The board must refuse a license to an applicant radically deficient in any essential branch. In case of a failure, the candidate must have the privilege, after the expiration of one year from his rejection, of another examination by the board to which his application was first made (ib., s. 1, 46).
A license, or a certified copy, must be filed with the clerk of the circuit court of the county or city in which the licensee may practise; the number of the book and page containing the recorded copy must be noted in the body of license.
Evidence.—The records have the same weight as evidence that is given to the record of conveyances of land (ib., s. 1, 48).
Exceptions.—The act does not apply to commissioned surgeons of the United States army, navy, or marine hospital service, to physicians or surgeons in actual consultation from other States, nor to persons temporarily practising under the supervision of an actual medical preceptor, nor to a midwife or person who may render gratuitous services in case of emergency (ib., s. 1, 49, 51).
Penalty.—Practising, or attempting to practise, without a license is a misdemeanor punishable with a fine of from $50 to $200 for each offence, with confinement in jail, in default of payment, till fine and costs are paid; a person so practising is debarred from recovering compensation (ib., s. 1, 50).
Fees.—To secretary of board, before examination, $10 (ib., s. 1, 45).
To clerk of court, for registration, $1 (ib., s. 1, 48).
Massachusetts.
In Massachusetts there is no statute upon this subject.
Michigan.
Qualification.—It is unlawful to practise medicine or surgery or any branch except dentistry, without the prescribed qualifications and registration in the office of the county clerk (Laws 1883, c. 167, s. 1).
A person who was practising when the law took effect, and had been practising continuously for at least five years prior thereto in the State, is deemed qualified to practise medicine after registration (ib., s. 2, as amended 1887, c. 268).
A graduate of a legally authorized medical college in the State, or any of the United States, or any other country, is deemed qualified to practise medicine and surgery in all departments after registration. A student or undergraduate is not prohibited from practising with and under the immediate supervision of a person legally qualified to practise medicine and surgery (ib.).
A person qualified registers by filing with the county clerk of the county where he practises, or intends to practise, a sworn statement setting forth, if actually engaged in practice, the length of time he has been engaged in such continuous practice; if a graduate of a medical college, the name and location of the same, when he graduated and how long he attended the same, and the school of medicine to which he belongs; if a student or undergraduate, how long he has been engaged in the study of medicine and where, and if he has attended a medical college, its name and location and the length of his attendance, and when, and the name and residence of the physician under whose instruction he is practising, or intends to practise. The statement is to be recorded by the clerk (ib.).
Penalty.—No person practising medicine, surgery, or midwifery can collect pay for professional services unless at the time of rendering such services he was duly qualified and registered (ib., s. 4).
Advertising, or holding out to the public, as authorized to practise medicine or surgery, when not authorized, is a misdemeanor punishable with a fine of from $5 to $50 for each offence (ib., s. 7).
Fees.—To county clerk, for recording statement, 50 cents (ib., s. 2).
Minnesota.
Board of Examiners.—The governor appoints a board of medical examiners of nine members, no one of whom can be a member of a college or university having a medical department, and two of whom must be homœopathic physicians (Act 1887, c. 9, s. 1).
Qualification.—Persons commencing the practice of medicine and surgery in any of its branches must apply to the board for a license, and at the time and place designated by the board, or at a regular meeting, submit to an examination in anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, surgery, obstetrics, diseases of women and children, of the nervous system, of the eye and ear, medical jurisprudence, and such other branches as the board deems advisable, and present evidence of having attended three courses of lectures of at least six months each; the examination must be scientific and practical, but of sufficient severity to test the candidate’s fitness to practise medicine and surgery. When desired, the examination may be conducted in the presence of the dean of any medical school or the president of any medical society of this State. After examination, the board must grant, with the consent of at least seven members, a license to practise medicine and surgery, which may be refused or revoked for unprofessional, dishonorable, or immoral conduct; and in case of refusal or revocation, the applicant may appeal to the governor (ib., s. 3).
The license must be recorded with the clerk of the district court in the county in which the licensee resides; if he moves into another county he must procure a certified copy of his license from the said clerk and file it with the clerk of the district court in the latter county (ib., s. 4).
Penalty.—To practise without a license is a misdemeanor, punishable by a fine of from $50 to $100, or imprisonment in county jail from ten to ninety days, or both. Appending “M.D.” or “M.B.” to name, or prescribing, directing, or recommending for use any drug or medicine or other agency for the treatment, care, or relief of any wound, fracture, or bodily injury, infirmity, or disease, is regarded as practising medicine.
Exceptions.—The act is not applicable to dentists (ib., s. 6), nor to commissioned surgeons of the United States army or navy, nor to physicians or surgeons in actual consultation from other States or Territories, nor to actual medical students practising medicine under the direct supervision of a preceptor (ib., s. 5).
All persons licensed under the Act of 1883, c. 125, are regarded as licensed under this act (ib., s. 7).
Fees.—To treasurer of board, for examination, $10.
Mississippi.
Qualification.—A practitioner of medicine must obtain a license from the State board of health (Code 1892, s. 3,243).
Application is made in writing; and an examination is made in anatomy, chemistry, obstetrics, materia medica, physiology, pathology, surgery, and hygiene, and if the applicant is found by the board to possess sufficient learning in those branches, and of good moral character, the board issues a license to practise medicine, signed by each member who approves (ib., s. 3,244).
The application must state the applicant’s full name, place of residence, and post-office address, nativity and age, time spent in medical studies, name and post-office address of the preceptor under whom his medical studies were pursued, the courses of medical lectures attended, the name of medical schools attended; if a graduate of a medical college, the name thereof; the time spent in a hospital, the time spent in the practice of medicine, if any, the school or system of practice chosen, and references as to his personal character (ib., s. 3,245).
Examinations are to be conducted at the capital on the first Tuesday in April and October annually, and continue until all applicants are examined and the examinations are approved or disapproved; they are upon written questions and answers, and no distinction can be made between applicants because of different systems or schools of practice.
