satisfactory examination shall be licensed to practice that branch only; provided, this shall not apply to those who do not follow obstetrics as a profession; and who do not advertise themselves as obstetricians or midwives, or hold themselves out to the public as so practicing. In case any applicant, because of failure to pass examination, be refused a license, he or she shall, after one year, be permitted to take a second examination without an additional fee.

SEC. 9.-All examinations shall be conducted in writing and in such manner as shall be entirely fair and impartial to all individuals and every school of medicine, the applicants being known by numbers, without names or other method of identification on examination papers by which members of the board may be able to identify such papers, until after the applicants have been granted licenses or rejected. Examinations shall be conducted on the scientific branches of medicine only, and shall include anatomy, physiology, chemistry, histology, pathology, bacteriology, physical diagnosis, surgery, obstetrics, gynecology, hygiene, and medical jurisprudence upon satisfactory examination under the rules of the board, applicants shall be granted licenses to practice medicine. All questions and answers, with grades attached, shall be preserved for one year. All applicants examined at the same time shall be given identical questions in each of the above branches. All certificates shall be attested by the seal and signed by all members of the board, or a quorum thereof.

SEC. 10.-Nothing in this act shall be construed as to discriminate against any particular school or system of medical practice. This act shall not apply to dentists legally qualified and registered under the laws of this State who confine their practice strictly to dentistry; nor to nurses who practice only nursing; nor to masseurs, in their particular sphere of labor, who publicly represent themselves as such; nor to commissioned or contract surgeons of the United States Army, Navy, or Public Health and Marine Hospital Service, in the performance of their duties, but such shall not engage in private practice without license from the Board of Medical Examiners; nor to legally qualified physicians of other States called in consultation, but who do not open offices or appoint places in this State where patients may be met or called to see. This act shall be so constructed as to apply to persons other than licensed druggists of this State not pretending to be physicians, who offer for sale on the streets or other public places remedies which they recommend for the cure of disease.

SEC. 11.-The State Board of Medical Examiners may refuse to admit persons to its examinations or to issue the certificates provided for in this act for any of the following causes:

First. The presentation to the board of any license, certificate or diploma which was illegally or fraudulently obtained, or when fraud or deception has been practiced in passing the examination.

Second. Conviction of a crime of the grade of a felony, or which involves moral turpitude, or procuring, or aiding or abetting the procuring of a criminal abortion.

Third. Other grossly unprofessional or dishonorable conduct of a character likely to deceive or defraud the public, or for habits of intemperance or drug addictions calculated to endanger the lives of patients; provided, that any applicant who may be refused admittance to examination before said board shall have his right of action to have such issue tried in the district court of the county in which some member of the board shall reside.

SEC. 13. Any person shall be regarded as practicing medicine within the meaning of this act (1) who shall publicly profess to be a physician or surgeon and shall treat, or offer to treat any disease or disorder, mental or physical, or any physical deformity or injury, by any system or method, or to effect cures thereof.

(2) Or who shall treat or offer to treat any disease or disorder, mental or physical, or any physical deformity or injury by any system or method or to effect cures thereof and charge therefor, directly or indirectly, money or other compensation.

UTAH

EXTRACTS FROM AN ACT REGULATING THE PRACTICE OF MEDICINE IN

THE STATE OF UTAH. LAWS OF 1907. CHAPTER 88.

REGULATING THE PRACTICE OF MEDICINE AND SURGERY.

Be it Enacted by the Legislature of the State of Utah:

SECTION 1. Board Appointed. Qualifications of Members. Vacancies. There shall be appointed by the Governor at each regular session of the Legislature, by and with the consent of the Senate, a State Board of Medical Examiners, who shall consist of nine members, who shall be representatives of the various recognized Schools of Medicine, each of whom shall be at the time of his appointment a licensed graduate practitioner of medicine in this State. Each person so appointed shall qualify by taking an oath before a Judge of the District court, that he is a graduate of a legally chartered medical college in good standing, and that he will faithfully perform the duties of his office, and upon the qualification of every person appointed as aforesaid, he shall hold his office until his successor is appointed and qualified.

