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against such property, said board shall at its regular meeting for making its anual tax levy, levy a sufficient tax for the purpose of carrying into effect the purposes of this act; and the amount so levied upon each of said lots and parcels of land so abutting upon such streets or parts thereof, shall constitute and be a lien upon the said land for taxes, and such lien shall be enforced in the same manner and by the same proceedings as are provided by law for the collection of delinquent taxes.
Sec. 4. Said levy when made in compliance with the provisions of this law shall be extended upon the assessment rolls of the proper counties by the assessors against the said property and shall be kept in a fund to itself, known as the "The Sprinkling Fund," and shall not be used for any other purpose, whatever.
Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT TO REPEAL SECTION 11 OF CHAPTER 32 OF THE 35TH LEGISLATIVE ASSEMBLY. H. B. No. 159; Approved March 16, 1907.
Sec. 1. Section 11, Chapter 32, Laws of 35th Legislative Assembly repealed.
Section 1. That Section 11 of Chapter 32 of the laws of the 35th Legislative Assembly, be and the same is hereby repealed.
Sec. 2. This act shall be in force from and after its passage.
AN ACT TO AMEND HOUSE BILL NUMBER 95, ENTITLED "AN ACT WITH REFERENCE TO THE SALE OF INTOXICATING LIQUORS ON TRAINS," OF THE ACTS OF THE 37TH LEGISLATIVE ASSEMBLY OF NEW MEXICO. H. B. No. 167; Approved March 16, 1907.
Sec. 1. Amending Section 2, House Bill 95, Laws of 1907.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. That Section 2 of House Bill Number 95 of the Acts of the 37th Legislative Assembly of the Territory of New Mexico, entitled "An Act with Reference to the Sale of Intoxicating Liquors on Trains," be, and the same is hereby, amended so as to read as follows: "Sec. 2. Every such company, or companies, having the same general manager or managing officer, whose lines form a single through passenger route, desiring to obtain a license for the sale of intoxicating liquors upon the trains operated thereby entirely within or continuously through this Territory, shall make application therefor in writing to the territorial auditor and pay him the sum of two hundred dollars, who shall thereupon issue to such company or companies an annual license for the sale of such intoxicating liquor upon such trains."
Sec. 2. This act shall take effect and be in force from and after its passage.
AN ACT TO REGULATE THE PRACTICE OF MEDICINE IN NEW MEXICO AND TO ESTABLISH A BOARD OF HEALTH AND MEDICAL EXAMINERS.
H. S. H. B. No. 53; Approved March
Sec. 1. Board of Health and Medical Examiners establshed. How appointed. Terms
Officers to be elected. Dates of meetings. Majority to constitute quorum.
Sec. 5. Certificates to be recorded.
When no license to be issued. Conditions under which licenses are to be
Words "practice of medicine" for purpose of this act defined. Proviso.
Sec. 9. Misdemeanor to practice without license. Penalty.
Sec. 10. Disposition of fines, etc.. collected. Treasurer to be bonded. Expenses of members, when paid. Secretary of board to file report with governor.
Be it enacted by the Legislative Assembly of the Territory of New Mexico:
Section 1. That a board is hereby established to be called The New Mexico Board of Health and Medical Examiners, which shall be composed of seven reputable physicians of known ability, who are graduates of medical colleges in good standing, as hereinafter defined, and have been registered practitioners in, and bona tide residents of, the Territory of New Mexico for a period of five years next preceding the date of their appointment. The governor of New Mexico shall appoint the members of said board as other territorial officers are appointed from a list to be furnished to him by the New Mexico Medical Society or Association, and shall from a similar list fill any vacancies occurring in said board, and may remove any member of said board who fails to perform his duties as hereinafter defined. Three of the members of said board so appointed shall hold their offices for a period of two years, and the remaining four members of said board shall hold their offices for a period of four years, and thereafter the members of said board, upon the expiration of the terms aforesaid, shall hold their offices for a period of four years and until their successors are elected and qualified. All members of said board shall qualify as now required of the Board of Regents of the University of New Mexico.
Sec. 2. Within sixty days after their appointment, the members of said board shall meet in the Capitol Building, in the City of Santa Fe, New Mexico, and organize by electing one of their number as president, one as vice president, one as secretary and one as treasurer, and thereafter regular meetings of said board shall be held in the said Capitol Building on the second Mondays of January, April, July and October in each year, and there shall be not less than a two days' session at each meeting. Special meetings may be held at any time upon call of the president by written notice to all of the members of the board, in which notice the object of the meeting shall be fully stated. A majority of the members shall constitute a quorum for the transaction of business, but a less number may meet and adjourn to some fixed date.
