either directly or indirectly, any bonus, gift, profit or compensation; provided, that nothing in this section shall apply to females engaged solely in the practice of midwifery.

3692. Non-Residents.-Licensed physicians who reside without this State and whose practice of medicine extends into it, may obtain license to practice medicine in this State without being examined as to their learning, by presenting a written application for license, in the form prescribed, to the State Board of Health; whereupon the Secretary of the board shall issue to the applicant a license in the name of the board, for which the Secretary shall be entitled to receive a fee of twentyfive cents, and the license shall be recorded as hereinbefore provided in each county in which the licensee shall practice, with like penalty for a failure to record as in case of a resident physician. That non-resident physicians not holding license from the state shall not be permitted to practice medicine under any circumstances after remaining in the state five days, except when called in consultation by a licensed physician residing in this state; except as provided in section 3693.

3693. License from Another State Recognized.-The board of health may grant license to practice medicine without examination as to learning to graduates in medicine who hold license to practice medicine from another state, provided the requirements in such state are equal to those required by the state board of health of this state.

3695. Communications Privileged. All communications made to a physician or surgeon by a patient under his charge or by one seeking professional advice, are hereby declared to be privileged, and such physi cian or surgeon shall not be required to disclose the same in any legal proceeding, except at the instance of the patient.

MISSOURI

STATUTES 1906. CHAPTER 128. MEDICINE SURGERY AND DENTISTRY.

SEC. 8518 1. Practitioner Shall Be A Registered Physician.— It shall be unlawful for any person not now a registered physician within the meaning of the law to practice medicine or surgery in any of its departments, or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities, or engaged in the practice of midwifery in the state of Missouri, except as hereinafter provided.

SEC. 8518 2. State Board of Health to have General Supervision Over Registration of Practitioners.-The state board of health shall have general supervision over the registration of all practitioners of medicine, surgery and midwifery in this state. (Laws 1901, p. 207.)

SEC. 8518 3. Examination of Applicants for Registration, How Conducted, License to Practice Granted, When-Practitioners Holding Certificates from Other States.-(As amended by Laws 1907.) All persons desiring to practice medicine or surgery in this state, or to treat the sick or afflicted as provided in section one of this act, shall appear before the state board of health at such time and place as the board may direct, and shall there be examined as to their fitness to engage in such practice. All persons appearing for examination shall make application, in writing, to the secretary of said board thirty days before the meeting. They shall furnish satisfactory evidence of their preliminary qualifications, to wit: A certificate of graduation from an accredited high school or state normal school, college, university or academy, a certificate from the county school commissioners, certifying that they have satisfactorily passed an examination equivalent to a grade from an accredited high school or state normal school, college, university or academy. They shall also furnish satisfactory evidence of having received diploma from some reputable medical college of four years' requirements at the time of graduation: Provided, that the time of graduation has been since March 12, 1901, and two years' requirements, if the date of graduation is prior to March 12, 1901, and shall also furnish evidence of good moral character. The medical examination may be made in whole or in part, in writing, and shall be of elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practitioner, and shall embrace the subjects of anatomy, chemistry, physiology, therapeutics, obstetrics, gynecology, surgery, practice of medicine, bacteriology, medical jurisprudence and hygiene, and such other branches as the state board may direct. Provided, that each applicant for license shall have two hours, if necessary, during which

to answer the usual number of questions asked on each branch examined upon. The candidate shall be required to answer seventy-five percent of such questions as are asked him before being granted a certificate: Provided, however, that the examination of any applicant in therapeutics shall be conducted by the member or members of said board who represent the system of medicine of which said applicant has been a student. If there shall be no representative of the school or system of which the applicant has been a student, the examination in therapeutics shall be conducted by an examiner appointed for that purpose by the governor of Missouri, but all examinations other than that in therapeutics shall be conducted as heretofore provided in this act. The board of health shall issue to such persons as they shall find upon examination to possess the requisite qualifications a license to practice medicine and surgery in accordance with the provisions of this act, and the state board of health shall not be permitted to favor any particular school or system of medicine, but all applicants shall be subjected to the same examination, and the same degree of proficiency shall be required of all. The board shall examine persons applying for a license, although such persons cannot speak the English language, the applicant in all such cases to pay the expenses of an interpreter satisfactory to the board.

8518 4. License to be Recorded with County Clerk-Fee for RecordingNeglect to Record License a Misdemeanor-Penalty.-Every person holding a license from the state board of health shall have it recorded in the office of the county clerk of the county in which he resides, and the record shall be endorsed thereon. And the clerk is authorized to charge a fee of one dollar for recording each license, to be paid by the person offering such license for record. Any person removing to another county to practice medicine or surgery shall have his license recorded in the county which he removes to, and the holder of said license shall pay said clerk of said county the usual fee for making the record. The county cleark shall keep in a book provided for that purpose a complete list of the licenses recorded by him with the date of issue. Any person neglecting for twenty days to record his license as in this section provided, after entering upon the practice, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars nor more than fifty dollars, and on failure to record said license for thirty days after such conviction, such person shall be reliable to a fine of not less than one hundred dollars.

