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When new members

governor shall appoint two members of said board for the appointed by term of four years; vacancies in the said board shall be filled by the governor for the unexpired term. Any person so appointed may be removed from office by the governor for incompetency, neglect of duty, gross immorality or drunkenness, or for any cause deemed necessary for the public good.

governor. Vacancies to be filled by governor. For what causes re

movals may be made.

Oath of office.

Certificate of, to be filed with secretary of state.

President and secretary; how elected.

office.

rated.

Its corporate powers defined.

Their Oath of Office.

2. The persons so appointed shall take the oath of office prescribed by the fifth section of the fourth article of the constitution of this state, before entering upon the duties of their office, and file a certificate of their having done so with the secretary of state.

Election of President, Etc.

3. The said board shall, on a day to be fixed by them, in every two years, elect from their own number, a president Their terms of and secretary, who shall hold their offices for the term of two years, and until their successors are appointed and enter upon the duties of their office. The said board shall Board incorpo-be a corporation by the name and style of "The State Board of Health of West Virginia," and have and use a common seal, and, as such corporation, may sue and be sued, contract and be contracted with, plead and be impleaded, to the extent of the powers conferred upon said board by this chapter. Said board may make and adopt all necessary rules, regulations and by-laws, not inconsistent with the constitution and laws of this state, or of the United States, to enable it to perform its duties and transact its business under the provisions of this chapter. A majority of said board shall constitute a quorum for the transaction of business. A meeting of the board may be called by the president or any three members thereof.

Quorum.

How a meeting called.

Secretary of

Duties of Secretary.

4. The secretary shall be the recording officer of the board: his du- board, and in addition to his other duties prescribed in this

ties defined.

Special duties may be imposed upon him by board.

chapter, he shall respond to all communications of the local boards of health, as well as from any member of said state board of health residing at a distance from his office, and give to them such advice and information relative to their duties, as he may deem necessary and proper. He shall also do and perform such other duties as the state board may lawfully direct, and in case of the prevalence visit infected of endemics, epidemics, infectious and contagious disrequested so to eases, or other unusual sickness, he shall, on the request of the local board of health, visit the locality and advise with them, and adopt such regulations for its suppresion

During preva

lence of endemics, etc. to

localities when

do by local boards of

health.

A

His report to

governor;

and what to

as may seem best. He shall annually report to the governor, on or before the first day of January, the investiga- when made tions, discoveries and recommendations of the board, contain which shall be printed and distributed as soon as practi- To be printed cable thereafter, in the same manner as other public documents of the state, except that the governor may cause said report to be printed and distributed annually.

Duties of the Board.

and distrib

C-uted.

board defined

ated.
As

occurring

animals.

They are to

water supply,

towns.

and warming

mines, etc.

to prevent

5. The board shall take cognizance of the interests of Duties of the the life and health of the inhabitants of the state, and and enumer shall make, or cause to be made, sanitary investigations to human and inquiries respecting the causes of diseases, especially diseases. of endemics, epidemics, and the means of prevention, the sources of mortality, and the effects of localities, employments, habits and circumstances of life on the public health. They shall also investigate the causes of dis- As to diseases eases occurring among the stock or domestic animals in among stock the state, the methods of remedying the same, and shall and domestic gather information in respect to these matters and kindred subjects for diffusion among the people. They shall also examine into and advise as to the water supply, examine and drainage and sewerage of towns and cities; the ventila- advise as to tion and warming of public hails, churches, school drainage, etc., houses, workshops and prisons; the ventilation of coal of cities and mines, and how to treat promptly accidents resulting from Ventilation poisonous gases. When they may believe there is a of public probability that any infectious or contagious disease will buildings, coal invade this state from any other state, it shall be their what action duty to take such action, and adopt and enforce such taken by them rules, as they may in the exercise of their discretion, deem invasion of efficient in preventing the introduction and spread of such diseases from disease or diseases. The better to accomplish such objects, the board are empowered to establish and strictly quarantine; maintain quarantine at such places as they may deem their power to proper, and may adopt rules and regulations to obstruct and prevent the introduction or spread of infectious or contagious diseases, to or within the state. They may What inspecenforce inspections of persons and articles of baggage, or and baggage other goods of whatever character, as well as the purifi- may be enforced by them cation of the same; and companies or individuals oper- Duty of corpoating or controlling railroads, passenger coaches, public by instrucconveyances, and steamers plying the Ohio river, or its tions of board, tributaries in this state, shall obey the rules and regula- Instructions to tions when made and published by the board in some be printed in newspaper printed at or near the place where the danger near place of is; and any owner or person having charge of such rail- danger. way train, passenger coach, steamboat, or public or Penalty for private conveyance, who shall refuse to obey such rules disobedience by such corpoand regulations when so made and published, shall be ration, etc.. to guilty of a misdemeanor, and for each offense be fined tions of board.

