LAWS OF 1904. CHAPTER 102.

An Act to amend the law as it appears in section two thousand five hundred eighty-two (2582) of the code supplement, and to provide for registering, without examination, physicians registered in other states.

Be it enacted by the General Assembly of the State of Iowa.

§1. Registration Fee.-That the law as it appears in section two thousand five hundred eighty-two (2582) of the code supplement be, and the same is hereby amended by adding thereto the following:

"(a) a certificate of registration showing that an examination has been made by the proper board of any state, on which an average grade of not less than seventy-five (75) percent was awarded, the holder thereof having been at the time of said examination the legal possessor of a diploma from a medical college of good standing in this state, may be accepted in lieu of an examination, as evidence of qualification. But in case the scope of said examination was less than that prescribed by this state, the applicant may be required to submit to a supplemental examination in such subjects as have not been covered.

"(b) a certificate of registration or license, issued by the proper board of any state, may be accepted as evidence of qualification for registration in this state, provided the holder thereof was, at the time of such registration, the legal possessor of a diploma issued by a medical college in good standing in this state, and that the date thereof was prior to the legal requirements of the examination test in this state. The fee for such examination shall be fifty dollars."

$2. Restrictions.-If, by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirements, disqualification, or disability is put upon physicians registered in this state or holding diplomas from medical colleges in this state, which are in good standing therein, affecting the right of said physicians to be registered or admitted to practice in said state, then the same or like burdens, obligations, requirements, disqualification, or disability shall be put upon the registration in this state of physicians registered in said state, or holding diplomas from medical colleges situated therein.

$3. In Effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Daily Capital, newspapers published in Des Moines, Iowa.

Approved March 15, A. D. 1904.

LAWS OF 1907. CHAPTER 141.

An Act to repeal section two thousand five hundred seventy-eight (2578) of the code and to enact a substitute therefor, relating to the revocation of physician's certificates.

Be it enacted by the General Assembly of the State of Iowa.

§1. Repealed-Refusal of Certificate or Revocation for Cause.-That

section 2578 of the code be and the same is hereby repealed and the following is enacted in lieu thereof:

"The board of Medical examiners may refuse to grant a certificate to any person otherwise qualified and shall revoke any certificate issued by it to any physician who is not of good moral character, or who solicits professional patronage by agents, or who profits by the acts of those representing themselves to be his agents, or who is guilty of fraudulent representations as to his skill and ability, or who is guilty of gross unprofessional conduct, or for incompetency, or for habitual intoxication or drug habit; or if the certificate has been granted upon false and fraudulent statements as to graduation or length of practice, the board of medical examiners shall, to safeguard the public health, revoke the certificate in the manner hereinafter set forth.

"§2. Revocation of Certificate-Procedure.—Before the revocation of any certificate issued by the state board of medical examiners the licentiate shall have been afforded an opportunity for a hearing before the board. At least twenty (20) days prior to the date set forth for such a hearing, the secretary of the state board of medical examiners shall cause written notice to be personally served upon the defendant in the manner prescribed for the serving of original notice in civil actions. Said notice shall contain a statement of the changes and the date and place set for the hearing before the board. If the party thus notified fails to appear, either in person or by counsel at the time and place designated in said notice, the board shall, after receiving satisfactory evidence of the truth of the charges and the proper issuance of notice, revoke said certificate. If the licentiate appear either in person or by counsel, the board shall proceed with the hearing as herein provided. The board may receive and consider affidavits and oral statements and shall cause stenographic reports of the original testimony to be taken, which, together with all other papers pertaining thereto, shall be preserved for two years. If five members of the board, present at the hearing, are satisfied that the licentiate is guilty of any of the offenses charged, the license shall be revoked. After the revocation of a certificate the holder thereof shall not practice medicine, surgery or obstetrics in this state, for such times as the state board of health may determine.

"§3. Appeal.-Any person aggrieved by any ruling or order entered under the provisions of this act shall have the right of an appeal to the district court in the county where the alleged offense was committed, upon giving notice to the board of medical examiners of such appeal within twenty days after the entry of such ruling, order, or judgment." Approved April 4, A. D. 1907.

KANSAS

EXTRACTS FROM THE MEDICAL LAWS OF KANSAS, 1901, CHAPTER 254.

6671. SEC. 3.-Applications and Certificates.-All persons intending to practice medicine, surgery or osteopathy after the passage of this act, and all persons who shall have complied with section 2 of this act, shall apply to said board at any regular meeting, or at any other time or place as may be designated by the board, for a license. Application shall be made in writing, and shall be accompanied by the fee hereinafter prescribed, together with the age and residence of the applicant, proof that he or she is of good moral character, and satisfactory evidence that he or she has devoted not less than three periods of six months each, no two within the same twelve months, or, if after April 1, 1902, four periods of not less than six months each, no two in the same twelve months, to the study of medicine and surgery. All such candidates, except as hereinafter provided, shall submit to an examination of a character to test their qualifications as practitioners of medicine or surgery, and which shall embrace all those topics and subjects a knowledge of which is generally required by reputable medical colleges of the United States. for the degree of doctor of medicine; provided, that the examination in materia medica and therapeutics and in the theory and practice of medicine shall be conducted by those members only of the board who are of the same school of practice as the applicant claims to follow; provided, further that graduates of legally chartered medical institutions of the United States or foreign countries in good standing, as determined by the board, may be, at the discretion of the board, granted a license without examination; provided further, that any graduate of a legally chartered school of osteopathy, wherein the requirements for the giving of a diploma shall include a course of instruction of not less than four terms of five months each, in two or more separate years, shall be given a certificate of license to practice osteopathy upon the presentation of such diploma; provided further, that the board may in its discretion accept, in lieu of examination or diploma, the certificate of the board of registration and examination of any other state or territory in the United States or any foreign country whose standards of qualification for practice are equivalent to those of this state; provided, that a temporary certificate may be issued to any student of medicine or practitioner of medicine who is not qualified under the law, upon the written request of a majority of the practitioners of medicine under this act in the county in which he or she desires to practice, or, if there be no practitioners registered under this act in any county in this state, the board

