Aug. 6, 1907, p. 558, § 4.

Ib., § 5.

Ib., $6.

Ib.

Ib., § 7.

person holding a certificate as a registered pharmacist in the State of Alabama, on the 1st day of January, 1908.

1620. Registered pharmacists of other states.-The state board of pharmacy may issue a certificate without examination to any person holding an authorized certificate as a registered pharmacist from such other state boards of pharmacy as may be recognized by the said board of pharmacy for the State of Alabama.

1621. (3251) Examination of applicants; how conducted.— The said board of pharmacy shall, upon application, made in such form as may be required by said board, and at such time and place, and in such manner as they may determine, either by a schedule of questions to be answered and subscribed under oath, or orally, examine each and every person, who has had a practical experience of one year in compounding physicians' prescriptions, and in the general duties of pharmacy, and who is a person of good moral character and temperate habits, who shall desire to conduct the business of selling at retail, compounding or dispensing drugs, medicines, or chemicals for medicinal use, or compounding or dispensing physicians' prescriptions as pharmacists, and if a majority of said board shall be satisfied that said person is competent and fully qualified to conduct said business of compounding or dispensing drugs, medicines, and chemicals for medicinal use, or to compound or dispense physicians' prescriptions, they shall enter the name of such person as a registered pharmacist in a book provided for it in section 1619 of this Code. Any person or persons not a pharmacist or druggist may open and conduct such store, if he or they keep constantly in their employ a registered pharmacist or druggist; but shall not himself or themselves sell or dispense drugs or medicines except proprietary and patent medicines in original packages.

1622. Fees for examination.-The board of pharmacy shall be entitled to demand and receive from each and every person they examine orally, or where answers to a schedule are returned subscribed to under oath, the sum of five dollars, which shall be in full for all services.

1623. Other examinations allowed.-In case the examination of said person shall prove ineffective, insufficient, or unsatisfactory, and his name not be registered, he shall be permitted to present himself for examination within any period not exceeding twelve months thereafter, and no charge shall be made for such examination.

1624. Liability of pharmacist for quality of drugs.-Every registered pharmacist, apothecary, or owner of a drugstore, shall be held responsible for the quality of all drugs, chemicals,

or medicines he may sell or dispense, with the exception of those sold in original packages of the manufacturer, and also those known as proprietary.

1907, p.

1625. Appropriation.-The sum of five hundred dollars a Aug. 6, year, or as much thereof as may be found necessary, is appro- 553, $ 13. priated out of the moneys received for licenses for the expense of said board of pharmacy; all surplus over and above said amount to be divided as follows: one-half to the Alabama Pharmaceutical Association, and the remainder to be paid into the state treasury.

1626. (3260) (1301) (1530) Board of medical examiners.The board of censors of the medical association of the State of Alabama, organized in pursuance of the constitution thereof,

As amend adopted at Tuscaloosa, in March, 1873, is hereby constituted a ed, Aug. state board of medical examiners, and is charged with the duties hereinafter prescribed.

9, 1907, p.

591, $1.

Aug. 9,

1907, p. 591, § 2.

I ..$3.

(Aikin's Digest, p. 338, § 1; Clay's Digest, p. 487, § 1; Feb. 9, 1877, p. 80, §1.) The following cases construed the old law, and not the following sections, which are new to this Code. One physician may purchase the good will and business of another, and such contracts are not in restraint of trade and may be specifically enforced.-McCurry v. Gibson, 108 Ala. 451 (18 So. 806). Those who practice osteopathy are within the regulation of the statute and must obtain a license or certificate. The practice of medicine is defined to be the science and art of preserving health and preventing and curing disease; called the healing art; the science of medicine is the theory of disease and remedies. Bragg v. State, 134 Ala. 170 (32 So. 767). "Persons practicing medicine," "physicians," and "doctors" are synonomous terms.-Harrison v. State, 102 Ala. 170 (15 So. 563). The conservation of public health is clearly within police powers. It is not only within the power, but it is the duty of the legislature to protect the public against the dangers of charlatanism, ignorance, and quackery, and such statutes are not unconstitutional. There are two systems by which physicians obtain a license to practice medicine; one from the medical board established by law, and the other by a diploma from a regular medical college.-Brooks v. State, 88 Ala. 122 (6 So. 902); Bell v. State, 104 Ala. 79 (15 So. 557). Failing to record diploma does not render physician liable to indictment.-Stough v. State, 88 Ala. 234 (7 So. 150). A physician practicing medicine without a license, in violation of law, cannot recover compensation for his services.-Harrison v. Jones, 80 Ala. 412. A person who does not hold himself out as a physician or solicit patronage is not liable for administering medicine to sick persons without compensation. Nelson v. State, 97 Ala. 79 (12 So. 421). Practicing dentistry without a license; certificates cannot have retroactive effect so as to legalize illegal practice. Nicholson v. State, 100 Ala. 132 (14 So. 746).

