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Veterinary Medicine and Surgery.

SS 177-178

(fourth) has studied veterinary medicine not less than three full years, including three satisfactory courses, in three different academic years, in the veterinary medical school registered as maintaining at the time a satisfactory standard; (fifth) has received a degree as veterinarian from some registered veterinary medical school. The degree in veterinary medicine shall not be conferred in this State before the candidate has filed with the institution conferring it, the certificate of the regents that three years before the date of the degree, or before or during his first year of veterinary medical study in this State, he has either graduated from a registered college or satisfactorily completed an academic course in a registered academy or high school; or has a preliminary education considered and accepted by the regents as fully equivalent; or has passed regents' examinations equivalent to the minimum requirement in such preliminary education for candidates for medical or mental degrees in this State. Students who had matriculated in a veterinary medical school before October first, eighteen hundred and ninety-five, shall be exempted from this preliminary education requirement, provided the degree be conferred before July first, eighteen hundred and ninety-eight. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice in veterinary medicine, provided that such substitution be specified in the license. (Added by chap. 860 of 1895.)

§ 177. Questions.--Each member of the board shall submit to the regents, as required, lists of suitable questions for thorough examination in comparative anatomy, physiology and hygiene, in chemistry and in veterinary surgery, obstetrics, pathology and diagnosis and therapeutics, including practice and materia medica. From these lists the regents shall prepare question papers for all these subjects, which at any examinations shall be the same for all candidates. (Added by chap. 860 of 1895.)

§ 178. Examinations and reports.-Examination for license shall be given in at least four convenient places in this State and at least four times annually, in accordance with the regents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a regent examiner, who shall not be one of the veterinary medical examiners. At the close of each examination, the regents' examiner in charge shall deliver the questions and answer papers to the board, or to its

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duly authorized committee, and such board, without unnecessary delay, shall examine and mark the answers and transmit to the regents an official report, signed by its president and secretary, stating the standing of each candidate in each branch, his general average and whether the board recommends that a license be granted. Such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on his first examination, he may, after not less than six months' further study, have a second examination without fee. If the failure is from illness or other cause satisfactory to the regents, they may waive the required six months' study. (Added by chap. 860 of 1895.)

§ 179. Licenses.-On receiving from the State board an offi cial report that an applicant has successfully passed the examination and is recommended for license, the regents shall issue to him, if in their judgment he is duly qualified therefor, a license to practice veterinary medicine. Every license shall be issued by the university under seal and shall be signed by each acting veterinary medical examiner of the board and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and veterinary medical education and all other matters. required by law, and that after full examination he has been found properly qualified to practice. Applicants examined and licensed before July one, eighteen hundred and ninety-seven, by other State examining boards registered by the regents as maintaining standards not lower than those provided by this article, and applicants who matriculate in a New York State veterinary medical school before July one, eighteen hundred and ninety-six and who receive the veterinary degree from a registered veterinary medical school before July one, eighteen hundred and ninety-seven, may without further examination, on payment of ten dollars to the regents, and on submitting such evidence as they may require, receive from them an indorsement of their license or diplomas conferring all rights and privileges of a regents' license issued after examination. If any person, whose registration is not legal or who is not registered because of some error, misunderstanding or unintentional omission, shall submit satisfactory proof that he had all requirements prescribed by law at at the time required for registration and was entitled to be legally registered, he may on

Veterinary Medicine and Surgery.

S$ 179a-179b

unanimous recommendation of the State board of veterinary medical examiners, receive from the regents under seal a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration. Before any license is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license. This record shall be open to public inspection and in all legal proceedings, shall have the same weight as evidence that is given to a record of conveyance of land. (Added by chap. 860 of 1895, and amended by chap. 479 of 1900.)

