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for physicians, giving her age and length of time, and the place or places during, and at which, she has been engaged in sald praotice, and make affidavit thereto, and shall pay to the Secretary of the Board of Health in the Parish of Orleans, or to the Clerk of the District Court in the other parishes of the State, as the case may be, a fee of one dollar. Said Secretary of the Board of Health of the Parish of Orleans, or Clerk of the District Court shall issue a certificate to the one so registering, in accordance with the facts herein set forth, upon a blank form to be furnished by the State Board of Health, which shall entitle the holder to practice midwifery in the parish in which said certificate is issued. The Clerks of the District Courts of the several parishes of the State, Orleans excepted, shall annually, on the first Monday in January, make returns to the Secretary of the State Board of Health in the Parish of Orleans of all such certificates on record in his office.
All persons beginning the practice of midwifery in this State after the passage of this act shall appear before one of the State Boards of Examiners and submit to such examination in midwifery as the Board shall require, and if such examination is satisfactory, the said Board shall, upon the receipt of five ($5.00) dollars, issue a certificate the same as provided for midwives in practice at the time of the passage of this act, which centificate shall be registered as in the manner provided for midwives in practice at the time of
the passage of this act, but for such registration with the Secretary of the State Board of Health, or with a Clerk of a District Court, the holder of said certificate shall be required to pay a fee of fifty (50) cents only. This section does not apply to the so-called midwife of rural districts and plantation practice, who, in the sense of this act, are not considered as practicing midwifery as a profession.
Sec. 6. Be it further enacted, etc., That the Boards of Medical Examiners are authorized to elect such officers and form such by-laws as may be necessary for the efficient operation of the Boards.
The Boards shall have a common seal, and the President and Secretary of their respective Boards shall be empowered to administer oaths in the taking of testimony upon any matters pertaining to the duties of said Board.
Sec. 7. (Amd.) Be it further enacted, etc., That the Board of Examiners shall hold two regular meetings each year, one in the city of New Orleans, and one in the city of Monroe, La., but the President of the Board may call meetings elsewhere in the State whenever the Board may deem it necessary or expedient. The call to be issued by the Secretary and signed by the President.
(As amended by Act. No. 81 of 1896.)
Sec. 8. Be it further enacted, etc., That to prevent delay and inconvenience, one member of a Board of Medical Examiners may grant a permit, after satisfactory examination, to any applicant, and shall report thereon to the Board at the next regular meeting; such temporary permit shall not continue in force longer than until the next regular meeting of the Boards, but such temporary permit shall in no case be granted within six months after the applicant has been refused a permit by the Boards.
Sec. 9. Be it further enacted, etc., That the certificates issued in accordance with section 2 of this act shall be recorded in the office of the Clerk of the Distriot Court of the parish in which he or she resides, who shall make this recordation in a book to be kept for that purpose only, and also certify to such recordation by an endorsement on the original certificate, which the holder thereof shall transmit or deliver to the State Board of Health; and the clerk recording the same shall be entitled to a fee of one dollar, such certificate transmitted or delivered to the State Board of Health shall entitle the holder to
be placed on the list of registered physicians and surgeons, the pub. lication of which is hereinafter provided for. Said Board of Health shall preserve such certificates, and a copy thereof, signed by its Secretary, shall be received as evidence in the courts of this State; and for such a copy a fee of fifty cents shall be paid. Until such recorda. tion is made the holder of such certificate shall not exercise any of the rights or privileges therein conferred to practice medicine.
Sec. 10. Be it further enacted, etc., That it shall be the duty of the State Board of Health to publish annually in ithe official journal of the State (and if there be no such journal, in one of the daily newspapers published in the city of New Orleans) a list of the registered physicians and surgeons in the State and their residences; and such published list shall be received in evidence by the courts of this State as proof that the physicians and surgeons therein named are duly registered as required by law, and the said State Board of Health is hereby required to strike from said list the name of any person whose certificate may have been revoked by the State Boards of Medical Examiners, as herein provided for.
Sec. 11. Be it further enacted, etc., That the members of said Boards of Medical Examiners shall receive, as a compensation for their services, ten ($10) dollars per day during their session, and, in addition thereto, their hotel and traveling expenses the most direct route to and from their respective places of residence, to be paid out of any moneys in the treasury of the Boards upon the certificate of the President and Secretary. The Boards are empowered to demand a fee of one (1) dollar for the issuing of each certificate. The fee for examination shall be ten (10) dollars. If the applicant fails to pass a satisfactory examination, and no certificate is issued to him or her, five (5) dollars of his or her fee is to be retained. The fee for certificate of temporary permit shall be five (5) dollars, to be paid in to the treasury of the Boards, said fee to be accredited to the applicant when he applies to the Board for a permanent permit.
