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California.

Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 163 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 163 of 295)
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the same was procured in the regular course of instruction. In lieu of
such diploma, the applicant may present: (1) a certificate from the col-
lege entrance examination board, or the college examining board of any
state or territory showing that such applicant has successfully passed the
examination of said board; or (2) if such applicant be thirty years or
more of age he may show to the satisfaction of the board of medical
examiners proof of preliminary education equivalent in training power
to the foregoing requirements. After January 1, 1919, every applicant
for a "physician and surgeon certificate" shall in addition to the fore-
going requirements, present to the board satisfactory evidence that before
beginning the study of medicine he has completed a course which in-
cludes at least one year of work, of college grade, in each of the subjects
of physics, chemistry and biology.

Course of instruction.

§ 10. Apj)licants for either form of certificate shall file satisfactory
evidence of having pursued in any legally chartered school or schools,
approved by the board, a course of instruction covering and including
the following minimum requirements:
93



Act 2164, § 10 GHNERAli LAWS. 1474

For a "Physician and Surgeon Certificate."

Group 1. 825 hours.

Anatomy 600 hours

Embryology 75 hours

Histology 150 hours

Group 2. 620 hours.

Elementary chemistry and toxicology 140 hours

Advanced chemistry 180 hours

Physiology 300 hours

Group 3. 700 hours.

Elementary bacteriology 60 hours

Advanced bacteriology' 100 hours

Hygiene 90 hours

Pathology 450 hours

Group 4. 240 hours.

Materia mediea 80 hours

Pharmacology 105 hours

Therapeutics 55 hours

Group 5. 1120 hours.

Dermatology and syphilis 45 hours

General medicine and general diagnosis 700 hours

Genitourinary diseases 45 hours

Nervous and mental diseases 180 hours

Pediatries 150 hours

Group 6. 965 hours.

Laryngology, otology, rhinology 60 hours

Opthalmology 60 hours

Surgery and surgical diagnosis 500 hours

Orthopedic surgery 45 hours

Physical therapy, including electrotherapy, X-ray,

radiography, hj'drotherapy 300 hours

Group 7. 300 hours.

Gynecology 105 hours

Obstetrics 195 hours

Miscellaneous. 30 hours.

Ethics, jurisprudence, etc 30 hours

Total 4,800 hours

Dnigless practitioners.

For a "Drugless Practitioner Certificate."

Group 1. 645 hours.

Anatomy 510 hours

Histology 135 ho^l^s



1475 MEDICINE. Act 2164, § 11

Group 2. 420 hours.

Elementary chemistry and toxicology 120 hours

Physiology 300 hours

Group 3. 375 hours.

Elementary bacteriology 60 hours

Hygiene 4o hours

Pathology 270 hours

Group 4. 420 hours.

Diagnosis 420 hours

Group 5. 260 hours.

Manipulative and mechanical therapy 260 hours

Group 6. 300 hours. ■'• !<; ■

Gjmecology 105 hours

Obstetrics 195 hours

Total 2,400 hours

In the course of study herein outlined the hours required shall be
actual work in the class-room, laboratory, clinic or hospital, and at least
eighty (80) per cent of actual attendance shall be required; provided,
that the hours herein required in any one subject need not exceed
seventy-five (75) per cent of the numlaer specified, but that the total
number of hours in all the subjects of each group shall not be less than
the total number specified for such group.

Additional requirements for physicians,

§ 11. In addition to above requirements, all applicants for "physician
and surgeon certificates" must pass an examination to be given by the
board in the following subjects:

1. Anatomy and histology.

2. Physiology.

3. Bacteriology and pathology.

4. Chemistry and toxicology.

5. Obstetrics and gynecology.

6. Materia medica and therapeutics, pharmacology, including pre-

scription writing.

7. General medicine, including clinical microscopy.

8. Surgery.

9. Hygiene and sanitation.

For drugless piactitioners.