SEC. 2. Board Must Organize. Powers and Duties. Certificate.Said board shall organize immediately after its appointment by selecting from its members, a President, Secretary and Treasurer. Five members of the board shall constitute a quorum. The board shall have a seal with which it shall attest its official acts. Any member of the board shall have authority to administer oaths and the board shall have authority to take testimony in all matters, relating to the duties of the board. The board shall have power to examine any person who furnishes satisfactory proof of having received a degree or diploma from a legally chartered medical school, which at the time of granting such diploma required at least the following hours of study; Anatomy, 420, histology, 90, physiology, 300, chemistry, 300, therapeutics, 90, bacteriology, 140, pathology, 240, physical diagnosis, 100, surgery, 540, obstetrics, 160 and gynecology 160; a leeway of ten percent being allowed, or a minimum total of 2286 hours. And any legally chartered school making the foregoing requirements shall be deemed a "recognized school of medicine." If the applicant has received a certificate from a high school of the first grade or educational attainment equivalent thereto, and, if upon examination of such person by the board, the said board shall be satisfied that the applicant is qualified to practice medicine and surgery, then the said board shall have power to issue a certificate. to such person so qualified and examined. The board shall issue two forms of certificates or license, one for persons holding such a degree or

diploma who has been examined and favorably passed upon by the board, and another for persons desiring to practice obstetrics under the provisions of section thirteen. Certificates or licenses shall be signed by all members of the board granting them.

SEC. 3. Fee. The fee for the examination provided for in the last preceding section shall be fifteen dollars, which shall be paid to the Treasurer of the Board of Medical Examiners.

SEC. 4. Non-graduate Practitioners.-No non-graduate licensed under the provisions of the territorial Legislature shall in any way advertise as a doctor, physician or surgeon, but shall, if he advertise at all, do so as a licensed non-graduate practitioner of medicine. The Secretary of the Board shall enter, without fee, upon the register to be kept by him, the names of all persons to whom certificates are issued as physicians and surgeons.

SEC. 5.-Certificate to be Recorded.-Every person holding a certificate from the said board shall have it recorded in the office of the Recorder of the county in which he resides, within three months from its date, and the date of record shall be endorsed thereon. Until such certificate is recorded as herein provided, the holder thereof shall not exercise any of the privileges conferred therein to practice medicine. Any person removing to another county to practice medicine shall record the certificate in like manner in the county to which he removes, and the holder of the certificate shall pay the Recorder the usual fees for recording such certificates.

SEC. 9. “Unprofessional Conduct," Defined.-The words "unprofessional conduct" as used in this act, are hereby defined to mean any of the following acts, to wit:

First. Offering or attempting to procure or aid or abet in procuring a criminal abortion.

Second. The procuring or aiding in procuring a criminal abortion. Third. The obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured.

Fourth. The willfully betraying a professional secret.

Fifth. All advertising of medical business in which grossly improbable statements are made.

Sixth. All advertising of 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 or any excessive use of drugs or gross immorality.

SEC. 11. Practicing Medicine Defined.-Any person shall be regarded as practicing medicine within the meaning of this act who shall

diagnose, treat, operate upon, prescribe or advise for, any physical ailment of another for a fee, or who shall hold himself out by means or signs, cards, advertisements, or otherwise, as a physician or surgeon; but nothing in this act shall be construed to prohibit services in cases of emergency, or the administration of family remedies, nor prevent medical officers of the United States Army from the discharge of their official duties, nor to prohibit visiting physicians in the act of consultation, nor shall anything in this act be construed to apply to those who heal only by spiritual means without pretending to have a knowledge of the science of medicine.

SEC. 14. Meetings of the Board.-The board of Medical Examiners shall meet on the first Monday in January, April, July, and October, of each year, at ten o'clock A. M., and such other times as the President of the Board shall deem necessary.

The place of meeting shall be at the State Capitol.

SEC. 16. Examination May Be Waived, When.-The said board may in its discretion accept and register upon the payment of the registration fee of twenty-five dollars 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 any State or Territory of the United States; provided, however, that the applicant has received a degree or diploma from a legally chartered medical school, the requirements of which 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 provided further that the legal requirements of such medical examining board of such State or Territory shall have been at the time of issuing such certificate in no degree or particular less than those of this State 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 be held to apply only to such of said Medical Examining Boards of such States and Territories as accept and register the certificates granted by this board without examination by said boards of the one holding such certificates.