obtained from the State treasurer for

$30 good for twelve months, and he is then exempt from the portion of

above tax due the State (Act 1891, c. 323).

FEES.—To the secretary of the board, before issuing a license or

diploma, $10.

To the secretary of the board, for temporary license, $5 (Code, 3,130).

To clerk of the court, for registration and certificate, 25 cents.

To clerk of the county, for registration on removal, no fee (Act 1889,

c. 181, s. 4).

NORTH DAKOTA.

BOARD OF EXAMINERS.—The governor appoints a State board of examiners

of nine members, eight of whom are practising physicians in good

standing; no member of any college or university having a medical

department shall be appointed. Two members shall be homœopathic

physicians and one a lawyer (Act 1890, c. 93, s. 1).

The board must hold meetings for examination at such place or places

as it may designate on the first Tuesday of January, April, July,

and October of each year, and such other meetings as it may appoint

and must keep a record of its proceedings with a register of every

applicant for a license with his or her age, the time spent in the

study of medicine, and the name and location of all institutions

granting to such applicant a degree or a certificate of lectures

in medicine or surgery, and whether the applicant was rejected or

licensed; and said books and register shall be _prima facie_ evidence

of all matters therein recorded (_ib._, s. 2).

QUALIFICATION.—All persons hereafter commencing the practice of

medicine, surgery, and obstetrics in any of its branches shall apply

to the board for a license, and at the time and place designated

by the board, or at its regular meeting, be examined 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

shall deem advisable, and produce evidence of having attended three

courses of lectures of at least six months each; the examination must

be both practical and scientific, but of sufficient severity to test

the candidate’s fitness to practise medicine, surgery, and obstetrics.

When desired, the said examination may be conducted in the presence

of the dean of any medical school or the president of any medical

society of the State. After examination the board must grant a license

to practise medicine, surgery, and obstetrics; seven members must

consent. The board may revoke or refuse a license for unprofessional,

dishonorable, or immoral conduct, chronic or persistent inebriety, the

practice of criminal abortion, or for publicly advertising special

ability to treat or cure diseases which, in the opinion of the board,

it is impossible to cure. In complaints for violating the provisions

of this section, the accused shall be furnished with a copy of the

complaint, and given a hearing before the board in person or by

attorney. Appeal lies from refusal or revocation to the appointing

power (_ib._, s. 3).

The person receiving a license must file it, or a certified copy, with

the register of deeds where he resides. On removal into another county

he must procure from said register a certified copy of his license and

file it with the register of deeds in the county to which he shall

remove (_ib._, s. 4).

EXCEPTIONS.—The act does not apply to commissioned surgeons of the

United States army or navy, to physicians or surgeons in actual

consultation from other States or Territories, or to actual medical

students practising medicine under the direct supervision of a

preceptor (_ib._, s. 5).

PENALTY.—Practising without a license or contrary to the act is a

misdemeanor punishable with a fine of from $50 to $200, or imprisonment

in a county jail from ten to sixty days, or both.

DEFINITION.—Any person is regarded as practising who appends the

letters “M.D.” or “M.B.” to his name, or who for a fee prescribes,

directs, or recommends for the use of any person any drug or medicine

or other agency for the treatment, cure, or relief of any wound,

fracture or bodily injury, infirmity, or disease (_ib._, s. 6).

FORMER LAW.—The former law is repealed only so far as it is

inconsistent with the foregoing act (_ib._, s. 7).

The former law prohibited persons from practising medicine in any of

its branches unless graduates of a medical college or unless they were

shown by examination to be qualified and had been actually engaged in

practising for at least ten years (Compiled Laws of Dakota, s. 205).

FEE.—To the treasurer of the board, for examination, $20 (Act 1890, c.

93, s. 3).

OHIO.

QUALIFICATION.—No person who is not a graduate of a reputable school

of medicine in the United States or a foreign country, or who cannot

produce a certificate of qualification from a State or county medical

society and is not a person of good moral character, can lawfully

practise or attempt to practise medicine in any of its departments or

prescribe medicine for reward or compensation; except a person who has

been continuously engaged in the practice of medicine for ten years or

more. The law allowed persons in continuous practice for five years

or more, two years to comply with its provisions. In case a person is

a graduate of a school of medicine in any State or foreign country in

which any condition or restriction is imposed by law upon the practice

of medicine by graduates of medical schools in Ohio, he is subject to

the same restrictions or conditions. A person violating this section

is not entitled to any compensation for services (Smith & Benedict’s

Revised Statutes of 1890, s. 4,403).

PENALTY.—Whoever prescribes or practises or attempts to practise

medicine in any of its departments, or performs or attempts to perform

a surgical operation without having attended two full courses of

instruction and graduated at a school of medicine either in this or a

foreign country, or who cannot produce a certificate of qualification

from a State or county medical society, except a person who has been

continuously engaged in the practice of medicine for ten years or more,

is punishable with a fine of from $50 to $100 and for a subsequent

offence with imprisonment for thirty days. Persons in continuous

practice for five years or more were allowed two years to comply with

this act (_ib._, s. 6,992).

OKLAHOMA.

QUALIFICATION.—No person can lawfully practise medicine in any

department unless he be a graduate of a medical college, or unless upon

examination before a board composed of the superintendent of public

health and two other physicians to be selected by the territorial board

of health, he be found proficient in the practice of medicine and

surgery, and shall be found upon proof to have been actually engaged

in the practice of medicine not less than five years. No person shall

practise medicine unless he be of good moral character, and is not an

habitual drunkard.

A person possessing these qualifications shall, on presentation of his

diploma, or proof thereof by affidavit if it be lost or destroyed,

and the affidavit of two reputable citizens from the county where he

resides that the applicant possesses the qualifications of a physician,

as prescribed herein, to the superintendent of public health, receive

from him a license, which shall be recorded in the office of the

OFFENCE.—To practise without complying with this law, or to violate

any of its provisions, is a misdemeanor.

DEFINITION.—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.

EXCEPTIONS.—The law does not prohibit students from prescribing under

the supervision of preceptors, nor prohibit gratuitous services in case

of emergency, nor apply to commissioned surgeons in the United States

army and navy.

CANCELLATION OF LICENSE.—The district court has power on complaint of

a member of the territorial board of health, or the county board of

health where he resides, to cancel any license issued to a person to

practise medicine, where such license was fraudulently obtained, or

where the person to whom it was issued has been guilty of violating any

provision of this act.

FEE.—To superintendent of board of health, for license, $2 (Comp.

Stats., 1893, s. 352).

OREGON.

QUALIFICATION.—Every person practising medicine and surgery in any

of their departments must possess the qualifications required by the

act. If a graduate of medicine he must present his diploma to the board

of examiners for verification as to its genuineness. If found genuine

and the person named therein be the person claiming and presenting

the same, the board issues its certificate, which is conclusive. If

not a graduate, he must submit to an examination as the board shall

require, and if the examination be satisfactory the board issues its

certificate, and the lawful holder is entitled to all the rights and

privileges mentioned in the act (Act February 28th, 1889, s. 1).

The governor appoints three persons from among the most competent

physicians of the State, residents of the State for seven years and of

at least five years’ practical experience in their profession, to be

the board of examiners (_ib._, s. 2).

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 of medicine,

and they are not permitted to make discrimination against holders of a

general license or diploma under any school or system of medicine in

good standing (_ib._, s. 3, as amended February 21st, 1891).

The verification of a diploma consists in an affidavit of the holder

and applicant that he is the person therein named, taken before any

person authorized to administer oaths, attested under the hand and

official seal of the official, if he have a seal; graduates may present

their diplomas and affidavits by letter or proxy. The act allows

persons taking advantage of section 13 ninety days after its passage in

which to procure a certificate (_ib._, s. 4, as amended February 21st,

1891).

All examinations of persons not graduates or licentiates must be made

directly by the board, and certificates authorize the person named to

practise medicine and surgery (_ib._, s. 5).

The holder of a certificate must have it recorded in the office of

the county clerk of the county in which he resides, and the record

must be indorsed thereon. On removal to another county to practise he

must procure an indorsement to that effect on the certificate from the

clerk, and have the certificate recorded in the office of the clerk of

the county to which he removes (_ib._, s. 6).

The examinations may be 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. 8).

The board may refuse a certificate to an individual guilty of

unprofessional or dishonorable conduct, and may revoke for like causes,

after giving the accused an opportunity to be heard in his defence

before the board (_ib._, s. 9).

DEFINITION, EXCEPTIONS.—Any person is regarded as practising medicine

who professes publicly to be a physician and to prescribe for the

sick, or appends to his name the letters “M.D.;” but the act does

not prohibit students from prescribing under the supervision of a

preceptor, nor gratuitous services in cases of emergency, nor does it

apply to commissioned surgeons of the United States army, navy, and

marine hospital service (_ib._, s. 10).