The license must be filed in the office of the clerk of the circuit court of the county in which the licensee resides, within sixty days from the date of its issue; otherwise it becomes void. The clerk must record the same with his certificate of filing and deliver the original to the licensee. When the licensee changes the county of his residence and usual practice, he must file the original or a certified copy of license, or record, in the office of said clerk in the county into which he shall move and practise within sixty days of the time of his removal, to be there recorded (ib., s. 3,249).
The board may issue a duplicate in place of a lost license (ib., s. 3,250).
The secretary of the board may issue a temporary license which shall be valid until the next succeeding meeting of board, such license to show its date of issue, otherwise to be void; it must be recorded as a permanent license is required to be; only one temporary license shall ever be issued to the same person, and it shall always be made to an individual and not to a partnership (ib., s. 3,251).
Physicians practising by virtue of a license under prior laws are not required to obtain a license under this law and may continue in practice under their licenses, but they must comply with the requirements of this law with reference to recording (ib., s. 3,252).
Penalty.—To practise without an examination and a license is punishable with a fine of from $20 to $200, or to imprisonment in the county jail not to exceed thirty days (ib., s. 1,258).
Exceptions.—Females engaged in the practice of midwifery need no license for that employment (ib., s. 3,253).
Non-Residents.—Licensed physicians residing without the State, and whose practice extends into it, may obtain a license without examination by presenting an application in the form prescribed; whereupon the secretary of the board must issue a license in the name of the board and the license must be recorded as hereinbefore provided, in each county in which the licensee shall practise (ib., s. 3,254).
Fees.—To board, before examination, $10.
To secretary, before examination, 25 cents (ib., s. 3,247).
To secretary, for temporary license, 25 cents (ib., s. 3,251).
To secretary, for license to non-resident, 25 cents (ib., s. 3,245).
To the clerk of the court, for recording, his legal fees (ib., s. 3,249).
Missouri.
Qualification.—Every person practising medicine and surgery, in any of their departments, must possess the qualifications required. If a graduate of medicine, he must present his diploma to the State board of health for verification as to its genuineness. If the diploma is found to be genuine, and the person named therein to be the person claiming and presenting the same, the board must issue a certificate which is conclusive of the right to practise. If not a graduate, he must submit to such examination as the board shall require, and if the examination is satisfactory to the examiners the board must issue its certificate in accordance with the facts, and the holder shall be entitled to all the rights and privileges herein mentioned (Rev. Stats., 1889, s. 6,871).
The board must issue certificates to all who furnish satisfactory proof of having received a diploma or license from a legally chartered medical institution in good standing, of whatever school or system of medicine, and shall not make any discrimination against the holders of genuine licenses or diplomas under any school or system of medicine (ib., s. 6,872).
The verification of a diploma consists in the affidavit of the holder and applicant that he is the lawful possessor of the same, and the person therein named; the affidavit may be taken before any person authorized to administer oaths, and shall be attested under the hand and official seal of such officer, if he have a seal. Graduates may present their diplomas and affidavits by letter or proxy (ib., s. 6,873).
All examinations are made directly by the board, and the certificates authorize the possessor to practise medicine and surgery in the State (ib., s. 6,874).
The certificate must be recorded in the office of the county clerk of the county in which the holder resides and the record must be indorsed thereon; a person moving to another county to practise must procure an indorsement to that effect on the certificate from the said clerk, and have the certificate recorded in the office of the clerk of the county to which he removes (Ib., s. 6,875).
Examinations may be made wholly or partly in writing and must be of an elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practitioner (Ib., s. 6,877).
The board may refuse a certificate to an individual guilty of unprofessional or dishonorable conduct, and may revoke a certificate for like causes after giving the accused an opportunity to be heard (Ib., s. 6,878).
Definition, Exception.—A person is regarded as practising medicine who professes publicly to be a physician and to prescribe for the sick, or who appends to his name “M.D.,” but students are not prohibited from prescribing under the supervision of a preceptor, and gratuitous services may be rendered in case of emergency, and the act does not apply to commissioned surgeons of the United States army or navy or marine hospital service (ib., s. 6,879).
Itinerant Venders.—Every itinerant vender of any drug, nostrum, ointment, or appliance intended for the treatment of disease or injury, or who publicly professes to cure or treat disease, injury, or deformity by any drug, nostrum, manipulation, or other expedient, must pay a license fee of $100 per month; the violation of this section is a misdemeanor, punishable with a fine not exceeding $500 or imprisonment in the county jail not to exceed six months, or both (ib., s. 6,880).
Penalty.—The violation of the provisions of this act is a misdemeanor punishable with a fine of from $50 to $500, or imprisonment in the county jail for from thirty to three hundred and sixty-five days, or both, for each offence; filing or attempting to file the certificate of another, or a forged affidavit or identification, is a felony punishable as forgery in the second degree, but the provisions of this article do not apply to persons who had been practising five years in the State prior to 1883 (ib., s. 6,881).
Fees.—To the secretary of the board, for examining a genuine diploma, $1.
If fraudulent or not owned by the possessor, $20 (ib., s. 6,873).
To the clerk, for recording, the usual fees (ib., s. 6,875).
Montana.
Board of Examiners.—The governor, with the advice and consent of the council, appoints seven learned, skilled, and capable physicians who have been residents for not less than two years, no more than two from the same county, to constitute the board of examiners (Act of February 28th, 1889, s. 1).
Meetings of the board for examination are required to be held at the capital and such other central points as the board may select, on the first Tuesday of April and October in each year, and at other times as the board may determine. The board must keep a record of all applicants for a certificate, with their age, time spent in the study of medicine, name, and the location of all institutions granting to applicants degrees or certificates of lectures in medicine or surgery, and whether the applicant was rejected or received a certificate, and the register is prima facie evidence of matters therein recorded (ib., s. 2).
Qualification.—Every person wishing to practise medicine or surgery in any of their departments shall do so only upon complying with the requisites of this act. If a graduate in medicine, he must present his diploma to the board for verification as to its genuineness. If it be found genuine and issued by a medical school legally organized and in good standing, whose teachers are graduates of a legally organized school, which fact the board determines, and if the person presenting and claiming the diploma be the person to whom it was originally granted, the board must issue its certificate, which shall be conclusive of the holder’s right to practise. Any person coming to the State may present his diploma to any member of the board, who may issue a certificate good till the board’s next regular meeting. If not a graduate, the person must present himself to the board for such examination as may be required, unless he shall have been in continuous practice in the State for not less than ten years, of which fact he must present satisfactory evidence in the form of affidavits to the board (ib., s. 3).
