manner in the county to which he shall have changed his residence, and said certificate shall be displayed in his office as an evidence of having complied with the law. The absence of such record shall be prima facie evidence of the want of possession of such certificate, and every such person holding such certificate, who shall practice medicine and surgery, or attempt to practice medicine and surgery, without having first recorded same with the county clerk, as herein provided, shall be deemed guilty of a misdemeanor.

SEC. 13. Said Board must refuse a certificate to any applicant guilty of unprofessional conduct, but before such refusal, the applicant must be cited by citation signed by the secretary of the Board and sealed with its seal.

Whenever any holder of a certificate, issued as herein provided, shall be guilty of unprofessional conduct as defined by this Act, and such unprofessional conduct is brought to the attention of the Board granting said certificate, in the manner herein pointed out, it shall be their duty to, and they must at once revoke the same, and the holder of such certificate shall not thereafter be permitted to practice medicine and surgery or in any other departments of medicine and surgery in this State. But no such revocation shall be made unless such holder is cited to appear and the same proceedings are had, as is herein before provided in this section, in case of refusal to issue certificates. The accused party, at the time he presents his answer for filing, shall deposit with the secretary his certificate, and unless he does so, the secretary must not file his answer, and default may be thereon entered against him, and his certificate revoked if the charges on their face be deemed sufficient by the Board. From the time of the revocation of certificates the holder shall be disqualified from practicing medicine in this State.

The words "unprofessional conduct," as used in this Act, are hereby declared to mean.

SEC. 18. The following persons shall be deemed as practicing medicine and surgery within the meaning of this Act:

First, those who prescribe or administer any drug or medicine now or hereafter included in materia medica in the treatment of disease, injury or deformity of human beings.

Second. Those who practice major or minor surgery in the treatment of disease, injury or deformity of human beings, except dealers in surgical, dental or optical appliances.

The doing of any of the acts in this section mentioned shall be taken as prima facie evidence of an intent on the part of the person doing any of the said acts to represent himself as engaged in the practice of medicine or surgery, or both. But nothing in this Act shall be so construed as to prohibit the service in the case of emergency or the

domestic administration of family remedies; nor shall this Act apply to any commissioned medical officer in the United States army, navy or marine hospital service in the discharge of his official duties, nor to any legally qualified dentist when engaged exclusively in the practice of dentistry, nor to any physician or surgeon from another state or territory, when in actual consultation with a legal practitioner of this State, if such physician or surgeon is, at the time of said consultation, a legal practitioner of medicine and surgery in the state or territory in which he resides, nor to any physician or surgeon residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine and surgery therein, whose practice extends within the limits of this State, providing that such physician or surgeon shall not open an office or a place to meet patients or receive calls within the limits of this State.

OREGON

CODES AND STATUTES 1901. CHAPTER 4. REGULATING THE PRACTICE OF MEDICINE AND SURGERY.

3795. Oath of Members, Officers and Meetings of Board, and Record of Proceedings.—.

Said medical examining board shall hold meetings for examination on the first Tuesday in January and July of each year. Said meetings shall be held in Portland, Oregon: Provided, that the board may call special meetings when in the opinion of a majority of said board such special meetings are necessary.

3796. License to Practice Medicine, Application and Examination for. See Law 1903, below.

3797. "Unprofessional" and "Dishonorable Conduct," Meaning of.The words "unprofessional" or dishonorable conduct," as used in the preceding section, are hereby declared to mean: first, the procuring or aiding or abetting in procuring a criminal abortion, second, the employing of what are commonly known as "cappers" or "steerers," third, the obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured; fourth, the wilfull betraying of a professional secret; fifth, all advertising of medical business in which untruthful and improbable statements are made; sixth, all advertising of any medicines, or of any means whereby the monthly periods of women can be regulated, or the menses re-established, if suppressed; seventh, conviction of any offense involving moral turpitude; eighth, habitual intemperance.

