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an indorsement to that effect on the certificate from 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. Clerk to Keep Register.-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 issue and the name of the medical society represented by the board of examiners issuing them. If the certificate be based on a 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. Fees for Examination.-Candidates for examination shall pay a fee of $5 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 compensation of the board shall be subject to arrangement with the society.

Sec. 9. Examinations.-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. Refusal of Certificates for Unprofessional Conduct.-The board of examiners must refuse certificates to individuals guilty of unprofessional conduct. But before any such refusal, the applicant must be cited by a citation signed by the secretary of the board, and sealed with its seal, to appear before the board at a time and place certain for the purpose of being heard as to such unprofessional conduct. Said citation shall notify the applicant of the time and place where and when the matter of said unprofessional conduct shall be heard, the particular unprofessional conduct with which the applicant is charged, and that the applicant shall then and there appear in person, and attended with such witnesses to testify on his behalf as he may desire, or default will be taken against him, and his application for a certificate refused. The attendance of witnesses at such hearing shall be compelled by subpenas issued by the secretary of the board under its seal; and said secretary shall in no case refuse to issue any such subpena on a fee of 50 cents being paid to him for each subpena. Said citations and said subpenas shall be served in accordance with existing provisions of law as to the service of citations and subpenas generally. At such hearing witnesses shall be examined on the part of the board and on the part of the applicant as to the fact of the applicant having been guilty of the conduct set out in the citation, and either side may examine medical experts as to whether such conduct is unprofessional; and if it appear to the satisfaction of the board that the applicant is guilty of said unprofessional conduct, no certificate shall be issued to him. But no application shall be refused on the ground of unprofessional conduct, unless the applicant has been guilty of unprofessional conduct within one year next preceding his application. If any holder of a certificate be guilty of unprofessional conduct, his certificate must be revoked by the board granting it; but no such revocation shall be valid without said holder being cited to appear, and the same proceedings be had as is herein before provided in this section in the case of refusal to grant a certificate. Whenever a certificate is revoked, the secretary of the

board revoking the same shall certify the fact, under the seal of the board, to the county clerk of the county in which the person whose certificate has been revoked is at the time of said revocation practicing his profession, and said clerk shall thereupon write on the margin, or across the face of his register of the certificate of such person, the fact of such revocation, signing his name thereto, and shall file in his office said certificate of revocation. Each of said boards may, from time to time, adopt such rules as may be necessary to the orderly conduct of all proceedings taken and had before it. It shall be the duty of the secretary of the respective boards to notify the secretary of all other boards provided for under this act of all applicants to whom licenses may have been refused, together with the reasons of such refusal by such boards.

Sec. 11. Practice of Medicine Defined.-Any person shall be regarded as practicing medicine, within the meaning of this act, who shall profess publicly to be a physician, or who shall habitually prescribe for the sick, or who shall append to his name the letters "M. D."; but nothing herein contained shall be construed to prohibit gratuitous services in cases of emergency. And this act, and the act to which this act is supplemental and amendatory, shall not apply to lawfully commissioned surgeons of the United States army or navy practicing their profession within the limits of this State.

Sec. 12. License Imposed on Certain Persons.-Any itinerant vender who shall sell, or offer for sale, any drug, nostrum, ointment, or appliance of any kind intended for the treatment of disease or injury, or any person who shall, by writing or printing or by any other method, publicly profess to cure or treat disease, injury, or deformity by any medicine, drug, or drugs, nostrum, manipulation, or other expedient, shall pay a license of $100 a month. Such license shall be collected as other licenses are.

Sec. 13. Penalties for Violation.-Any person practicing medicine or surgery in this State without complying with the provisions of this act shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for a period of not less than thirty days nor more than 365 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 identification, 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.

-Deering's General Laws 1897, p. 574.