All applicants for "drugless practitioner certificates" must pass an
examination in the following subjects:

1. Anatomy and histology,

2. Physiology,

3. General diagnosis,



Act 2164, § 12 GENERAL LAWS. 1476

4. Pathology and elementary bacteriology,

5. Obstetrics and gynecology,

6. Toxicology and elementary chemistry,

7. Hygiene and sanitation;

provided, that a person who holds a "drugless practitioner certificate,"
and who presents evidence" of having successfully completed the addi-
tional courses required for the "physician and surgeon certificate" as
hereinbefore provided, shall be permitted to take his examination in sub-
jects required for a "physician and surgeon certificate" without being
re-examined in "drugless practitioner" subjects.

Character of examinations. General average. Papers kept on file. Ques-
tions. Form of certificates.

All examinations shall be practical in character and designed to ascer-
tain the applicant's fitness to practice his profession, and shall be con-
ducted in the English language, and at least a portion of the examina-
tion in each of the subjects shall be in writing. There shall be at least
ten questions on each .subject, the answers to which shall be marked on
a scale of zero to one hundred. Each applicant must obtain not less
than a general average of seventy-five per cent, and not less than sixty
per cent in any two subjects; provided, that any applicant shall be
granted a credit of one per cent upon the general average for each year
of actual practice since graduation; provided, further, that any applicant
for "physician and surgeon certificate" obtaining seventy-five (7.5) per
cent each in seven subjects, and any applicant for "drugless practitioner
certificate" obtaining seventy-five per cent each in five subjects shall be
subsequently re-examined in those subjects only in which he failed, and
without additional fee.

The examination papers shall form a part of the records of the board,
and shall be kept on file by the secretary for a period of one year after
each examination. In said examination the applicant shall be known
and designated by number only, and the name attached to the number
shall be kept secret until after the board has finally voted upon the
application. The secretary of the board shall in no instance participate
as an examiner in any examination held by the board- All questions
on any subject in which examination is required under this act shall be
provided by the board of medical examiners upon the morning of the
day upon which examination is given in such subject, and when it shall
be shown that the secretary or any member of the board has in any
manner given information in advance of or during examination to any
applicant it shall be the duty of the governor to remove such person
from the board of medical examiners, or from the ofiice of secretary.

All certificates issued hereunder must state the extent and character of
practice which is permitted thereunder and shall be in such form as shall
be prescribed by the board.

Array and navy surgeons authorized to practice. Fee.

§ 12. Any medical <lirector, medical inspector, passed assistant sur-
geon, or assistant surgeon of the United States navy, honorably dis-



1477 MEDICINE. Act 2164. § 13

charged, or temporarily detached, or placed upon the retired list without
being discharged, from the medical department of the United States
navy, or who by resignation has honorably severed all connection with
the service, and any surgeon of the United States armv. honorably dis-
charged, or temporarily detached or placed upon the retired list without
being discharged from the medical department of the United States
army, or who by resignation has honorably severed all connection with
the service, is hereby authorized to practice medicine and surgery within
the state of California, by filing a sworn copy of his discharge, if he
be discharged, or of the order temporarily detaching him or the order
placing him upon the retired list, with the state board of medical examin-
ers or by proving to the satisfaction of the board that by resignation
he has honorably left the services of either the army or navy, and
paying said board a fee of fifty dollars ($50); provided, however, that
this provision shall not apply to any contract surgeon in the United
States army or navy, and shall not apply to any officer of medical reserve
corps of either said army or navy.

