ÆäÀÌÁö À̹ÌÁö
PDF
ePub

be removed therefrom when required by the trustees; the expense of such clothing and removal shall be paid out of the county treasury, upon the certificate of the judge of the county court.

DISCHARGE OF PATIENT-NOTICE-REMOVAL.] Sec. 18. Whenever the trustees shall order any patient discharged, the superintendent shall at once notify the clerk of the county court of the proper county thereof, if the patient is a pauper, and if not, shall notify all the persons who signed the bond required in section 15 of this act, and request the removal of the patient. If the patient be not removed within thirty days after such notice is received, then the superintendent may return him to the place from whence he came, and the reasonable expense thereof may be recovered by suit on the bond, or in case of a pauper, shall be paid by the proper county.

NON-RESIDENT PATIENTS.] Sec. 19. Whenever application shall be made for a patient not residing within the State, if the superintendent shall be of opinion that from the character of the case it is probably curable, and if there be at the time any room in the hospital, the trustees, in their discretion, may order the patient to be admitted, always taking a satisfactory bond for the maintenance of the patient, and for his removal when required. The rate of maintenance in such cases shall be fixed by the trustees, and two months' pay in advance shall be required. But no such patient shall be detained without the order of a court of competent jurisdiction, or a verdict of a jury.

RESTORATION TO REASON-DISCHARGE.] Sec. 20. When any patient shall be restored to reason, he shall have the right to leave the hospital at any time, and if detained therein contrary to his wishes after such restoration, shall have the privilege of a writ of habeas corpus at all times, either on his own application, or that of any other person in his behalf. If the patient is discharged on such writ, and if it shall appear that the superintendent has acted in bad faith, or negligently, the superintendent shall pay all the cost of the proceeding. Such superintendent shall, moreover, be liable to a civil action for false imprisonment.

COUNTY HOSPITAL.] Sec. 21. This act shall not be construed to prevent the committing of any insane pauper to the hospital for the insane of the county in which he may reside, where such a hospital is provided.

TRIAL BY JURY NECESSARY.] Sec. 22. No superintendent, or other officer or person connected with either of the State hospitals for the insane, or with any hospital or asylum for insane or distracted persons in this state, shall receive, detain, or keep in custody, at such hospital or asylum, any person who shall not have been declared insane by the verdict of a jury, and authorized to be confined by the order of a court of competent jurisdiction; and no trial shall be had of the question of the sanity or insanity of any person before any judge or court, without the presence of the person alleged to be insane.

PENALTY.] Sec. 23. If any superintendent, or other officer or person connected with either of the State hospital for the insane, or with any hospital or asylum for insane or distracted persons in this State, whether public or private, shall receive or detain any person who has not been declared insane by the verdict of a jury, and whose confinement is not authorized by the order of a court of competent jurisdiction, he shall be confined in the county jail not exceeding one year, or fined not exceeding $500, or both, and be liable civilly to the person injured for all damages which he may have sustained; and if he be connected with either of the insane hospitals of this State, he shall be discharged from service therein.

LAWS OF 1877,

REGULATING THE PRACTICE OF MEDICINE AND CREATING THE STATE BOARD HEALTH.

PRACTICE OF MEDICINE.

SEC. 1. PERSONS PRACTICING MEDICINE-BOARD-QUALIFICATIONS

EXAMINATIONS.

Be it enacted by the People of the State of Illinois, Represented in the General Assembly,

That every person practicing medicine in any of its departments, such possess the qualifications required by this Act. If a graduate in medicine, he shall present his Diploma to the State Board of Health, if such Board of Health shall be established by law, or Board of Examiners herein named, for verification as to its genuineness. If the Diploma is found genuine, and if the person named therein be the person claiming and presenting the same, the State Board of Health, if such Board of Health be established by law, or the Board of Examiners, shall issue its Certificate to that effect, signed by all the members thereof, and such Diploma and Certificate shall be conclusive as to the right of the lawful holder of the same to practice medicine in this State. If not a graduate, the person practicing medicine in this State shall present himself before said Board and submit himself to such examinations as the said Board shall require, and if the examination be satisfactory to the Examiners, the said Board shall issue its Certificate in accordance with the facts, and the lawful holder of such certificate shall be entitled to all the rights and privileges herein mentioned.