Sec. 7. Misdemeanor.-Any person practicing medicine or surgery in this State without first having procured a certificate to so practice from one of the boards of examiners appointed by one of the societies mentioned in section 2 (section 2 preceding) of this act shall be deemed guilty of a misdemeanor, and shall be subject to the penalties provided in section 13 (section 13 preceding) of the act to which this act is amendatory and supplemental, but no person who holds a certificate from one of such boards of examiners, or who holds a certificate heretofore granted by the board of examiners heretofore existing by virtue of appointment by the California State medical society of homeopathic practitioners, shall be com

pelled to procure a new certificate. And all powers and privileges of said boards of examiners, under the act to which this act is supplemental and amendatory, are hereby transferred to the boards of examiners created by this act.

Sec. 8. Misdemeanor.-Any person assuming to act as a member of a board of examiners, under this act or under the act to which this act is supplemental and amendatory, or who shall sign, or subscribe, or issue, or cause to be issued, or seal, or cause to be sealed, a certificate authorizing any person to practice medicine or surgery in this State, except the person so acting and doing be appointed by one of the societies mentioned in section 2 (section 2 preceding) of this act, or be authorized so to do by a board of examiners appointed by one of said societies, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $50, or by imprisonment in the county jail for a period of not less than thirty nor more than 365 days, or by both such fine and imprisonment.

Sec. 9. Certain Certificates Made Null.-Should either of the said boards issue a certificate to any person whose application for a certificate has been previously rejected by another of the said boards within one year after the rejection of said application, then in such case the certificate issued as aforesaid to said rejected applicant shall be null and void and of no effect.

Sec. 10. Examination of Applicants to Practice Medicine.—If any person not a graduate or licentiate of medicine has been unable to present himself for examination to any of said boards, as provided in section 1 (section 1 preceding) of this act, then and in such case it shall be lawful for either of said boards, on good cause shown why said person was unable so as to present himself for examination, to examine such person touching his qualifications to practice medicine or surgery, and if said examination shall be satisfactory to the board, it shall thereupon issue its certificate in accordance with the facts, and the lawful holder thereof shall be entitled to all the rights and privileges of graduates or licentiates to whom certificates have been issued under this act and the act to which this act is amendatory and supplementary, but no such examination shall be had after the expiration of sixty days from the time this act shall take effect.

Administrative.-Three boards of examiners consisting of seven members each, appointed annually by each of the State medical societies, medical, eclectic, homeopathic. Executive officer, secretary. Registration of the certificate from a board in a county clerk's office. The usual fee for making a record.

Preliminary.-Established by the rules of the respective boards. Professional.-The candidate for certification must furnish a diploma or license from a legally chartered medical institution in good standing. Licensing. Each board issues a certificate to its applicant that furnishes satisfactory proof of diploma or license. Each board examines the diplomas of its candidates, requires the diploma, an affidavit concerning it and farther testimony as the board deems proper (a letter of recommendation from a regular physician). Fee, if diploma is genuine, $5; if fraudulent, $20.

COLORADO.

Licensing.-A physician may secure a license to practice medicine if he brings before the clerk of a district or a county clerk five responsible persons who make oath by affidavit before the clerk that he has practiced medicine for ten years continuously as a business. The clerk shall state that he knows the affiants to be persons of integrity. An applicant must appear in person before the board at a regular meeting.

Sec. 3547. Board, How Constituted.-That a board is hereby established which shall be known under the name and style of the State board of medical examiners, to be composed of nine practicing physicians, of known ability and integrity who are graduates of medical schools of undoubted respectability, giving each of the three schools of medicine (known as the regular, homeopathic, and eclectic schools) a representation as follows, to wit: Six physicians of the regular, two of the homeopathic, and one of the eclectic school or system of medicine.

