Henry Lewis Taylor.

Professional education in the United States online

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second annual medical course counted toward the degree or two years
before the date of the degree for matriculants in any registered medical
school, in the four cases following: 1) for matriculants prior to May 9,
1893, for any 20 counts, allowing 10 for the preliminaries, not including
reading and writing; 2) for matriculants prior to May 13, 1895, for arith-
metic, elementary English, geography, spelling, United States history,
English composition and physics, or any 50 counts, allowing 14 for the
preliminaries; 3) for matriculants prior to Jan. 1, 1896, for any 12
academic counts; 4) for matriculants prior to Jan. 1, 1897, for any 24
academic counts; but all matriculants, after Jan. 1, 1897, must secure 48
academic counts, or their full equivalent, before beginning the first annual
medical course counted toward the degree, unless admitted conditionally,
as hereinbefore specified when the deficiency must be made up before the
student begins the second annual medical course counted toward the
degree.

§ 146 Questions. Each board shall submit to the regents, as required,
lists of suitable questions for thorough examination in anatomy, physi-
ology and hygiene, chemistry, surgery, obstetrics, pathology and diagnosis,
and therapeutics including practice and materia medica. From these lists
the regents shall prepare question papers for all these subjects, which at
any examination shall be the same for all candidates, except that in thera-
peutics, practice and materia medica all the questions submitted to any
candidate shall be chosen from those prepared by the board selected by



MEDICINE IN THE UNITED STATES 655

that candidate, and shall be in harmony with the tenets of that school as
determined by Its state board of medical examiners.

§ 147 Examinations and reports. Examinations for license shall be
given In at least four convenient places in this state and at least four
times annually, in accordance with the regents rules, and shall be exclu-
sively in writing and in English. Bach examination shall be 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 shall
deliver the questions and answer papers to the board selected by each
candidate, or to its duly authorized committee, and such board, without
unnecessary delay, shall examine and marl: the answers and transmit to
the regents an ofScial report, signed by its president and secretary, stating
the standing of each candidate in each branch, his general average and
whether the board recommends that a license be granted. Such report
shall include the questions and answers and shall be filed in the public
records of the University. If a candidate fails on first examination, he
may after not less than six months' further study, have a second examina-
tion without fee. If the failure Is from illness or other cause satisfac-
tory to the regents they may waive the required six months' study.

§ 148 Licenses. On receiving from a state board an official report that
an applicant has successfully passed the examinations and is recommended
for license, the regents shall issue to him, if in their judgment he is duly
qualified therefor, a license to practise medicine. Every license shall be
issued by the University under seal and shall be signed by each acting
medical examiner of the board selected and by the officer of the University
who approved the credential which admitted the candidate to examina-
tion, and shall state that the licensee has given satisfactory evidence
of fitness as to age, character, preliminary and medical education and
all other matters required by law, and that after full examination he has
been found properly qualified to practise. Applicants examined and
licensed by other state examining boards registered by the regents as main-
taining standards not lower than those provided by this article, and ap-
plicants who matriculated in a New Tork state medical school before June
5, 1890, and who receive the degree M. D., from a registered medical
school before Aug. 1, 1895, may without further examination, on pay-
ment of $10 to the regents and on submitting such evidence as they may
require, receive from them an indorsement of their licenses or diplomas
conferring all rights and privileges of a regents license issued after ex-
amination. If any person whose registration is not legal because of some
error, misunderstanding or unintentional omission, shall submit satisfac-
tory proof that he had all requirements prescribed by law at the time
of his imperfect registration and was entitled to be legally registered,
he may on unanimous recommendation of a state board of medical ex-
aminers receive from the regents under seal a certificate of the facts
which may be registered by any county clerk and shall make valid the
previous imperfect registration. Before any license is issued it shall be



656 UNIVERSITY OF THE STATE OF NEW YORK

numbered and recorded in a book kept in the regents office, and its number
shall be noted In the license. This record shall be open to public inspec-
tion, and in all legal proceedings shall have the same weight as evidence
that is given to a record of conveyance of land.

§ 149 Registry. Every license to practise medicine shall, before the
licensee begins practice thereunder, be registered in a book kept in the
clerk's office of the county where such practice is to be carried on, with
name, residence, place and date of birth, and source, number and date
of his license to practise. Before registering, each licensee shall file, to be
kept in a bound volume in the county clerk's office an affidavit of the
.above facts, and also that he is the person named in such license, and
had, before receiving the same, complied with all requisites as to at-
tendance, 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, misrepresentations 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 thereof
legally certified so as to be admissible as evidence, or a duly attested trans-
cript of the record of its conferment shall before registering be exhibited to
the county clerk, who, only in case it was Issued or indorsed as a license
under seal by the regents, shall indorse or stamp on it the date and his
name preceded by the words: " Kegistered as authority to practise medi-
cine in the clerk's office of county." The clerk shall thereupon

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 affi-
davit. The licensee shall pay to the county clerk a total fee of $1 for
registration, affidavit and certificate.

