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from office any member of said board for neglect of duty, incompetency, or improper conduct.

3. ONE MEMBER OF THE BOARD OF EMBALMERS ON STATE BOARD OF HEALTH.–At the time of appointing members of the state board of embalmers the governor shall designate and appoint one of said board to be also a member of the state board of health, whose duty it shall be to serve on the state board of health during the time that he is a member of the state board of embalmers, but without expense to said board of health. The governor shall also appoint such member's successor on the state board of health from the state board of embalmers; said membership shall be in addition to that of said board of health as now provided for by law.

4. The governor shall furnish each person appointed to serve on the state board of embalmers a certificate of appointment. The appointee shall qualify by taking the usual oath of office before a county or corporation court of the county or corporation in which the said persón may reside within ten days after said appointment has been made, and this fact shall be noted on the certificate of appointment and shall be filed with the board of embalmers.

5. The first meeting of the board shall be held on the second day of July, eighteen hundred and ninety-four, or as soon thereafter as may be practicable. Three members shall constitute a quorum.

6. There shall be elected at the first meeting a president and a secretary from the members of said board, who shall serve for one year or until their successors shall be elected and have qualified. The secretary shall furnish such bond as may be required of him by the board. The board may adopt a common seal. The president of said board (and in his absence a president pro tempore elected by the members present) is hereby authorized to administer oaths to witnesses testifying before said board The said board shall from time to time adopt rules, regulations, and by-laws not inconsistent with the laws of this state or of the United States whereby the performance of the duties of said board and the practice of embalming of dead human bodies shall be regulated. The said board shall meet at. least once in each year, and may as often as the proper and efficient discharge of its duties shall require.

7. LICENSE, &C.-From and after the passage of this act every person now engaged or desiring to engage in the practice of embalming dead human bodies within the state of Virginia shall make a written application to the state board of embalming for a license, accompanying the same with the license fee of five dollars, whereupon the applicant as aforesaid shall present himself or herself before said board at a time and place to be fixed by said board; and if the board shall find upon due examination that the applicant is of good moral character, possessed of skill and knowledge of said science of embalming and the care and disposition of the dead, and has a reasonable knowledge of sanitation and the disinfection of bodies of deceased persons, and the apartment, clothing, and bedding in case of death from infectious or contagious diseases, the board shall issue to said applicant a license to practice said science of embalming and the care and disposition of the dead, and shall register such applicant as a duly licensed embalmer. Such license shall be signed by a majority of the board and attested by its seal. All persons receiving a license under the provisions of this act shall also register the fact at the office of the board of health of the city, and where there is no board of health with the clerk of the town or county court in the jurisdiction of which it is proposed to carry on said practice, and shall display said license in a conspicuous place in the office of such licentiate.

8. Every registered embalmer who desires to continue the practice of his profession shall annually thereafter during the time he shall continue in such practice on such date as said board may determine pay to the secretary of said board a fee of two dollars for the renewal of registration.

9. All expenses, salary, and per diem to members of this board shall be paid from fees received under the provisions of this act, and shall in no manner be an expense to the state. All moneys received in excess of said per diem allowance and other expenses provided for shall be held by the secretary of said board as a special fund for meeting the expenses of said board.

10. On and after the first day of January, eighteen hundred and ninetyfive, it shall be unlawful for any person not a registered embalmer to practice or pretend to practice the science of embalming unless said person is a register :d embalmer within the meaning of this chapter.

11. Nothing in this act shall apply to or in any manner interfere with the duties of any officer of local or state institutions, nor shall this act apply to any person engaged simply in the furnishing of burial receptacles for the dead and burying the dead but not embalming.

12. Any person who shall practice or hold himself or herself as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof before any court shall be sentenced to pay a fine of not less than fifty dollars nor more than one hundred dollars for each and every cffence. All fines assessed for the violation of any of the provisions of this act shall be paid into the literary fund of this commonwealth.

13. Schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissection while teaching as those granted in this state to medical colleges: provided, such bodies must be obtained through the state anatomical board.

14. This act shall apply only to cities having a population of five thousand or more.

CHAPTER LXXVII.

REGULATING THE PRACTICE OF MEDICINE AND SURGERY.