Sec. 12. Be it further enacted, etc., That any itinerant vender of any drug, nostrum, ointment, or application of any kind, intended for the treatment of disease or injury, or who may, by writing, print or. other methods, profess to cure or treat disease or deformity by any drug, nostrum, manipulation, or other expedient in this state, shall
, if found guilty, be fined in any sum not less than twenty-five dollars ($25) and not exceeding one hundred ($100) dollars for each offense, to be recovered in an action of debt, before any court of competent jurisdiction, or shall be imprisoned for a term of not less than ten (10) days or more than thirty (30) days, or be both fined and Imprisoned.
Sec. 13. Be it further enacted, etc., That any person shall be regarded as practicing medicine, in any of its departments, within the meaning of this act, who shall append the letters M. D. or M. B. to his or her name, or repeatedly prescribe or direct, for the use of any person, or persons, any drug or medicene or other agency for the treatment, cure or relief of any bodily injury, infirmity or disease. This act shall not apply to farmers and planters when exclusively practicing, without compensation, on their employes and tenants.
Sec. 14. (Amd.) Be it further enacted, etc., That if any person shall practice medicine in any of its departments, in this State, without first having obtained the certificate herein provided for, or contrary to the provisions of this act, the Board of Medical Examiners created by this act may, through their respective presidents, cause to issue in any competent court a writ of injunction forbidding and enjoining said person from further practicing medicine in any of its departments in this State, until such person shall have first
obtained the certificate herein provided for and under the provisions of this act.
That said injunction shall not be subject to being released upon bond. That in the same su it in which said injunction may be applied for, the said Boards, through their respective presidents aforesaid, may sue for and demand of the defendapıt a penalty not to exceed one hundred dollars, and in addition thereto attorney's fees not to exceed fifty dollars, besides the costs of court; judgment for which penalty, attorney's fees and costs may be rendered in the same judg. ment in which the injunction may be made absolute. That the trial of said proceeding shall be summary, and be tried by the judge without the intervention of a jury.
(As amended by Act No. 13 of 1896.)
Sec. 15. Be it further enacted, etc., That the said Boards shall have power to revoke any permit or certificates issued by them when. ever it shall appear that the physician thus licensed has been convicted of immoral conduct before a competent court.
Sec. 16. Be it further enacted, etc., That any practitioner of medicine, in any of its departments, failing to comply with the requirements of this act shall not be exempt from jury or military duty, nor be permitted to collect any fees or charges for services rendered, nor to be allowed to testify as a medical or surgical expert in any court in this State, nor execute any certificate as a physician or surgeon, nor to hold any medical office, nor to be recognized by the State or parish municipal corporation as a physician or surgeon; nor shall be entitled to enjoy any of the privileges, rights or exemptions granted to physicians or surgeons by the laws of this state.
Sec. 17. Be it further enacted, etc., That this act shall not apply to any commissioned surgeons of the United States army, navy, or marine hospital service; to physicians or surgeons from other States or Territories in actual consultation with a registered physician of this State; nor to any physician actually practicing in this State before the passage of this act and in accordance with then existing laws.
Sec. 18. Be It further enacted, etc., That the said Boards shall report to the prosecuting officer of the State of Louisiana all persons violating the provisions of this act. They shall report annually to the Governor of the State upon the condition of the practice of medicine in the State, its recommendations for the improvement of the practice, as well as a record of the proceedings of the Board during the year; together with the names of all physicians or surgeons to whom the said Board shall have issued certificates during the year, in acordance with the provisions of Section 2 of this act.
Sec. 19. (Amd.) Be it further enacted, etc., That it shall be lawful for the said Boards of Medical Examiners or any member thereof, in any manner whatever, or for any purpose, to charge or obligate the State of Louisiana for the payment of any money except as provided for in act 44 of the acts of 1882 relating to the publication of registered physicians, etc., and the said Boards shall look alone to the revenue derived from the operation of this act for the compensation designated in section 11 of this act. And if said revenue is not sufficient to pay each member in full, as per section 11, then the amount thus received shall be prorated among the members. But if at the end of the year there should be a greater revenue derived than sufficient to defray the expenses of the Board at all their sessions for the year, as provided in section 7, such surplus shall remain in the treasury to be used in the expenditures of the Boards during the suc. ceeding year. Provided, that said Boards of Medical Examiners shall have the right to employ counsel to carry out the provisions of this act, said counsel to be paid only out of. the attorney's fees recovered by him or them respectively as a part of the penalty provided in section 14 of this act, and that the cost for all proceedings taken under the provisions of section 14 of this act shall be payable out of the revenues, including penalties collected under the provisions of this act. (As amended by Act No. 13 of 1896.)
