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NEVADA

EXTRACTS FROM THE MEDICAL PRACTICE ACT OF NEVADA. APPROVED MARCH 4, 1905.

SECTION 1.-That it shall hereafter be unlawful for any person, or persons, to practice medicine, surgery or obstetrics in this State without first obtaining a license so to do as hereinafter provided.

SEC. 6.-.

All certificates issued by said Board shall bear its seal and the signatures of its President and Secretary, and shall authorize the person to whom it is issued to practice medicine in all its branches in this State, upon complying with the requirements of this Act. Said Board may, in its discretion, accept and register, upon payment of the registration fee, and without examination of the applicant any certificate which shall have been issued to him by the medical examining board of the District of Columbia, or of any State or Territory of the United States; provided, however, that the legal requirements of such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate shall be presented for registration to the Board created by this Act; and provided further, that the provisions in this paragraph contained shall he held to apply only to such of said medical examining board as accept and register the certificates granted by this board without examination by them of the ones holding such certificates.

SEC. 7.-After this law goes into effect, any person desiring to practice medicine, surgery, or obstetrics or any of the various branches of medicine in this State, shall, before beginning to practice, procure from the State Board of Medical Examiners a certificate that such person is entitled to practice medicine, surgery, or obstetrics in this State. In order to procure such certificate the applicant shall submit to the said Board his or her diploma, issued by some legally chartered medical school, the requirements of which medical school shall have been at the time of granting such diploma in no particular less than those prescribed by the Association of American Medical Colleges for that year, and he must accompany said diploma or license with an affidavit setting forth the number and duration of terms the applicant was required to be in attendance, and that he is the lawful possessor of the same, that he is the person therein named, and that the diploma or license was procured without fraud or misrepresentation of any kind. Such application shall

be accompanied by the affidavit of two freeholders, resident of the same county in which the applicant resides, stating that the applicant is the identical person named in the accompanying diploma, and that he or she is of good moral standing and reputable. In addition to such affidavit, said Board may hear such further evidence as, in its discretion, it may deem proper as to any of the matters embraced in said affidavit. If it should appear from such evidence that said affidavit is untrue in any particular, or if it should appear that the applicant is not of good moral character, the application must be rejected. Said Board shall retain such diploma such time as is necessary, but in no case shall said Board retain such diploma to exceed two weeks. All such diplomas and affidavits shall be addressed to the Secretary of the Board.

SEC. 8.-Applicants for certificates to practice medicine, surgery, or obstetrics in the State of Nevada, shall be required to present a diploma from a legally recognized college, and to pass a satisfactory examination before the State Board of Medical Examiners as to his or her qualifications. The applicant must appear personally before the Board, and the examination shall be conducted in the English language, and shall be, in whole or in part, in writing, and in each branch shall obtain seventy-five per cent., and shall be on the following subjects, to wit: Anatomy, physiology, materia medica, and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain and the genito-urinary system. Said examination shall be fair and impartial, and the questions of such a character as will determine the fitness of the applicant to practice his, or her, profession. When applicant applies for examination in materia medica and therapeutics, and theory and practice of medicine, he shall designate in what school of medicine he desires to practice, and only the member or members of the Board who belong to the school so designated shall participate in this part of the examination. Examinations shall be practical in character, and designed to discover the applicant's fitness to practice medicine and surgery. If an applicant fail in his first examination, he may, after not less than six months, be re-examined without additional fee. If he fail in a second examination he shall not thereafter be entitled to another examination in less than one year after the date of second examination, and shall be required to pay for such examination the full fee. The examination papers shall form a part of the records of said Board, and shall be kept on file by the Secretary, and such records shall be open to public inspection whenever requested, after the examination. Each applicant, on making application, shall pay to the secretary of the Board a fee of twenty-five ($25) dollars at the same time the diploma and affidavit is filed with him, and this fee shall not be returned in the event of the applicant's failing to pass a satisfactory examination. Any person who may hereafter be granted a license to practice medicine and surgery in this State under this Act upon the grounds of reciprocity with other States and without examina

tion, shall pay a fee of twenty-five ($25) dollars for such license. [As amended March 20, 1907.]

SEC. 9. Any unsuccessful applicant shall have the right to appeal to the courts, requiring the said Board to show cause why such applicant should not be permitted to practice medicine, surgery or obstetrics in the State of Nevada.

