WASHINGTON BALLINGER'S CODE, 1897. REGULATING THE PRACTICE OF MEDICINE. $3012. Governor to Appoint Board of Examiners-Term.-The Governor of this State shall appoint a board of examiners, to be known as the State medical examining board, consisting of nine members, who shall be learned and skilled in the practice and theory of medicine and surgery, and who shall hold their office for three years, and. course. $3014. Board Shall Examine Applicants and Grant Licenses.—(As amended by law of 1905.) Hereafter every person desiring to commence the practice of medicine and surgery, or either of them, in any of its or their branches, in this state, shall make a written application to said board for a license so to do. Each applicant for such license shall be not less than twenty-one years of age, shall furnish a certificate of good moral character, shall be a graduate of some duly authorized medical college now having, if it still be in existence, at least a four years' graded 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: Anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, 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 shall 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 or partly printed quest ons and answers and the same shall be filed and preserved of record in the office of the secretary of the board. After examination, if the same be sat sfactory, said board shall grant a license to such applicant to practice medicine and surgery in the State of Washington, which said license can only be granted by the consent of not less than five 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 twenty-five dollars and shall be paid by the applicant to the treasurer of said board toward defraying the expenses thereof and toward the enforcement under the supervision and control of said board of the provision of this act; 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. $3015. Acts Constituting Unprofessional Conduct.-The words "unprofessional or dishonorable conduct," as used in the last preceding section, are hereby declared to mean, 1. The procuring or aiding or abetting in procuring a criminal abortion; 2. The employing of what are popularly known as "cappers" or "steerers"; 3. The obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured; 4. The willfully betraying of a professional secret; 5. All advertising of medical business in which untruthful and improbable statements are made; 6. All advertising of any medicine or of any means whereby the monthly periods of women can be regulated or the menses re-established if suppressed. 7. Conviction of any offense involving moral turpitude; 8. Habitual intemperance. $3018. License to be Recorded-List Furnished.-(From Ballinger's Code Suppl. Vol. 3.) The person receiving said license shall before he or she commences the practice of medicine or surgery or any of their branches file the same, or a certified copy thereof, with the county clerk, and for the county where he or she resides, and said county clerk shall file said certificate, or copy thereof, and enter a memorandum thereof giving the date of said license and name of the person to whom the same was issued, and the date of such filing, in a book to be provided and kept for that purpose; and said county clerk shall .. $3019. Penalties for Practicing without License.-(From Ballinger's Code Suppl. Vol. 3.) Any person practicing medicine or surgery or either of its or their branches within this state without first having obtained, and filed the license provided for in this act, or contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars or by imprisonment in the county jail not less than ten days nor more than ninety days, or by both such fine and imprisonment. In all prosecutions under the provisions of this act, evidence that the defendant has failed to file a license with the county clerk as herein required, shall be prima facie evidence that the defendant is not a legally licensed practitioner. And each day of such illegal practice shall be deemed a separate offense under this act. All fines collected under the provisions of this act shall be paid into the state treasury for the use and benefit of the common school of this state. Any person shall be deemed as practicing within the meaning of this act who shall have and maintain an office or place of business with his or her name and the words physician or surgeon, "Doctor," "M. D." or "M. B." in public view, or shall assume or advertise the title of doctor or any title which shall show or shall tend to show that the person assuming or advertising the same is a lawful practitioner of any of the branches of medicine or surgery in such a manner as to convey the impression that he or she is a practitioner of medicine or surgery under the laws of this state; or any person who shall practice medicine or surgery under a false or assumed name, or under cover of the name of some legal practitioner, or personate any legal practitioner or for a fee prescribe or direct, or recommend for the use of any person any drug or medicine for the treatment, care or relief of any wounds, fracture or bodily injury, infirmity or disease: Provided however, That this act shall not apply to dentists. while confining themselves strictly to dentistry. Justices of the peace and the superior court shall have concurrent jurisdiction of violations of this act; it shall be the duty of the respective county or district attorneys to prosecute all violations of this act. In cases of appeal to the superior court as hereinbefore provided it shall be the duty of the prosecuting attorney of the county wherein such appeal shall be tried to represent said board upon said appeal. And in all cases of appeal to the supreme court under the provisions of this act the attorneygeneral shall represent said board upon such appeal. $4386. PHYSICIANS WEST VIRGINIA 1906 CODE. CHAPTER 150. AND SURGEONS-WHO MAY PRACTICE MEDICINE EXAMINATIONS BY STATE BOARD OF HEALTH-CERTIFI CATES. SEC. 9. The following persons and no others shall hereafter be permitted to practice medicine in this state. 