All persons entitled to practise under the ten-year provision and all persons commencing the practice of medicine and surgery in any of its branches shall apply to the board for a certificate, and at the time and place designated by the board, or at the regular meeting, be examined in anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, surgery, obstetrics, diseases of women and children, diseases of the nervous system, diseases of the eye and ear, medical jurisprudence, and such other branches as the board may deem advisable, and present evidence of having practised the required term of ten years, or of having attended three courses of lectures of at least four months each; the examination must be both scientific and practical, and of sufficient thoroughness and severity to test the candidate’s fitness to practise medicine and surgery. The examination may be held in the presence of the dean of any medical school or of the president of any medical society of the State. After the examination, the board must grant to a candidate who is found qualified, a certificate to practise medicine and surgery. The board may refuse or revoke a certificate for unprofessional, dishonorable, or immoral conduct, or may refuse a certificate to any one who may publicly profess to cure or treat diseases, injuries, or deformities in such manner as to deceive the public. In cases of refusal or revocation, the aggrieved applicant may appeal to the district court of the county of his application (ib., s. 4).
Certificates must be recorded within sixty days after their date in the office of the county recorder in the county where the holder resides; or in case of removal certificates must be recorded in the county to which the holder removes. The county recorder must indorse on the certificate the date of its record (ib., s. 5).
Exceptions.—The act does not apply to midwives of skill and experience attending cases of confinement, nor to commissioned surgeons of the United States army or navy in the discharge of their official duties, nor to physicians or surgeons in actual consultation from other States and Territories, nor to students practising medicine under the direct supervision of a preceptor, nor to gratuitous services in cases of emergency (ib., s. 6).
Penalty.—Violation of the act is a misdemeanor, punishable with a fine of from $100 to $500, or imprisonment in the county jail from thirty to ninety days, or both.
Definition.—Any person is regarded as practising within the meaning of the act who appends “M.D.” or “M.B.” to his name, for a fee prescribes medicine, operates in surgery, attends in obstetrics, or recommends for the use of any sick person the use of any drug or medicine or other agency of treatment, cure, or relief of any wound, fracture, or bodily injury or disease, as a physician or surgeon (ib., s. 7).
Re-examination.—Any one failing to pass the examination is entitled to a second examination within six months without fee (ib., s. 8).
Fees.—To the treasurer of the board, for examination, $15 (ib., s. 4).
To the secretary of the board, for examination, in advance, $15 (ib., s. 8).
To the county recorder, for recording, the usual fee (ib., s. 5).
To the county attorney, for prosecuting a violation, to be charged as costs, $5 (ib., s. 7).
Nebraska.
Qualification.—It is unlawful for any person to practise medicine, surgery, or obstetrics, or any of their branches, without having obtained and registered a certificate. No person is entitled to a certificate unless he be a graduate of a legally chartered medical school or college in good standing. The qualifications are determined by the State board of health. The act does not prevent physicians residing in other States from visiting patients in consultation with resident physicians who have complied. (Act of 1891, c. 35, s. 7).
A medical school is defined as a medical school or college which requires a previous examination for admission to its courses of study, and which requires for granting the degree of “M.D.” attendance on at least three courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of professors in anatomy, physiology, chemistry, toxicology, pathology, hygiene, materia medica, therapeutics, obstetrics, gynæcology, principle (sic) and practice of medicine and surgery, and clinical instruction in the last two named. But the three-year clause does not apply to degrees granted prior to July, 1891 (ib., s. 8).
A person intending to practise medicine, surgery, or obstetrics must present his diploma to the said board, with his affidavit that he is the lawful possessor of the same and has attended the full course of study required for the degree of “M.D.,” and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and it shall be attested under the hand and official seal of the official, if he have a seal. False swearing is perjury (ib., s. 9).
If investigation of the diploma and affidavit proves the applicant entitled to practise, the board issues its certificate, which must be filed in the office of the county clerk of the county where he resides, or intends to practise (ib., s. 10).
The act gave physicians entitled to practise at the time of its enactment six months in which to comply with its provisions with reference to them (ib., s. 11).
The secretaries of the board may issue certificates, without a vote of the board, when the proof upon which certificates are granted may have been on file in its office for ten days without a vote of the board, when no protest has been filed, and if, in their opinion, the proof complies with the act (ib., s. 12).
When the holder of a certificate removes to another county, he must file and record it in the office of the county clerk in the county to which he removes (ib., s. 13).
The board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and may revoke for like causes provided they give the person an opportunity to be heard (ib., s. 14).
Penalty.—No person is entitled to receive any sum of money for medical, surgical, or obstetrical service unless he shall have complied with the act (ib., s. 15).
Violation of the act is a misdemeanor, punishable with a fine of from $50 to $300 and costs of prosecution, and a person convicted shall stand committed till the fine and costs are paid (ib., s. 16).
Definition, Exceptions.—To operate on, profess to heal, prescribe for, or otherwise treat any physical or mental ailment of another, is to practise medicine under this act. But it does not prohibit gratuitous services in cases of emergency, nor apply to commissioned surgeons in the United States army or navy, nor to nurses in their legal occupation, nor to the administration of ordinary household remedies (ib., s. 17).
Itinerant Vender.—To be an itinerant vender of any drug, nostrum, ointment, or appliance for the treatment of disease or injury, or for such an one to publicly profess to cure or to treat disease or injury or deformity by any drug, nostrum, manipulation, or other expedient, is a misdemeanor punishable with a fine of from $50 to $100, or imprisonment in the county jail from thirty days to three months, or both, for each offence (ib., s. 18).
Fees.—To the secretaries of the board of health, for certificate at time of application, $5.
To the secretaries of the board of health, for taking testimony, same fees as a notary public is allowed for same service (ib., s. 19).