3800. Filing and Record of License, Removal of Licensee.-The person receiving said license shall file the same, or a copy thereof, with the county clerk in and for the county where he resides, and said county clerk shall file said certificate, or copy thereof, and enter a memorandum thereof, giving the date of said license and the name of the person to whom the same is issued, and the date of such filing, in a book to be provided and kept for that purpose, and said county clerk shall each year furnish to the secretary of said board a list of all certificates on file in his office, and upon notice to him of the change of location or death of a person so licensed, or of the revocation of the license granted to such person, said county clerk shall enter at the appropriate place in the record so kept by him a memorandum of said facts, so that the records kept by said clerk shall correspond with the records of the board as kept by the secretary thereof. In case a person so licensed shall remove

into another county of this state, he or she shall procure from the county clerk a certified copy of said license and file the same with the county clerk in the county to which he or she shall remove. Said county clerk shall file and enter the same with like effect as if the same was the original license.

3801. Penalty for Practicing without License.-.

Any person shall be regarded as practicing within the meaning of this act who shall append the letters "M. D." or "M. B." to his or her name, or, for a fee, prescribe, direct or recommend for the use of any person, any drug or medicine or agency for the treatment, care, or relief of any wound, fracture or bodily injury infirmity, or disease: Provided however, the act shall not apply to dentists in the practice of their dental profession.

LAWS OF 1903.
AN ACT.

Be it enacted by the Legislative Assembly of the State of Oregon; and, also,
Be it enacted by the People of the State of Oregon:

SEC. 1.- -That section 3796 of the Codes and Statutes of Oregon, as compiled and annotated by Chas. B. Bellinger and Wm. W. Cotton, be and the same is hereby amended so as to read as follows:

3796.-Every person, except as hereinafter provided, desiring to practice medicine and surgery, or either of them, in any of their or its branches in this state, shall make a written application to said board for a license so to do, and application shall be supported and accompanied by an affidavit of such applicant, setting forth the actual time spent by such applicant in the study of medicine and surgery, and when, whether such study was in an institution of learning, and if so, the name and location thereof, and if not in such an institution, where and under whose tutorship such study was prosecuted, the time said applicant shall have been engaged in the actual practice, if at all, of medicine and surgery, or either of them, and where the applicant was located during the time of such practice, and the age of the applicant at the time of making application; such application and affidavit to be filed and preserved of record in the office of the secretary of said board. Such applicant, at the time and place designated by said board, or at the regular meeting of said board, shall submit, to an examination in the following branches, to wit: Anatomy, physiology, chemistry, materia medica, therapeutics, practice of medicine, surgery, obstetrics, diseases of women, medical jurisprudence, and such other branches as the board may deem advisable. Said board shall cause such examination to be both scientific and practical, and of sufficient severity to test the candidate's fitness to practice medicine and surgery, which examination shall be by written or printed, or partly written and partly printed, questions and answers, and the same shall be filed and preserved of record in the office of the secretary of said board. After examination, if the same is satisfactory, said board shall grant a license to such applicant to practice medicine and sur

gery in the State of Oregon; which said license can only be granted by the consent of not less than four members of said board, except as hereinafter provided, and which said license shall be signed by the president and secretary of said board, and attested by the seal thereof. The fee for such examination shall be ten ($10) dollars, and shall be paid by the applicant to the treasurer of said board toward defraying the expenses thereof; and such board may refuse or revoke a license for unprofessional or dishonorable conduct, subject, however, to the right of such applicant to appeal from the decision of said board refusing or revoking such license, as hereinafter provided: Provided, that all persons who have been regularly licensed under heretofore existing laws of this state, and having complied with the provisions thereof, shall be taken and considered as licensed physicians under this act, and the secretary of the board herein provided for, shall enter the names of such persons upon the register kept by him, as licensed physicians and surgeons, upon the written application of such persons, accompanied with such license heretofore regularly issued. Provided, further, that in all cases where an applicant for a license under this act shall produce and exhibit to the examining board a certificate from the board of medical examiners appointed under the laws of any state of the United States, which state recognizes licenses from this state, certifying to the fact that the person presenting such certificate is duly and well qualified to practice medicine and surgery in the state issuing such certificate, and that said board issuing said certificate has subjected the applicant to a thorough examination to ascertain this fact, he or she may, at the discretion of the examining board, upon paying the fee herein prescribed, and otherwise complying with all the requirements of this act, receive from the examining board, provided for in this act, a license as if the examination of said applicant was held in this state, and upon filing such license with the county clerk, as herein provided, he or she shall be a legally qualified practitioner of medicine and surgery in this state, subject to all the provisions of this act as to the revocation of said license as herein provided.