Medical Society of the State of New York (1807- ).

Medical directory of New York, New Jersey and Connecticut (Volume v.12) online

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any candidate who pays a fee of $25 and submits evidence, verified by oath,
and satisfactory to the Regents, that he

1. is more than 21 years of age

2. is of good moral character.

3. Had prior to beginning the second year of medical study the general
education required preliminary to receiving the degree of bachelor or doctor
of medicine in this State.

4. Has studied medicine not less than four school years, including four
satisfactory courses of at least seven months each, in four different calendar
years in a medical school registered as maintaining at the time a standard
satisfactory to the Regents. New York medical schools and New York medi-
cal students shall not be discriminated against by the registration of any
medical school out of the State whose minimum graduation standard is less
than that fixed by statutes for New York medical schools. The Regents may,
in their discretion, accept as the equivalent for any part of the third and
fourth requirement, evidence of five or more years' reputable practice, pro-



77$



MEDICAL LAWS OF THE STATE OF NEW YORK.



vided that such substitution be specified in the license, and, as the equiva-
lent of the first year of the fourth requirement, evidence of graduation from
a registered college course, provided that such college course shall have
included not less than the minimum requirements prescribed by the Regents
for such admission to advanced standing. The Regents may also in their
discretion admit conditionally to the examination in anatomy, physiology,
hygiene, sanitation, and chemistry, applicants 19 years of age certified as
having studied medicine not less than two years, including two satisfactory
courses of at least seven months each, in two different calendar years, in a
medical school registered as maintaining at the time a satisfactory standard,
provided that such applicants meet the second and third requirements.

5. Has either received the degree of bachelor or doctor of medicine from
some registered medical school, or a diploma or license conferring full right
to practise medicine in some foreign country unless admitted conditionally
to the examinations as specified above, in which case all qualifications, in-
cluding the full period of study, the medical degree and the final examina-
tions in surgery, obstetrics, gynecology, pathology, including bacteriology,
and diagnosis must be met. The degree of bachelor or doctor of medicine
shall not be conferred in this State before the candidate has filed with the
institution conferring it the certificate of the Regents that before beginning
the first annual medical course counted toward the degree, unless matricu-
lated conditionally as hereinafter specified, he had either graduated from a
registered college or satisfactorily completed a full course in a registered
academy or high school ; or had a preliminary education considered and
accepted by the Regents as fully equivalent; or held a Regents' medical stu-
dent certificate; or pass Regents' examinations securing 60 academic counts,
or their equivalent, before beginning the first annual medical course counted
toward the degree, unless admitted conditionally as hereinafter specified.
A medical school may matriculate conditionally a student deficient in not
more than one year's academic work of 15 counts of the preliminary educa-
tion requirement, provided the name and deficiency of each student so
matriculated be filed at the Regents' office within three months after
matriculation, and that the deficiency be made up before the student begins
the second annual medical course counted toward the degree.

6. Where the application be for a license to practise osteopathy, the
applicant shall produce evidence that he has studied osteopathy not less
than three years including three satisfactory courses of not less than nine
months each in three different calendar years in a college of osteopathy
maintaining at the time a standard satisfactory to the Regents. After 1910
the applicant for a license to practice under this act shall produce evidence
that he has studied not less than four years including four satisfactory
courses of not less than seven months each in four different calendar years
in a college maintaining at the time a standard satisfactory to the Regents.

Sec. 8. QUESTIONS. The board shall submit to the Regents, as required,
lists of suitable questions for thorough examination in anatomy, physiology,
hygiene, sanitation, chemistry, surgery, obstetrics, gynecology, pathology,
including bacteriology, and diagnosis. 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 the examination may be divided
as provided in section 7.

Sec. 9. EXAMINATIONS AND REPORTS. Examinations for licenses shall be
given in at least four convenient places in this State and at least four
times annually, in accordance with the Regents' rules, a'
clusively in writing and in English. Each 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 or its duly authorized com-
mittee, who, without unnecessary delay, shall examine and mark th° an-
swe;s and transmit to the Regents an official 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 falls on first



MEDICAL LAWS OF THE STATE OF NEW YORK. 777

examination, he may. after not less than si, months' ££***'„»££

=\32S? "*«£; Z'tssz LM. -. —

St Se d c- 10 L.CENSES. On receiving from the State hoard an offic ial report
that an applicant has successfully passed the examinations and s recom^
mended for license, the Regents shall lssue ^^^^ery licSae shall be

£." «p r S'e ed practi ST. .ST.. 10 y..r., .nd h.s re.ched . position
S c^eded V'-r^L.rrL'L'".. ^e^oTmisund^.ndins or

and was entiSed to be legally registered he may °» ^fl™ t he R e-
zioVl^ nf thP State Board of Medical Examiners receive from tne ne
men tf w P r se 1 a certificate of the facts which may be registered by any
g,rts under seal a ceit in cat e _ 01 prev ious imperfect registration.