To county clerk, for recording, usual register’s fees for recording (ib., s. 10).
Nevada.
Qualification.—No person can lawfully practise medicine or surgery who has not received a medical education and a diploma from some regularly chartered medical school having a bona fide existence when the diploma was granted (Act of 1875, c. 46, s. 1).
A copy of the diploma must be filed for record with the county recorder of the county in which the person practises, and at the same time the original, or a certificate from the dean of the medical school of which he is a graduate, certifying to his graduation, must be exhibited (ib., s. 2).
The person filing a copy of a diploma or a certificate of graduation must be identified as the person named therein, by the affidavit of two citizens of the county, or his affidavit taken before a notary public or commissioner of deeds for this State, which affidavit must be filed in the office of the county recorder (ib., s. 3).
Penalty.—Practising without complying with this act is a misdemeanor punishable with a fine of from $50 to $500, or imprisonment in the county jail from thirty days to six months, or both, for each offence. Filing a diploma or a certificate of another or a forged affidavit of identification is a felony (ib., s. 4).
Exceptions.—The act does not apply to a person who in an emergency may prescribe or give advice in medicine or surgery in a township where no physician resides, or when no physician or surgeon resides within convenient distance, nor to those who had practised medicine or surgery in the State for ten years next preceding the passage of the act, nor to persons prescribing in their own family (ib., s. 6).
New Jersey.
Board of Examiners.—The State board of medical examiners, appointed by the governor, consists of nine members, persons of recognized professional ability and honor, five of the old school, three of the homœopathic, and one of the eclectic, among whom can be no member of any college or university having a medical department (Act 1890, c. 190, s. 1).
The board must hold meetings for examination at the capital on the second Thursday of January, April, July, and October of each year and at such other times as they deem expedient; they shall keep a register of all applicants for examination, showing the name, age, and last place of residence of each candidate, the time he has spent in medical study in or out of a medical school, the names and locations of all medical schools which have granted the said applicant any degree or certificate of attendance upon lectures in medicine, and whether the applicant has been rejected or licensed, and it shall be prima facie evidence of all matters contained therein (ib., s. 2).
Qualification.—All persons commencing the practice of medicine or surgery in any of its branches must apply to the board for a license. Applicants are divided into three classes:
1. Persons graduated from a legally chartered medical school not less than five years before the application.
2. All other persons graduated from legally chartered medical schools.
3. Medical students taking a regular course of medical instruction.
Applicants of the first class are examined in materia medica, therapeutics, obstetrics, gynæcology, practice of medicine, surgery, and surgical anatomy; those of the second and third classes are examined in anatomy, physiology, chemistry, materia medica, therapeutics, histology, pathology, hygiene, practice of medicine, surgery, obstetrics, gynæcology, diseases of the eye and ear, medical jurisprudence, and such other branches as the board may deem advisable; questions for applicants of the first and second classes are the same in the branches common to both. The board after January 1st, 1892, cannot license applicants of the second or third classes without satisfactory proof that the applicant has studied medicine and surgery three years, is of good moral character, and over twenty-one years of age; applicants of the third class, after they shall have studied medicine and surgery at least two years, can be examined in anatomy, physiology, chemistry, histology, pathology, materia medica, and therapeutics; if the examination is satisfactory to all the members of the board, it may issue a certificate that the applicant has passed a final examination in these branches, and such certificate, if presented by the applicant when he shall make application for a license to practise, shall be accepted by the said board in lieu of examination in those branches. All examinations shall be both scientific and practical, but of sufficient severity to test the candidate’s fitness to practise medicine and surgery (ib., s. 3).
All examinations shall be in writing; the questions and answers, except in materia medica and therapeutics, must be such as can be answered in common by all schools of practice, and if the applicant intends to practise homœopathy or eclecticism, the member or members of the said board of those schools shall examine the said applicant in materia medica and therapeutics; if the examination is satisfactory, the board shall issue a license entitling the applicant to practise medicine. A license shall not be issued unless the applicant passes an examination satisfactory to all members of the board; the examination papers kept on file by the secretary of the board are prima facie evidence of all matters therein contained; on refusal of the board to issue a license for failure on examination, the applicant may appeal to the governor, who may appoint a medical commission of review of three members, one from each school of medicine, who shall examine the examination papers of the applicant and from them determine whether a license should be issued, and their decision shall be final; if the said committee by unanimous vote reverse the determination of the board, the board shall issue a license; the expenses of the appeal are borne by the applicant (ib., s. 4).
The board may, by unanimous vote, refuse or revoke a license for chronic and permanent inebriety, the practice of criminal abortion, conviction of a crime involving moral turpitude, or for publicly advertising special ability to treat or cure disease which, in the opinion of the said board, it is impossible to cure.
In complaints for violating this section, the accused shall be furnished with a copy of the complaint and given a hearing before the said board in person or by attorney (ib., s. 5).
A person receiving a license must file it, or a certified copy thereof, with the clerk of the county in which he resides; and in case of removal into another county he must procure from the said clerk a certified copy of the said license, and file it with the clerk in the county to which he shall remove (ib., s. 6).
Exceptions.—The act does not apply to commissioned surgeons of the United States army, navy, or marine hospital service, or to regularly licensed physicians or surgeons in actual consultation from other States or Territories, or to regularly licensed physicians or surgeons actually called from other States or Territories to attend cases in this State, or to any one while actually serving as a member of the resident medical staff of any legally incorporated hospital or asylum in this State, or to any person claiming the right to practise in this State who has been practising therein since before July 4th, 1890, provided the said right or title was obtained upon a diploma of which the holder and applicant was lawfully possessed and it was issued by a legally chartered medical institution in good standing (ib., s. 7, as amended Act 1892, c. 212).
Definition.—Any person is regarded as practising medicine or surgery who appends “M.D.” or “M.B.” to his name, or prescribes for the use of any person any drug or medicine or other agency for the treatment, cure, or relief of any bodily injury, infirmity, or disease (ib., s. 8).
Penalty.—Commencing the practice of medicine or surgery without a license or contrary to the act is a misdemeanor punishable by a fine of from $50 to $100, or imprisonment in the county jail from ten to ninety days, or both (ib., s. 9).