ITINERANT VENDER.—Any itinerant vender of any drug, nostrum, medicine,

ointment, or appliance of any kind intended for the treatment of

disease or injury, who shall publicly profess to cure or treat

diseases, injuries, deformities, or ailments by any drug, nostrum,

medicine, or other appliance, shall pay a license to the Secretary of

the State of $100 per month.

Violation of this section is a misdemeanor punishable by a fine of not

more than $500 or imprisonment in a county jail for not more than six

months, or both. Such licenses to any firm or company do not permit the

transaction of business in different places at the same time (_ib._, s.

11, as amended February 21st, 1891).

PENALTY.—Practising medicine or surgery without complying with the

act is a misdemeanor punishable with a fine of from $50 to $500 or

imprisonment in a county jail from thirty days to three hundred and

sixty-five days, or both, for each offence. Filing or attempting to

file as his own the certificate of another, or a forged affidavit or

identification, is a felony punishable the same as forgery in the

second degree (_ib._, s. 12).

FORMER PRACTITIONERS.—Persons practising in the State at the time of

the passage of the act were allowed sixty days afterward to register

(_ib._, s. 13).

FEES.—To the secretary of the board, for examining a genuine diploma,

$1.

To the secretary of the board, for examining a fraudulent diploma, or a

diploma not owned by the possessor, $20 (_ib._, s. 4).

To the county clerk, for recording certificate, usual fee (_ib._, s.

6).

To board of examiners, for examination, $10 (_ib._, s. 8).

To the Secretary of the State, from itinerant vender, for license, $100

per month (_ib._, s. 11, as amended February 21st, 1891).

PENNSYLVANIA.

[PRESENT LAW.—The following is the law at present in effect; for the

new law which goes into effect hereafter, see below.]

QUALIFICATION.—The standard of a practitioner of medicine, surgery, or

obstetrics consists of a good moral character, a thorough elementary

education, a comprehensive knowledge of human anatomy, human

physiology, pathology, chemistry, materia medica, obstetrics, and

practice of medicine and surgery and public hygiene (Act March 24th,

1877, s. 1).

It is unlawful for any person to announce himself as a practitioner

of medicine, surgery, or obstetrics, or to practise as such, who has

not received in a regular manner a diploma from a chartered medical

school, duly authorized to confer upon its alumni the degree of doctor

of medicine. The act does not apply to a resident practitioner who has

been in continuous practice in the commonwealth for not less than five

years prior to its passage (_ib._, s. 2).

Before any person can lawfully engage in the practice of medicine,

surgery, or obstetrics, or who has not a diploma as provided in sec. 2,

he must make an affidavit under oath, or affirm before the prothonotary

of the county in which he intends to practise, setting forth the time

of continuous practice and the place or places where such practice was

pursued in the commonwealth, and it shall be entered of record (_ib._,

s. 3).

TRANSIENT PRACTITIONER.—Any person attempting to practise medicine

or surgery for a valuable consideration by opening a transient office

within the commonwealth, or by handbill or other form of written or

printed advertisement, assigning such transient office or other place

to persons seeking medical or surgical advice, or prescribing or

itinerating from place to place or from house to house and proposing to

cure any person sick or afflicted, by the use of any medicine, means,

or agency whatsoever, for a valuable consideration, shall before being

allowed to practise in this manner appear before the clerk of the

court of quarter sessions of the county where he desires to practise

and furnish satisfactory evidence to such clerk that this act has been

complied with, and shall take out a license for one year and pay $50

therefor (_ib._, s. 4).

PENALTY.—To violate this act is a misdemeanor punishable with a fine

of from $200 to $400 for each offence (_ib._, s. 5).

QUALIFICATION.—Every person who shall practise medicine or surgery,

or any of their branches, for gain, or shall receive or accept for his

services any fee or reward directly or indirectly, shall be a graduate

of a legally chartered medical college or university having authority

to confer the degree of doctor of medicine (except as provided in

sec. 5), and shall present to the prothonotary of the county in which

he resides or sojourns his medical diploma as well as a true copy

of the same, including any indorsements thereon, and make affidavit

before him that the diploma and indorsements are genuine; thereupon

the prothonotary shall enter in the register the name in full of the

practitioner, his place of nativity, place of residence, the name of

the college or university that has conferred the degree of doctor of

medicine, the year when it was conferred, and in like manner any other

degree or degrees that the practitioner may desire to place on record;

to all of which the practitioner shall make affidavit before the

prothonotary and the prothonotary shall place the copy of the diploma

and indorsements on file (Act June 8th, 1881, s. 2).

Any person whose medical diploma has been destroyed or lost shall

present to the prothonotary of the county in which he resides or

sojourns a duly certified copy of his diploma, but if the same is

not obtainable a statement of this fact, with the names of the

professors whose lectures he attended and the branches of study upon

which each professor lectured, to all of which the practitioner shall

make affidavit before the prothonotary; after which the practitioner

shall be allowed to register and the prothonotary shall place such

certificate or statement on file (_ib._, s. 3).

Any person desiring to commence the practice of medicine or surgery,

having a medical diploma issued by any college, university, society,

or association in another State or foreign country, shall lay the same

before the faculty of one of the medical colleges or universities of

this commonwealth for inspection, and the faculty being satisfied

as to the qualifications of the applicant and the genuineness of the

diploma shall direct the dean of the faculty to indorse the same, after

which such person shall be allowed to register as required by sec. 2

(_ib._, s. 4).

The act extends the privilege of continuing to practise to those who

have been in the continuous practice of medicine or surgery in the

commonwealth since 1871, but such a person must make affidavit to a

written statement of the facts before the prothonotary of the county

in which he resides; and the prothonotary shall enter in the register

the name in full of the practitioner, his place of nativity, place of

residence, the time of continuous practice in the commonwealth, and the

place or places where such practice was pursued, to all of which the

practitioner shall make affidavit, and the prothonotary shall place the

certificate or statement on file in his office (_ib._, s. 5).

PENALTY.—Presenting to the faculty of an institution for indorsement

or to the prothonotary a diploma which has been obtained by fraud,

or in whole or in part a forgery, or making an affidavit to a false

statement, or practising without conforming with the act, or otherwise

violating or neglecting to comply with the act, is a misdemeanor

punishable with a fine of $100 or imprisonment in the county jail for

not more than one year, or both, for each offence (_ib._, s. 7).

EXCEPTION.—The act does not prevent any physician or surgeon, legally

qualified to practise medicine or surgery in the State where he

resides, from practising in the commonwealth, but a person opening an

office or appointing a place to meet patients or receive calls is a

sojourner and must conform to its requirements (_ib._, s. 8).

FEES.—To the prothonotary, for affidavit of continuous practice, $2

(Act March 24th, 1877, s. 3).

To county treasurer, for transient license, $50.

To clerk of the court of quarter sessions, for issuing transient

license, $5 (_ib._, s. 4).

To the prothonotary, for registration, $1 (Act June 8th, 1881, s. 6).

[NEW LAW.—The following law has been enacted whose practical

application does not begin until March 1st, 1894:]

MEDICAL COUNCIL.—The law provides for a medical council of the State

(Act of May 18th, 1893, s. 1).

The council is to supervise the examinations conducted by the State

boards of medical examiners for licenses to practise medicine and

surgery, and issue licenses to applicants who shall have presented

satisfactory and properly certified copies of licenses from the State

boards of medical examiners or State boards of health of other States,

or who shall have successfully passed the examination of one of the

State boards established by this act (_ib._, s. 5).

MEDICAL BOARDS.—From and after March 1st, 1894, there are to be three

separate boards of medical examiners, one representing the medical

society of the State, one representing the homœopathic medical society

of the State, and one representing the eclectic medical society of

the State. Each board is to consist of seven members appointed by

the governor from the full lists of the members of the said medical

societies, and is to be composed exclusively of members of the same

medical society. Each appointee must be a registered physician in good

standing, and shall have practised medicine or surgery under the laws

of the State for not less than ten years prior to his appointment.

The governor is to fill vacancies and may remove a member for continual

neglect of duties or on the recommendation of the medical society with

which he may be in affiliation, for unprofessional or dishonorable

conduct (_ib._, s. 6).

EXAMINATIONS.—For the purpose of examining applicants each board is

to hold two or more stated or special meetings in each year after due

public notice. A majority constitutes a quorum, but the examination may

be conducted by a committee of one or more members authorized by the

board (_ib._, s. 9).

The boards not less than one week prior to each examination must

submit to the council questions for thorough examination in anatomy,

physiology, hygiene, chemistry, surgery, obstetrics, pathology,

diagnosis, therapeutics, practice of medicine, and materia medica; and

the council must select therefrom the questions for each examination,

and such questions for each examination shall be the same for all

candidates, except that in the departments of therapeutics, practice of

medicine, and materia medica the questions shall be in harmony with the

teachings of the school selected by the candidate (_ib._, s. 10).