SEC. 2.-APPOINTMENT OF BOARD OF EXAMINERS.

In case a State Board of Health shall not be established by law, then each State Medical Society, incorporated and in active exist ence, on the first day of July, eighteen hundred and seventy-seven (1877), whose members are required to possess Diplomas, or license from some legally chartered medical institution in good standing, shall appoint, annually, a Board of Examiners, consisting of seven members, who shall hold their offices for one year, and until their successors shall be chosen. The Examiners so appointed shall go before a County Judge and make oath that they are regular graduates, or licentiates, and that they will faithfully perform the duties of their office, Vacancies occurring in a Board of Examiners shall be filled by the Society, appointing it by selection of alternates, or otherwise.

SEC. 3.-ORGANIZATION-DUTIES-POWERS.

The State Board of Health, if such Board of Health shall be established by law, or Board of Examiners shall organize

within three months after the passage of this Act, they shall procure a seal, and shall receive through their Secretary applications for Certificates and examinations, the President of each Board shall have authority to administer oaths, and the Board take testimony in all matters relating to their duties. They shall issue Certificates to all who furnish satisfactory proof of having received Diplomas or licenses from legally chartered medical institutions in good standing; they shall prepare two forms of Certificates, one for persons in possession of Diplomas or licenses, the other for candidates examined by the Board; they shall furnish to the County Clerks of the several Counties a list of all persons receiving Certifi cates. In selecting places to hold their meetings they shall, as far as is reasonable, accommodate applicants residing in different sec. tions of the State, and due notice shall be published of all their meetings. Certificates shall be signed by all the members of the Board granting them, and shall indicate the medical society to which the Examining Board is attached.

SEC. 4.-EXAMINATIONS-COSTS.

Said State Board of Health, if such Board of Health shall be established by the law, or Board of Examiners shall examine Diplomas as to their genuineness, and if the Diploma shall be found genuine as represented, the Secretary of the State Board of Health, if such Board of Health shall be established by law, or Board of Examiners, shall receive a fee of one dollar from each graduate or licentiate, and no further charge shall be made to the applicants; but if it be found to be fraudulent or not lawfully owned by the possessor, the Board shall be entitled to charge and collect twenty dollars $20) of the applicant presenting such Diploma. The verification of the Diploma shall consist in the affidavit of the holder and applicant that he is the lawful possessor of the same, and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such officer, if he have a seal. Graduates may present their Diplomas and affidavits as provided in this Act, by letter or by proxy, and the State Board of Health, if such Board of Health be established by law, or Board of Examiners shall issue its Certificate the same as though the owner of the Diplomas was present.

SEC. 5.-EXAMINATIONS BY BOARD.

All examinations of persons not graduates or licentiates, shall be made directly by the Board, and the Certificates given by the Boards shall authorize the possessor to practice Medicine and Surgery in the State of Illinois.

SEC. 6.-CERTIFICATE TO BE RECORDED.

Every person holding a Certificate from a State Board of Health, if such Board of Health shall be established by law, or Board of Examiners shall have it recorded in the office of the Clerk of the County in which he resides, and the record shall be endorsed thereon. Any person removing to another County to practice, shall procure an endorsement to that effect on the Certificate froin the County Clerk, and shall record the Certificate, in like manner, in the County to which he removes, and the holder of the Certificate shall pay to the County Clerk the usual fees for making the record.

SEC. 7.-BOOK TO BE KEPT.

The County Clerk shall keep, in a book provided for the purpose, a complete list of the Certificates recorded by him, with the date of the issue, and the name of the Medical Society represented by the

State Board of Health, if such Board of Health shall be established by the law, or Board of Examiners issuing them. If the Certificate be based on Diploma or License, he shall record the name of the medical institution, conferring it and the date when conferred. The register of the County Clerk shall be open to public inspection during business hours.

SEC. 8.-FEE FOR EXAMINATION.

Candidates for examination shall pay a fee of five dollars ($5.00), in advance, which shall be returned to them if a Certificate be refused. The fees received by the Board shall be paid into the Treasury of the Medical Society by which the Board shall have been appointed, and the expenses and compensaton of the Board shall be subject to arrangement with the Society.

SEC. 9.-CHARACTER OF EXAMINATION.

