1881.

requisite fact.

congressional district in which he resides, or if he resides to March 8, out of the state, in the district nearest his residence, an To whom and how such peraffidavit of the number of years he has continuously son must furpracticed in this state, and if the number of years therein nish proof of stated be ten or more, the said board or said two mem- when proof bers thereof, shall, unless they ascertain such affidavit to entitles applibe false, give him a certificate to that fact, and authoriz-cate. ing him to practice medicine in all its departments in this state.

cant to certifi

of certain ap

provided for.

examination

granted a cer

effect.

Third. A person who is not such graduate and who has Examination not so practiced in this state for a period of ten years, plicants, not desiring to practice medicine in this state, shall, if he has graduates, etc., not already done so, present himself for examination be- Before and by fore the state board of health or before the said two mem- whom such bers thereof in the congressional district in which he re- made. sides, or if he resides out of this state, to the said two members of the state board of health in the congressional district nearest his place of residence, who, together with a member of the local board of health who is a physician (if there be such member of the local board), of the county in which the examination is held, shall examine him as herein provided; and if, upon full examination, when found they find him qualified to practice medicine in all its de- qualified, to be partments, they, or a majority of them, shall grant him a tificate to that certificate to that effect, and thereafter he shall have the Rights conferright to practice medicine in this state to the same ex-red by certifitent as if he had the diploma and certificate herein before mentioned. The members of the state board of health in each congressional district shall, by publication in some such examinanewspaper printed in the county in which their meeting whom, how is to be held, or if no such paper is printed therein, in and when nosome newspaper of general circulation in such district, be advertised. give at least twenty-one days' notice of the time and place at which they will meet for the examination of applicants for permission to practice medicine, which notice shall be published at least once in each week for three successive weeks before the day of such meeting. But this section shall not apply to a physician or surgeon a physician or who is called from another state to treat a particular case surgeon of anor to perform a particular surgical operation in this state, called to treat and who does not otherwise practice in this state.

Certificate to be Recorded.

cate.

Meetings for

tions; by

tice of same to

Not to apply to

other state,

a particular case, etc.

office of secre

board of health

10. Every person holding any such certificate as is Certificate to herein before provided for shall have the same recorded be recorded in in the office of the secretary of the state board of health, tary of state in a book to be kept by him for that purpose, and the Fact of recordsecretary shall endorse on said certificate the fact of such ation to be recordation, and deliver the same to the person named certificate. therein, or to his order.

endorsed on

Fees for exam

ination.

Amount of

same.

Not to be re

certificate

Fee for Examination, Etc.

11. Every person on presenting himself for examinaTo whom paid. tion as hereinbefore provided, shall pay to the state board of health, or to the members thereof by whom he is examined, a fee of ten dollars, which shall not be returned turned when if a certificate be refused him. But he may again at any time within one year after such refusal, present himself case applicant for examination as aforesaid, without the payment of an additional fee, and if a certificate again be refused him, re-examined, he may as often as he see fit thereafter, on the payment without addi- of a fee of ten dollars, be examined as herein provided until he obtains such certificate.

refused.

But in such

may within a

certain time be

tional fee, etc.

Examinations.

How made;

Examinations-How Made.

12. Examinations may be in whole or in part in writwhat subjects ing and shall be of an elementary and practical characto embrace,etc. ter, and shall embrace 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 pronot to apply to visions of this chapter shall not apply to females practicing midwifery.

This chapter

mid-wife.

Construction;

what persons regarded as practicing

medicine. To apply to cer

To Whom this Chapter Applies.

13. Any person shall be regarded as practicing medicine, within the meaning of this chapter, who shall profess publicly to be a physician, and to prescribe for the sick or who shall append to his name the letters "M. D." This act shall also apply to apothecaries and pharmacists who prescribe for the sick. This act shall not apply to officers of U. s. commissioned officers of the United States army and army,etc. navy and marine hospital service.

ain druggists

and pharma

cists. Not to

commissioned

sicians; special

whom and the

amount. Receipt in duplicate; to

Itinerant Physicians; Tax On, Etc.

Itinerent phy- 14. Any itinerant physician desiring to practice meditax to be paid cine in this state, shall before doing so, pay to the sheriff by same; to of every county in which he desires to practice, a special tax of fifty dollars for each month and fraction of a month he shall so practice in such county, and take his be presented to receipt in duplicate therefor. He shall present said reclerk of county ceipts to the clerk of the county court of such county, be filed and who shall file and preserve one of them in his office, and with endorse- endorse on the other the words "A duplicate of this rement thereon. ceipt has been filed in my office," and sign the same and such physician deliver it to the person presenting the same; and if any practicing,etc., such physician shall practice or attempt to practice mediwithout pay cine in any such county, without having paid such tax

court; one to

other returned

Penalty for

ing tax, etc.

tax paid for.

and filed such receipt with the clerk of the county court and obtained his endorsement on the other as aforesaid, of practicing or if he shall so practice or attempt to practice for a longer for longer period than that for which he has paid such tax as afore- period than said, he shall be guilty of a misdemeanor and fined not Fine. less than one hundred nor more than five hundred dollars. Any person who shall travel from place to place Who to be and by writing, printing or otherwise publicly profess to itinerant cure or treat diseases, injuries or deformities, shall be physicians. held and deemed to be an itinerant physician and subject to the taxes, fines and penalties prescribed in this section.