The examinations are to be in writing under rules prescribed by the

council. After an examination the board must act on it without

unnecessary delay and transmit to the council an official report of

its action stating the examination average of each candidate in each

branch, the general average, and the result, and whether successful

or unsuccessful. The report must embrace all the examination papers,

questions, and answers, which shall be kept for reference and

inspection for not less than five years (_ib._, s. 11).

QUALIFICATION.—The council must forthwith issue to each applicant

returned as having successfully passed said examination, and adjudged

by the council to be duly qualified, a license to practise medicine and

surgery. The council must require the same standard of qualifications

from all candidates except in therapeutics, practice of medicine, and

materia medica, in which the standard shall be determined by the boards

respectively. Before the license is issued, it must be recorded in a

book in the office of the council, and the number of the book and page

containing the record noted on the face of the license; the records

shall have the same weight as evidence as that given to conveyance of

land (_ib._, s. 12).

On and after July 1st, 1894, any person not theretofore authorized to

practise medicine and surgery in the State may deliver to the secretary

of the council a written application for a license 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 received a diploma conferring the degree of medicine from

some legally incorporated medical college of 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. Applicants

who have received their degree in medicine after July 1st, 1894, must

have pursued the study of medicine for at least three years, including

three regular courses of lectures in different years in some legally

incorporated medical college or colleges prior to the granting of said

diploma or foreign license. Such proof shall be made, if required,

upon affidavit, and if the council is satisfied with the same it shall

issue to the applicant an order for examination before such one of the

boards of examiners as the applicant may select. In case of failure at

the examination the candidate, after the expiration of six months and

within two years, shall have the privilege of a second examination by

the same board without additional fee. Applicants examined and licensed

by State boards of medical examiners or State boards of health of other

States, on filing in the office of the medical council a copy of said

license certified by the affidavit of the president and secretary of

such board, showing also that the standard of acquirements adopted by

said board is substantially the same as is provided by secs. 11, 12,

and 13 of this act, shall without further examination receive a license

conferring on the holder all the rights and privileges provided by

secs. 14 and 15 (_ib._, s. 13).

From and after March 1st, 1894, no person shall enter upon the practice

of medicine or surgery unless he has complied with this act and shall

have exhibited to the prothonotary of the court of common pleas of

the county in which he desires to practise a license duly granted,

which shall entitle him to be duly registered in the office of such

prothonotary.

PENALTY.—Violating the provisions of this act shall be a misdemeanor

punishable with a fine of not more than $500 for each offence (_ib._,

s. 14).

EXCEPTIONS.—The act does not interfere with or punish commissioned

medical officers serving in the army or navy of the United States,

or its marine hospital service, while so commissioned, or medical

examiners of relief departments of railroad companies, while so

employed, or any one while actually serving as a member of the resident

medical staff of any legally incorporated hospital, or any legally

qualified and registered dentist exclusively engaged in the practice

of dentistry, nor interfere with or prevent the dispensing and sale

of medicine or medical appliances by apothecaries [or] pharmacists,

nor interfere with the manufacture of artificial eyes, limbs, or

orthopædical instruments or trusses of any kind _for_ (_sic_) fitting

such instruments on persons in need thereof, or any lawfully qualified

physicians and surgeons residing in other States or countries meeting

registered physicians of this State in consultation, or any physician

or surgeon residing on the border of a neighboring State and duly

authorized under the laws thereof to practise medicine and surgery

therein, whose practice extends into the limits of this State, provided

such practitioner shall not open an office or appoint a place to

meet patients or receive calls within the limits of Pennsylvania, or

physicians duly registered in one county of this State called to

attend cases in another, but not residing or opening an office therein.

The act does not prohibit the practice of medicine and surgery by any

practitioner who shall have been duly registered before March 1st,

1894, according to the Act of June 8th, 1881, and one such registration

shall be sufficient warrant to practise medicine and surgery in any

county (_ib._, s. 15).

FORMER LAWS.—All acts or parts of acts inconsistent with this are

repealed (_ib._, s. 17).

FEES.—To the secretary of the council, upon application for a license,

$25.

To the secretary of the county, upon application for a license by

licensees in other States, $15 (_ib._, s. 13).

To the prothonotary, upon exhibition of a license, for registry, $1

(_ib._, s. 14).

RHODE ISLAND.

REGISTRATION.—Every physician must cause his name and residence to

be recorded in the town clerk’s office of the town where he resides

(Public Statutes, 1882, c. 85, s. 12).

PENALTY.—Wilful neglect or refusal to perform this duty is punishable

with a fine not exceeding $20 (_ib._, s. 11).

SOUTH CAROLINA.

QUALIFICATION.—All physicians engaging in the practice of medicine

or surgery, before doing so, must submit their diplomas to a board

consisting of three reputable physicians in each county. The board

is appointed by the governor on the recommendation of the medical

societies of the counties, and where no medical society exists,

upon the recommendation of the senator and members of the House of

Representatives for such counties (Act of 1890, c. 454, s. 1).

The said board must examine said diploma, when submitted, and if the

holder is a _bona fide_ holder, and if the college issuing said diploma

is a reputable medical college, and if he also submits a certificate of

good moral character, the board must certify to the fact, and upon such

certificate the diploma shall be registered by the clerk of the court

of the county in which the applicant resides (_ib._, s. 2).

EXCEPTION.—The act does not apply to physicians and surgeons already

registered under former laws (_ib._, s. 4).

SOUTH DAKOTA.

PROHIBITION.—It is unlawful for any person to practise medicine,

surgery, or obstetrics in any of their departments without having

received a license to practise medicine from the board of health, and

having it recorded in the office of the register of deeds in the county

where such person resides (Act February 16th, 1893, s. 1).

EXCEPTIONS.—The act does not affect those in the lawful practice of

medicine, surgery, or obstetrics in this State at the time of its

passage (_ib._, s. 2).

Nor does it prohibit students from prescribing under the supervision

of a preceptor, nor prohibit gratuitous services in case of emergency,

nor apply to commissioned surgeons in the United States army and navy

(_ib._, s. 3).

PENALTY.—Violation of the act or practising without the license is a

misdemeanor punishable with a fine of from $25 to $100 or imprisonment

in the county jail not more than thirty days or both (_ib._, s. 4).

QUALIFICATION.—The State board of health is constituted a board of

public examiners _ex-officio_ to examine and license physicians to

practise medicine. Any person who is a graduate of a lawful medical

college, who has attended three full courses of medical lectures of

six months each, no two full courses within the same year, and who is

of good moral character, and is not an habitual drunkard, shall, upon

proof of such facts to the superintendent of the State board of health,

as the board shall require, receive from said superintendent a license;

which shall be recorded as above. The requirement of three courses of

lectures does not apply to those who had graduated prior to the passage

of the act (_ib._, s. 5).

CANCELLATION OF LICENSE.—The State board of health, upon complaint

made to it on oath by one responsible person, has power to cancel any

license that may have been fraudulently obtained or when the person to

whom such license was issued is an habitual drunkard, or is guilty of

immoral practices or gross unprofessional conduct. Such license shall

not be cancelled except after a hearing before such board of health,

at which a majority of such board shall be present, and of which the

person holding the license to be cancelled shall have had at least

ten days’ notice, and only upon due proof of the facts stated in the

complaint. An appeal may be taken to the circuit court of the county

in which the person whose license is cancelled lives by any person

aggrieved, in the same manner as now provided by law in case of appeal

from the decisions of the county commissioners (_ib._, s. 6).

FEE.—To the superintendent of the State board of health, for a

license, $5 (_ib._, s. 5).

TENNESSEE.

QUALIFICATION.—No person can lawfully practise medicine in any of its

departments, except dentistry, unless he possesses the qualifications

required by the act. If a graduate in medicine, he must present his

diploma to the State board of medical examiners for verification as

to its genuineness. If found genuine and from a legally chartered

allopathic, homœopathic, or eclectic medical college in good standing

with the school of medicine in which said college is classed, of which

the State board of medical examiners shall be the judge, and the person

named therein be the person claiming and presenting it, the board must

issue a certificate to that effect, conclusive as to the rights of the

lawful holder to practise medicine (Act of 1889, c. 178, s. 1).

Persons in actual practice at the time of the passage of the act were

allowed till July 1st, 1891, to comply with the provisions of the act

respecting them (_ib._, s. 2, as amended Act 1891, c. 109, s. 1).

A person wishing to enter upon the practice of medicine must present

to the board of medical examiners a diploma from some medical college

in good standing as provided by sec. 1, or shall present himself to

the said board for examination upon anatomy, physiology, chemistry,

pathology, surgery, obstetrics, and therapeutics. If the diploma be

found genuine, or if the applicant for examination be found worthy and

competent, the board shall issue a certificate which shall entitle

the lawful holder to all the privileges of this act (_ib._, s. 3, as

amended Act 1891, c. 109, s. 2).

The governor appoints six graduate physicians as a State board of

medical examiners; the three schools allopathic, homœopathic, and

eclectic must be represented on the board; five constitute a quorum

and a majority of those present are necessary to reject an applicant,

but such rejection shall not bar a re-examination after the lapse of

three months; provided the members representing each school shall have

the right to examine all applicants of that school, and the board

shall issue the certificate to applicants who are recommended by the

member or members of the board who belong to said school after such

examination (_ib._, s. 4).