S«?S?s?lr as r Jam: as
is- 5 EtrAr,^=»T^ sk

birth an ^ s ° urce> ™ . ,, fil t0 be k ept in a bound volume in the county
SS?onSf an aSdaSt of the a°bove fa'cts, and also that he is the person

™L hT&b license and had, before receiving the same, complied with
all requirements a t ''attendance terms and amount of study and examina
Sons SS 1 by law and the rules of the University as preliminary to thet
tions requirea uy money was paid for such license, except the

Segula'Tees S d°by all applies therefor* that no fraud, misrepresentation
or mistakfin any material regard was employed by any one or occurred m
ord£ that such license should be conferred. Every license, or if lost a

^ thereof legally certified so as to be admissable as evidence, or a duly
attested tranSt of the record of its conferment, shall before registering
be exWbitedto'fhe 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^s .™ -ed^by the words: "Revered as^uthorit^ to

?n" upon 111 ^? o ev Jy physician s" registered a transcript of the entries
S the Jegirtlr with a certificate, under seal that he has filed the prescribed



778



MEDICAL LAWS OF THE STATE OF NEW YORK.



affidavit. The licensee shall pay to the county clerk a total fee of $1 for
registration, affidavit and certificate. The Regents shall have power at any
and all times to inquire into the identity of any person claiming to be a
licensed or registered physician and after due service of notice in writing, re-
quire him to make reasonable proof, satisfactory to them, that he Is the
person licensed to practise medicine under the license by virtue of which he
claims the privilege of this act. When the Regents find that a person claim-
ing to be a physician, licensed under this act, is not in fact the person to
whom the license was issued, they shall reduce their findings to writing and
file them in the office of the clerk of the county in which said person resides
or practises medicine. Said certificate shall be prima facie evidence that
the person mentioned therein is falsely impersonating a practitioner or a
former practitioner of a like or different name. The Regents may revoke the,
license of a practitioner of medicine, or annul his registration, or do both,
in any of the following cases:

(a) A practitioner of medicine who is guilty of any fraud or deceit in his
practice, or who is guilty of a crime or misdemeanor, or who is guilty of
any fraud or deceit by which he was admitted to practice; or

(b) Is an habitual drunkard or habitually addicted to the use of morphine,
opium, cocaine, or other drugs having a similar effect; or

(c) Who undertakes or engages in any manner or by any ways or means
whatsoever, to procure or perform any criminal abortion as the same is
defined by section 294 of the penal code; or

(d) Who offers or undertakes by any manner or means to violate any of
the provisions of section 318 of the penal code.

(e) Proceedings for revocation of a license or the annulment of registration
shall be begun by filing a written charge or charges against the accused.
These charges may be preferred by any person or corporation, or the Regents
may on their own motion direct the executive officer of the Board of Regents
to prefer said charges. Said charges shall be filed with the executive officer
of the Board of Regents, and a copy thereof filed with the secretary of the
Board of Medical Examiners. The Board of Medical Examiners, when charges
are preferred, shall designate three of their number as a committee to
hear and determine said charges. A time and place for the hearing of
said charges shall be fixed by said committee as soon as convenient, and
a copy of the charges, together with a notice of the time and place when
they will be heard -and determined, shall be served upon the accused or his
counsel, at least 10 days before the date actually fixed for said hearing.
Where personal service or service upon counsel can not be effected, and such
fact is certified on oath by any person duly authorized to make legal service,
the Regents shall cause to be published for at least seven times, for at
least 20 days prior to the hearing, in two daily papers in the county in which
the physician was last known to practice, a notice to the effect that at a
definite time and place a hearing will be had for the purpose of hearing
charges against the physician upon an application to revoke his license.
At said hearing the accused shall have the right to cross-examine the wit-
nesses against him and to produce witnesses in his defense, and to appear
personally or by counsel. The said committee shall make a written report
of its findings and recommendations, to be signed by all its members, and
the same shall be forthwith transmitted to the executive officer of the
Board of Regents. If the said committee shall unanimously find that said
charges, or any of them, are sustained, and shall unanimously recommend
that the license of the accused be revoked or his registration be annulled,
the Regents may thereupon in their discretion, revoke said license or annul
said registration, or do both. If the Regents shall annul such registration,
they shall forthwith transmit to the clerk of the county or counties in
which said accused is registered as a physician, a certificate under their
seal certifying that such registration has been annulled, and said clerk shall
upon receipt of said certificate, file the same and forthwith mark said regis-
tration "Annulled." Any person who shall practise medicine after his
registration has been marked "Annulled" shall be deemed to have practised
medicine without registration. Where the license of any person has been
revoked, or his registration has been annulled as herein provided, the



MEDICAL LAWS OF THE STATE OF NEW YORK. 779

Regents may, after the expiration of one year, entertain an application for
a new license, in like manner as original applications for licenses are en-
tertained; and upon such new application they may in their discretion,
exempt the applicant from the necessity of undergoing any examination.