Fees.—To the treasurer of the board, for examination, for applicant of first and second class, $15.
To the treasurer of the board, for examination, for applicant of third class, $20 (ib., s. 4).
To the county clerk, for registering license, 50 cents (ib., s. 6).
New Hampshire.
In New Hampshire there is no statute on this subject.
New Mexico.
Board of Examiners.—The board of medical examiners is composed of seven practising physicians of known ability and integrity, graduates of some medical school, college, or university duly established under and by virtue of the laws of the country in which it is situated, four allopathic members, three homœopathic members, and one eclectic member (Compiled Laws 1884, s. 2,553).
Qualification.—Applications for certificates and examinations are made to the board through their secretary (ib., s. 2,555).
The board must examine diplomas as to their genuineness; the verification consists in an affidavit of the holder and applicant that he is the lawful possessor of the diploma and the person therein named; the affidavit may be taken before any person authorized to administer oaths, and shall be attested under his hand and official seal if he have a seal. Graduates may present their diplomas and affidavits by letter or by proxy (ib., s. 2,556).
Examinations of persons not graduates or licentiates must be made by the board, and certificates by a majority of the board authorize the possessor to practise medicine and surgery (ib., s. 2,557).
The certificate must be recorded in the county clerk’s office in every county in which the holder practises or attempts to practise medicine or surgery (ib., s. 2,558).
When a certificate is filed, the clerk must record it and attach his certificate thereto, showing the date of filing and recording and the number of the book and the page of the record (ib., s. 2,559).
Examinations of persons not graduates must be made by the board and may be wholly or partly in writing, in anatomy, physiology, chemistry, pathology, surgery, obstetrics, and the practice of medicine (exclusive of materia medica and therapeutics) (ib., s. 2,561).
The board may refuse or revoke a certificate to an individual guilty of unprofessional or dishonorable conduct (ib., s. 2,562).
Definition, Exceptions.—Practising medicine is defined as professing publicly to be a physician and prescribing for the sick or appending to a name the letters “M.D.” The act does not prohibit students from prescribing under the supervision of a preceptor, nor prevent women from practising midwifery, nor prohibit gratuitous services in cases of emergency, nor apply to commissioned surgeons or acting surgeons of the United States army or navy (ib., s. 2,563).
Penalty.—Practising medicine or surgery without complying with the act is punishable with a fine of from $50 to $500 for each offence; and filing a diploma or a certificate of another, or a forged affidavit of identification, is a felony punishable the same as forgery.
Exception.—The provisions of the act do not apply to those who have been practising medicine ten years in the Territory (ib., s. 2,564, Act passed 1882).
Professional Conduct.—The code of ethics of the United States Medical Association is the standard, and the rule of decision, concerning professional conduct (ib., s. 2,565).
Penalty.—Persons unlawfully collecting or receiving fees or compensation for services as physicians or surgeons in violation of this act, are liable to the party paying it for double the amount thereof (ib., s. 2,568).
Fees.—To the secretary of the board, from each graduate or licentiate if the diploma is genuine, $5.
To the secretary of the board, from each graduate or licentiate if the diploma is fraudulent or not owned by the possessor, $20 (ib., s. 2,556).
To clerk of the county, for filing and recording certificate, the usual fees (ib., s. 2,559).
To the secretary of the board, for examination, in advance, $10 (ib., s. 2,561).
New York.
Prohibition.—No person can lawfully practise medicine unless registered and legally authorized prior to September 1st, 1891, or unless licensed by the regents of the University of the State of New York and registered as required by the present law; nor can any person lawfully practise medicine who has ever been convicted of a felony by any court, or whose authority to practise is suspended or revoked by the regents on the recommendation of a State board (Laws of 1893, c. 661, s. 140).
Boards of Examiners.—There are three separate State boards of medical examiners of seven members each, representing respectively the Medical Society of the State, the Homœopathic Medical Society of the State, and the Eclectic Medical Society of the State.
The regents appoint examiners from lists of nominees furnished by the said societies. Each nominee before his appointment is required to furnish to the regents proof that he has received the degree of doctor of medicine from some registered medical school, and has legally practised medicine in this State for at least five years. If no nominees are legally before them, the regents may appoint from the members in good standing of such societies without restriction (ib., s. 141).
At any meeting of the boards of examiners a majority constitute a quorum, but questions prepared by the boards may be grouped and edited, or answer papers of candidates may be examined and marked, by committees duly authorized by the boards and by the regents (ib., s. 144).
Qualification.—The regents are required to admit to examination any candidate who pays a fee of $25, and submits satisfactory evidence, verified by oath, if required, that he—
(1) Is more than twenty-one years of age; (2) is of good moral character; (3) has the general education required in all cases after August 1st, 1895, preliminary to receiving the degree of bachelor or doctor of medicine in this State; (4) has studied medicine not less than three full years, including three satisfactory courses in three different academic years in a medical school registered as maintaining at the time a satisfactory standard; (5) has either received the degree of bachelor or doctor of medicine from some registered medical school or a diploma or license conferring the full right to practise medicine in some foreign country.
The degree of bachelor or doctor of medicine shall not be conferred in the State before the candidate has filed with the institution conferring it the certificates of the regents that three years before the date of his degree, or before or during his first year of medical studies in the State, he had either graduated from a registered college or satisfactorily completed not less than a three years’ academic course in a registered academy or high school; or had a preliminary education considered and accepted by the regents as fully equivalent; or had passed a regents’ examination in arithmetic, elementary English, geography, spelling, United States history, English composition, and physics. Students who had matriculated in a New York medical school before June 5th, 1890, are exempt from this preliminary education requirement provided that the degree be conferred before August 1st, 1895.
The regents may in their discretion accept as equivalent for any part of the third and fourth requirements evidence of five or more years’ reputable practice of medicine, provided such substitution be specified in the license (ib., s. 145).