Sec. 20. Be it further enacted, etc., that all laws and parts of laws in conflict with this act be and the same are hereby repealed
Approved July 4, 1894.
ACT NO. 80 OF 1894.
(As amended by Act No. 180 of 1898.)
To provide for the appointment of a Board of Control for the Leper
Home and to provide for the care and treatment of persons so afflicted with leprosy.
Section 1. (Amd.) That a Board of Control for the Leper Home, consisting of nine members to be appointed by the Governor of the State by and with the advice and consent of the Senate, be and the same is hereby declared a body politic and corporate; shall be domiciled at New Orleans, La., shall have a seal, may sue and be sued, contract and be contracted with; may hold, purchase, sell and convey property, whether movable or immovable, which may be necessary or beneficial to the care and maintenance of lepers; may accept and receive bequests and donations and disburse same in accordance with the wishes of the donors.
(As amended by Act No. 180 of 1898.)
Sec. 2. Be it further enacted, etc., That the sum of five thousand dollars be and the same is hereby set apart for the purposes of repairing and constructing and improving such buildings as may be necessary for the purposes of said Institute.
Sec. 3. Be it further enacted, etc., That the sum of ten thousand dollars per annum be and the same is hereby appropriated for the purpose aforesaid, and the Auditor is hereby authorized to warrant monthly for the said amounts on the order of the President of said Board, countersigned by the Secretary of same,
Sec. 4. Be it further enacted, etc., That as soon as practicable after the appointment of said Board, they shall meet and organize by electing a President and Secretary, whose duties shall be prescribed by said Board. All vacancies, whether by death, résignation or other. wise, on said Board shall be filled by the Governor.
Sec. 5. Be it further enacted, etc., That the amount of appropria. tion provided for herein shall take effect and be available from and after the organization and appointment of said Board, and whose salaries shall be fixed by the Board, and after the election of said physician having been certified to by the Secretary of State.
Sec. 6. Be it further enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed.
Approved July 7, 1894,
ACT NO. 135 OF 1894.
To prevent th tearing up of public streets, excepting under certain
conditions, and to promote the public health; also to provide pen. alties for its violation.
Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be unlawful for any person, firm, con. tractor, or corporation to tear up any street in any city for the purpose of laying tracks, sewer pipes, gas or water pipes, or other work of like character which might necessitate digging and overturning the earth of said streets, from May 1st to September 1st in each year, except under the following conditions, to-wit:
Provided that the contractor, builder or persons carrying on such work shall not tear up, interrupt or obstruct more than three blocks of any mile of street at one and the same time. Provided that permission be first obtained from State Board of Health to conduct such operations during such season, under its supervision.
Sec. 2. Be it further enacted, etc., That any contractor, foreman of contractor, superintendent or other person who shall violate this law shall be forth with arrested, and on conviction shall be fined not less than one hundred dollars ($100.00) or imprisonment for not less than sixty days, at the discretion of the court, for each offense.
Approved July 11, 1894.
ACT NO. 147 OF 1894.
Constituting the police juries of the different parishes of the Stato
Live Stock Sanitary Commission, with authority to enact and enforce ordinances and regulations for the suppression of glanders, farcy, and other contagious or infectious diseases, afflicting live stock.
Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the police juries of each and every parish in the State of Louisiana is hereby empowered to organize and act as a Live Stock Sanitary Commission, with authority to enact and enforce ordinances and regulations for the suppression of glanders, farcy, and other contagious and infectious diseases, affecting live stock, as may seem needful and necessary, and it shall be the duty of said police juries acting as Live Stock Commissions, when in their judgment it is necessary, to employ a veterinary surgeon to co-operate with them in determining whether or not there exists contagious diseases among live stock of their respective parishes, and whenever in the opinion of said commission and veterinary surgeon the public safety demands the destruction of any animal or animals, affected with an incurable, contagious or infectious disease, then such killing shall be done under the order and discretion of said commission and veterinary surgeon and without compensation to the owner or owners of such animals.
Sec. 2. Be it further enacted, etc., That it shall be the duty of any person who discovers or suspects or has reason to believe that any domestic animal belonging to him or in his charge or that may come under his observation belonging to others is affected with any contagious disease to without delay, report such fact or belief to the police member of his ward, and to the president of the police jury, and