§ 179a. Registry.-Every license to practice veterinary medicine shall, before the licensee begins practice thereunder, be registered in a book to be known as the "veterinary medical register," which shall be provided by and kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of its license to practice. Before registering, each licensee shall file, to be kept in a bound volume in the county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, complied with all requisites as to attendance, terms and amount of study and examination required by law and the rules of the university as preliminary to the conferment thereof, and no money was paid for such license, except the regular fees, paid by all applicants therefor; that no fraud, misrepresentation or mistake in any material regard was employed by anyone or incurred in order that such license should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its conferment, shall before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words: " Registered as authority to practice veterinary medicine, in the clerk's office of .... .. county."

The clerk shall thereupon give to every veterinarian so registered a transcript of the entries in the register, with a certificate under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk as a total fee of one dollar for registration, affidavit and certificate. (Added by chap. 860 of 1895, and amended by 840 of 1896.)

§ 179b. Registration in another county.—A practicing veteri

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narian having registered a lawful authority to practice veterinary medicine in one county, and removing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county, shall show or send by registered mail to the clerk of such other county, his certificate of registration. If such certificate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date. and his name, preceded by the words: "Registered also in . . . . county" and return the certificate to the applicant. (Added by chap. 860 of 1895, and amended by chap. 840 of 1896.)

179c. Certificate presumptive evidence; unauthorized registration and license prohibited.-Every unrevoked certificate and indorsement of registry, made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally registered. Hereafter no person shall register any authority to practice veterinary medicine unless it has been issued or indorsed as a license by the regents. No diploma or license conferred on a person not actually in at tendance at the lectures, instructions and examinations of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of veterinary medical students in this State as a condition of their being licensed so to practice, and no registration not in accordance with this article shall be lawful authority to practice veterinary medicine, nor shall the degree of doctor of veterinary medicine be conferred causa honoris or ad eundum, nor if previously conferred shall it be a qualification for such practice. (Added by chap. 860 of 1895, and amended by chap. 840 of 1896.) 179d. Construction of this article. This article shall not be construed to effect* commissioned veterinary medical officers serving in the United States army, or in the United States bureau of animal industry while so commissioned; nor any per son for giving gratuitous services in case of emergency; or any lawfully qualified veterinarian in other States or countries meeting legally registered veterinarians in this State in consultation; or any veterinarian residing on a border of a neighboring State * So in the original.

Veterinary Medicine and Surgery.

§ 1790

and duly authorized under the laws thereof to practice veterinarian medicine therein, whose practice extends into this State, and who does not open an office or appoint a place to meet patients or receive calls within this State; or any veterinarian duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein. This article shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in veterinary medicine, causa honoris or ad eundum, or otherwise, than on students duly graduated after satisfactory completion of a preliminary and veterinary medical course, not less than that required by this article, as a condition of license. (Added by chap. 860 of 1895, and amended by chap. 840 of 1896.)

§ 179e. Penalties and their collection.-Every person who shall practice veterinary medicine within this State without lawful registration or in violation of any provision of this article shall forfeit to the county wherein such persons shall so practice, or in which any violation shall be committed, fifty dollars for every such violation, and for every day of such unlawful practice, and any incorporated veterinary medical society of the State or any county veterinary medical society of such county entitled to representation in a State society, may bring an action in the name of such county for the collection of such penalties, and the expense incurred by such society in such prosecution, including necessary counsel fees, may be retained by such society out of the penalties so collected, and the residue, if any, shall be paid into the county treasury. Any person who shall practice veterinary medicine under a false or assumed name or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony; and any person guilty of violating any of the other provisions of this act, not otherwise specifically punished herein, or who shall buy, sell or fraudulently obtain any veterinary medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtaining, or who shall practice veterinary medicine under the cover of a diploma, or license illegally obtained, or signed or issued unlawfully or under fraudulent representation, or mistake of fact in material regard, or who, after conviction of a felony, shall attempt to practice veterinary medicine, and any person who shall, without having been authorized so to do legally, append any veterinary title to his or her name, or shall assume or

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