Each board is required to submit to the regents as required lists of suitable questions for a thorough examination in anatomy, physiology, and hygiene, chemistry, surgery, obstetrics, pathology and diagnosis and therapeutics, including practice and materia medica. From these lists the regents are required to prepare question papers for all these subjects, which at any examination are required to be the same for all candidates, except that in therapeutics, practice, and materia medica all questions submitted to any candidate shall be chosen from those prepared by the board selected by that candidate, and shall be in harmony with the tenets of that school as determined by its State board of medical examiners (ib., s. 146).
Examinations for a license are required to be given in at least four convenient places in this State at least four times annually in accordance with the regents’ rules, and exclusively in writing and in English. Each examination is conducted by a regents’ examiner who shall not be one of the medical examiners. At the close of each examination the regents’ examiner in charge is required to deliver the question and answer papers to the board selected by each candidate, or its duly authorized committee, and such board, without unnecessary delay, is required to examine and mark the answers and transmit to the regents an official report stating the standing of each candidate in each branch, his general average, and whether the board recommends that a license be granted. Such report must include the questions and answers and is filed in the public records of the university. If the candidate fails on a 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 requirement of six months’ study (ib., s. 147).
On receiving from a State board an official report that the applicant has successfully passed the examinations and is recommended for license, the regents are required to issue to him, if in their judgment he is duly qualified therefor, a license to practise medicine. The contents and execution of the license are regulated in detail by the act.
Applicants examined and licensed by other State examining boards registered by the regents as maintaining standards not lower than those provided by this article, and applicants who matriculated in a New York State medical school before June 5th, 1890, and who shall have received the degree of “M.D.” from a registered medical school before August 1st, 1895, may, without further examination, on the 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 diploma conferring all the rights and privileges of a regents’ license issued after an examination.
If any person whose registration is not legal because of some error, misunderstanding, or unintentional omission shall submit satisfactory proof that he had all the requirements provided by law at the time of his imperfect registration, and was entitled to be legally registered, he may, on the unanimous recommendation of a State board of 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 must be numbered and recorded in a book in the regents’ office, and its number noted in the license. This record in all legal proceedings has the same weight as evidence that is given to a record of conveyances of land (ib., s. 148).
Every license to practise medicine is required, before the licensee begins to practise, to be registered in the county clerk’s office, where such practice is to be carried on, with his name, residence, place and date of birth, and the source, number, and date of his license. Before registering, each licensee is required to file an affidavit of the above facts, and that he is the person named in the license, and had, before receiving the same, complied with all the requisites as to attendance, terms, and amount of study and examinations required by law and the rules of the university as preliminary to the conferment thereof; that 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 any one or occurred in order that such license should be conferred.
Every license, or if lost a copy, legally certified so as to be admitted as evidence, or a duly attested transcript of the record of its conferment, shall before registration 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 practise medicine in the clerk’s office,—— County.” The clerk is required thereupon to give to every physician so registered a transcript of the entries in the register with a certificate under seal that he has filed the prescribed affidavit (ib., s. 149).
A practising physician having registered a lawful authority to practise medicine in one county and removing such practice, or a part thereof, to another county, or regularly engaged in practice or opening an office in another county, must 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 is required thereupon to register the applicant in the latter county, and to 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 (ib., s. 150).
Every unrevoked certificate and indorsement of registration is presumptive evidence that the person named is legally registered. No person can register any authority to practise medicine unless issued or indorsed as a license by the regents. No such registration is valid unless the authority registered constituted at the time of registration a license under the laws of the State then in force. No diploma or license conferred on a person not actually in attendance at the lectures, institution, and examinations of the school conferring the same, or not possessed, at the time of its conferment, of the requirements then demanded of medical students in this State as a condition of their being licensed, and no registration not in accordance with this article, shall be lawful authority to practise, nor shall the degree of doctor of medicine be conferred causa honoris or ad eundum, nor if previously conferred shall it be a qualification for practice (ib., s. 151).
Exceptions.—The law does not affect commissioned medical officers serving in the United States army, navy, or marine hospital service while so commissioned; or any one while actually serving on the resident medical staff of any legally incorporated hospital; or any legally registered dentist exclusively engaged in the practice of dentistry; or any manufacturer of artificial eyes, limbs, or orthopædic instruments or trusses in fitting such instruments on persons in need thereof; or any lawfully qualified physician in other States or countries meeting legally registered physicians in this State in consultation; or any physician residing on a border of a neighboring State and duly authorized under the laws thereof to practise 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 physician duly registered in one county called to attend isolated cases in another county, but not residing or habitually practising therein (ib., s. 152).
Penalty.—A person practising without lawful registration or in violation of this article forfeits to the county $50, for each violation and for every day of unlawful practice. To practise under a false or assumed name or falsely personate another practitioner of like or different name is a felony. The violation of the other provisions of the act, or buying, selling, or fraudulently obtaining a medical diploma, license, record, or registration, or aiding or abetting such buying, selling, or fraudulently obtaining, or practising medicine under cover of a diploma or license illegally obtained, or signed and issued unlawfully or under fraudulent representation or misstatement of fact in a material regard, or after conviction of a felony attempting to practise medicine, or appending “M.D.” to the name or assuming to advertise the title of doctor in such manner as to convey the impression that one is a legal practitioner of medicine or any of its branches without having legally received the medical degree, is a misdemeanor punishable with a fine of not less than $250, or imprisonment for six months for the first offence, and for subsequent offences with a fine of not less than $500 or imprisonment for not less than one year, or both fine and imprisonment (ib., s. 159).
Definitions.—As used in the article, university means the University of the State of New York. Medical school means any medical school, college, or department of a university registered by the regents as maintaining a proper medical standard and as legally incorporated. Medicine means medicine and surgery; physician means physician and surgeon (ib., definitions).
Fees.—To regents, for examination, $25 (ib., s. 145).
To regents, for license without examination under sec. 148, $10 (ib., s. 148).
To county clerk, for registering affidavit and certificate, $1 (ib., s. 149).
To county clerk, for registration in an additional county, 25 cents (ib., s. 150).
North Carolina.
Qualification.—No person can lawfully practise medicine or surgery, or any of the branches thereof, nor in any case prescribe for the cure of disease for a fee or reward unless he shall have been first licensed (Code 1883, s. 3,122, as amended Act of 1885, c. 117, s. 1).
