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protected the communication made to one, or knowledge obtained by one, consulted in the capacity of physician or surgeon by another, for medical or surgical treatment or advice.

The law also, in the most cases, limits the privilege to communications to or knowledge of a physician or surgeon. California has liberalized the privilege by including their assistants, and Arkansas by including trained nurses,' and New York by including a professional or registered nurse.' It would seem that all of these amendments are in the right direction. The reasons will readily occur. But the training of the nurse ought scarcely to make any difference in the privilege, provided, if not a trained nurse, the nurse be assisting a physician or surgeon in the treatment of his patient.

These observations and suggestions are made in view of the unsettled condition of this branch of the law which is manifested by frequent amendments, and also in view of the very evident movement which is apparent from the recent medical laws of the several States and Territories when compared with the laws of the same States and Territories in the first edition of this work, toward uniform laws regulating the attitude of physicians and surgeons before the law.

See supra, p. 101; infra, p. 680. 3 See supra, p. 101; infra, p. 698. ? See supra, p. 101.

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SYNOPSIS OF THE

THE LAWS

REGULATING THE PRACTICE OF MEDICINE AND SURGERY IN THE UNITED STATES OF AMERICA, GREAT BRITAIN,

AND BRITISH NORTH AMERICA.

FIRST EDITION

BY

WILLIAM A. POSTE,
Late First Deputy Attorney-General of the State of New York,

AND

CHARLES A. BOSTON,
Counsellor-at-Law, of the New York City Bar.

SECOND EDITION

PREPARED FROM THE LATEST STATUTES, WITH ANNOTATIONS,

BY

CHARLES A. BOSTON.

SYNOPSIS OF THE STATUTES

WHICH REGULATE

THE PRACTICE OF MEDICINE AND SURGERY IN THE

UNITED STATES, GREAT BRITAIN, AND BRITISH NORTH AMERICA.

[NOTE.'—This synopsis is designed to contain especially those general provisions of the statutes which regulate the acquisition and exercise of the right to practise medicine and surgery. It does not include special provisions concerning restricted localities. It is not intended to include provisions permitting physicians to practise pharmacy, dentistry, optometry, or other specially regulated professions; nor laws regulating apothecaries, chemists, druggists, dentists, and veterinary surgeons, or the sale or dispensing or prescribing or administration of intoxicating liquors, drugs, medicines, anæsthetics, and poisons; nor provisions for the organization and procedure or reports of boards of medical examiners, except so far as they regulate the requirements demanded from applicants for permission to practise; nor the length of terms of members of such boards; nor the method of filling or creating vacancies therein; nor the cause of removal of members of such boards; nor their compensation; nor the disposition of their receipts or funds; nor provisions with reference to the duties of clerks or registrars in the preparation and safe-keeping of records in their care and reports thereon; nor those defining the duties of members of boards, and punishing the misconduct of such members; nor those prescribing qualifications for appointment to the public medical service; nor former laws not now applicable to candidates; ' nor regulations of the form of certificates or licenses, where the issuing of them is committed to some public functionary or body; nor provisions with reference to the powers and disabilities of local institutions to confer diplomas or degrees; nor with reference to medical students, except as candidates for admission to practice; nor with reference to the formation, regulation, and functions of medical societies; nor with reference to the duties of physicians respecting vital statistics or contagious diseases, or other particular duties of physicians after admission to practice; nor as expert witnesses; nor as examiners in lunacy; nor special privileges or exemptions conferred on practitioners of medicine or surgery; nor with reference to the use and disposition of dead bodies for purposes of experiment or instruction. Many of these subjects are regulated by law, but they are not within the scope of this article. In the synopsis words of the masculine gender are uniformly used except when the law by its terms distinguishes sex, in which case the distinction is indicated.]

References to pertinent decisions quirements, an elevation of standhave been embodied in footnotes ards, and a more detailed legal under the particular State or Terri- regulation of minor requirements. tory where rendered ; but the deci- The law may be regarded as in a sions in one State or Territory will transition state; a comparison of illustrate similar provisions of the this edition with the first edition statutes of other States and Terri- of this work forcibly demonstrates tories.

this fact. On the whole, and dur* There is a manifest tendency in ing this transition, additional regurecept legislation toward greater lations are of frequent enactment. uniformity in the principal re

ALABAMA.

BOARD OF EXAMINERS.—The board of censors of the Medical Association of the State of Alabama and the board of censors of the county medical societies in affiliation with the said association are boards of medical examiners (Code 1896, s. 3,260).'

QUALIFICATION. – Without a certificate of qualification from the board provided for in sec. 3,260, no person can lawfully practise medicine in any of its branches or departments as a profession or means of livelihood (ib., s. 3,261). The

1 The notes do not include deci. Biggs, 46 S. E. R., 401 (N. C.), infra, sions under former laws if they are

P. 405. evidently inapplicable under the 3 This law does not apply to corpresent law.

porations; they can neither practise • This statute is constitutional, as medicine nor comply with the re. an exercise of the police power (so quirements for obtaining a certifi. held of former Code, ss. 1,296-1,307) cate; consequently it is no defence Brooks v. State, 88 Ala., 122 ; (SO to an action by a medical institute held of Code, s. 3,261), Bragg v. for treatment and cure of a patient State, 134 Ala., 165. On the consti- that neither it nor its managing tutionality of laws of this class see officer has such certificate. Wellnote in 14 Lawyers' Reports Anno- man v. Jones, 124 Ala., 580. tated at p. 581 ; see contra, State v. The requirements of this statute

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