As Amended Sec. 1747. Examination of applicants for practice of medicine; re1891-2, p. 254.

examination; fees of board. It shall be the duties of said board at any Previous

Amendments of its meetings to examine all persons making application to them who 1887-8, p. 369. 1891-2, p. 107. shall desire to commence the practice of medicine or surgery in this state,

and when an applicant shall have passed an examination satisfactory as to proficiency before the board in session the president thereof shall grant to such applicant certificate to that effect. A fee of five dollars shall be paid to said board through such officers or members as it may designate by each applicant before such examination is had. In case any applicant shall fail to pass a satisfactory examination before the board he shall not be permitted to stand any further examination within the next three months thereafter nor shall he have again to pay the fee prescribed as aforesaid: provided, however, no applicant shall be rejected upon his examination on account of his adherence to any particular school of medicine or system of practice nor on account of his views as to the method of treatment and cure of diseases: and provided, further, that when in the opinion of the president of the board any applicant has been prevented by good cause from appearing before the board he shall appoint a committee of three members, who shall examine such applicant, and may if they see fit grant

Previous

him a certificate, which shall have the same force and effect as though granted him by the full board until the applicant shall have an opportunity to appear before the said board, when if applicant failing to appear for examination the president of the board shall have authority to revoke said certificate, or in any case the president shall have authority at his discretion to grant a special permit to any applicant to practice medicine until he shall have an opportunity to appear before the board in session for examination, which shall be revocable at the discretion of the president. The said board shall have in their discretion authority to accept in lieu of examination of an applicant a certificate from the medical board of any other state showing that said applicant has passed a satisfactory examination as to his proficiency and obtained license from said board to practice medicine and surgery in said state.

Sec. 1750. Who prohibited from practising medicine without cer- As Amended tificate.- No person who shall have commenced the practice of medicine

1891-2, p 255. or surgery since the first day of January, eighteen hundred and ninety-two, Amendment

1891-2, p. 107. or who shall hereafter commence the practice of the same shall practice as a physician or surgeon for compensation without having first obtained a certificate and caused the same to be recorded as aforesaid. Any person violating the provisions of this section shall be fined not less than fifty nor more than five hundred dollars for each offence and be debarred from receiving any compensation for services rendered as such physician or surgeon. Any person who shall have been assessed with a license tax as a physician or surgeon by any commissioner of the revenue in this state at any time prior to the passage of this act shall be taken as having commenced the practice of medicine or surgery prior to that date; but any person who shall not have been so assessed shall be taken as not having commenced such practice prior to that date.

Sec. 1753 a. Practice of medicine and surgery.–1. From and after 1893-4, p. 400. the passage of this act the following persons and no others shall be permitted to practice medicine or surgery in this state :

First. All persons who have practiced medicine or surgery in this state continuously for the period of at least five years prior to the passage of this act, but only such persons as have been assessed with a license tax as a physician or surgeon by some commissioner of the revenue in this state during each of the five years preceding the passage of this act shall be regarded as included within the provisions of this clause: provided, that this act shall not apply to any physician or surgeon now legally licensed and practicing as such in this state.

Second. All persons who have been duly examined and have been awarded certificates by the board of medical examiners under the acts of January thirty-first, eighteen hundred and eighty-four, March first, eighteen hundred and eighty-eight, and chapter seventy-seven of the code, or the amendments thereto, and who have also otherwise complied with the requirements of the said laws.

Third. All persons who shall hereafter receive certificates from the board of medical examiners of this state as provided by section six of this act, and who shall also in all other respects have complied with the provisions of the same.

2. Any person shall be regarded as practicing medicine or surgery within the meaning of this act who shall profess publicly to be a physician or surgeon and shall offer for practice as such, or who shall prescribe for the sick or for those needing medical or surgical aid and shall charge and receive therefor money or other compensation, directly or indirectly; but this act

shall not apply to any midwife, dentist, commissioned officer, or contract
surgeon of the United States army or navy or marine hospital service in
the performance of his duties as such, nor to any physician or surgeon re-
siding in any state or territory of the United States or in the District of
Columbia called into consultation in a special case with a physician or
surgeon residing in this state ; nor shall this act be construed as affecting
or changing in any way the laws in reference to the license tax to be paid
by physicians, surgeons, and dentists.

3. There shall be for this state a board of medical examiners, consisting of one member from each congressional district in this state and two for the state at large and in addition two homeopathic physicians from the state at large, whose term of office shall be four years or until their successors are appointed and qualified. The term of office of the board first appointed after this act takes effeci shall commence on the first day of April, eighteen hundred and ninety-four, but the board in office under the law in force at the time of the passage of this act shall constitute a board of medical examiners under this act until a new board shall be appointed under authority of the same.