§ 150 ^Registry in another county. A practising physician having regis-
tered a lawful authority to practise medicine in one county, and remov-
ing such practice or part thereof to another county, or regularly engaging
in practice or opening an office in another county, shall show or send
by registered mail to the clerk of such other county, his certificate of
registration. If such certificate clearly shows that the original registra-
tion was of an authority issued under seal by the regents, or if the cer-
tificate itself is indorsed by the regents as entitled to registration, the
clerk shall thereupon register the applicant in the latter county, on re-
ceipt of a fee of 25 cents, and shall stamp or indorse on such certificate,

the date and his name preceded by the words, " Registered also in

county," and return the certificate to the applicant.

§ 151 Certificate presumptive evidence; unauthorized registration and
license prohibited. Every unrevoked certificate and indorsement of regis-
try, made as provided In this article, shall be presumptive evidence in all
courts and places, that the person named therein is legally registered.
Hereafter no person shall register any authority to practise medicine un-
less it has been issued or indorsed as a license by the regents. No such



MBDIOINB IN THE UNITED STATES 657

registration shall be 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 at-
tendance at the lectures, instruction and examination of the school con-
ferring the same, or not possessed at the time of Its conferment, of the
requirements then demanded of medical students in this state as a con-
dition of their being licensed so to practise, and no registration not in
accordance with this article shall be lawful authority to practise medi-
cine, 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
such practice.

§ 152 Ooustruction of this article. This article shall not be construed
to 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 practis-
ing dentistry; or any manufacturer of artifical eyes, limbs or orthopedic
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 ex-
tends 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. This article shall be
construed to repeal all acts or parts of acts authorizing conferment of
any degree in medicine, causa honoris or ad eundum, or otherwise than on
students duly graduated after satisfactory completion of a preliminary
and medical course not less than that required by this article, as a con-
dition of license.

§ 153 Penalties and their collection. Any person who, not being then
lawfully authorized to practise medicine within this state and so regis-
tered according to law, shall practise medicine within this state without
lawful registration or in violation of any provision of this article; and
any person who shall buy, sell, or fraudulently obtain any medical diploma,
license, record, or registration, or who shall aid or abet such buying, sell-
ing or fraudulently obtaining, or who shall practise medicine under cover
of any medical diploma, license, record, or registration illegally obtained,
or signed, or issued unlawfully or under fraudulent representations or
mistake of fact In a material regard, or who, after conviction of a felony,
shall attempt to practise medicine, or shall so practise, and any person
who shall append the letters M. D. to his or her name, or shall assume
or advertise the title of doctor (or any title which shall show or tend to
show that the person assuming or advertising the same Is a practitioner
of any of the branches of medicine), In such a manner as to convey the



658 UNIVERSITY OP THE STATE OF NEW YORK

impression that he or she is a legal practitioner of medicine, or of any of
its branches without having legally received the medical degree, or without
having received a license which constituted at the time an authority to
practise medicine under the laws of this state then in force, shall be guilty ,
of a misdemeanor, and on conviction thereof shall be punished by a fine
of not more than $250, or imprisonment for six months for the first offense,
and on conviction of any subsequent offense, by a fine of not more than
$500 or imprisonment for not less than one year, or by both fine and
imprisonment. Any person who shall practise medicine under a false or
assumed name, or who shall falsely personate another practitioner of a
like or different name, shall be guilty of a felony. When any prosecu-
tion under this article is made on the complaint of any incorporated medi-
cal society of the state, or any county medical society of such county en-
titled to representation in a state society, the fines when collected shall
be paid to the society making the complaint, and any excess of the amount
of fines so paid over the expense incurred by the said society in enforc-
ing the medical laws of this state, shall be paid at the end of the year to
the county treasurer.

ITOIITH oakolhsta

Southern division V. S. Area 52,250 sq. m. Pop. 1,617,947 (1,800,000).
Legisl. biennial; next session Jan. 1901. Cap. Raleigh. 99-99.

Code 1883, 2:329

§ 3121 Medical society of the state a body politic. The association
of regularly graduated physicians, calling themselves the state medical
society, is hereby declared to be a body politic and corporate, to be known
and distinguished by the name of the medical society of the state of North
Carolina.