SEC. 10. Said Board shall procure a book for the purpose of recording the names of all persons to whom it issued certificates. In this book shall be entered the names of the applicants, together with the name of the school granting the diploma, the date of the diploma, the number of terms the applicant attended school, residence of applicant, and the date of issuance of certificate. This book shall be retained by the Secretary, who shall note the unsuccessful applicants, furnishing the same information as is given above. The Secretary shall furnish each County Clerk in this State a complete list of persons to whom certificates have been issued, after each meeting of the Board. Such list shall be retained and filed by the County Clerk, and it shall show the name, age, and location of the holder of each certificate, together with the name of the Institution conferring the degree, and the date of the issuance of certificate.

SEC. 12.-Every person to whom the Board shall issue a certificate shall present the same to the County Recorder of the county in which he desires to practice, and have the same recorded, and shall pay the fee usually paid for recording such papers. The Board may refuse a certificate to any applicant guilty of unprofessional conduct, and may revoke any certificate for a like cause. In all cases of refusal or revocation the party aggrieved may appeal to the courts. The words "unprofessional conduct" as used in this act are hereby declared to mean. . .

SEC. 13. For the purposes of this Act the words "practice of medicine, surgery and obstetrics" shall mean to open an office for such purpose, or to announce to the public, or to any individual in any way, a desire or willingness, or readiness to treat the sick or afflicted in any county in the State of Nevada; or to investigate or diagnosticate, or to offer to investigate or diagnosticate an physical or mental ailment, or disease of any person, or to give surgical assistance to, or to suggest, recommend, prescribe or direct for the use of any person, any drug, medicine, appliance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of any wound, fracture, or bodily injury or deformity, after having received or with the intent of receiving therefor, either directly or indirectly, any money, gift, or any other form of compensation. It shall also be regarded as practicing medicine within the meaning of this Act if anyone shall use in connection with his or her name the words or letters "Dr.," "Doctor,” “Professor," "M. D.." or "Healer," or any other title, word, letter or other designation intended to imply or designate him or her as a practitioner

of medicine, or surgery, or obstetrics in any of its branches; provided, that nothing in this Act shall be construed to prohibit gratuitous services of druggists or other persons in cases of emergency, or the domestic administration of family remedies, and this Act shall not apply to commissioned surgeons of the United States Army or Navy in the discharge of their official duties, nor shall it apply to professional or other nurses. in the discharge of their duties as nurses, nor to physicians who are called into this State for consultation, and who are legally qualified to practice in the State where he or she resides. In charging any person in an affidavit, information or indictment with a violation of this Act by practicing medicine, surgery or obstetrics without a license, it shall be sufficient to charge that he or she did, upon a certain day, and in a certain county of this State, engage in the practice of medicine, he or she, not having a license to do so, without averring any further or more particular facts concerning the same.

SEC. 14. Any person who shall practice medicine, surgery or obstetrics in this State without first complying with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction there of, shall be punished by a fine of not less than one hundred ($100) dollars, nor more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than fifty (50) days, nor more than one hundred and eighty (180) days, or by both such fine and imprisonment for each and every such offense. Any person may institute proceedings at law provided for in this Act.

SEC. 15.-Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the person named in such certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of felony, and, upon conviction thereof, shall be punished by imprisonment in the State Prison not less than one year nor exceeding five years.

SEC. 17.-Every person practicing medicine, surgery or obstetrics in the State of Nevada on the first Monday of May, 1905, shall submit to the said Board his, or her, diploma for registration, and a fee of twentyfive ($25) dollars shall accompany such diploma; provided, that the owner of such diploma shall, if he or she was practicing medicine, surgery or obstetrics prior to the passage of the Act approved March 15, 1899, and has not complied with said Act of March 15, 1899, pay a fee of five ($5) dollars for such registration, but said person shall submit to the Board said diploma on the first Monday of May, 1905; provided further, that all persons that have complied with the Act of March 15, 1899, shall be entitled to full registration by the said Board of Medical Examiners, and nothing in this Act shall be construed to prevent such registration, and the Secretary of said Board shall enter free of all charge, upon the record book of said Board, the names of all persons who have complied with the Act of March 15, 1899. And be it further provided, that a cer

tificate of registration or license issued by the proper examining board of any state, which agrees on reciprocal registration with this State, may be accepted as evidence of qualification for reciprocal registration in this State; provided, that the holder of such certificate 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 passage of this Act.

SEC. 19. This Act shall take effect from and after the third day of May, nineteen hundred and five.

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