To prevent delay and inconvenience two members of the board may grant

a temporary license to any applicant if the applicant has not been

refused a license by the board within six months, which shall be in

force till the next regular meeting of the board (_ib._, s. 5).

The members of the board shall not be members of the State board of

health, nor any medical faculty (_ib._, s. 6).

The regular meeting of the board shall be once in each year at such

time and place as the board may decide, but the president of the board

may call a special meeting when demanded by public necessity (_ib._, s.

7).

Every person holding a certificate must have it recorded in the office

of the county court clerk where he resides, and the date of record must

be indorsed thereon. Until such record is made the holder shall not

exercise any of the rights and privileges conferred. A person removing

to another county to practise shall record his certificate in like

manner in the county to which he removes. Practitioners may go from

one county to another on professional business, without being required

to register, if they have done so in the county in which they reside

(_ib._, s. 9).

ITINERANT PHYSICIAN OR VENDER.—It is unlawful for an itinerant

physician or vender of any drug, nostrum, ointment, or appliance of any

kind intended for the treatment of disease or injury to sell or apply

the same, or by writing, printing, or other method to profess to cure

or treat disease or deformity by any drug, nostrum, manipulation, or

other expedient.

A violation of this section is punishable with a fine of $100 to $400,

but this section does not apply to merchants and druggists, and this

act does not apply to veterinary surgeons and stock doctors (_ib._, s.

13, as amended Act 1891, c. 109, s. 3).

PENALTY, EXCEPTION.—To practise medicine or surgery without a

certificate is a misdemeanor punishable with a fine of from $10 to $25.

To file or attempt to file as his own the diploma or certificate of

another or a forged affidavit of identification is a felony punishable

same as forgery. The act does not apply to women who pursue the

avocation of midwife (_ib._, s. 14, as amended Act 1891, c. 109, s. 4).

FEES.—To the county court clerk, for recording certificate, the usual

fee (_ib._, s. 9).

To the board of examiners, for issuing a certificate, $1.

To the board of examiners, for examination of non-graduate, $10.

If applicant fails to pass a satisfactory examination, and no

certificate or license is issued to him, $5 only is retained.

For a certificate of temporary license, $1, which is to be credited to

the applicant when he applies for a permanent license (_ib._, s. 12, as

amended Act 1891, c. 109, s. 2).

TEXAS.

CONSTITUTIONAL PROVISION.—The legislature may pass laws prescribing

the qualifications of practitioners of medicine, but no preference

shall ever be given by law to any schools of medicine (Const. 1876,

art. xiv., s. 31 in part).

BOARDS OF EXAMINERS.—A board of medical examiners for each judicial

district is appointed by the judge of the district court (R. S., art.

3,625).

Each board is composed of not less than three practising physicians

of known ability, graduates of some medical college recognized by the

American Medical Association, residents of the district from which they

are appointed (_ib._, art. 3,626).

The boards are required to meet regularly semi-annually at some

central point in their districts to conduct examinations and grant

certificates, and after at least one month’s public notice of the time

and place of meeting by publication in at least one newspaper published

in the district (_ib._, art. 3,629).

QUALIFICATION.—The board is required to examine thoroughly all

applicants for a certificate of qualification to practise medicine in

any of its branches or departments, whether furnished with medical

diplomas or not, upon anatomy, physiology, pathological anatomy and

pathology, surgery, obstetrics, and chemistry; but no preference shall

be given to any school of medicine (_ib._, art. 3,632).

When the board is satisfied as to the qualifications of an applicant,

they are required to grant a certificate, which entitles him to

practise medicine in any county when it has been recorded (_ib._, art.

3,633).

Any two members of the board may grant a certificate, and any member

may grant a temporary certificate upon examination, which shall be in

force until the next regular meeting of the board (_ib._, art. 3,634).

The certificate must, before the person to whom it was granted is

entitled to practise, be recorded in the office of the clerk of the

district court of the county in which such practitioner resides or

sojourns, and when recorded the clerk shall certify thereon under

his official seal the fact and date of record, and shall return the

certificate to its owner (_ib._, art. 3,635).

EXCEPTIONS.—This title does not apply to those who have already

qualified under the act of May 16th, 1873, nor to those regularly

engaged in the general practice of medicine in the State in any branch

or department for five consecutive years prior to January 1st, 1875,

nor to females who follow the practice of midwifery strictly as such

(_ib._, art. 3,637).

PENALTY.—No person except those named in art. 3,637 can lawfully

practise medicine in any of its branches or departments without having

first obtained and recorded a certificate of qualification as above

provided. A person so offending shall be punished as provided in the

Penal Code (_ib._, art. 3,638).

If any person shall practise for pay or as a regular practitioner

medicine in any of its branches or departments, or offer or attempt

to practise medicine without first having obtained a certificate of

professional qualification from some authorized board of medical

examiners, or without having a diploma from some actual medical college

chartered by the legislature of the State, or its authority, in which

the same is situated, he shall be punished by a fine of not less than

$50, nor more than $500 (Penal Code, art. 396).

Each patient visited or prescribed for, or each day’s offer to practise

constitutes a separate offence (_ib._, art. 397).

If any person shall engage in the practice of medicine in any of its

branches or departments for pay or as a registered practitioner,

without having first filed for record, with the clerk of the district

court of the county in which he resides or sojourns, a certificate

from some authorized board of medical examiners or a diploma from some

actual medical college, he shall be punished as prescribed in art. 396

(_ib._, art. 398).

FEES.—To the clerk of the district court, for recording certificate,

$1 (R. S., art. 3,635).

To the board of examiners, for examination, $15, whether certificate is

granted or not (R. S., art. 3,636).

UTAH.

BOARD OF EXAMINERS.—The governor appoints by and with the advice and

consent of the council a board of seven medical examiners from the

various recognized schools of medicine; appointees are required to be

graduates of a legally chartered medical college in good standing (Act

1892, c. 72, s. 1).

QUALIFICATION.—The board has power to issue certificates to all who

furnish satisfactory proof of having received degrees or licenses

from a chartered medical college in good and legal standing, and pass

examinations before said board (_ib._, s. 2).

Graduates of respectable medical colleges at the time of the passage of

the act engaged in actual practice in the Territory shall be licensed

on presenting their degree to the board, and producing satisfactory

evidence of identity (_ib._, s. 4).

Every person holding a certificate from said board must have it

recorded in the office of the recorder of the county in which he

resides within three months from its date, and the date of record must

be indorsed thereon. Until the certificate is recorded, the holder

shall not exercise any of the privileges conferred. A person removing

to another county to practise must record his certificate in like

manner in the county to which he removes (_ib._, s. 5).

Examinations shall be wholly or partly in writing (_ib._, s. 7).

The board may refuse to issue certificates to individuals guilty of

unprofessional or dishonorable conduct, the nature of which shall be

stated in writing, and it may revoke certificates for like causes to be

stated in writing (_ib._, s. 8).

DEFINITION.—Any person is regarded as practising medicine who treats,

operates upon, or prescribes for any physical ailment of another for a

fee, or who holds himself out by means of signs, cards, advertisements,

or otherwise as a physician or surgeon.

EXCEPTIONS.—The act does not prohibit service in case of emergency

or the administration of family remedies, and does not apply to

commissioned surgeons of the United States army in discharge of their

official duties, or to visiting physicians in actual consultation

(_ib._, s. 9).

OFFENCE.—Practising medicine or surgery without a certificate or

contrary to this act is a misdemeanor (_ib._, s. 10).

Persons not graduates who had practised continuously for ten years

in the Territory prior to the taking effect of the act were allowed

six months in which to comply with its provisions concerning them.

Practising without complying with these provisions, and practising

after rejection of an application or the revocation of certificate, is

a violation of the law (_ib._, s. 11).

OBSTETRICIANS.—Persons practising obstetrics were required within

three months after the passage of the act to apply to the board for a

certificate, and after passing a proper examination were entitled to

one.

Practising obstetrics without first obtaining a license or contrary

to this act is a misdemeanor; provided all persons who furnish to

said board satisfactory evidence by affidavit or otherwise of having

practised obstetrics previous to the passage of the act, shall receive

a license without an examination. This section does not apply to

physicians holding certificates nor prohibit services in cases of

emergency, nor apply to persons practising obstetrics in communities

where there are no licensed practitioners (_ib._, s. 12).

BOARD MEETINGS.—The board is required to meet at the territorial

capital on the first Monday of January, March, June, and September of

each year at 10 A.M., and such other times as the president of the

board shall deem necessary (_ib._, s. 13).

COLLEGES.—“Respectable medical colleges” include colleges in legal

standing of any recognized school of medicine (_ib._, s. 15).

FEES.—To the treasurer of the board of examiners, for examination and

certificate, $25 (_ib._, s. 3).