Examinations may be in whole or in part in writing, and shall be of an elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practitioner.

SEC. 10.-CERTIFICATES MAY BE REVOKED.

The State Board of Health, if such Board of Health shall be established by law, or Board of Examiners, may refuse Certificates to individuals guilty of unprofessional or dishonorable conduct, and they may revoke Certificates for like causes. In all cases of refusal or revocation, the applicant may appeal to the body appointing the Board.

SEC. 11.-WHO A PRACTICING PHYSICIAN.

Any person shall be regarded as practicing medicine, within the meaning of this Act, who shall profess publicly to be a physician, and to prescribe for the sick, or who shall append to his name the letters of "M. D." But nothing in this Act shall be construed to prohibit students from prescribing under the supervision of precep. tors, or to prohibit gratuitous services in cases of emergency. And this Act shall not apply to commissioned Surgeons of the United States Army and Navy.

SEC. 12.-LICENSE-VENDERS OF DRUGS.

Any itinerant vender of any drug, nostrum, ointment, or appliance of any kind, intended for the treatment of disease or injury, or who shall, by writing or printing, or any other method, publicly profess to cure or treat diseases, injury or deformity by any drug, nostrum, manipulation, or other expedient, shall pay a license of one hundred dollars ($100) a month, to be collected in the usual way.

SEC. 13. PENALTY FOR NOT COMPLYING WITH IT.

Any person practicing Medicine or Surgery in this State without complying with the provisions of this Act, shall be punished by a fine not less than fifty dollars ($50), nor more than five hundred dollars ($500), or by imprisonment in the County Jail for a period of not less than thirty days, nor more than three hundred and sixtyfive days, or by both such fine and imprisonment, for each and every offense; and any person filing, or attempting to file, as his own, the Diploma or Certificate of another, or a forged affidavit of indentifi. cation, shall be guilty of a felony, and upon conviction, shall be subject to such fine and imprisonment as are made, and provided by the statutes of this State for the crime of forgery, but the

penalties shall not be enforced till on and after the thirty-first day of December, eighteen hundred and seventy-seven,

Provided, That the provisions of this Act shall not apply to those that have been practicing Medicine ten years within this State.(Laws of 1877, pages 154-7.)

STATE BOARD OF HEALTH.

SEC. 1.-APPOINTMENT AND TERM OF OFFICERS.

Be it enacted by the People of the State of Illinois, Represented in the General Assembly,

That the Governor, with the advice and consent of the Senate, shall appoint seven persons who shall constitute the Board of Health. The persons so appointed shall hold their offices for seven years;

Provided, That the terms of office of the seven first appointed shall be so arranged that the term of one shall expire on the 30th day of December of each year; and the vacancies so created, as well as all vacancies occuring otherwise, shall be filled by the Governor, with the advice and consent of the Senate; and,

Provided also, That appointments made when the Senate is not in Session, may be confirmed at its next ensuing Session.

SEC. 2.-POWER OF BOARD.

The State Board of Health shall have the general supervision of the interests of the health and life of the citizen of the State. They shall have charge of all matters pertaining to quarantine; and shall have authority to make such rules and regulations, and such sanitary investigations as they may, from time to time, deem necessary for the preservation or improvement of public health; and it shall be the duty of all Police Officers, Sheriffs, Constables, and all other officers and employes of the State, to enforce such_rules and regulations so far as the efficiency and success of the Board may depend upon their official co-operation.

SEC. 3.-CHARGE OF REGISTRATION OF BIRTHS AND DEATHS. The Board of Health shall have supervision of the State system of registration of births and deaths as hereinafter provided; they shall make up such forms, and recommend such legislation as shall be deemed necessary for the thorough registration of vital and mortuary statistics throughout the State. The Secretary of the Board shall be the Superintendent of such registration. The clerical duties, and the safe keeping of the bureau of the vital statistics thus created, shall be provided by the Secretary of State.

SEC. 4.-DUTY OF PHYSICIANS-PENALTY.

It shall be the duty of all Physicians and Accouchers in this State to register their names and post office address with the County Clerk of the County where they reside; and said Physicians and Accouchers shall be required, under penalty of $10, to be recovered in any Court of competent jurisdiction in the State, at suit of the

« ÀÌÀü°è¼Ó »