Sec. 3. The said board shall, upon the production of evidence satisfactory to it, license without examination any
reputable person who is a graduate of a medical college in good standing, as defined in this act, who has been in the active practice of his profession for two years next preceding the time of making application for such license and who personally appears before the board at a regular meeting. A medical college in good standing for the purposes of this act, is defined to be one which has a standard as high as that required by the Association of the American Medical Colleges, and which has ample clinical facilities. Said board, at its April meeting in each year, shall prepare and cause to be printed and distributed for the information of those interested a copy of this law, together with a list to be prepared by such board of colleges in good standing, as defined by this act, and such board may revise such list at any regular meeting. The board shall not recognize any college which misrepresents its records, its teaching, its clinical facilities, or as to its students or graduates. No college of any foreign country shall be recognized, except to the same extent as such foreign country recognizes American colleges, and when said foreign college is of good standing under the laws of New Mexico. No license shall be granted except by the board at a regular meeting, and every applicant for license shall appear in person before such board. Such board may recognize any honorary or emeritus degree conferred upon any foreigner by any such college as fully and to the same extent as if the applicant were a regular graduate thereof.
Sec. 4. Such board shall also license reputable graduates of colleges in good standing, as defined by this act, who have not been in the active practice of their profession for two years next preceding the time of making application for license; also graduates of any reputable college other than colleges in good standing, as defined by this act, who are of good moral and professional character and conduct, and have served an interneship in a good hospital, or who have taken a six months post-graduate course in some institution having ample clinical facilities, or who have had three years or more of actual practice since graduation. Provided, That all applicants for licenses, of the classes referred to in this section, shall be examined on the following, and such other subjects as the board may from time to time prescribe: Anatomy and Histology, 10 questions; Chemistry, 5 questions; Etiology and Hygiene, 5 questions; Physiology, 5 questions; Materia Medica, 10 questions; Therapeutics, 10 questions; Pathology and Bacteriology, 5 questions; Surgery, 10 questions; Physical Diagnosis, 10 questions; Obstetrics, 10 questions: Gynec. ology, 5 questions; Practice of Medicine, 10 questions; Medical Ethics and Jurisprudence, 5 questions. An average of 75 per
cent. must be obtained at such examination by each applicant, and not less than 50 per cent. must be obtained on each subject; the board shall allow an applicant credit marks of 5 per cent. for 5 years of active practice: Provided, That such board may grant licenses without examination to those applicants who have been regular licensed physicians, in other states and territories, having qualifications and requirements equivalent to those required in New Mexico. The president and secretary of said board are hereby empowered to administer oaths to applicants and all witnesses and others appearing before said board in any application or proceeding provided for herein. And any person making a false oath or affidavit before such president or secretary in any such proceeding shall be deemed guilty of perjury and be subject to the punishment provided for that crime. Whenever any applicant for license shall have been examined as herein before provided, and shall have failed to reach the required precentage in not more than two of any of the subjects herein before desiguated, the board may in its discretion allow such applicant another examination on the subjects in which he shall have so failed at its next regular meeting, and may in its discretion issue him a temporary license authorizing him to practice medicine in the Territory of New Mexico until such next meeting and until his second examination shall have been passed upon and decided by such board.
Sec. 5. Every person holding a certificate of said Board of Health shall have the same recorded in a book provided for that purpose in the office of the probate clerk of the county wherein the practitioner resides, within thirty days after said certificate is issued, and the date of the recording shall be indorsed on said certificate. Said certificate, or copy of the registration, must be again recorded in any county to which the practitioner may remove permanently. And the fact that no such certificate shall be found recorded in the county where any person practicing or offering to practice medicine shall be accepted by the court as prima facie evidence that no such certificate has been issued, and shall throw the burden of proving that he has a certificate upon the defendant in any suit or prosecution begun against him for the violation of the provisions of this act.
Sec. 6. It is hereby made the duty of this board to refuse to license any person guilty of immoral, dishonorable or unprofessional conduct, and said board shall also revoke and annul any license which has been issued by said board, or any previous board, upon satisfactory proof being made to said board that the holder of said certificate or diploma has been guilty of immoral, dishonorable or unprofessional con