To the treasurer of the board of examiners, for license to a graduate,

$5 (_ib._, s. 4).

The secretary of the board is required to enter without fee, on the

are issued as physicians and surgeons (_ib._, s. 4).

To the county recorder, for recording, his usual fees (_ib._, s. 5).

To the treasurer of the board of examiners, upon examination for

license to practise obstetrics, $10.

To the treasurer of the board of examiners, upon license to practise

obstetrics without examination, $1 (_ib._, s. 12).

VERMONT.

QUALIFICATION.—The medical societies organized under a charter from

the General Assembly at each annual session elect a board of censors of

three members, who may examine and license practitioners of medicine,

surgery, and midwifery (Revised Laws, 1880, s. 3,908).

A practitioner of medicine, surgery, or midwifery who by sign or

advertisement offers his services to the public as a practitioner of

medicine, surgery, or midwifery, or who by such sign or advertisement

assumes the title of doctor, shall obtain a certificate from one of

such medical societies, either from a county, district, or State

society (_ib._, s. 3,909).

A person not a resident of the State who has not received a diploma

from a chartered medical college must obtain a certificate from a board

of censors before he shall be permitted to practise the medical art in

the State (_ib._, s. 3,910).

Each board of censors must issue certificates without fee to physicians

and surgeons who furnish evidence by diploma from a medical college

or university, or by a certificate of examination by an authorized

board, which satisfies said censors that the person presenting such

credentials has been, after due examination, deemed qualified to

practise the branch mentioned in such diploma or certificate (_ib._, s.

3,911).

The censors in their discretion shall notify the practitioner of

medicine, surgery, or midwifery of this chapter, and require such

persons to comply therewith within thirty days after notification or

such further time as is allowed by the censors not exceeding ninety

days (_ib._, s. 3,912).

The certificate must set forth the branches of the medical art in which

the person is qualified to practise (_ib._, s. 3,913).

The certificate must be recorded in the clerk’s office of the county in

which the holder resides, or, if not a resident of the State, in the

county in which he obtained his certificate (_ib._, s. 3,914).

A certificate issued by a board of censors is valid throughout the

State after being duly recorded. The censors may revoke or annul

a certificate if in their judgment the holder has obtained it

fraudulently or has forfeited his right to public confidence by the

conviction of crime (_ib._, s. 3,915).

PENALTY.—To practise medicine, surgery, or midwifery in the State, or

sign a certificate of death for burial or removal unless authorized by

a certificate issued and recorded, is punishable with a fine of from

$50 to $200 for the first offence, and for subsequent offences with a

fine of from $200 to $500, recoverable by an action of debt for the use

of any person who sues or by indictment (_ib._, s. 3,916).

No person practising either of the branches of medicine, surgery, or

midwifery is permitted to enforce in the courts the collection of a

fee or compensation for services rendered or medicine or material

furnished in the practice of any of the branches for which he has not a

certificate (_ib._, s. 3,917).

EXCEPTIONS.—The law does not apply to the practice of dentistry, nor

to the practice of midwifery by women in the town or locality in which

they reside, nor to practitioners of medicine who resided and practised

medicine in the State for five years previous to November 28th, 1876

(_ib._, s. 3,918).

VIRGINIA.

BOARD OF EXAMINERS.—There is a State board of medical examiners

consisting of three members from each congressional district and two

from the State at large, and five homœopathic physicians from the State

at large (Code 1887, s. 1,744).

The board is composed of men learned in medicine and surgery appointed

by the governor from a list of names recommended by the Medical Society

of Virginia, together with five homœopathic physicians nominated

to him by the Hahnemann Medical Society of the Old Dominion. The

recommendations are required to be by votes of a majority present at

some meeting of such society; but if the governor considers any person

so recommended unsuitable he may decline to appoint him, in which case

such society shall within ninety days after notification make another

recommendation, and if the society fail to make a recommendation the

governor is required to appoint such board in whole or in part without

regard to such recommendation. If any examiner cease to reside in the

district for which he was appointed his office is deemed vacant (_ib._,

s. 1,745).

The regular meetings of the board are required to be held at least once

a year, and at such times and places as the board may prescribe, and

special meetings may be held on the call of the president and any five

members (_ib._, s. 1,746).

QUALIFICATION.—The board at any of its meetings must examine all

persons making application to them who desire to practise medicine

or surgery; when an applicant shall have passed an examination

satisfactory as to proficiency before the board in session the

president must grant a certificate to that effect. If any applicant

fail to pass a satisfactory examination before the board he shall not

be permitted to stand a further examination within the next three

months, nor shall he be required again to pay the fees prescribed, but

no applicant shall be rejected on his examination on account of his

adherence to any particular school of medicine or system of practice,

nor on account of his views as to the method of treatment and the cure

of disease.

When, in the opinion of the president of the board, the applicant has

been prevented by good cause from appearing before the board, he shall

appoint a committee of three members who shall examine the applicant

and may grant a certificate having the same effect as though granted

by a full board, until the applicant have an opportunity to appear

before the board, when, if he fail to appear for examination, the

president shall have the authority to revoke said certificate; or in

any case the president shall have authority, at his discretion, to

grant a special permit to any applicant to practise medicine until he

shall have an opportunity to appear before the board in session for

examination, revokable at the discretion of the president. The board

has in its discretion authority to accept in lieu of examination a

certificate from a medical board of any other State, showing that the

applicant has passed a satisfactory examination as to his proficiency,

and obtained a license from said board to practise medicine and surgery

in said State (_ib._, s. 1,747, as amended Act 1892, c. 70).

A person obtaining a certificate from the president of the board must

cause it to be recorded in the clerk’s office of the county or the

corporation court, of the county or corporation in which he resides,

or, if he resides in the city of Richmond, in the clerk’s office of the

chancery court of the said city (_ib._, s. 1,749).

No person who shall have commenced the practice of medicine or surgery

since January 1st, 1885, or who shall hereafter commence the practice

of the same, shall practise as a physician or surgeon for compensation

without having obtained a certificate and caused it to be recorded.

PENALTY.—The violation of this act is punishable with a fine of

from $50 to $500 for each offence, and the violator is debarred from

receiving compensation for services rendered as a physician or surgeon;

a person assessed with a license tax as a physician or surgeon by any

commissioner of revenue prior to July 1st, 1892, shall be taken as

having commenced the practice of medicine or surgery prior to that

date; but any person who shall not have been so assessed shall be taken

as not having commenced such practice prior to that date (_ib._, s.

1,750, as amended Act 1892, c. 70).

NON-RESIDENTS.—A physician or surgeon residing in an adjoining State

within ten miles of the boundary line of this State, is entitled to

stand the examination and receive a certificate, and the certificate

must be recorded in that county in the State nearest to his place of

residence, and such certificate and recordation shall make it lawful

for him to practise medicine and surgery in this State (_ib._, s.

1,751).

EXCEPTIONS.—This chapter does not affect practitioners of dentistry,

nor include physicians or surgeons residing in other States called

into consultation in a special case with a physician or surgeon

residing in this State, nor does it affect in any way the laws in

reference to the license tax (_ib._, s. 1,752) nor does it apply to

midwives (_ib._, s. 1,753).

FEES.—To the board of examiners, before examination, $5 (_ib._, s.

1,747, as amended Act 1892, c. 70).

To the clerk of the court, for recording, same fee as for recording a

deed (_ib._, s. 1,749).

WASHINGTON.

EXAMINING BOARD.—The governor is required to appoint a State medical

examining board of nine members, learned and skilled in the practice

and theory of medicine and surgery (Act March 28th, 1890, s. 1).

The said board is required to hold meetings for examination on the

first Tuesday of January and July in each year, alternately in western

and eastern Washington at such places as the board may designate. The

board may call special meetings when, in the opinion of a majority of

the board, they are necessary. The board is required to keep a record

of all applicants for a license, with their ages, the time spent in the

study and practice of medicine and surgery, and the name and location

of all institutions granting to such applicants degrees or certificates

of lectures in medicine or surgery, and whether such applicant was

rejected or licensed; and said register is _prima facie_ evidence of

all matters therein recorded (_ib._, s. 2).

QUALIFICATION.—Every person desiring to commence the practice of

medicine or surgery, or either of them, in any of their or its

branches, must make a written application to the board for a license,

supported by an affidavit of the applicant, setting forth the actual

time spent in the study of medicine and surgery, and when; whether

such study was in an institution of learning and, if so, its name and

location; if not in such institution, where and under whose tutorship

such study was prosecuted, the time engaged in the actual practice,

if at all, of medicine and surgery or either, and where, and the age

of the applicant at the time of the application, such application

and affidavit to be filed and preserved of record in the office of

the secretary of the board. At the time and place designated by

the board or at a regular meeting of the board, applicants must be

examined in anatomy, physiology, chemistry, histology, materia medica,

therapeutics, preventive medicines, the 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 deem advisable. The examination must be both scientific and

practical, and of sufficient severity to test the candidate’s fitness

to practise medicine and surgery, by written or printed, or partly

written and partly printed, questions and answers, and the same are

required to be filed and preserved of record in the said secretary’s

office. After the examination, if it be satisfactory, the board shall

grant a license, by the consent of not less than five members, except

as hereinafter provided.