Certifi^cates to applicants licensed to practice. Issued prior to August,
1901. Practitioners in other states. Examination. Fee.
§ 13. Said board must also issue a "physician and surgeon certificate"'
to any applicant, without any examination, autliori/.ing the holder
thereof to practice medicine and surgery in the state of California, upon
payment of a registration fee of fifty dollars ($50), upon the following
terms and conditions and upon satisfactory proof tliereof, viz.: The ap])li-
cant shall produce a certificate entitling him to practice medicine and
surgery, as provided for in said "physician and surgeon certificate," issued
either by the medical examining board, or by any other board or officer
authorized by the law to issue a certificate entitling such applicant to
practice medicine and surgery, either in the District of Columbia, or
in any state or territory of the United States, or if such certificate shall
have been lost, then a copy thereof, with proof satisfactory to the board
of medical examiners of the state of California that the copy is a cor-
rect copy. Said certificate must not have been issued to such applicant
prior to the first day of August, 1901, and the requirements from the
medical college from which such applicant may have graduated, and the
requirements of the board which was legally authorized to issue such
certificate permitting such applicant to practice medicine and surgery
shall not have been, at the time such certificate was issued, in any
degree or particular less than those which were required for the issuance
of a certificate to practice medicine and surgery in the state of California
at the date of .he issuance of such certificate, or which may hereafter
be required by law and which may be in force at the time of the issuance
of any such certificate; and provided, further, that said applicant shall
also furnish from the board which issued said certificate, evidence satis
factory to the board of medical examiners of the slate of California,
showing what the requirements were of the college, or board, isiimng such
certificate, at the date of such issuance. U, afler an examination of



Act 2164, § 13 GENERAL LAWS. 1478

such certificate, and the production on the part of the applicant of such
further reasonable evidence of the said requirements as may be deemed
necessary by the board of medical examiners of the state of California,
and any other or further examination or investigation which said board
may see fit to make, on its own part, it shall be found that the require-
ments of the board issuing such certificate were, when said certificate
was issued, in any degree or particular less than the requirements pro-
vided by the laws of the state of California, at the date of the issuance
of such certificate, he will not be entitled to practice within the state
of California without an examination. Any person may file an applica-
tion with the said board to practice medicine and surgery within the
state of California, in the event that such applicant has been duly
licensed prior to August 1, 1901, and has practiced medicine and surgery
in another state or territory, or in the District of Columbia, for a period
of time commencing prior to the first day of August, 1901. Such appli-
cation shall be verified and shall contain a statement showing: (a) the
full name of the applicant; (b) all institutions at which he has studied
and the period of such study, and all institutions from which he has
graduated; (c) a statement of whatever certificate or certificates to
practice medicine and surgery maj' have been issued to him, together
with the date of such certificate and a description of the same, and,
if required by the board, the certificates themselves, or satisfactory
proof of their issuance; (d) a statement of all places in which said
applicant has practiced medicine and surgery; (e) such other general
information as to his past practice, as may be required by the said board.
The said board shall make such independent investigation of the char-
acter, ability and standing of the applicant as it may deem proper and
necessary, and if it shall find after such investigation that said appli-
cant has been a practicing physician and surgeon in any other state
or territory or the District of Columbia, prior to August 1, 1901, and
prior to said last-named date has been duly licensed so to practice, and
that his reputation as such physician and surgeon is good in the com-
munity in which he has so practiced medicine and surgery, they shall
afford him an examination on a day suiting the convenience of the
board not more than six (6) months subsequent to the presentation of
said application. Said examination shall be oral, practical, and clinical
in nature, and full consideration shall be given to the duration and
character of the applicant's practice. If, after such last-mentioned
examination it is determined by a majority vote of the said medical
examiners conducting said examination, that such applicant is so quali-
fied to practice medicine and surgery within the state of California, and
that his reputation and standing in the community in which he has
previously practiced is good, the said applicant shall be entitled to re-
ceive a "physician and surgeon certificate." Each applicant on making
such application shall pay to the secretary of the board, a fee of fifty
dollars ($50), which shall be paid to the treasurer of the board, of
which sum forty dollars ($10) shall be returned to him should he not



1479 MEDICINE. Act 2164, § 14

receive a certificate hereunder. All certificates issued pursuant to this
section shall be marked across the face thereof "reciprocity certificate."

