ÆäÀÌÁö À̹ÌÁö
PDF
ePub

WHEREAS, The test or proof of proper reputation of a medical college is the occupancy of all needful grounds and buildings set apart for lecture and laboratory work; the possession of such mechanical and scientific apparatus and appliances as are necessary to illustrate and supplement medical lectures; a de facto corps of capable professors, whose curriculum embraces not only both lectures and examinations in the eight ordinary branches of medical education-namely, anatomy, chemistry, physiology, hygiene, surgery, obstetrics, practice of medicine, materia medica, and therapeutics-but also the additional and important departments of hospital and clinical instruction; a preliminary examination as a condition of matriculation; the requirement of actual (not merely nominal) attendance upon at least eight-tenths of the lectures of two full winter courses; dissection, practiced during one full winter course; and finally, strict adherence to the measure of requirements for graduation established and published by its officers and faculty; therefore,

Resolved, That the State Board of Health of West Virginia will not hesitate to refuse recognition of all diplomas granted by disreputable medical colleges.

Resolved, That nothing less than the definition or measure of requirements expressed in the foregoing preamble, or a very close approximation thereto, will be accepted by this Board as proof of the "good reputation" of a medical college.

NOTE 2.-"All persons who are graduates of a reputable medical college in the school of medicine to which the person desiring to practice belongs." For example: If the applicant intend to practice homœopathy, or as an "eclectic," he cannot register on the basis of a diploma from a regular college-no matter how high the standing. In other words: If the applicant for registration intend to practice homeopathy, he or she must present a diploma from a “reputable" homoeopathic college; or, if as an eclectic, from a "reputable" eclectic medical college.

NOTE 3.-Application for registration may be made either to the State Board in regular ses. sion or to the two members thereof representing the Congressional District in which the applicant resides. For convenience, applicants may present their diplomas for verification either in person or by proxy; or they may be sent through the mails or by express. But however presented, the diploma must come free of charge to the member of the Board to whom it is addressed, and be accompanied with an affidavit, duly certified by some person authorized to administer an oath that the person presenting or offering the diploma for registration is the same person therein named; and the place of residence of the applicant.

II.-PHYSICIANS WHO HAVE PRACTICED MEDICINE IN THIS STATE CON-
TINUOUSLY FOR THE PERIOD OF TEN YEARS PRIOR TO THE
EIGHTH DAY OF MARCH, 1881.

"Every such person shall make and file with the two members of the State Board of Health in the Congressional district in which he resides, or if he reside out of the State, in the district nearest his residence, an affidavit of the number of years he has continuously practiced in this State, and if the number of years therein stated be ten (10) or more, the said Board or said two members thereof, shall, unless they ascertain such affidavit to

be false, give him a certificate to that effect and authorizing him to practice medicine in all its departments in this State."

NOTE 1.-Mark the word "continuously" as it is used in the law. It means ten consecutive years in medical and surgical practice in West Virginia; and an affidavit, accompanying an application for registration in this class, which does not specifically set forth the fact of ten years' continuous practice, will be insufficient.

III.--EXAMINATION OF NON-GRADUATES AND THOSE WHO HAVE NOT HAD

TEN YEARS' CONTINUOUS PRACTICE IN WEST VIRGINIA.

"A person who is not such graduate and who has not so practiced in this State for a period of ten (10) years, desiring to practice medicine in this State, shall, if he have not already done so, present himself for examination before the State Board of Health, or before the said two members thereof in the Congressional district in which he resides, or if he reside 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 they find him qualified to practice 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 practice medicine in this State to the same extent as if he had the diploma and certificate hereinbefore mentioned.

[ocr errors]

"Every person on presenting himself for examination as herein before provided, shall pay to the State Board of Health, or to the members thereof by whom he is examined, a fee of ten (10) dollars, which shall not be returned if a certificate be refused him. But he may again at any time within one year after such refusal present himself for examination as aforesaid, without the payment of an additional fee, and if a certificate be again refused him, he may as often as he see fit thereafter, on the payment of a fee of ten (10) dollars, be examined as herein provided until he obtain such certificate."

NOTE 1.-The candidate for examination must make application in writing, and he may address it, as he please, either to the State Board in regular session, or to the two members of the Congressional District Board. The application must in all cases be accompanied with the fee of ten dollars, and give the place of residence of the applicant, and his name in full.

NOTE 2.-Candidates for examination must present themselves in person before the Board at such time and place as may be appointed for that purpose, and conform to the rules adopted for their government.

IV. NON-RESIDENT PHYSICIANS MAY BE REGISTERED IN WEST VIRGINIA.

Non-resident physicians who may desire to practice medicine and surgery in this State, must conform to the law in like manner as required of residents.

V.-WHAT CONSTITUTES PRACTICING MEDICINE.

"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 commissioned officers of the United States army and navy and marine hospital service."

NOTE.-Gratuitous service does not afford exemption from the penalty of the law for practicing without a certificate of qualification from the State Board of Health. It is therefore wholly immaterial whether the person charge for his service or not. If he even attempt to practice medicine without having first secured a certificate, he is guilty of a violation of the law, and liable to prosecution.

VI.-ITINERANT PHYSICIANS.