1st. All such persons as will be legally entitled to practice medicine in this state at the time of the passage of this act. 2nd. All such persons as shall be graduates of a reputable medical college, recognized as such by the State Board of Health, who shall pass an examination before said state board of health and shall receive certificates therefrom, as hereinafter provided. Provided, also, that the state board of health, or a majority of them, may accept in lieu of an examination, the certificate of license to practice medicine legally granted by the board of registration or examination or licensing board of any other state, territory or any foreign country whose standard of qualification for the practice of medicine is equivalent to that of this state, and grant to applicant a certificate of license to practice medicine in this state; provided, such states, territories or foreign countries accord like privilege to medical licentiates of this state. The state board of health shall at such times as a majority of them may deem proper hold examinations for the licensing of practitioners of medicine; such examinations shall not be less in number than three during each year, and shall be held at such points in the state as shall be most convenient to those presenting themselves for examination, or to the state board of health, at such examinations written and oral questions shall be submitted to the applicants for license governing all the essential branches of the sciences of medicine and surgery, and the examination shall be a thorough and decisive test of the knowledge and ability of the applicants. The president and secretary of the state board of health shall issue certificates to all who successfully pass the said examination, and to all those whose certificates said board of health or a majority of them shall accept in lieu of an examination as hereinbefore provided, except that in all the certificates issued to applicants who adhere to the osteopathic school it shall appear that it is for the practice of osteopathy, and such certificates after being duly recorded as hereinafter provided, shall be deemed licenses to practice medicine, surgery and osteopathy in all their branches in this state. The state board of health shall give timely notice of the time and place of holding each such examination, by publishing such notice in at least three newspapers of general circulation in this state, and all such persons wishing to present themselves for examination shall notify the secretary and comply with the rules of the state board of health. No applicant for license to practice medicine in this state shall be rejected because of his or her adherence to any particular school or theory of medicine. The state board of health shall call to their assistance in the examination of any applicant who professes the homeopathic, osteopathic or eclectic school of medicine, a homeopathic osteopathic or eclectic physician entitled to practice medicine in this state under this act, and such homeopathic, osteopathic or eclectic physician so called to the assistance of the state board of health, shall be allowed the per diem and actual expenses incurred herein before allowed to regular members of the state board of health; provided, however, that the provisions of this and the preceding section shall not apply to physicians living in other states and duly qualified to practice medicine therein, who shall be called into consultation into this state, by a physician legally entitled to practice medicine in this state under this chapter, and, provided, further, that the provisions of this chapter shall not apply to females practicing midwifery, or to commissioned officers of the United States army and navy and marine hospital service when in the actual discharge of their duties as such commissioned officer; provided, further, that this act shall not apply to osteopathic physicians practicing in the state at the time this act takes effect who are graduates of any recognized, reputable school of osteopathy.' $4387. Same-Certificates-Recording-Refusal or Revocation. SEC. 10.-Every person holding any such certificate, as is hereinbefore provided for, shall have the same recorded in the office of the secretary of the state board of health, in a book to be kept by him for that purpose, and the secretary shall endorse on said certificate, the fact of such recordation and deliver the same to the person named therein or to his order. The state board of health may refuse certificates to individuals guilty of malpractice or dishonorable conduct, and they may revoke certificates for like causes. Such revocation being after due notice and trial by the board of health, with right of appeal to the circuit court of the county in which such individual resides; but no such refusal or revocation shall be had or made by license of the individual belonging to or practicing in any particular school or system of medicine. $4388. Same-Examinations-Fees-Re-examination. SEC. 11.-Every person on presenting himself for examination as hereinbefore provided, shall pay to the state board of health, or to the members thereof by whom he is examined, a fee of ten dollars, which shall not be returned if a certificate be refused him; but he may again at any time within one year after such refusal present himself for ex 1 As amended by Laws of 1907. |