Sec. 3548. Appointment of Board; Term of Office.-The governor of this State shall, as soon as practicable after this act shall have become a law, appoint a State board of medical examiners, as provided in section 1 [3547] of this act, and the members first appointed shall be so designated by the governor that the term of office of three shall expire in two years from the date of appointment, the term of office of three shall expire in four years from the date of appointment, and the term of office of three shall expire in six years from the date of appointment. Thereafter the governor shall biennially appoint three members, possessing qualifications as specified in section 1 [3547], to serve for the term of six years, and he shall also fill all vacancies that may occur, as soon as practicable; provided, that in making biennial appointments or filling vacancies the representation of the medical schools in the board shall not be changed from the original basis, as in section 1 [3547] of this act.

Sec. 3549. Organization; Rules.-The board of medical examiners shall, as soon after their appointment as practicable, organize by the election of one of their members as president, one as secretary, and one as treasurer, and adopt such rules as are necessary for their guidance in the performance of the duties assigned them, and also adopt a seal, which shall be affixed to all certificates issued by them to practitioners of medicine.

Sec. 3550. Certificate to Practice Medicine; Examination. That every person practicing medicine, in any of its departments, shall possess the qualifications required by this act. If a graduate in medicine, he shall present his diploma to the State board of medical examiners for verification, or furnish other evidence conclusive of his being a graduate of a legally chartered medical school in good standing. The State board of medical examiners shall issue its certificate to that effect, signed by a majority of the members thereof, and such diploma, or evidence and certificate, shall be conclusive as to the rights of the lawful holder of the same to practice medicine in this State. If not a graduate of a legally chartered medical school in good standing, the person practicing or wishing to practice medicine in this State shall present himself before said board of

medical examiners, and submit himself to such examination as defined in section 7 [3553] of this act; and if the examination be satisfactory to the examiners, the said board of medical examiners shall issue its certificate in accordance with the facts, and the lawful holders of such certificate shall be entitled to all the rights and privileges herein mentioned. All persons who have made the practice of medicine and surgery their profession or business continuously for the period of ten years, and can furnish satisfactory evidence thereof to the State medical examiners, shall receive from said board a license to continue practice in the State of Colorado.

Sec. 3551. Powers and Duties of Boards; Certificates.-The State board of medical examiners, within ninety days after the passage of this act, shall receive, through its president, applications for certificates and examinations. The president of said board of medical examiners shall have the authority to administer oaths and the said board of medical examiners to take testimony in all matters relating to its duties. It shall issue certificates to all who furnish satisfactory proofs of having received diplomas from some legally chartered medical institution in good standing. It shall prepare two forms of certificates, one for persons in possession of diplomas, the other for candidates examined by its members. It shall furnish to the county clerks of the several counties a list of all persons receiving certificates. Certificates shall be signed by a majority of the members of the board of medical examiners granting them.

Sec. 3552. Fees.-There shall be paid to the treasurer of the State board of medical examiners a fee of $5 for each certificate issued to graduates or practitioners of ten years' standing, and no further charge shall be made to the applicant. Candidates for examination shall pay a fee of $10 in advance.

Sec. 3553. Examinations, What Subjects.-All examinations of persons not graduates shall be made directly by the State board of medical examiners. Examinations may be in whole or part in writing, and the subjects of examination shall be as follows: Anatomy, physiology, chemistry, pathology, surgery, obstetrics and practice of medicine (exclusive of materia medica and therapeutics).

Sec. 3554. Records of Certificates; Clerk's Fees.-Every person holding a certificate from the State board of medical examiners should have it recorded in the office of the clerk of the county in which he resides, and the record shall be indorsed thereon. Any person removing to another county to practice shall procure an indorsement to that effect on the certificate from 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 a fee of $1 for making [the] record.

Sec. 3555. County Clerk Keep Register.-The county clerk shall keep in a book provided for the purpose a complete list of the certificates recorded by him. If the certificates be based on a diploma, he shall record the name of the medical institution conferring it and the date when conferred. This register shall be open to public inspection in business hours. Sec. 3556. Revocation of Certificates; Causes.-The State board of medical examiners may refuse certificates to individuals who have been

3-Med. Ex.

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