"Any itinerant physician desiring to practice medicine in this State, shall before doing so, pay to the sheriff 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 receipt in duplicate therefor. He shall present said receipt to the clerk of the county court of such county, who shall file and preserve one of them in his office, and endorse on the other the words: A duplicate of this receipt has been filed in my office,' and sign the same and deliver it to the person presenting the same; and if any such physician shall practice, or attempt to practice medicine in any such county without having paid such tax and filed such receipt with the clerk of the county court and obtained his endorsement on the other as aforesaid, or if he shall so practice or attempt to practice for a longer period than that for which he has paid such tax as aforesaid, he shall be guilty of a misdemeanor and fined not less than one hundred nor more than five hundred dollars. 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, shall be held and deemed to be an itinerant physician and subject to the taxes, fines, and penalties prescribed by this section."

NOTE 1.-Itinerant physicians desiring to practice medicine and surgery in this State must first register and obtain a certificate in the class to which they belong-namely, either as Graduates of a "Reputable" Medical College, Ten Years' Practitioners, or by examination. Next, after they have so registered and obtained a certificate from the State Board, they must then pay to the Sheriff of each county in which they shall offer to practice a special tax of Fifty Dollars for each month and fraction of a month they shall so practice or offer to practice. Application for registration and certificate may be made either to the Secretary of the State Board or to one or the other of the two members of the District Board.

NOTE 2.-It is the duty of Sheriffs, Prosecuting Attorneys, Justices of the Peace and Constables to see that this law is strictly enforced.

HOW TO ENFORCE THE LAW.

Any person having knowledge of a violation of the law is competent to make information to the Grand Jury, the Prosecuting Attorney, or to any Justice of the Peace within whose jurisdiction the offense has been committed.

Foundation for a prosecution for practicing medicine, surgery and obstetrics unlawfully may be laid in the following manner:

FORM OF COMPLAINT.

STATE OF WEST VIRGINIA,

A. B

D

[ocr errors]

COUNTY.

[blocks in formation]

of said county, being first duly sworn, on oath says that C. on the day of A. D. 188-, in the said county of

did then and there unlawfully practice and attempt to practice medicine, surgery and obstetrics in this State, without having obtained from the State Board of Health, or from the two members thereof in the Congressional district in which he then and there resided, the certificate required by law, he, the said C. D —, at the time he practiced, or so attempted to practice, not being a commissioned officer of the United States army, or navy, or in the marine hospital service, contrary to the form of the statute in such case made and provided, and he, the said A. Btherefore

prays that the said C. D- —, may be apprehended and dealt with in relation thereto as the law requires.

[blocks in formation]

Taken, subscribed and sworn to before me this 188-.

[merged small][merged small][ocr errors]
[blocks in formation]

An indictment for practicing medicine, surgery and obstetrics without obtaining the certificate required by law may be as follows: STATE OF WEST VIRGINIA,

COUNTY.

}

SS.

IN THE CIRCUIT COURT OF SAID COUNTY.

The grand jurors of the State of West Virginia in and for the body of the county of and now attending the said court, upon their oaths present that A. B on the day of 188, in the said county did then and there unlawfully practice and attempt to practice medicine, surgery and obstetrics in this State without having obtained from the State Board of Health, or from the two members thereof in the Congressional district in which he then and there resided, the certificate required by law, he, the said A. B- at the time he practiced, or so attempted to practice,

[ocr errors]

medicine, surgery and obstetrics in this State, not being a commissioned officer of the United States army, or navy, or in the marine hospital service, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State.

Upon the information of C. D― and E. F—, sworn in open court and sent to the grand jury to give evidence on this indictment.

G. HProsecuting Attorney.

PROSECUTIONS UNDER THE LAW.

As a matter of interest to Prosecuting Attorneys-and to all persons in this State who desire the strict enforcement of the statute regulating the practice of medicine and surgery—the following very comprehensive questions submitted by Dr. John H. Rauch, Secretary of the State Board of Health of Illinois, to the Hon. James McCartney, Attorney General of the State of Illinois, and the perspicuous answers and opinion of this learned jurist in reply, are herewith reproduced from the minutes of a recent meeting of the State Board of Health of Illinois. Gen. McCartney's opinion is not only valuable to Prosecuting Attorneys, but his conclusions and learned citations of legal authorities will be specially useful to courts in which suits may arise involving the same questions:

ILLINOIS STATE BOARD OF HEALTH,
OFFICE OF THE SECRETARY,
SPRINGFIELD, October 1, 1883.

SIR-It being deemed necessary to put in the complaint, hereto attached, the allegations therein underlined, and it being necessary to make the same allegations in the indictment or information, I have the honor to request that you state whether it is or is not necessary that the people should prove, beyond a reasonable doubt

1. That the accused did not have an unrevoked certificate from this Board of the genuineness of his diploma or license.

2. That the accused did not have an unrevoked certificate from this Board, authorizing him to practice in the State of Illinois.

3. That the accused did not have a commission as a surgeon of the United States army or navy.

4. If it is necessary the people should prove any or all of these allegations, is it necessary to produce the records for that purpose? If not necessary, how can the allegations be proved otherwise?

5. Is there any statute of the State of Illinois which makes a certificate

« ÀÌÀü°è¼Ó »