other states.

establish, etc.

tions of persons

rations, etc., to

in certain cases

newspaper

obey instruc

Fine and imprisonment.

Local county boards; how appointed, number and qualification of members, etc.

office.

Vacancies to be

filled by state

board on nomination of

county court.

Duties of local boards as to

sanitary regu

lations, etc.

not less than fifty nor more than five hundred dollars, and be confined in the county jail not less than fifteen days, nor more than two months, at the discretion of the court.

6. It shall be the duty of the county court to nominate, and the said board to appoint, in each of the counties of this state, three intelligent and discreet persons residing therein, one of whom, at least, shall be a person qualified to practice medicine under the provisions of this chapter, if there be such person residing in the county, and the persons so appointed shall constitute a local board of health for the county of their residence, and hold their Their terms of office for the term of two years, and until their successors are appointed, unless sooner removed from office by the state board of health. Vacancies in said local board shall be filled by the state board for the unexpired term upon the nomination of the county court. The said local board of health shall make and establish, for their county or for any district, or place therein, such sanitary regulations and rules as they may deem necessary and proper to prevent the outbreak and spread of cholera, small-pox, scarlet-fever, diphtheria and other endemic, infectious and contagious diseases, and they, or any of them, may, except in the night time, in the performance of the duties imposed on them, enter into or upon any house or premises and inspect the same whenever they have reason to members as to believe that such house or premises is in an unclean or infectious condition; and if any house or premises so inWhen house or spected be found in such condition as aforesaid, said local premises found board shall direct and require the person in charge of, or of local board occupying the same, if of sufficient ability, to cleanse and same purified. purify the same according to the sanitary rules and regulations made by said board as aforesaid, and if any such person shall fail or refuse to comply with and obey the failure to com- said directions and requirements of said board, he shall be guilty of a misdemeanor, and fined not less than ten nor more than one hundred dollars. Such local board shall also enforce within their county all the lawful rules and regulations of the state board of health applicable to Practicing phy- such county. It shall be the duty of every practicing

Privilege of

entering and inspecting houses, etc.

infected, power

to order the

Penalty for

ply with such
order.
Local boards to
enforce rules
and regula-

tions of state
board.

sicians to report certain diseases to local boards.

When and what local boards to report to state board.

physician in any county, in which there is such local board of health, to report to said board promptly, all or any diseases of the above named character under treatment by him, and said local board shall once, at least, in every three months, report to the state board of health the character of all such infectious, contagious, endemic, or epidemic diseases; the number of persons reported as infected with either of said diseases, naming the same; the action taken by such local board to arrest the progress of every such disease, and the visible effects (if any) of village boards such action. Where any city, town or village has a board under jurisdic- of health of its own, the jurisdiction of the local board so

City, town or

of health not

board.

appointed shall not extend thereto, but such city, town tion of local or village board of health shall be auxiliary to, and act. in harmony with the state board of health.

Duties of Local Board as to Quarantine, Etc.

to state board.

local boards.

persons.

lished, duty of

writing to

residing in

sional district.

lation thereto.

tinue quaran

sons to their

for same.