REFUSAL OR REVOCATION.—The board may refuse or revoke a license for

unprofessional or dishonorable conduct, subject to the right of appeal

(_ib._, s. 3).

“Unprofessional or dishonorable conduct” means: procuring or aiding

or abetting in procuring a criminal abortion; or employing what are

popularly known as cappers or steerers; or obtaining any fee on the

assurance that a manifestly incurable disease can be permanently

cured; or wilfully betraying a professional secret; or advertisements

of medical business in which untruthful and improbable statements are

made; or advertising any medicine or means whereby the monthly periods

of women can be regulated, or the menses re-established if suppressed;

or the conviction of any offence involving moral turpitude; or habitual

intemperance (_ib._, s. 4).

In case of a refusal or a revocation of a license, the board is

required to file a brief and concise statement of the grounds and

reasons thereof in the office of its secretary, which, with the

decision of the board in writing, shall remain of record in said

office. Before a license can be revoked for unprofessional or

dishonorable conduct, a complaint of some person under oath must be

filed in the office of the secretary of the board, charging the acts

of unprofessional or dishonorable conduct and the facts complained

against the accused in ordinary and concise language, and at least ten

days prior to the hearing the board shall cause to be served upon the

accused a written notice and a copy of such complaint containing a

statement of the time and place of the hearing. The accused may appear

at the hearing and defend in person or by counsel, and may have the

sworn testimony of witnesses taken and present other evidence in his

behalf, and the board may receive arguments of counsel (_ib._, s. 5).

In case of refusal or revocation of a license by the board, there is

a right of appeal within thirty days after the filing of the decree

in the office of the secretary, to the superior court in and for the

county in which was held the last general meeting of the board prior

to the refusal of the license, in case of refusal; and to the superior

court in and for the county in which the hearing was had upon which

such license was revoked, in case of revocation. The person desiring

to appeal must serve or cause to be served on the said secretary a

written notice of appeal containing a statement of its grounds, and

must file in the said secretary’s office an appeal bond with a good

and sufficient surety to be approved by the Secretary of the State

of Washington, conditioned for the speedy prosecution of such appeal

and the payment of such costs as may be adjudicated against him upon

such appeal. Said secretary must within ten days after service of said

notice and filing, and the approval of the said appeal bond, transmit

to the clerk of the court to which the appeal is taken a certified

copy, under the seal of the board, of the decision and the grounds, in

case of refusal, and in addition a certified copy under said seal of

the complaint, in the case of revocation, with the bond and notice of

appeal. The clerk must thereupon docket such appeal causes and they

stand for trial in all respects as ordinary civil actions, and like

proceedings are had thereon. On appeal the cause is tried _de novo_.

Either party may appeal from a judgment of the superior court to the

supreme court in like manner as in civil actions within sixty days

after the rendition and entry of such judgment. If the judgment be in

favor of the party appealing from the decision of the board, and the

examining board does not appeal within sixty days, in that case at the

end of sixty days the board shall immediately issue to the successful

party the usual license, and in addition reinstate upon its records

the name of such successful applicant, in case of revocation. In case

of appeal to the supreme court by the board, no such license shall be

issued nor re-instatement required until the final determination of the

cause. In case the final decision of the supreme court be against the

board, then the said court shall make such order as may be necessary

and the board shall act accordingly. No appeal bond can be required of

the board, nor any costs adjudged or taxed against the same (_ib._, s.

6).

FILING AUTHORITY.—The person receiving a license must file it, or a

copy, with the county clerk of the county where he resides, and the

county clerk is required to file said certificate or copy and enter

a memorandum thereof, giving its date and the name of the person to

whom it was issued, and the date of filing, and on notice to him of a

change of location or the death of a person licensed or of revocation,

the county clerk is required to enter a memorandum of said fact at

the appropriate place in the record. In case of removal into another

county, the person licensed must procure from the county clerk a

certified copy of the said license, and file it with the county clerk

of the county to which he shall remove, with like effect as an original

license (_ib._, s. 7).

PENALTY, DEFINITION.—To practise medicine or surgery without a license

or contrary to this chapter is a misdemeanor punishable with a fine of

from $50 to $100, or imprisonment in a county jail from ten to ninety

days, or both. Any person is regarded as practising who appends the

letters “M.D.” or “M.B.” to his name, or for a fee prescribes, directs,

or recommends for the use of any person any drug or medicine or agency

for the treatment, care, or relief of any wound, fracture, or bodily

injury, infirmity, or disease; but the chapter does not apply to

dentists.

REGULATIONS.—The board has authority to prescribe and establish all

needful rules and regulations to carry this chapter into effect (_ib._,

s. 9).

FORMER PRACTITIONER.—All persons licensed under sec. 2,289 of the laws

of Washington Territory, 1881, or having complied with its provisions,

are to be taken and considered as licensed under this act, and the

secretary of the board is required to enter the names of such persons

upon the register kept by him, as licensed physicians and surgeons on

their written application (_ib._, s. 10).

FEE.—To the treasurer of the board, for examination, $10 (_ib._, s.

3).

WEST VIRGINIA.

QUALIFICATION.—The following persons and no others are permitted to

practise medicine:

1. Graduates of a reputable medical college in the school of medicine

to which the person desiring to practise belongs. Such person must

present his diploma to the State board of health, or the two members

thereof in his congressional district, and if it be found to be genuine

and was issued by such medical college as hereinafter mentioned, and

the person presenting it be the graduate therein named, the board or

said two members, as the case may be, must issue and deliver to him

a certificate to that effect, and such diploma and certificate shall

entitle the person named in the diploma to practise medicine in all its

departments.

2. Persons not graduates in medicine who had practised medicine in this

State under a certificate issued by the State board of health prior to

the passage of the act are authorized to practise medicine in all its

departments.

3. A person not a graduate of medicine and who has not practised

medicine in this State under a certificate must be examined by the

State board of health, or the two members thereof in the congressional

district where he resides, or if he resides out of the State by the

two members in the congressional district nearest to his place of

residence, who, together with a member of the local board of health who

is a physician, if there be such a member of the local board of health

of the county in which the examination is held, shall examine him and

if upon a full examination they find him qualified to practise medicine

in all its departments, they, or a majority of them, shall grant him

a certificate to that effect, and thereafter he shall have the right

to practise medicine in the State to the same extent as if he had the

diploma and certificate above mentioned. The members of the State board

of health in each congressional district must, by publication in some

newspaper printed in the county in which their meeting is to be held,

or if no such paper is printed therein, in some newspaper of general

circulation in such district, give at least twenty-one days’ notice of

the time and place of their meeting for the examination of applicants

for permission to practise medicine, published at least once a week for

three consecutive weeks before the day of such meeting.

This section does not apply to a physician or surgeon called from

another State to treat a particular case or to perform a particular

surgical operation in the State, or who does not otherwise practise in

the State (Code of W. Va., 1891, c. 150, s. 9).

Every person holding a certificate must have it recorded in the office

of the secretary of the State board of health, and the secretary is

required to indorse on said certificate the fact of such recordation

and deliver the same to the person named therein or his order.

The State board of health may refuse certificates to individuals guilty

of malpractice or dishonorable conduct, and may revoke certificates for

like causes; such revocation being after due notice and trial by the

said board, with right of appeal to the circuit court of the county in

which such individual resides; but no such refusal or revocation shall

be made by reason of his belonging to or practising in any particular

school or system of medicine (_ib._, s. 10).

The examination fee is not retained if a certificate is refused, but

the applicant may again, at any time within a year after refusal, be

examined without an additional fee, and if a certificate be again

refused he may, as often as he sees fit, on payment of the fee, be

examined until he obtains a certificate (_ib._, s. 11).

Examinations may be wholly or partly in writing, and shall be of an

elementary and practical character, embracing the general subjects of

anatomy, physiology, chemistry, materia medica, pathology, pathological

anatomy, surgery, and obstetrics, but sufficiently strict to test the

qualifications of the candidate as a practitioner of medicine, surgery,

and obstetrics. The chapter does not apply to females practising

midwifery (_ib._, s. 12).

DEFINITION, EXCEPTIONS.—Any 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.” This act also applies to

apothecaries and pharmacists who prescribe for the sick. It does not

apply to commissioned officers of the United States army and navy and

marine hospital service (_ib._, s. 13).