Penalty for Practicing, Etc., Unlawfully.

regarded as

plying with

section 9 of this

15. If any person shall practice, or attempt to practice, Penalty for "practicing medicine, surgery, or obstetrics in this state, without hav- medicine, etc., ing complied with the provisions of section nine of this without comchapter, except as therein provided, he shall be guilty of provisions of a misdemeanor and fined for every such offense not less chapter. than fifty nor more than five hundred dollars, or impris- Fine and imoned in the county jail not less than one month nor prisonment. more than twelve months, or be punished by both such fine and imprisonment at the discretion of the court. And if any person shall file or attempt to file, as his own, Penalty for the diploma or certificate of another, or shall file or at- using diploma tempt to file a false or forged affidavit of his identity, or another; or a shall wilfully swear falsely to any question which may diploma, etc. be propounded to him on his examination, as herein provided for, or to any affidavit herein required to be made or filed by him, he shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than three years, or imprisoned in the county jail not less than six nor more than twelve months, and fined not less than one hundred nor more than five hundred dollars, at the discretion of the court.

Salaries, Etc.

or certificate of

false or forged

Punishment.

state board of

whom fixed:

Traveling

16. The secretary of the state board of health shall re- Salaries. ceive a salary to be fixed by the board, but not to exceed of secretary of the sum of five hundred dollars; he shall also receive his health; by traveling and other necessary expenses incurred in the what amount performance of his official duties within the limits of this not to exceed. state, not to exceed, however, one hundred dollars. The expenses. other members of said board shall each receive four dol- Of other memlars per day for each day actually and necessarily em- bers of board. ployed by them in the discharge of the duties of their office. But the whole of the expenses so incurred, the Amount for salary of the secretary, and the per diem of the members limited. of the board, shall not exceed the sum of fifteen hundred dollars in any one year. The state board shall audit all

salaries, etc..

Bills to be

audited by state board.

bills made out in due form, and verified by the member rendering the service, or incurring the expense or traveling in the performance of the duties of his office. Such must be veri- bills, when approved by the governor, shall be paid out of the state treasury.

How same

fied.

How paid.

All moneys re

board of

state treasury

Duty of sec'y of

at what times.

to certify to

17. All moneys received by the state board of health, ceived by state or any of its members, in payment of fees for examinahealth, etc., to tion, as well as the special taxes received by the sheriff be paid in the under the provisions of section fourteen of this chapter, within a cer- shall be paid into the state treasury within one month tain time. after the same are received. And it shall be the duty of· board to certify the secretary of the state board of health on the first days such moneys; of January and July in each year, or within five days thereafter, to certify to the auditor all such moneys received by said board, or by any member thereof, during Duty of clerk the preceding six months. It shall also be the duty of of county court the clerk of every county court on the same days in each year, or within five days thereafter, to certify to the auditor all moneys received by the sheriff under this chapter shown by the receipts filed in his office, as required by section fourteen of this chapter; and any such secretary or clerk who shall fail to comply with the provisions of this section, shall be guilty of a misdemeanor and find for each offense not less than fifty nor more than two hundred dollars. And if any member of the state board of health shall fail to account for and pay into the treasury as herein required, any moneys received by him as aforesaid, he shall be guilty of a misdemeanor and fined double the amount of the moneys so received and which he has failed to pay as aforesaid.

auditor moneys re

ceived by sheriff under this chapter,

etc.

Penalty for

failure of such

secretary or
clerk to com-
ply, etc.
Fine.
Penalty for
failure of
member of

state board to
account for

moneys, etc. Fine.

Unsound pro

visions; pen

Authority to Administer Oaths.

18. The secretary of the state board of health, or any member thereof, shall have power to administer oaths and take and certify affidavits in any matter or thing pertaining to the business of the board, or of any of the

members thereof.

Selling of Unsound Provisions.

19. If a person knowingly sell any diseased, corrupted, or unwholesome provisions, whether food or drink, withalty imposed out making the same known to the buyer, he shall be confined in jail not more than six months, and fined not exceeding one hundred dollars.

for selling

same know

ingly.

Adulterating

Adulterating Provisions or Drinks.

20. If a person fraudulently adulterate, for the purpose provisions or of sale, anything intended for food or drink, or if he knowingly sell or barter anything intended for food or

drinks.

prescribed.

drink, which is not what it is represented to be, or what Penalty for it is sold for, he shall be confined in jail not more than For knowingly one year, and fined not exceeding five hundred dollars; misrepresentand the adulterated or other articles shall be forfeited drinks. and destroyed.

Acts Repealed.

;ing food or

Punishment.

2. All acts and parts of acts coming within the purview Inconsistent of this act, and inconsistent therewith, are hereby repealed.

[Approved March 25, 1882.]

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.]

The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.

acts repealed.