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jail not less than fifteen days, nor more than two months, or be either so fined or imprisoned, or both, in the discretion of the jury trying the case, to be recovered in any How recovered court of competent criminal or penal jurisdiction.

health; how appointed.

6. It shall be the duty of the state board of health, with Local board of the consent of the county court, to appoint three intelligent and discreet persons, (one of whom, at least, shall be a legally qualified practicing physician,) citizens residing in each county of this state, who shall constitute a local board of health, for the respective counties in which they reside; and such persons, as members of the local board, shall hold their office for the term of two Term of office. years from the date of their appointment; and such local power of local board are empowered, and it shall be their duty, to in- board. augurate and execute and require the heads of families. to execute such sanitary regulations, as the local beard may consider necessary to prevent the outbreak and spread of cholera, smallpox, scarlet fever, diphtheria, and other endemic, infectious and contagious diseases; and they are empowered to go upon and inspect any premises which they may believe are in an unclean or infectious condition, and the said local boards are authorized to enforce the rules and regulations of the state board of health. And it shall be the duty of physicians practicing ticing physiin any county, in which a local board is organized to re- cians to report port promptly, all or any of the above named character as to what. of diseases, under their special treatment to such local Local board to board; and such local board shall make report of the board; when same to the state board of health, at least once in every port. three months; first, of the character of the infectious, contagious, endemic or epidemic disease prevailing in their county; second, the number of persons reported as infected with such disease; third, the action taken by such local board to arrest the progress of such prevalent disease, and the visible effects of such action. The pro- the local visions for local boards of health, shall not apply to boards shall not apply to cities and towns having boards of health, but where such certain cities local boards of health are already established in cities and towns. and towns, they shall be auxiliary to, and act in har- boards to be mony with the state board of health.

Duty of prac

to local boards;

report to state

and what to re

Provision for

Certain local

auxiliary to state board.

Ohio river and

tween Ken

7. In the counties bordering on the Ohio river and its in counties tributaries, and on the state line separating West Vir- bordering on ginia from the state of Kentucky, the local boards of tributaries and health are empowered to declare quarantine in said on the line becounty, or counties, or in any particular place or places tucky and West Virginia, local therein, against the introduction of any contagious or in- boards of fectious diseases prevailing in any other state or county health empow Provided, That as soon as such quarantine is established, quarantine. the local board declaring the same through its presiding ber of state or chief officer, shall, in writing, notify the district mem- board to be nobers of the state board of health of such quarantine and

ered to declare

District mem

tified.

ascertain ne

quarantine.

State board to the extent thereof, and thereupon the state board of cessity of such health, in the exercise of its supervising power over local boards, shall, as early as practicable, ascertain the necessity of such quarantine, and shall either approve of and enforce the said quarantine or declare the same raised.

health, etc.,

prevent the

contagious

State board of 8. The state board of health, and its agents, employes, empowered to or the local boards of health, acting under the direction landing of any and regulations of the state board, when they have reassteamboat, etc., onable grounds to believe that any packet or other steaminfected with boat, barge or other water craft navigating the Ohio river disease, etc. or its tributaries, is infected with any infectious or contagious disease, are empowered to prevent the landing of such craft at any point on the West Virginia shore, or elsewhere within the state; and they are also empowered, when they have reasonable grounds to believe that any such railway train, coach or other vehicle contains persons, or goods of whatsoever character infected with contion any rail-tagious matter, to detain at any station or point on such way train, railway or road such train, coach or vehicle for a time vehicle con- sufficient to disinfect and purify the same: Provided, taining infect Quarantine has been established at such station or place by action of such boards; and any railway conductor, or must have been person in charge of the same who shall wilfully avoid or established. prevent the inspection, disinfection, and purification of venting the in- the conveyances above named in his control, shall be spection, etc., guilty of a misdemeanor and liable to the penalty hereinbefore mentioned, to be recovered in the circuit court of How recovered. any county where the offense has been committed.