4. The said board shall consist of men learned in medicine and surgery, and shall be appointed by the governor on the first day of April, eighteen hundred and ninety-four, and every fourth year thereafter, from a list of names to be recommended by the medical society of Virginia. He shall also appoint two homeopathic physicians, who may be nominated to him by the habneman medical society of the Old Dominion in the manner hereinafter provided. Vacancies occurring in such board for unexpired terms shall be filled in the same manner. Such recommendations shall be by vote of a majority present at some meeting of the said societies, and the same shall be certified to the governor by the president and secretary of such societies : provided, however, in case the governor shall consider any of the persons so recommended upsuitable he may decline to appoint such person or persons and communicate the fact to the presiding officers of the society presenting the nomination, and such society shall within ninety days thereafter make other recommendations in the manner hereinafter prescribed, which shall stand on the same footing in all respects as those first made : provided, further, if such society fail to make such recommendations prior to the time of appointment or within the ninety days the govornor shall appoint such board, either in whole or in part, without regard to such recommendations. If any of said examiners shall cease to reside in the district for which he was appointed his office shall be deemed vacant.

5. The members of said board shall qualify by taking the usual oath of oflice before the county or corporation court of the county or corporation in which they respectively reside or before the judge of such court in vacation. The officers of said board shall be a president, vice-president, and secretary (who shall also act as treasurer), said officers to be members of and selected by the board. Regular meetings of the board shall be held at such times and places as the board may prescribe, and special meetings may be held upon the call of the president and any five members, but there shall not be less than one regular meeting each year. Five members of the board shall constitute a quorum. The board may prescribe rules, regulations, and by-laws for its own proceedings and government and for the examination by its members of candidates for the practice of medicine and surgery.

6. It shall be the duty of said board at any of its meetings to examine all persons making application to them who shall desire to commence the

As Amended 1897-8, p. 927.

practice of medicine or surgery in this state and who shall not by the provisions of this act be exempt from such examinations; and when an applicant shall have passed an examination satisfactory as to efficiency before the board in session the president thereof shall grant to such applicant certificate to that effect. A fee of ten dollars shall be paid to said board through such oflicers or members as it may designate by each applicant before such examination is had. In case any applicant shall fail to pass a satisfactory examination he shall not be permitted to stand any further examination within the next six months thereafter or until the next meeting of said board, nor shall he have again to pay the fee prescribed as aforesaid : provided, however, no applicant shall be rejected upon his examination on account of his adherence to any particular school of medicine or system of practice nor on account of his views as to the method of treatment and care of diseases: and provided, further, that when in the opinion of the president of the board any applicant has been prevented by good cause from appearing before the board the president of the board shall appoint a committee of three members, who shall examine such applicant and may, if they see fit, grant him a certificate, which shall have the same force and effect as though granted him by the full board until the applicant shall have an opportunity to appear before the said board, when if the applicant fail to appear for examination the president of the board shall have authority to revoke said certificate, or in any case the president shall have authority at his discretion to grant a special permit to any applicant to practice medicine until he shall have an opportunity to appear before the board in session for examination, which said special permit shall be revocable at the discretion of the president.

7. The fund realized from the fees aforesaid shall be applied by the board to the payment of its expenses and to making a reasonable compensation to the president and secretary.

8. Before any person who obtains a certificate under section six of this act may lawfully practice medicine or surgery in this state he shall cause the said certificate to be recorded in the clerk's ollice of the county or corporation in which he resides in this state, or if he resides in the city of Richmond in the clerk's office of the chancery court of said city; but if he does not reside in the state of Virginia he shall cause the said certificate to be recorded in the clerk's office of the county or corporation in which he offers to practice in this state, or in the clerk's office of the chancery court of the city of Richmond if he offers to practice in said city. The certificates shall be recorded by the clerk in a book to be kept for that purpose and it shall be indexed in the name of the person to whom the certificate is granted. The clerk's fee for recording shall be the same as for recording a deed.

9. Any person who shall practice medicine or surgery in this state in violation of the provisons of this act shall be fined not less than fifty nor more than five hundred dollars for each offence, and it shall not be lawful for him to recover by action, suit, motion, or warrant any compensation for services which may be claimed to have been rendered by him as such physician or surgeon.

NOTE.—Previous act with same provisions approved January 23, 1894.
Acts 1893-'94, page 68.
Sec. 1753 b. Practice of veterinary medicine and surgery.-From

1895.6, p. 523. and after the first day of May, eighteen hundred and ninety-six, the following persons and no others shall be permitted to practice veterinary medicine or surgery in this state:

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