SEC. 8518 5. Violation of Act and Penalty.-(Amended in 1907.)

SEC. 8518 6. Fees and Disposition of Same.-In order to provide the means to carry out and maintain the provisions of this act, the said board shall charge each person applying to and appearing before it for examination for a license to practice medicine and surgery a fee of fifteen dollars, and should such examination prove unsatisfactory and the state board refuse to issue a license thereon, the applicant failing

to pass such examination may return at any meeting within the next twelve months thereafter and be examined without extra charge, but no temporary license shall be issued to such person.

SEC. 8518 7. License-May be Refused Whom.-(As amended by Laws 1907.)

SECTION 7.-The board may refuse license to individuals guilty of unprofessional or dishonorable conduct, and they may revoke licenses for like cause, after giving the accused an opportunity to be heard in defense before the board. Habitual drunkenness or excessive use of narcotics or producing criminal abortion, shall be deemed unprofessional and dishonorable conduct within the meaning of this section, but this specification is not intended to exclude all other acts for which licenses may be revoked, but any person whose license has been or shall be revoked by the board, shall have the right to appeal from the decree, decision or judgment of the board revoking such license, to the circuit court of the county in which such board may have held its meeting and revoked such license; and such appeal shall be allowed and granted upon the affidavit of the person whose license shall have been revoked, or his agent or attorney, which affidavit shall be in the form now required in cases of appeal from courts of record; said cause, together with a complete transcript and record of all proceedings had therein, shall be certified by the secretary of the board to such circuit court and such court shall hear and try same as ordinary civil actions, but if the decree, decision or judgment of said board revoking such license shall be upheld or affirmed by the circuit court, such decree, decision and judgment of such board shall be in full force and such license shall stand revoked, pending any appeal from the decree or decision of such circuit court, and until the decree or judgment of such circuit court shall be reversed or set aside."

SEC. 8518 8. Health Commissioner of St. Louis to Perform what Duties.-.

SEC. 8518 9. Act does not Apply to Whom-Gratuitous Service Exempt-Graduates of Medical Schools Licensed to Practice, When.— It is not intended by this act to prohibit gratuitous service to and treatment of afflicted and this act shall not apply to commissioned surgeons of the United States army, navy, public health and marine hospital service. (As amended by Laws 1907.)

SEC. 8518 10. Midwifery-License to Practice-Violation of Law a Misdemeanor-Penalty.—.

SEC. 8518 11. Inconsistent Acts Repealed.-..

ΜΟΝΤΑΝΑ

CODE (1895). CHAPTER 16.

$600.$601.-. The board of examiners must hold meetings for examinations at the seat of government on the first Tuesday of April and October of each year, and at such other times and at the same and other places as the board may determine.

$602.-Every person hereafter wishing to practice medicine or surgery in any of their departments in this state, shall apply to said board for a certificate so to do. Every person applying shall present his or her diploma to the said board of examiners for verification as to its genuineness: if the diploma is found genuine and is issued by a medical school legally recognized and in good standing, whose teachers are graduates of a legally organized school, which acts the said board of examiners shall determine, and if the person presenting and claiming said diploma by the person to whom the same was originally granted; at a time and place designated by said board, or at a regular meeting of said board, said applicant shall submit to an examination in the following branches, to wit: Anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicine, practice of medi cine, surgery, obstetrics, diseases of women and children, diseases of the nervous system, diseases of the eye and ear, medical jurisprudence, and such other branches as the board may deem advisable, and present evidence of having attended four courses of lectures at least six months each, but such evidence of having attended four courses of lectures shall not be required of applicants graduating prior to July 1, 1898; said board shall cause such examination to be both scientific and practical, but of sufficient thoroughness and severity to test the candidate's fitness to practice medicine and surgery; when desired, such examination may be conducted in the presence of the dean of any medical school, or the president of any medical society in this state. After examination, such board shall, if the canditate has been found qualified, grant a certificate to such candidate to practice medicine and surgery in the state of Montana; which said certificate shall only be granted by the consent of not less than four members of the said board, and which said certificate shall be signed by the president and secretary of said board and attested by the seal thereof; provided, however, that during the intervening period of the sessions of the board any person desiring to practice medicine in this state may present his or her diploma to the president or secretary of the board, who may issue a certificate good until the next regular meeting of the board; and provided further, that all physicians and sur