1627. Branches of learning examined upon.-An applicant for a certificate of qualification to treat diseases of human beings by any system of treatment whatsoever shall, according to rules prescribed by the medical association of the State of Alabama, be examined in writing, by the state board of medical examiners, in the following named branches of medical learning, to wit: Chemistry, anatomy, physiology, etiology, pathology, symptomatology, and diagnosis of diseases; obstetrics and obstetrical operations; gynecology; major and minor surgery, physical diagnosis, diseases of the eye, ear, nose, and throat; and hygiene and medical jurisprudence.

1628. Application for examination to practice medicine.An applicant shall, before being permitted to enter upon an examination, fill out an application blank, giving his name, age, residence, college and date of graduation (if a graduate), references, and such other data as the state board of medical examiners may require. The applicant shall make affidavit that he is the person he represents himself to be, and that he will faithfully observe all rules governing the examination. Any member of the state board of medical examiners, or the supervisor of examinations appointed by said board, may ad

minister the oath prescribed. The board shall have the right to refuse to examine a person whose reputation is such as to render him unworthy of membership in the medical profession.

591, § 4.

1629. Certificate to practice medicine.—When an applicant Aug. 9, who has undergone examination shows such a standard of 1907, p. proficiency in the branches of medical learning enumerated in section 1627 of this Code as has been or may be fixed by the medical association of the State of Alabama, a certificate of qualification, in form to be prescribed by the said association, shall be issued to the applicant, which certificate shall entitle the holder thereof to treat any diseases of human beings he may be called upon to treat in accordance with the teachings of the school or sect of medicine to which he belongs.

1630. Major surgery; certificate of qualification to practice. lb., § 5. -When an applicant states in writing that he does not propose to practice major surgery, said applicant shall be exempt from examination in said branch of major surgery, and should his proficiency in the other branches of medical learning named in section 1627 of this Code reach the standard established by the medical association of the State of Alabama, a certificate of qualification in form to be prescribed by said association shall be issued to him, which certificate shall entitle him to treat any diseases of human beings he may be called upon to treat in accordance with the teachings of the school or sect of medicine to which he belongs, provided that the holder shall not be entitled to perform the operation of major surgery, and that this restriction shall appear on the. face of the certificate.

1631. Other examinations allowed on failure.-When an Ib., 66. applicant fails to attain the standard of proficiency prescribed by the state medical association his examination shall be deemed unsuccessful. Such applicant shall, however, be entitled to another examination at any time after the expiration of six months from the date of the preceding examination.

1632. (3264) (1306) (1532) Certificate filed in probate Ib., § 7. office.—A physician who receives a certificate of qualification shall, within ten days after locating in a county, file said certificate in the office of the judge of probate of such county for record, and should said physician remove his residence to another county he shall within said time have his certificate re-recorded. Any failure on the part of the holder of a certificate of qualification to comply with the provisions of this section shall render such certificate null and void.

Aug. 9,

1907, p. 581, $8.

Ib., § 9.

Ib., § 10.

1633. Register of physicians for certificate to practice medicine kept by probate judge.—The judge of probate of a county shall provide a blank book of suitable size, to be called the "Register of Physicians," in which book shall be recorded all certificates of qualification filed by the physicians of the county. The fee for recording each certificate shall be fifty cents. At some time between the first and tenth of January of each year the said judge of probate shall forward to the state board of medical examiners a full report of the names of all physicians, together with their postoffices, whose certificates have been recorded in his office for the preceding year; and if any physician whose certificate was so recorded shall have removed from the county, or shall have died, the place to which such physician has removed, if known, or the date of the death, as the case may be, shall be reported.

1634. Board of medical examiners, reciprocal with those of other states.-The state board of medical examiners may establish reciprocal relations with similar boards of other states in reference to the issuance of certificates of qualification, provided that such reciprocal relations shall not be established with the state board of examiners of any state that does not require examination upon substantially the same branches of medical learning as those enumerated in section 1627 of this Code, and does not maintain a standard of proficiency at least equal to that maintained by the state board of medical examiners of this state. When such reciprocal relations have been established a certificate of qualification may be issued without examination to a person who presents evidence that he has complied with the requirements of a reciprocating state board of medical examiners; provided that on the face of such certificate a statement shall appear that it was issued pro forma, and without examination.

1635. Physicians of adjoining states; regulations as to practice in this state.-A physician who resides in an adjoining state, near the border of this state, shall be allowed the privilege of practicing in any county of this state into which his practice may extend without examination, provided that he holds a certificate of qualification from his own state board of medical examiners and causes said certificate to be placed on record in the office of the judge of probate of the county or counties in this state into which his practice extends, and provided that he shall not open an office or establish a place in this state at which calls may be left for him. A similar privilege shall be accorded to a licensed physician of any state who may be called into this state in consultation with a physician, except that such consulting physician shall not be required to place his certificate of qualification on record.