Refusal of certificate for unprofessional conduct. Charges and procedure.
Eevocation of certificate for unprofessional conduct.
§ 14. Said board must refuse a certificate to any applicant guilty of
unprofessional conduct. On the filing with the secretary of a sworn
complaint, charging the applicant with having been guilty of unjirofes-
sional conduct, the secretary must forthwith issue a citation, under the
seal of the board, and make the same returnable at the next regular ses-
sion of said board, occurring at least thirty days next after filing the
complaint. Such citation shall notify the applicant when and where the
charges of said unprofessional conduct will be heard, and that the appli-
cant shall file his written answer, under oath, within twenty days next
after the service on him of said citation, or that default will be taken
against him and his application for a certificate refused. The attend-
ance of witnesses at such hearing may be compelled by subpoenas issued
by the secretary of the board under its seal. Said citation and said sub-
poenas shall be served in accordance with the statutes of this state then
in force as to the service of citations and subpoenas generally', and all
the provisions of the statutes of this state then in force relating to sub-
poenas and to citations are hereby made applicable to the subpoenas and
citations provided for herein. Upon the secretary's certifying to the fact
of refusal of any person to obey a subpoena or citation to the superior
court of the county in which the service was had, said court shall there-
upon proceed to hear said matter in accordance with the statutes of this
state then in force as to contempts for disobedience of process of the
court, and should said court find that the subpoena or citation has been
legally served, and that the party so served has willfully disobeyed the
same, it shall proceed to impose such penalty as provided in cases of con-
tempt of court. In all cases of alleged unprofessional conduct arising
under this act, depositions of witnesses may be taken, the same as in
civil cases, and all the provisions of the statutes of this state then in
force as to the taking of depositions are hereby made applicable to the
taking of depositions under this act. If the applicant shall fail to file
with the secretary of said board his answer, under oath, within twenty
days after service on him of said citation, or within such further time
as "the board may allow, and the charges on their face shall be deemed
sufficient by the board, default shall be entered against him, and liis
application refused. If the charges on their face be deemed sufiicient by
the board, and issue be joined thereon by answer, the board shall proceed
to determine the matter, and to that end shall hear such proper evidence
as mav be adduced before it; and if it appear to the satisfaction of the
board'that the applicant is guilty as charged, no certific-atc shall be issuctl
to him. No certificate shall be refused on the ground of unprofesBional
conduct unless the applicant has been guilty of such conduct witiiin two
years next preceding his application. Whenever any holder of a certin-



Act 2164, § 14 GENERAL LAWS. 1480

cate herein provided for is guilty of unprofessional conduct, as the same
is defined in this act, and the said unprofessional conduct has been
brought to the attention of the board granting said certificate, in the
manner hereinafter provided, or whenever a certificate has been procured
by fraud or misrepresentation, or issued by mistake, or the person hold-
ing such certificate is found to be practicing contrary to the provisions
thereof and of this act, it shall be the duty of said board either to sus-
pend the right of the holder of said certificate to practice for a period
not exceeding one year, or in its discretion to revoke his certificate. In
the event of such suspension, the holder of such certificate shall not be
entitled to practice thereunder during the term of suspension; but, upon
the expiration of the term of said suspension, he shall be reinstated by
the board and shall be entitled to resume his practice, unless it shall be
established to the satisfaction of the board that said person so suspended
from practice, has, during the term of such suspension, practiced in the
state of California, in which event the board shall revoke the certificate
of such person. No such suspension or revocation shall be made unless
such holder is cited to appear and the same proceedings are had as is
hereinbefore provided in this section in case of refusal to issue certifi-
cates. Said secretary in all cases of suspension or revocation shall enter
on his register the fact of such suspension or revocation, as the case may
be, and shall certify the fact of such suspension or revocation under the
seal of the board, to the county clerk of the counties in which the cer-
tificates of the person whose certificate has been revoked is recorded;
and said clerk must thereupon write upon the margin or across the face
of his register of the certificate of such person, the following: "The

holder of this certificate was on the day of suspended for ,"

or, "This certificate was revoked on the day of ," as the case

may be, giving the day, month, and year of such revocation, or length
of suspension, as the case may be, in accordance with said certification
to him by said secretary. The record of such suspension or revocation
so made by said county clerk shall be prima facie evidence of the fact
thereof, and of the regularity of all the proceedings of said board in the
matter of said suspension of revocation. The words "unprofessional con-
duct," as used in this act, are hereby declared to mean:

First — The procuring or aiding or abetting in procuring of a criminal
abortion.