ITINERANT PHYSICIAN OR VENDER.—Any itinerant physician or itinerant

vender of any drug, nostrum, ointment, or appliance of any kind

intended for the treatment of disease or injury, or who shall by

writing or printing or in any other method publicly profess to cure

or treat diseases, injuries, or deformities by any drug, nostrum,

manipulation, or other expedient, shall before doing so pay to the

sheriff of every county in which he desires to practise a special tax

of $50 for each month or fraction of a month he shall so practise in

such county, and take his receipt in duplicate therefor. He shall

present said receipts to the clerk of the county court of such county,

who shall file and preserve one of them in his office and indorse on

the other, “A duplicate of this receipt has been filed in my office,”

and sign the same. For such a person to practise or attempt to practise

in any county without having paid such tax and filed such receipt and

obtained such indorsement, or to practise or attempt to practise for

a longer time than that for which he has paid a tax, is a misdemeanor

punishable with a fine of from $100 to $500. Any person who shall

travel from place to place and by writing, printing, or otherwise

publicly profess to cure or treat diseases, injuries, or deformities

is deemed an itinerant physician subject to the taxes, fines, and

penalties of this section (_ib._, s. 14).

PENALTY.—To practise or attempt to practise medicine, surgery, or

obstetrics without complying with sec. 9 is a misdemeanor punishable,

for every offence, with a fine of from $50 to $500 or imprisonment in

a county jail from one month to twelve months, or both. To file or

attempt to file as his own a diploma or certificate of another, or

a false or forged affidavit of identity, or wilfully swear falsely

to any question propounded to him on examination or to any affidavit

required to be made and filed, is punishable with confinement in the

penitentiary from one to three years or imprisonment in a county jail

from six to twelve months, and a fine of from $100 to $500 (_ib._, s.

15).

FEE.—To the State board of health, or its examining members, for

examination, $10 (_ib._, s. 11).

WISCONSIN.

PROHIBITION.—No person practising physic or surgery, or both,

shall have the right to collect in any action in any court fees or

compensation for the performance of any medical or surgical service,

or to testify in a professional capacity as a physician or surgeon,

unless he shall have received a diploma from some incorporated medical

society or college or shall be a member of the State or some county

medical society legally organized in this State; provided that in all

criminal actions the court may in its discretion and in the furtherance

of justice receive the testimony of any physician or surgeon without

requiring proof of the incorporation of the medical society or college

from which he graduated (R. S., 1878, s. 1,436, as amended c. 131,

1887).

No person practising physic or surgery, or both, prohibited by the

above section from testifying in a professional capacity as a physician

or surgeon, shall assume the title of doctor, physician, or surgeon by

means of any abbreviation or by the use of any other word or words,

letters of the alphabet of the English or any other language, or any

device of whatsoever kind, printed, written, or painted, or exhibited

in any advertisement, circular, handbill, letter, or other instrument,

nor on any card, sign, door, or place whatsoever.

PENALTY, EXCEPTIONS.—A violation of this act is a misdemeanor

punishable with a fine of from $25 to $100, or imprisonment in a county

jail from ten days to sixty days for each offence (s. 1, c. 256, 1881,

as amended c. 40, 1882).

On complaint in writing under oath before any magistrate or justice of

the peace charging the commission of an offence against the provisions

of this act in his county, it is the duty of the district attorney to

prosecute the offender, and in all such prosecutions the burden of

proof shall be upon the defendant to establish his right to use such

title under the provisions of this act (_ib._, s. 2).

Any person prohibited by sec. 1 from assuming the title of doctor,

physician, or surgeon who shall practise or pretend to practise

physic or surgery, or both, is not exempted from any, but is liable

to all, of the legal penalties and liabilities of malpractice, and

ignorance shall be no excuse for a failure to perform or for neglect

or unskilfully performing or attempting to perform any of the duties

required by law of practising physicians or surgeons. The act does not

prevent students from practising under the direction of a qualified

preceptor, nor women from practising midwifery, nor veterinarians from

practising in their special department (_ib._, s. 3).

WYOMING.

QUALIFICATION.—No person can lawfully practise medicine, surgery, or

obstetrics who has not received a medical education and diploma from

some regularly chartered medical school having a _bona fide_ existence

when the diploma was granted (R. S., 1887, s. 1,925).

Every physician, surgeon, or obstetrician must file for record with

the register of deeds of the county in which he is about to practise

or where he practises, a copy of his diploma, exhibiting the original,

or a certificate from the dean of the medical school of which he is a

graduate certifying to his graduation (_ib._, s. 1,926).

When filing a copy of his diploma or certificate of graduation, he must

be identified as the person named in the paper about to be filed by the

affidavit of two citizens of the county, or his affidavit taken before

a notary public or commissioner of deeds for the State, which affidavit

must be filed in the office of the register of deeds (_ib._, s. 1,927).

PENALTY.—To practise without complying with this chapter is a

misdemeanor punishable with a fine of from $50 to $500 or imprisonment

in a county jail from thirty days to six months, or both, for each

offence. To file or attempt to file as his own a diploma or certificate

of another, or a forged affidavit of identification, is a felony

subject to a fine and imprisonment in the penitentiary (_ib._, s.

1,928).

It is the duty of the police, sheriff, or constable to arrest all

persons practising medicine, surgery, or obstetrics without complying

with these provisions (_ib._, s. 1,929).

EXCEPTIONS.—This chapter does not apply to persons in emergency

prescribing or giving advice in medicine, surgery, or obstetrics in

a section of country where no physician, surgeon, or obstetrician

resides, or where no physician, surgeon, or obstetrician resides

within a convenient distance, nor to persons prescribing in their own

families, nor to persons claiming to practise medicine, surgery, or

obstetrics in any section of the State where no physician or surgeon

having a diploma or a certificate resides (_ib._, s. 1,930).

EVIDENCE.—On the trial of persons charged with the violation of

this chapter it shall be sufficient for the prosecution to show that

defendant has practised medicine, surgery, or obstetrics within the

county where the indictment is found at any time since the passage of

the act (1876), and the defendant shall not after proof be entitled to

acquittal until he shows by the testimony of some competent witness

upon oath that the defendant has received a medical education, and a

genuine diploma from some regularly chartered medical school; provided

that the defendant may show such facts by depositions taken in the same

manner as depositions in civil cases (_ib._, s. 1,931).

THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND.

MEDICAL ACTS.—The Act 21 and 22 Victoria, c. 90, and the amendments

thereof and additions thereto, are generally spoken of as the Medical

Acts.

MEDICAL COUNCILS.—There is a general council of medical education and

registration of the United Kingdom, with branch councils for England,

Scotland, and Ireland (21 and 22 Vict., 1858, c. 90, s. 3, 6).

Members of the general council are chosen as provided in 49 and 50

Vict., c. 48, s. 7; those representing the medical corporations must be

qualified to register under this act (21 and 22 Vict., c. 90, s. 7).

The general council appoints a registrar for England, and the branch

councils for Scotland and Ireland appoint respectively a registrar for

Scotland and Ireland (_ib._, s. 10, 11).

REGISTRAR.—It is the duty of the registrars to keep their registers

correct, and to erase the names of all registered persons who shall

have died, and from time to time to make the necessary alterations in

the addresses or qualifications of persons registered. It is lawful for

the registrar to write a letter to any registered person, addressed to

him according to his address on the register, to inquire whether he has

ceased to practise or has changed his residence, and if no answer be

returned within six months from the time of sending the letter, it is

lawful to erase the name of such person from the register, but it may

be restored by direction of the general council (_ib._, s. 14).

QUALIFICATION.—Persons possessed of one or more of the qualifications

described in Schedule A, on the payment of a fee not exceeding £5, are

entitled to register on the production to the registrar of the branch

council for England, Scotland, or Ireland the document conferring

or evidencing the qualification in respect whereof he seeks to be

registered, or upon transmitting by post to such registrar information

of his name and address, and evidence of his qualifications and of the

time or times at which they were obtained. The several colleges and

bodies mentioned in Schedule A may transmit from time to time to the

registrar, under their respective seals, lists of the persons who by

grant of such colleges and bodies respectively, are for the time being

entitled to register, stating the qualifications and residences of such

persons, and it shall be lawful for the registrar on the payment of the

said fee to enter in the register the persons mentioned in such lists

with their qualifications and places of residences as therein stated

without other application (_ib._, s. 15).

The general council is required to make orders for regulating the

registers from time to time (_ib._, s. 16).

Persons actually practising medicine in England before August 1st,

1815, were entitled to register under the act (_ib._, s. 17).

Any two or more of the colleges and bodies in the United Kingdom

mentioned in Schedule A may, with the sanction and under the direction

of the general council, unite or co-operate in conducting the

examinations required for qualifications to be registered (_ib._, s.

19, 37 and 38 Vict., c. 34).

The privy council may suspend the right of registration in respect of

qualifications granted by any college or body (_ib._, s. 21).

After such revocation, no person shall be entitled to register in

respect to any qualification granted by such college before revocation

(_ib._, s. 22).

The privy council may issue an injunction directing any body entitled

to grant qualifications to desist from imposing upon any candidate

for examination an obligation to adopt or refrain from adopting

the practice of any particular theory of medicine or surgery as a

test or condition of admitting him to examination or granting him

a certificate; and in the event of their not complying, may order

that such body cease to have the power of conferring a right to be

registered so long as they shall continue such practice (_ib._, s. 23).