Sec. 12. REGISTRY IN ANOTHER COUNTY. A practising physician having reg-
istered a lawful authority to practise medicine in one county, and removing
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 reg-
istered 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 shall thereupon
register the applicant in the latter county, on receipt 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.

Sec. 13. CERTIFICATE PRESUMPTIVE EVIDENCE; UNAUTHORIZED REGISTRATION
AND LICENSE PROHIBITED. Every unrevoked certificate and indorsement of reg-
istry, made as provided in this article, shall be presumptive evidence in all
courts and places, that the person named therein is legally registered. Here-
after no person shall register any authority to practise medicine unless it
has been issued or indorsed as a license by the Regents. No such regis-
tration 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 attendance at the
lectures, instruction and examinations of the school conferring the same, or
not possessed at the time of its conferment of the requirements then de-
manded of medical students in this State as a condition of their being
licensed so to practise, and no registration not in accordance with this
article shall be lawful authority to practise medicine, nor shall the degree
of doctor of medicine be conferred causa honoris or ad eundem nor if pre-
viously conferred shall it be a qualification for such practise.

Sec. 14. CONSTRUCTION OF THIS ARTICLE. This article shall not be con-
strued 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 without salary or professional fees on the resident
medical staff of any legally incorporated hospital; or any legally registered
dentist exclusively engaged in practising dentistry; or any person or manu-
facturer who mechanically fits or sells lenses, artificial eyes, limbs, or other
apparatus or appliances, or is engaged in the mechanical examination of
eyes, for the purpose of constructing or adjusting spectacles, eyeglasses and
lenses; 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 licensed 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; or the furnishing of medical assist-
ance in case of emergency; or the domestic administration of family reme-
dies; or the practice of chiropody; or the practice of the religious tenets of
any church. This article chall be construed to repeal all acts or parts of
acts authorizing conferment of any degree in medicine causa honoris or
ad euniem or otherwise than on students duly graduated after satisfactory
completion of a preliminary medical course not less than that required by
this article as a condition of license. It is further provided that any person
who shall be actively engaged in the practice of osteopathy in the State of
New York on the date of the passage of this act, and who shall present
to the Board of Regents satisfactory eVidence that he is a graduate in good
standing of a regularly conducted school or college of osteopathy within
the United States which at the time of his or her graduation required a
course of study of two years or longer, including the subjects of anatomy,
physiology, pathology, hygiene, chemistry, obstetrics, diagnosis and the



780 MEDICAL LAWS OF THE STATE OF NEW YORK.

theory and practice of osteopathy, with actual attendance of not less than
20 months, which facts shall be shown by his or her diploma and affidavit,
shall upon application and payment of $10 be granted, without examination,
a license to practise osteopathy, provided application for such license be
made within six months after the passage of this act. A license to practise
osteopathy shall not permit the holder thereof to administer drugs or per-
form surgery with the use of instruments. Licenses to practise osteopathy
shall be registered in accordance with the provisions of this act, and the
word osteopath be included in such registration; and such license shall entitle
the holder thereof to the use of the degree D.O., or doctor of osteopathy.

Sec. 15. PENALTIES AND THEIR COLLECTION. Any person who, not being
then lawfully authorized to practise medicine within this State and so reg-
istered 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, selling,
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
practice medicine, or shall so practise, and any person who shall in con-
nection with his name use any designation tending to imply or designate him
as a practitioner of medicine within the meaning of this act without having
registered in accordance therewith, or any person who shall practise medicine
or advertise to practise medicine under a name other than his own, or any
person not a registered physician who shall advertise to practise medicine,
shall be guilty of a misdemeanor. Any person who shall practise medicine
under a false or assumed name, or who shall falsely personate another prac-
titioner or former practitioner of a like or different name, shall be guilty of
a felony. When any prosecution under this act, or under sections 318, 294,
295, 297, 405b of the penal code, and any amendments thereto, Is made on
the complaint of any incorporated medical society of the State, or any county
medical society entitled to representation in a State society, any fines col-
lected 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 enforcing the medical laws of this State, shall be paid at the end of the
year to the county treasurer.