The state board may also detain at any

coach, or other

ed persons or goods, etc. Quarantine

Penalty for pre

of such con

veyances.

ifications for practicing medicine.

issued.

Requisite qual- 9. Any person practicing medicine, in any of its departments, shall possess the qualifications required by this act, viz: If a graduate in medicine, he shall present a diploma to those members of the state board of health appointed for his congressional district for verification as to its genuineness. If the diploma is found to be genuine and issued by a reputable medical college, and recognized as such an institution, and if the person named By whom certherein be the person claiming and presenting the same, tificate to be the said two members of the state board of health shall Certificate to be issue a certificate to that effect, and such diploma and certificate shall be conclusive as to the right of the lawful holders of the same to practice medicine in the state of West Virginia. If not a graduate of such medical colgraduates; how lege as above designated, every person practicing medicine in this state shall present himself before the said two members of the state board of health in his congressional district, together with the presiding medical officer of the local board of health of the county in which the respective district state boards of health may hold their examinations, and submit himself to such examination as the said board shall require; and if the examination be

conclusive.

Persons not

examined.

If examination satisfactory,

issued.

practice more

satisfactory, they shall issue a certificate in accordance certificate to be with the facts, and the lawful holder of such certificate Effect of certifishall be entitled to all the rights and privileges herein cate. mentioned; except that physicians, who have been Exception as to engaged in the continuous practice of medicine in this physicians in state for more than ten years at the date of the passage than ten years. of this act, shall, in lieu of a diploma or examination by the members of the state board of health, present to the such practition said board an affidavit as to the number of years they ers to furnish have been engaged in the practice of medicine, and the number of said board shall issue its certificate to such physician practice. without requiring an examination. The members of the Certificate to state board of health in each congressional district shall board to such give not less than twenty days' public notice of the time practitioners. and place of their meetings, in order to accommodate Notice reapplicants for certificates.

affidavit of the

years of their

be issued by

quired.

state board to

10. Every person holding a certificate from the state Certificate board of health, shall have it recorded in a book kept for granted by that purpose by the secretary of the said state board of be recorded by health, and a record of the same shall be endorsed upon state board. said certificate, with the seal of the state board of health, and signed by the president and secretary of the same.

secretary of

examination

ter.

Fee to be re

11. Each candidate, on presenting himself for examina- Candidates for tion, shall be possessed of a good moral character, tem- must be of good perate habits, and shall pay a fee of ten dollars, which moral characshall be returned to him if a certificate be refused. In Fee to be paid. case an applicant for a certificate fails to pass a satisfac- turned if certory examination, he may, within nine months thereafter, tificate be not appear again before the board in his congressional dis- Second examitrict for a second examination; and if he then fails to nation. pass a satisfactory examination, he may appeal from the board. decision of the board in his congressional district to the state board, which, at its next meeting, shall examine such applicant, and if the examination prove satisfactory,

granted.

Appeal to state

the state board shall grant him a certificate upon the pay- Fee in such ment of fifteen dollars; but if the state board refuse such case. applicant a certificate, the examination shall be final: Provided, That if any person shall fail to pass a satisfactory examination before the board in his congressional district within four months after this act takes effect, he may appeal at once to the state board, which board, within thirty days after such appeal is made, shall examine the applicant, and should the examination prove satisfactory, the said board shall grant such applicant a cer-. tificate upon the payment of fifteen dollars; but such examination, if the applicant be refused a certificate, shall be final.

may be in

12. Examinations may be in whole or in part in writ- Examination ing, and shall be of an elementary and practical charac- whole or in ter, and shall embrace the general subjects of anatomy, physiology, chemistry, materia medica, pathology, brace.

part in writing. What to em

pathological anatomy, surgery and obstetrics, but sufficiently strict to test the qualifications of the candidate Not to apply to as a practitioner of medicine, surgery and obstetrics. females prac- The provisions of this act shall not apply to females ticing midpracticing midwifery.

wifery.