The board of medical examiners of the State consists of regularly graduated physicians appointed by the medical society of the State (ib., s. 3,123, 3,126).
The board must examine all applicants for a license to practise medicine or surgery, or any of the branches thereof, on anatomy, physiology, surgery, pathology, medical hygiene, chemistry, pharmacy, materia medica, therapeutics, obstetrics, and the practice of medicine, and grant to a competent applicant a license or diploma authorizing him to practise medicine and surgery or any of the branches thereof (ib., s. 3,124).
Where he has not been refused a license by the board, two members of the board may grant a temporary license to any applicant to continue in force no longer than the next regular meeting of the board (ib., s. 3,125, as amended Act of 1889, c. 181, s. 3).
The board of examiners must assemble when and where the medical society assembles, which society must assemble at least once a year; the board must remain in session from day to day till all applicants during the first five days after its meeting have been examined and disposed of (ib., s. 3,127).
Penalty, Exceptions.—A person practising without obtaining a license from the board shall not be entitled to sue for or recover any medical bill for services; and a person who has begun the practice of medicine or surgery in the State for a fee or reward since February 23d, 1885, without first obtaining such a license, shall in addition be guilty of a misdemeanor and punishable with a fine of from $25 to $100, or imprisonment at the discretion of the court for each offence; but the act does not apply to women pursuing the avocation of midwife, nor to any reputable physician or surgeon residing in a neighboring State, coming into this State for consultation with a registered physician resident therein, except a physician residing in a neighboring State regularly practising in this State, nor does it apply to physicians who have a diploma from a regular medical college prior to January 1st, 1880 (ib., s. 3,132, as amended Act of 1885, c. 117, s. 2; Act of 1885, c. 261, s. 1; Act of 1889, c. 181, s. 1).
The board may rescind a license upon satisfactory proof that a licensee has been guilty of grossly immoral conduct (ib., s. 3,133).
Qualification.—Every person practising medicine or surgery in the State was required before January 1st, 1892, to appear personally before the clerk of the superior court of the county where he resided or practised, for registration, and all persons beginning to practise are likewise to appear and register within thirty days after obtaining a license (Act of 1889, c. 181, s. 3, as amended Act of 1891, c. 90).
Any person applying for registration must produce and exhibit before the clerk a license from the board of medical examiners, or make oath that he was practising medicine or surgery in this State prior to March 7th, 1885, and thereupon the clerk shall register the date, with the name and residence of the applicant, and shall issue a certificate of registration. The certificate entitles the recipient to practise in any county in the State, but if he removes his residence to another county he must exhibit his certificate to the clerk of such county and be registered. Persons having a temporary license are not entitled to register but may practise so long as the license is in force (Act of 1889, c. 181, s. 4, as amended Act of 1891, c. 420).
Penalty, Exceptions.—To practise without registration and a certificate is a misdemeanor punishable with a fine of from $25 to $100 or imprisonment for each offence, but this act does not apply to women pursuing the avocation of midwife nor to reputable physicians or surgeons residing in a neighboring State coming into the State for consultation with a registered physician of this State (Act of 1889, c. 181, s. 5).
License Fee.—A license of $10 for each county in which he carries on business is exacted from every (itinerant?) medical practitioner, one-half for the use of the county and one-half for the use of the State; but a State license may be obtained from the State treasurer for $30 good for twelve months, and he is then exempt from the portion of above tax due the State (Act 1891, c. 323).
Fees.—To the secretary of the board, before issuing a license or diploma, $10.
To the secretary of the board, for temporary license, $5 (Code, 3,130).
To clerk of the court, for registration and certificate, 25 cents.
To clerk of the county, for registration on removal, no fee (Act 1889, c. 181, s. 4).
North Dakota.
Board of Examiners.—The governor appoints a State board of examiners of nine members, eight of whom are practising physicians in good standing; no member of any college or university having a medical department shall be appointed. Two members shall be homœopathic physicians and one a lawyer (Act 1890, c. 93, s. 1).
The board must hold meetings for examination at such place or places as it may designate on the first Tuesday of January, April, July, and October of each year, and such other meetings as it may appoint and must keep a record of its proceedings with a register of every applicant for a license with his or her age, the time spent in the study of medicine, and the name and location of all institutions granting to such applicant a degree or a certificate of lectures in medicine or surgery, and whether the applicant was rejected or licensed; and said books and register shall be prima facie evidence of all matters therein recorded (ib., s. 2).
Qualification.—All persons hereafter commencing the practice of medicine, surgery, and obstetrics in any of its branches shall apply to the board for a license, and at the time and place designated by the board, or at its regular meeting, be examined in anatomy, physiology, chemistry, histology, materia medica, therapeutics, preventive medicines, practice of medicine, surgery, obstetrics, diseases of women and children, of the nervous system, of the eye and ear, medical jurisprudence, and such other branches as the board shall deem advisable, and produce evidence of having attended three courses of lectures of at least six months each; the examination must be both practical and scientific, but of sufficient severity to test the candidate’s fitness to practise medicine, surgery, and obstetrics. When desired, the said examination may be conducted in the presence of the dean of any medical school or the president of any medical society of the State. After examination the board must grant a license to practise medicine, surgery, and obstetrics; seven members must consent. The board may revoke or refuse a license for unprofessional, dishonorable, or immoral conduct, chronic or persistent inebriety, the practice of criminal abortion, or for publicly advertising special ability to treat or cure diseases which, in the opinion of the board, it is impossible to cure. In complaints for violating the provisions of this section, the accused shall be furnished with a copy of the complaint, and given a hearing before the board in person or by attorney. Appeal lies from refusal or revocation to the appointing power (ib., s. 3).
The person receiving a license must file it, or a certified copy, with the register of deeds where he resides. On removal into another county he must procure from said register a certified copy of his license and file it with the register of deeds in the county to which he shall remove (ib., s. 4).
Exceptions.—The act does not apply to commissioned surgeons of the United States army or navy, to physicians or surgeons in actual consultation from other States or Territories, or to actual medical students practising medicine under the direct supervision of a preceptor (ib., s. 5).