§ 3122 Who may practise. No person shall practise medicine or
surgery, nor any of the branches thereof, nor in any case prescribe for
the cure of diseases for fee or reward, unless he shall have been first
licensed so to do in the manner hereinafter provided. [As amended 1885,
ch. 117, § 1]

§ 3123 Board of physicians to consist of seven. In order to the proper
regulation of the practice of medicine and surgery, there shall be estab-
lished a board of regularly graduated physicians, to be known by the title
of the board of medical examiners of the state of North Carolina, which
shall consist of seven regularly graduated physicians.

§ 3124 Duty of board. It shall be the duty of the said board to ex-
amine all applicants who shall exhibit a diploma, or furnish satisfactory
proof of graduation, from a medical college in good standing requiring
an attendance of not less than three years and supplying such facilities
for clinical instruction as shall meet the approval of the said board, for
license to practise medicine or surgery, or any of the branches thereof,
on the following branches of medical science: anatomy, physiology,
surgery, pathology, medical hygiene, chemistry, pharmacy, materia medica.



MEDICINE IN THE UNITED STATES 659

therapeutics, obstetrics and the practice of medicine, and if on such ex-
amination they be found competent, to grant to each applicant a license
or diploma, authorizing him to practise medicine and surgery, or any of
the branches thereof: provided, five members of the board shall constitute
a quorum and four of those present shall be agreed as to the qualifications
of the applicant: provided, that the requirement of three years' attend-
ance shall not apply to those graduating prior to January 1, 1900. Pro-
vided further, that license or other satisfactory evidence of standing as
a legal practitioner in another state shall be accepted in lieu of a diploma
and entitle to examination. [As amended 1899, ch. 93, § l]o

§ 3125 Temporary license. To prevent delay and inconvenience, two
members of the board of medical examiners may grant a temporary
license to any applicant vyho shall comply with the requirements as to
graduation prescribed in § 3124 as amended, and make report thereof to
the next regular meeting of the board: provided, such temporary license
shall not continue in force longer than the next regular meeting of the
board, and such temporary license shall in no case be granted after the
applicant has been refused a license by the board of medical examiners.
[As amended 1889, ch. 181, § 3; 1899, ch. 93, § 2] a

§ 3126 How appointed. The medical society shall have power to ap-
point the board of medical examiners.

§ 3127 Where and when to assemble. The board of medical examiners
shall assemble at the same time and places, when and where the medical
society assembles, which society shall assemble at least once in every
year at such time and place as the said society, at its next preceding
meeting, shall have fixed; and the said board shall remain in session from
day to day until all applicants who may present themselves for examina-
tion within the first five days after its meeting shall have been examined
and disposed of: provided, that the said board may, at its discretion, meet
not more than one week before the said society, but always in the same
place; and that one additional meeting in each year may be held at some
suitable point ifi the state if deemed advisable. [As amended 1899, ch. 93,
§3]o

§ 3128 Officers, etc. The board of medical examiners are authorized
to elect all such officers, and to frame all such by-laws as may be neces-
sary, and in the event of any vacancy by death, resignation or otherwise,
of any member of said board, the board, or a quorum thereof, is em-
powered to fill such vacancy.

§ 3129 Tlie board of examiners to keep a record. The board of ex-
aminers shall keep a regular record of its proceedings in a book kept for
that purpose, which shall always be open for inspection, and shall cause
to be entered on a book kept for the purpose the name of each applicant
for license, and the name of each applicant licensed to practise medicine
and surgery, and the time of granting the same, together with the names

a Amendments of 1899 do not take effect till Jan. 1, 190U.



660 UNIVERSITY OF THE STATE OP NEW YORK

of the members of the board present, and shall publish the names of
those licensed in two of the newspapers published in the city of Raleigh,
within 30 days after the granting of the same.

§ 3130 Licemse. The board shall have power to demand of every ap-
plicant thus licensed the sum of $10 before issuing a license or diploma,
and the sum of $5 for each temporary license, to be paid to the secretary
of the board.

§ 3131 The board; their compensation. The members of the said
board shall each receive as a compensation for their services $4 per day
during the time of their session and in addition thereto their traveling
expenses to and from their places of meeting by the most direct route
from their respective places of residence, to be paid by the secretary of
the board out any moneys in his hands, upon the certificate of the
president of the board of medical examiners.