Who regarded

as practicing

medicine.
To apply to
apothecaries,
etc., who pre-

13. Any person shall be regarded as practicing medicine, within the meaning of this act, 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 pharmaofficers of Uni- cists, who prescribe for the sick. This act shall not apply to commissioned officers of the United States army and navy, and marine hospital service.

scribe.

Not to apply to

ted States

army, naval and marine service.

Itinerant physicians.

14. Any itinerant physician who shall practice, or offer to practice medicine within this state, or who shall, by writing or printing, or any other method, publicly profess to cure or treat diseases, injuries or deformities, shall pay Special tax for. to the state board of health a special tax of fifty dollars, for each and every month and fraction thereof, he shall so practice.

Penalty for practicing

without complying with provisions of this act.

15. Any person practicing medicine, surgery or obstetrics in this state, without complying with the provisions of this act, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days, nor more than one year, or by both such fine and imprisonment, for each and every offense; and any person filing or attempting to file as his own, the Filing fraudulent certificate diploma or certificate of another, or a forged affidavit of davit, a felony. identification, shall be guilty of a felony, and upon conviction, shall be subject to such fine and imprisonment as are made and provided by the statutes of this state for the crime of forgery.

or forged affi

Penalty for.

Salary of secretary of board of health.

Traveling expenses.

of board to re

16. The secretary of the board of health shall receive a salary, which shall be fixed by the board; he shall also receive his traveling and other necessary expenses inOther members curred in the performance of his official duties. The other ceive no other members of the board shall receive no compensation compensation other than traveling and other necessary expenses while expenses. employed on business of the board. The president and proved by pres- secretary of the board shall certify all bills ordered to be dent and secre- paid by the board. Such bills shall, on the approval of the governor, and warrant of the auditor, be paid by the state treasurer

than traveling

Bills to be ap

tary of board.

How paid.

All money received by State board of

17. All sums of money received by the state board of health, and all health, in payment for certificates of authority to pracfines and spec- tice medicine, and all fines and special taxes collected through and by reason of this act, shall be paid into the state treasury.

ial taxes col

lected, to be

paid into the State treasury.

to pay salary of

tingent expen

18. Of the moneys paid into the treasury of the state Appropriation under the provisions of this chapter, the sum of one thou- secretary of sand dollars is hereby appropriated to pay the salary of board and conthe secretary and to meet all the contingent expenses of ses of officers. the officers of the board of every kind and nature whatsoever; and should the amount thus paid into the treasury be less than one thousand dollars, the sum so paid in, is hereby appropriated for the purpose aforsaid.

19. All acts, or parts of acts, in conflict with this act Acts repealed. are hereby repealed.

[Approved March 11, 1881.]

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

The foregoing act takes effect at the expiration of ninety Commencedays after its passage.

ment.

THE AMENDED ACT OF 1882.

AN ACT amending and re-enacting chapter one hundred and fifty of the code of West Virginia, concerning the public health.

[Passed March 15, 1882.]

Be it enacted by the Legislature of West Virginia :

1. That chapter one hundred and fifty of the code of code amendWest Virginia be, and the same is hereby, amended and ed; chapter 150. re-enacted so as to read as follows:

OF THE STATE BOARD OF HEALTH-OFFENSES AGAINST THE

PUBLIC HEALTH.

State Board of Health.

health.

office.

1. There shall be a state board of health in this state State board of consisting of two physicians residing in each congression- of whom al district thereof, who shall be graduates of reputable composed. medical colleges, and who shall have practiced medicine for not less than twelve years continuously. They shall How appointbe appointed by the governor, and hold their office for the ed, and term of term of four years, unless sooner removed as provided in this chapter. But the members of said board now in Provision for office shall, unless sooner removed therefrom, remain in present mem office until their successors are appointed and qualified. in office until, On the first day of June, 1882, and in every second year thereafter, or as soon after said day as practicable, the

etc.

to remain

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