Where any person entitled to be registered applies to the registrar

of any branch council for that purpose, such registrar is required

forthwith to enter in a local register the name and place of residence,

and the qualifications in respect of which the person is so entitled

and the date of registration; and in case of the branch council for

Scotland or Ireland, to send to the registrar of the general council a

copy of the entry, and the registrar of the general council is required

to cause the same to be entered in the general register; and such

registrar is required to cause all entries made in the local register

for England to be entered in the general register (_ib._, s. 25).

No qualification is entered on the register, on the first registration

or by way of addition to a regular name, unless the registrar be

satisfied by proper evidence that the person claiming it is entitled to

it. Any appeal from the decision of the registrar may be decided by the

general council or by the council for England, Scotland, or Ireland, as

the case may be. Any entry proved to the satisfaction of such general

council or branch council to have been fraudulently or incorrectly made

may be erased from the register by an order in writing of such general

council or branch council (_ib._, s. 26).

MEDICAL REGISTER.—The registrar of the general council is required

to cause to be printed, published, and sold under the direction of

such council, every year, a correct register of the names with the

respective residences and medical titles, diplomas, and qualifications

conferred by any corporation or university or by a doctorate of the

Archbishop of Canterbury, with the dates thereof, of all persons

appearing on the general register as existing on January 1st in every

year. Such register is called the _Medical Register_, and a copy of

the _Medical Register_ for the time being is evidence that the persons

therein specified are registered according to the act, and the absence

of the name of any person from such copy is evidence, until the

contrary be made to appear, that such person is not so registered;

provided, that in the case of any person whose name does not appear

in such copy, a certified copy under the hand of the registrar of the

general council or a branch council of the entry of the name of such

person on the general or local register shall be evidence that such

person is so registered (_ib._, s. 27).

If any college or body exercise any power it possess of striking off

from its list the name of any one of its members, it shall signify

his name to the general council and the said council may, if they see

fit, direct the registrar to erase from the register the qualification

derived from such college or body in respect of which such member was

registered, and the registrar shall note the same therein, but the name

of no person shall be erased from the register on the ground of his

having adopted any theory of medicine or surgery (_ib._, s. 28).

If any registered medical practitioner shall be convicted in England or

Ireland of any felony or misdemeanor, or in Scotland of any crime or

offence, or shall be after due inquiry judged by the general council to

have been guilty of infamous conduct in any professional respect, the

general council may, if they see fit, direct the registrar to erase the

name of such medical practitioner from the register (_ib._, s. 29).

Every person registered who may have obtained any higher degree or

other qualification is entitled to have it inserted in the register

in substitution for or in addition to his qualification previously

registered, on the payment of such fee as the council may appoint

(_ib._, s. 30).

COMPENSATION.—No person is entitled to receive for any medical or

surgical advice, or attendance, or for the performance of any operation

or for any medicine which he shall have both prescribed and supplied,

unless he prove upon the trial that he is registered under this act

(_ib._, s. 32, as amended 23 and 24 Vict., c. 7, s. 3).

DEFINITION.—The words “legally qualified medical practitioner” or

“duly qualified medical practitioner,” or any words implying a person

recognized by law as a medical practitioner or member of the medical

profession in any act of Parliament, mean a person registered under

this act (_ib._, s. 34, as amended 23 and 24 Vict., c. 7, s. 3).

EXEMPTIONS.—If they so desire, registered persons are exempt from

serving on juries, and in all corporation, parish, ward, hundred, and

town offices, and in the militia (_ib._, s. 35).

DISQUALIFICATIONS.—No unregistered person is permitted to hold any

appointment as a physician, surgeon, or other medical officer in the

military or naval service, or in emigrant or other vessels, or in any

hospital, infirmary, dispensary, or lying-in hospital, not supported

wholly by voluntary contributions, or in any lunatic asylum, jail,

penitentiary, house of correction or of industry, parochial or union

workhouse or poor-house, parish union, or other public established

body or institution, or to any friendly or other society for affording

mutual relief in sickness, infirmity, or old age, or as a medical

officer of health (_ib._, s. 36, as amended 23 and 24 Vict., c. 7, s.

3).

No certificate required by any act from any physician or surgeon

licentiate in medicine and surgery, or other medical practitioner, is

valid unless the signer be registered under this act (_ib._, s. 37, as

amended 23 and 24 Vict., c. 7, s. 3).

PENALTY.—Wilfully procuring or attempting to procure one’s self to be

registered by making or producing or causing to be made or produced

any false or fraudulent representation or declaration, or aiding or

abetting therein, is a misdemeanor in England and Ireland, and in

Scotland a crime or offence, punishable by fine or imprisonment. The

imprisonment cannot exceed twelve months (_ib._, s. 39).

Wilfully and falsely pretending to be or taking or using the name

or title of physician, doctor of medicine, licentiate in medicine

and surgery, bachelor of medicine, surgeon, general practitioner, or

apothecary, or any name, title, addition, or description implying

registration under this act, or recognition by law as a physician or

surgeon or licentiate in medicine and surgery, or practitioner in

medicine, or apothecary, is punishable on summary conviction by a

penalty not exceeding £20 (_ib._, s. 40, 41).

DECEASED PHYSICIANS.—Every registrar of deaths in the United Kingdom,

on receiving notice of the death of any medical practitioner, is

required to transmit to the registrar of the general council and the

registrar of the branch council a certificate of such death with the

time and place, and on the receipt of such certificate the medical

registrar is required to erase the name of the deceased from the

EXCEPTIONS.—The general council was by the act empowered by special

order to dispense with such provisions of this act or such part of any

regulations made by its authority as to them should seem fit, in favor

of persons at the time of its passage practising medicine or surgery

in any part of Her Majesty’s dominions other than Great Britain and

Ireland by virtue of any of the qualifications in Schedule A, and in

favor of persons practising medicine or surgery within the United

Kingdom on foreign or colonial diplomas or degrees before the passage

of this act, and in favor of any persons who had held appointments as

surgeons or assistant surgeons in the army, navy, or militia, or in the

service of the East India Company, or who were acting as surgeons in

the public service, or in the service of any charitable institution,

and in favor of medical students who commenced their professional

studies before its passage (_ib._, s. 46).

The _qualifications_ specified in _Schedule A_ are as follows:

1. Fellow, member (inserted 22 Vict., c. 21, s. 4), licentiate, or

extra licentiate of the Royal College of Physicians of London (this is

declared by 23 and 24 Vict., c. 66, s. 1, to denote the corporation of

“The President and College or Commonalty of the Faculty of Physics in

London”). (The act makes provision for a new charter with change of

name to “The Royal College of Physicians of England,” or retention of

old name: _ib._, s. 47, as amended 23 and 24 Vict., c. 66, s. 2.)

2. Fellow, member (inserted 22 Vict., c. 21, s. 4), or licentiate of

the Royal College of Physicians of Edinburgh. (The act makes provision

for the granting of a new charter to the Royal College of Physicians of

Edinburgh, whereby its name is to be changed to “The Royal College of

Physicians of Scotland,” or its old name may be retained: _ib._, s. 49,

as amended 23 and 24 Vict., c. 66, s. 2.)

3. Fellow or licentiate of the King’s and Queen’s College of Physicians

of Ireland. (The act makes provision for the granting of a new charter

to this college, whereby its name is to be changed to “The Royal

College of Physicians of Ireland,” or its old name may be retained:

_ib._, s. 51, as amended 23 and 24 Vict., c. 66, s. 2.)

4. Fellow or member or licentiate in midwifery of the Royal College of

Surgeons of England.

5. Fellow or licentiate of the Royal College of Surgeons of Edinburgh

(see 6, below).

6. Fellow or licentiate of the Faculty of Physicians and Surgeons of

Glasgow. (The act makes provision for the possible amalgamation of the

Royal College of Surgeons of Edinburgh with the Faculty of Physicians

and Surgeons of Glasgow, in which case the united corporation is to be

named “The Royal College of Surgeons of Scotland:” _ib._, s. 50.)

7. Fellow or licentiate of the Royal College of Surgeons in Ireland.

8. Licentiate of the Society of Apothecaries, London.

9. Licentiate of the Apothecaries’ Hall, Dublin.

10. Doctor or bachelor or licentiate of medicine, or master in surgery

of any university of the United Kingdom; or doctor of medicine, by

doctorate granted prior to the passage of the act by the Archbishop of

Canterbury.

11. Doctor of medicine of any foreign or colonial university or

college, practising as a physician in the United Kingdom before October

1st, 1858, who shall produce certificates to the satisfaction of the

council, of his having taken his degree of doctor of medicine after a

regular examination, or who shall satisfy the council under sec. 46

(amended 22 Vict., c. 21, s. 5) of this act, that there is sufficient

reason for admitting him to be registered.

Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 · 第 9 / 21 章

A practising physician having registered a lawful authority to