mon guard to

7. The local board of health of any county may declare But auxiliary quarantine therein, or in any particular district, or place Quarantine therein, against the introduction of any contagious or established by infectious disease, prevailing in any other state, county against what or place, and of any and all persons and things likely to diseases and spread such contagion or infection. As soon as such when estabquarantine is established, such local board shall, in local board to writing, inform the members of the state board of health report fact in residing in their congressional districts, thereof, whose member of duty it shall be to ascertain, as soon as practicable, the state board necessity therefor, if any exists, and if they find that no same congressuch necessity exists, they shall declare the same raised. Duty of such The said local board shall have power and authority to member in reenforce such quarantine until the same is raised as afore- Power of local said, or by themselves, and may confine any such in- board to confected person, or any person liable to spread such conta- tine until gion or infection to the house or premises in which he May confine resides, or if he have no residence in the county, at a infected perplace to be provided by them for the purpose; and if it residences or shall become necessary to do so, they shall summon a place provided sufficient guard for the enforcement of their orders in the Power to sumpremises. Every person who shall fail or refuse to com- assist in enforcply with any order made by such board under this sec- ing orders. tion, and every person summoned as such guard who failure to comshall, without a lawful excuse, fail or refuse to obey ply with orthe orders and directions of such board in enforcing When guard said quarantine, shall be guilty of a misdemeanor, and fails or for each offense be fined not less than twenty-five Fine. nor more than one hundred dollars. In cases of emergency or of actual necessity, and when the court or corporate authorities are from any cause unable to meet or to provide for the emergency or the necessity of When actual the case, all actual expenditures necessary for local and county sanitacounty sanitation, as provided for in this section, shall be tion to be paid certified by the local board of health to the county court, treasury, and the whole or as much thereof, as the said court may what courts deem right and proper shall be paid out of the county accounts certitreasury. The board of health of any city, town or village, shall have the same powers and perform the same town and vil duties herein conferred upon and required of the local lage boards of board of health in their county. The state board of State board health may also, under the provisions of this section, de- may declare clare quarantine in any part of the state, and all the pro- any part of visions of this section shall be applicable to the quaran- state. tine so declared.

Penalty for

ders of board.

refuses.

expenses for

out of county

How and to

fied.

Powers of city,

health defined.

quarantine in

8. The state board of health, its agents and employes, By whom and

when steam

boa s and other water

crafts, infected with certain

diseases, may from landing at any point in

be prevented

state.

When railroad trains, etc.,

may be de

amined.

When found

detained until

and the local boards of health, in the absence of the state board, its agents and employes, when they have reason to believe that any steamboat or other water craft, navigating the Ohio river, or its tributaries in this state, or any other of the waters of the state, or bordering thereon, is infected with any contagious or infectious disease, may prevent the landing of such boat or craft at any point in this state. They may also, if they have reason to believe that any railroad train, coach, or other vehicle passing on tained and ex- or along any railroad in this state contains any person or thing infected with contagious matter, detain at any stainfected, to be tion or point on such railroad where it can be done with disinfected. safety, such train, coach, or vehicle for a time sufficient to examine the same, and if found to be so infected, for a time sufficient to disinfect and purify the same; and if posed on con- the conductor or person in charge of such train, coach, or failing to stop vehicle, shall wilfully fail or refuse to stop the said train, When directed coach or vehicle, for the time aforesaid, he shall be guilty so to do. of a misdemeanor and punished as prescribed in section five of this chapter. Nothing herein contained shall be not to impair so construed as to impair or affect the powers and duties of the county court of any county under the provisions of and duties of sections twenty-five and twenty-six of chapter thirty-nine of the code of West Virginia, as amended and re-enacted by chapter five of the acts of one thousand eight hundred and eighty-one.

Penalty im

ductor, etc., for

train, etc.,

Construction;

or affect cer

tain powers

county court.

Medical practitioners.

Who privi

leged to practice in this state.

Graduates of reputable medical

schools.

etc., may en

Who May Practice Medicine in this State.

9. The following persons and no others shall hereafter be permitted to practice medicine in this state, viz:

First. All persons who are graduates of a reputable medical college in the school of medicine to which the person desiring to practice belongs. Every such person shall, if he has not already done so, and obtained the certificate hereinafter mentioned, present his diploma to the In such cases, state board of health, or to the two members thereof in diploma, when found genuine, his congressional district, and if the same is found to be title applicant genuine, and was issued by such medical college as is to certificate. hereinafter mentioned, and the person presenting the By whom cer- same be the graduate named therein, the said board or tificate issued. said two members thereof (as the case may be) shall Effect of diplo-issue and deliver to him a certificate to that effect; and ma and certifi- such diploma and certificate shall entitle the person named in such diploma to practice medicine in all its departments in this state.

cate.

Persons resid

ing in state, or

Second. All persons who have practiced medicine in counties bor- this state, continuously, for the period of ten years prior to the eighth day of March, one thousand eight hundred practiced con- and eighty-one. Every such person shall make and file tinuously for ten years prior with the two members of the state board of health in the

dering thereon, who have

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