Penalty.—Practising without a license or contrary to the act is a misdemeanor punishable with a fine of from $50 to $200, or imprisonment in a county jail from ten to sixty days, or both.
Definition.—Any person is regarded as practising who appends the letters “M.D.” or “M.B.” to his name, or who for a fee prescribes, directs, or recommends for the use of any person any drug or medicine or other agency for the treatment, cure, or relief of any wound, fracture or bodily injury, infirmity, or disease (ib., s. 6).
Former Law.—The former law is repealed only so far as it is inconsistent with the foregoing act (ib., s. 7).
The former law prohibited persons from practising medicine in any of its branches unless graduates of a medical college or unless they were shown by examination to be qualified and had been actually engaged in practising for at least ten years (Compiled Laws of Dakota, s. 205).
Fee.—To the treasurer of the board, for examination, $20 (Act 1890, c. 93, s. 3).
Ohio.
Qualification.—No person who is not a graduate of a reputable school of medicine in the United States or a foreign country, or who cannot produce a certificate of qualification from a State or county medical society and is not a person of good moral character, can lawfully practise or attempt to practise medicine in any of its departments or prescribe medicine for reward or compensation; except a person who has been continuously engaged in the practice of medicine for ten years or more. The law allowed persons in continuous practice for five years or more, two years to comply with its provisions. In case a person is a graduate of a school of medicine in any State or foreign country in which any condition or restriction is imposed by law upon the practice of medicine by graduates of medical schools in Ohio, he is subject to the same restrictions or conditions. A person violating this section is not entitled to any compensation for services (Smith & Benedict’s Revised Statutes of 1890, s. 4,403).
Penalty.—Whoever prescribes or practises or attempts to practise medicine in any of its departments, or performs or attempts to perform a surgical operation without having attended two full courses of instruction and graduated at a school of medicine either in this or a foreign country, or who cannot produce a certificate of qualification from a State or county medical society, except a person who has been continuously engaged in the practice of medicine for ten years or more, is punishable with a fine of from $50 to $100 and for a subsequent offence with imprisonment for thirty days. Persons in continuous practice for five years or more were allowed two years to comply with this act (ib., s. 6,992).
Oklahoma.
Qualification.—No person can lawfully practise medicine in any department unless he be a graduate of a medical college, or unless upon examination before a board composed of the superintendent of public health and two other physicians to be selected by the territorial board of health, he be found proficient in the practice of medicine and surgery, and shall be found upon proof to have been actually engaged in the practice of medicine not less than five years. No person shall practise medicine unless he be of good moral character, and is not an habitual drunkard.
A person possessing these qualifications shall, on presentation of his diploma, or proof thereof by affidavit if it be lost or destroyed, and the affidavit of two reputable citizens from the county where he resides that the applicant possesses the qualifications of a physician, as prescribed herein, to the superintendent of public health, receive from him a license, which shall be recorded in the office of the register of deeds in the county where such physician resides.
Offence.—To practise without complying with this law, or to violate any of its provisions, is a misdemeanor.
Definition.—A person is regarded as practising medicine who professes publicly to be a physician and to prescribe for the sick, or who appends to his name M.D.
Exceptions.—The law does not prohibit students from prescribing under the supervision of preceptors, nor prohibit gratuitous services in case of emergency, nor apply to commissioned surgeons in the United States army and navy.
Cancellation of License.—The district court has power on complaint of a member of the territorial board of health, or the county board of health where he resides, to cancel any license issued to a person to practise medicine, where such license was fraudulently obtained, or where the person to whom it was issued has been guilty of violating any provision of this act.
Fee.—To superintendent of board of health, for license, $2 (Comp. Stats., 1893, s. 352).
Oregon.
Qualification.—Every person practising medicine and surgery in any of their departments must possess the qualifications required by the act. If a graduate of medicine he must present his diploma to the board of examiners for verification as to its genuineness. If found genuine and the person named therein be the person claiming and presenting the same, the board issues its certificate, which is conclusive. If not a graduate, he must submit to an examination as the board shall require, and if the examination be satisfactory the board issues its certificate, and the lawful holder is entitled to all the rights and privileges mentioned in the act (Act February 28th, 1889, s. 1).
The governor appoints three persons from among the most competent physicians of the State, residents of the State for seven years and of at least five years’ practical experience in their profession, to be the board of examiners (ib., s. 2).
The board must issue certificates to all who furnish satisfactory proof of having received a diploma or license from a legally chartered medical institution in good standing of whatever school of medicine, and they are not permitted to make discrimination against holders of a general license or diploma under any school or system of medicine in good standing (ib., s. 3, as amended February 21st, 1891).
The verification of a diploma consists in an affidavit of the holder and applicant that he is the person therein named, taken before any person authorized to administer oaths, attested under the hand and official seal of the official, if he have a seal; graduates may present their diplomas and affidavits by letter or proxy. The act allows persons taking advantage of section 13 ninety days after its passage in which to procure a certificate (ib., s. 4, as amended February 21st, 1891).
All examinations of persons not graduates or licentiates must be made directly by the board, and certificates authorize the person named to practise medicine and surgery (ib., s. 5).
The holder of a certificate must have it recorded in the office of the county clerk of the county in which he resides, and the record must be indorsed thereon. On removal to another county to practise he must procure an indorsement to that effect on the certificate from the clerk, and have the certificate recorded in the office of the clerk of the county to which he removes (ib., s. 6).
The examinations may be wholly or partly in writing and must be of an elementary and practical character, but sufficiently strict to test the qualifications of the candidate as a practitioner (ib., s. 8).
The board may refuse a certificate to an individual guilty of unprofessional or dishonorable conduct, and may revoke for like causes, after giving the accused an opportunity to be heard in his defence before the board (ib., s. 9).
Definition, Exceptions.—Any person is regarded as practising medicine who professes publicly to be a physician and to prescribe for the sick, or appends to his name the letters “M.D.;” but the act does not prohibit students from prescribing under the supervision of a preceptor, nor gratuitous services in cases of emergency, nor does it apply to commissioned surgeons of the United States army, navy, and marine hospital service (ib., s. 10).