shall issue a temporary permit to persons as above described upon the application of the board of county commissioners of said county.

6672. SEC., 4.-Record of Certificate.-Upon the completion of the examination or the acceptance of the diploma or certificate as herein provided, the said board shall, if it finds the applicant qualified, grant and issue a certificate to said applicant to practice medicine and surgery. within this state, and which shall be signed by the president and secretary and attested by the seal of the board. Within thirty days of the date of any certificate of license having been granted and issued by the board, the owner thereof shall have it recorded as hereinafter provided in the office of the clerk of the county in which he resides, or, if a nonresident of this state, that of the county in which he has an office or intends to practice, and the date of recording shall be indorsed thereon; and until such certificate or license is recorded he shall not exercise any of the rights or privileges therein conferred. The county clerk shall keep in a book for the purpose a complete list of the certificates recorded by him, which book shall be open to public inspection during business hours. Between the 1st and 20th days of December in each year, the county clerk shall furnish the secretary of the board a list of all certificates recorded and in force, and also a list of all certificates which have been revoked or the owners of which have removed from the county or died during the year. The fee for the recording and reporting of such certificates shall not exceed one dollar.

6673. SEC. 5.-Fees.-The fee for the issuance of a certificate to all those found qualified to practice medicine, surgery or osteopathy without examination, as provided under section 2, shall be two dollars. The fee for examination shall be fixed by the board, but shall not exceed fifteen dollars. The fee for examination of diploma or certificate from an examining board of another state shall also be fixed by the board, but shall not exceed ten dollars. . .

6674. SEC. 6.-"Practicing" Defined.-Repealed and replaced by Section 1, Chapter 63, Laws of 1908. See below.

6675. SEC. 7.-Penalty. From and after the 1st day of September, 1901, any person who shall practice medicine and surgery or osteopathy in the state of Kansas without having received and had recorded a certificate under the provisions of this act, or any person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than fifty dollars nor more than two hundred dollars for each offense; and in no case wherein this act shall have been violated shall any person so violating receive compensation for services rendered. It shall be the duty of the secretary of the state board of registration and examination to see that this act is enforced.

6676. SEC. 8.-Perjury.—Any person who shall swear falsely in any affidavit or oral testimony made or given by virtue of the provisions of this act or the regulations of said board of registration shall be deemed guilty of perjury.

6677. SEC. 9.-Repeal.-Chapter 68 of the Session Laws of 1870 is hereby repealed.

LAWS OF 1903. CHAPTER 358.

$1. Temporary Permit. That the secretary of the state board of medical registration may in his discretion issue a temporary permit to practice medicine, surgery, osteopathy, to any person who shall have made application in writing to said board for license to practice, accompanied by the prescribed fee, and proof as required by Sec. 3 of chapter 254 of the Session Laws, of 1901, and who shall be a graduate of any legally chartered medical institution of the United States or any foreign country, or any legally chartered school of osteopathy; or such permit may be so issued to any such applicant for license, complying with said conditions, who is shown to have been licensed by the board of registration and examination in any other state or territory of the United States or any foreign country whose standards of qualifications for practice are equivalent to those of this state. Any such temporary permit so issued shall, when recorded in the office of the county clerk in which he resides, authorize the person receiving the same to practice medicine, surgery or osteopathy in the same manner as a permanent license up to the commencement of the next regular meeting of the state board of medical registration and examination following the date of issue when such permit shall expire: Provided, That neither the said board nor the secretary thereof shall have power to issue more than one temporary permit to any one person, nor to extend any such permit beyond the time herein limited.

LAWS OF 1908. CHAPTER 63.

An act amending chapter 254 of the Laws of 1901.

$1. That section 6 of chapter 254 of the laws of 1901 be amended to read as follows:

$6. Any person shall be regarded as practicing medicine and surgery within the meaning of this act who shall prescribe, or who shall recommend for a fee, for like use, any drug or medicine, or perform any surgical operation of whatsoever nature for the cure or relief of any wounds, fracture or bodily injury, infirmity or disease of another person, or who shall use the words or letters "Dr.," "Doctor," "M. D." or any other title in connection with his name, which in any way represents him as engaged in the practice of medicine or surgery, or any person attempting to treat the sick or others afflicted with bodily or mental infirmities, or any person representing or advertising himself by any means or through any medium whatsoever, or in any manner whatsoever, so as to indicate he is authorized to or does practice medicine or surgery in this state, or that he is authorized to or does treat the sick or others afflicted with bodily infirmities, but nothing in this act shall be construed as interfering with any religious beliefs in the treatment of diseases; provided, that