Sec. 16. Article 8 of chapter 661 of the laws of 1893, chapter 398 of the
laws of 1895, chapter 636 of the laws of 1895, chapter 111 of the laws of 1896,
chapter 646 of the laws of 1901, and chapter 243 of the laws of 1902 are hereby
repealed.

Sec. 17. This act shall take effect immediately.



BOARD OF HEALTH OF NEW YORK CITY.

55TH STREET AND SIXTH AVENUE.
Tel. 4900 Columbus.

OFFICERS.

Ernst J. Lederle, Ph.D President

Alvah H. Doty, M.D Health Officer of the Port

W. F. Baker Commissioner of Police

Eugene W. Scheff er Secretary

MEDICAL ADVISORY BOARD.

Edward G. Janeway, M.D., John Winters Brennan, M.D.,

T. Mitchell Prudden, M.D., L. Emmett Holt, M.D.,

Abraham Jacobi, M.D., Francis P. Kinnicutt, M.D.,

A. Alexander Smith, M.D., Simon Flexner, M.D.,

Joseph D. Bryant, M.D. John A. McCorkle, M.D.
William M. Polk, M.D.

LEGAL DUTIES OF PHYSICIANS.

1. All physicians practicing in the City of New York (including those in
public institutions) must be registered with the Department of Health.

2. An attending physician must furnish a certificate of death within thirty-
six hours after the death of the patient, or, if death be due to a contagious
or infectious disease, forthwith.

3. If a person dies from criminal violence, or by a casualty, or suddenly
when in apparent health, or when unattended by a physician, or in prison, or
in any suspicious or unusual manner, the case must be referred to a Coroner.

4. It shall be the duty of every physician to report to the Department of
Health, in writing, the full name, age, and address of every person suffering
from any one of the infectious diseases included in the list appended, with
the name of the disease, within twenty-four hours of the time when the case
is first seen.

A. — Contagious (very readily communicable): Measles, rubella (rotheln),
scarlet fever, small-pox, varicella (chicken-pox), typhus fever, relapsing fever.

B. — Communicable: Diphtheria (croup), typhoid fever, Asiatic cholera,
tuberculosis (of any organ), plague, tetanus, anthrax, glanders, epidemic
cerebro -spinal meningitis, leprosy, infectious diseases of the eye (trachoma,
suppurative conjunctivitis), puerperal septicaemia, erysipelas, whooping cough.

C. — Indirectly communicable (through intermediary host): Yellow fever,
malarial fever.

5. Physicians must report births occurring in their practice within ten days
after the event.

6. Every physician must preserve a duplicate record of every death and
birth so reported.

N.B. — Any violation of the Sanitary Sode is a misdemeanor. (Sec. 1172,
Chap. 466, Laws of 1901.)

RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH RELATING TO

PHYSICIANS.

1. Reports of cases of contagious diseases, of births, of still-births, and of
deaths must be written with black ink, upon blank forms provided by the
Department, which will be furnished upon application, personally or by mail.

2. Certificates of death will be returned for additional information which
give any of the following diseases, without explanation, as the sole cause of
death :

Abortion, Erysipelas, Meningitis, Phlebitis,

Cellulitis, Gangrene, Metritis, Pyaemia,

Childbirth, Gastritis, Miscarriage, Septicaemia,

Convulsions, Haemorrhage, Peritonitis, Tetanus.

(Any one of these may be the result of an injury, and thus be a subject for

investigation by a Coroner. If it is not, the certificate should make that fact

plain.)

3. No certificate will be accepted which gives a mere symptom as the sole



78i



782



BOARD OF HEALTH OF NEW YORK CITY.



cause of death, such as "asphyxia," "debility," "dropsy," "heart failure,"
etc., unless accompanied by a satisfactory written explanation.

4. Certificates containing palpable errors cf names, dates, etc., or which are
illegible, will be returned, and a new certificate required, as no corrections,
erasures, or interlineations will be permitted.

(These certificates are permanent records of great legal importance, and It
is necessary that they should show upon the face that they are original
records, and have not been tampered with.)

N.B. — Physicians are particularly requested to make their reports of the
cause of death as full and accurate as possible. In order that the records of
this office may be of statistical value to the medical profession and the public.

It shall be the duty of every undertaker having notice of the death of any
person within the City of New York of small-pox, diphtheria (croup), scarlet
fever, yellow fever, typhus fever, plague, Asiatic cholera, measles, or any
other infectious disease dangerous to the general health of the community, or
of the bringing of the dead body of any person who has died of any such
disease into such city, to give immediate notice thereof to this Department.



Online LibraryMedical Society of the State of New York (1807- )Medical directory of New York, New Jersey and Connecticut (Volume v.12) → online text (page 122 of 133)