Second — The willfully betraying of a professional secret.

Third — All advertising of medical business which is intended or has a
tendency to deceive the public or impose upon credulous or ignorant per-
sons, and so be harmful or injurious to public morals or safety.

Fourth— All advertising of any medicine or of any means whereby the
monthly periods of women can be regulated or the menses re-established
if suppressed.

Fifth — Conviction of any offense involving moral turpitude, in which
case the record of such conviction shall be conclusive evidence.

Siy-th — Habitual intemperance.



1481 MEDICINE. Act 2164, §§ 15, 16

Seventh — The personation of another licensed practitioner.

Eighth — The use, by the holder of any certificate, in any sign or adver-
tisement in connection with his said practice, or in any advertisement or
announcement of his practice, of any fictitious name, or any name other
than his own.

Ninth — The use, by the holder of a "drugless practitioner certificate,"
of drugs or what are known as medicinal preparations, in or upon any
human being, or the severing or penetrating by the holder of said "drug-
less practitioner certificate" of the tissues of any human being in the
treatment of any disease, injury, deformity, or other physical or mental
condition of such human being, excepting the severing of the umbilical
cord.

Tenth — Advertising, announcing or stating, directly, indirectly, or in
substance, by any sign, card, newspaper advertisement, or other written
or printed sign or advertisement, that the holder of such certificate or
any other person, company, or association by which he is employed or
in whose service he is, will cure or attempt to cure, or will treat, any
venereal disease, or will cure or attempt to cure or treat any person or
persons for any sexual disease, for lost manhood, sexual weakness, or
sexual disorder; or being employed by, or being in the service of, any
person, firm, association, or corporation so advertising, announcing, or
stating.

Eleventh — The use by the holder of a "drugless practitioner certifi-
cate" of the letters "M. D.," or the words "doctor of medicine," or the
term "physician and surgeon," or the term "physician," or the term "sur-
geon," in connection w-ith his name or in connection with his practice,
or otherwise, upon any sign, card, advertisement, or announcement, or
otherwise.

Certificates to be recorded.

§ 15. Every person holding a certificate under the laws of this state
authorizing him to practice any system or mode of treating the sick or
afflicted in this state must have i't recorded in the office of tlie county
clerk of the county or counties in which the holder of said certificate is
practicing his profession, and the fact of such recordation shall be in-
dorsed on the certificate bv the county clerk recording the same. Any
person holding a certificate as aforesaid, who shall practice or attenipt
to practice any other svstem or mode of treating the sick or nmictcd in
this state, without having first filed his certificate with the county c erk,
as herein provided, shall be deemed guilty of a misdemeanor and shall be
punished by a fine of not less than twenty-five dollars ($2.)) nor more
than one hundred dollars ($100), or by imprisonment for a period of not
less than thirty days nor more than sixty days, or by both such fine and
imprisonment.

County clerk's record of certificates. . , , , ,u

§ 16. The countv clerk shall keep [inl a 1^""^ provided for the pur-
pose a complete list of the certificates recorded by h.m, with the date



Act 216-1, §§ 17, 18 GENERAL LAWS. 1482

of the record; and said book shall be open to public inspection during
his office hours.

Penalties.

§ 17. Any person who shall practice or attempt to practice, or who
adv'ertises or holds himself out as practicing, any system or mode of
treating the sick or afflicted in this state, or who shall diagnose, treat,
operate for, or prescribe for, any disease, injury, deformity, or other
mental or physical condition of any person, without having at the time
of so doing a valid unrevoked certificate as provided in this act, or who
shall in any sign or in any advertisement use the word "doctor," the
letters or prefix "Dr.," the letters "M. D.," or any other terms or letters
indicating or implying that he is a doctor under the terms of this or any
other act, or that he is entitled to practice hereunder, or under any other
law, without having at the time of so doing a valid unrevoked certificate
as provided in this act shall be guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine of not less than one hundred
dollars ($100) nor more than six hundred dollars ($600), or by imprison-



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 163 of 295)