§ 3132 Practising without license. Any person who shall practise
medicine or surgery without having first applied for and obtained license
from the said board of examiners, shall not be entitled to sue for or re-
cover before any court any medical bill for services rendered in the prac-
tice of medicine or surgery or any of the branches thereof. And any per-
son who shall begin the practice of medicine or surgery in this state for
fee or reward, after the passage of this act, without first having obtained
license from said board of examiners, shall not only not be entitled to
sue for or recover before any court any medical bill for services rendered
in the practice of medicine or surgery, or any of the branches thereof,
but shall also be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than $25 nor more than $100, or imprisoned at the
discretion of the court, for each and every offense: provided, that this
act shall not be construed to apply to women who pursue the avocation
of a midwife: and provided further, that this act shall not apply to any
reputable physician or surgeon resident in a neighboring state coming
into this state for consultation with a registered physician resident therein.
But this proviso shall not apply to physicians resident in a neighboring
state regularly practising in this state; provided, that this section shall
not apply to physicians who have a diploma from a regular medical col-
lege, and were practising medicine and surgery in this state prior to the
seventh day of March, 1885. [As amended 1885, ch. 117, § 2; ch. 261, § 1;
1889, ch. 181, § 1]

§ 3133 May rescind license. The said board shall have the power to
rescind any license granted by them when upon satisfactory proof it
shall appear that any physician thus licensed has been guilty of grossly
immoral conduct.

§ 3134 Secretary. The secretary of the board of medical examiners
shall give bond with good surety to the president of the board, for the
safe keeping and proper payment of all moneys that may come into his
hands. Any person who shall begin the practice of medicine or surgery
in this state after the passage of this act shall personally appear before



MEDICINE IN THE UNITED STATES 661

the clerk of the superior court of the county in which he resides or
practises within 30 days after obtaining a license from the board of medi-
cal examiners of the state, as now provided by law for registration. [As
amended 1889, ch. 181, § 3; 1891, ch. 90, § 1; 1899, cJi. 93, § 4]o

Laws 1889, ch. 181

§ 4 Manner of registering'; certificate thereof. That any person ap-
plying for registration as herein provided shall produce and exhibit be-
fore the clerli of the superior court a license obtained from the board
of medical examiners aforesaid; and upon such exhibit being made as
aforesaid, the clerk shall register the date of registration with the name
and residence of such applicant in a bools to be kept for this purpose in
his oflBce, marked Register of physicians and surgeons, and shall issue
to him a certificate of such registration under the seal of the superior
court of the county upon the form furnished him, as hereinafter provided,
for which the clerk shall be entitled to collect from said applicant a fee
of 25 cents. The person obtaining said certificate shall be entitled to
practise medicine or surgery, or both, in the county where the same was
obtained, and in any other county in this state; but if he shall remove
his residence to another county he shall exhibit said certificate to the
clerk of such other county and be registered, which registration shall be
made by said clerk without fee or charge: provided, that any one having
obtained a temporary license, as provided in § 3125 of the code, shall not
be entitled to register, but may practise during the time such license
shall remain in force. [As amended 1891, cK. 420, § 1; 1899, ch. 93, § 4]a

§ 5 Practising without registration; penalty. That any person who
shall practise or attempt to practise medicine or surgery in this state
without first having registered and obtained the certificate as aforesaid
shall be guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than $25 nor more than $100, or be imprisoned at the dis-
cretion of the court, for each and every offense: provided, this act shall
not apply to women pursuing the avocation of midwife, nor to reputable
physicians or surgeons resident in a neighboring state coming into this
state for consultation with a registered physician of this state.

§ 6 "Violation by clerk of court; penalty. That any clerk of the
superior court who shall register or issue a certificate to any person in
any other manner than that prescribed by this act shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined not less than $200
and shall be removed from office.

§ 7 Form of certificate. That it shall be tUe duty of the medical
society of the state of North Carolina to prescribe a proper form of cer-
tificate required by this act. [As amended 1899, ch. 93, § 4]a

Laws 1891, ch. 323
§ 7 Term of license. The licenses issued uqder this schedule shall
be for 12 months. . .

jx Amendments of 1899 do not take effect till Jan. 1, 1900.



662 UNIVERSITY OF THE STATE OF NEW YORK

§ 20 Iiicense, how obtained; fee. On every . . . medical practi-
tioner . . . $10 in every county In which he carries on his business,
one half to be paid to the state and one half to the county: provided, that
any such . . . medical practitioner . . . who may be authorized
by the laws of this state and the regulations of his profession to practise
in this state . . . may obtain a license from the state treasurer, oper-
ating 12 months from its date, upon the payment of $30, and shall be
exempt from the portion of the above tax due the state.

NORTH DAKOTA

Western division U. S. Area 70,795 sq. m. Pop. 182,719 (238,000).
Legisl. biennial; next session Jan. 1901. Cap. Bismarck. 95-99.



Online LibraryHenry Lewis TaylorProfessional education in the United States → online text (page 73 of 84)