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

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ing a majority shall constitute a quorum; but questions prepared by the board may
be grouped and edited, or answer papers of candidates may be examined and marked
by committees duly authorized by the board and approved by the Regents.

Sec. 7. ADMISSION TO EXAMINATION. The Regents shall admit to examination any
candidate who pays a fee of $25 and submits evidence, verified by oath, and satis-
factory 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 satis-
factory 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 medical 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, provided that such substitution be specified in the license, and,
as the equivalent of the first year of the fourth requirement, evidence of graduation
from a registered college course, provided that such college course shall have in-
cluded 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 Borne foreign country unless admitted conditionally to the examinations



MEDICAL LAWS OF THE STATE OF NEW YORK. 73Q

as specified above, in which case all qualifications, including the full period of study,
the medical degree and the final examinations in surgery, obstetrics, gynecology,
pathology, including bacteriology, and diagnosis must be met. The degree ol
bachelor or doctor of medicine shall not be conferred in this State before the candi-
date 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
matriculated 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 Regent's medical student certificate; or pass
Regents' examinations securing 60 academic counts, or their full equivalent, before begin-
ning the first annual medical course counted toward the degree, unless admitted
conditionally as hereinafter specified. -\ medical school may matriculate conditionally
a student deficient in not more than one year's academic work of 15 counts of the
preliminary education requirement, provided the name and deficiency of each student
so matriculated be filed at the Regents' office within three months after matricula-
tion, 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 includ-
ing 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. S. QUESTIONS. The board shall submit to the Regents, as required, lists of
suitable questions for thorough examination in anatomy, physiology, hygiene, sanita-
tion, 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 ac-
cordance with the Regents' rules, and shall be exclusively 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 committee, who, without unnecessary delay, shall examine and
mark the answers and transmit to the Regents an o Tidal 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 examination without fee.
If the failure is from illness or other cause satisfactory to the Regents they may
waive the required six months' study.

Sec. 10. LICENSES. On receiving from the State board an official report that an
applicant has successfully passed the examinations and is recommended for license,
the Regents shall issue to him a license to practise according to the qualifications
of the applicant. Every license shall be issued by the University under seal and
shall be signed by each acting medical examiner and by the officer of the University
who approved the credential which admitted the candidate to examination, 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 maintaining standards not lower than those provided by this article and applicants
who matriculated in a New York State medical school before June 5, 1890. and who
received the degree of doctor of medicine from a registered medical school before
August 1. 1895. may without further examination, on payment of $25 to the Regents
and on submitting such evidence as they may require, receive from them an in-
dorsement of their licenses or diplomas conferring all rights and privileges of a
Regents license issued after examination. The Commissioner of Education may in his



740 MEDICAL LAWS OF THE STATE OF NEW YORK.

discretion on the approval of the Board of Regents indorse a license or diploma of a
physician from another State, provided the applicant has met all the preliminary
and professional qualifications required for earning a license on examination in this
State, has been in reputable practice for a period of 10 years, and has reached a
position of conceded eminence and authority in his profession. If any person
whose registration is not legal because of some error, misunderstanding or uninten-
tional omission, shall submit satisfactory proof that he had all requirements pre-
scribed by law at the time of his imperfect registration and was entitled to be
legally registered, he may on unanimous recommendation of the 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 shall be numbered and
recorded in a book kept in the Regents' office, and its number shall be noted in the
license; and a photograph of the license filed with the records. This record shall be
open to public inspection, and in all legal proceedings shall have the same weight
as evidence that is given to a record of conveyance of land.

Sec. 11. REGISTRY; REVOCATION OF LICENSE; ANNULMENT OF REGISTRY. Every license
to practise medicine shall, before the licensee begins practice thereunder, be reg-
istered 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 requirements 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 thereof legally
certified so as to be admissable as evidence, or a duly attested transcript 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: "Reg-
istered as authority to practise medicine 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
affidavit. The licensee shall pay to the county clerk a total fee of $1 for registra-
tion, 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, require 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 claiming 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 prac-
titioner 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 follow-
ing 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 whatso-
ever, 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 pro-
visions 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



MEDICAL LAWS OF THE STATE OF NEW YORK. 74I

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 the 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 practise, 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 registra-
tion 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 cer-
tificate, file the same and forthwith mark said registration '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 pro-
Tided, the Regents may, after the expiration of one year, entertain an application
for a new license, in like manner as original applications for licenses are enter-
tained; 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 registered
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 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
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 pre-
ceded by the words, "Registered also in . . . county," and return the certificate
to the applicant.

Sec. 13. CERTIFICATE PRESUMPTIVE EVIDENCE; UNAUTHORIZED REGISTRATION INfl
LICENSE PROHIBITED. Every unrevoked certificate and indorsement of registry, 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 reg-
ister any authority to practise medicine unless it has been issued or indorsed as a
license by the Regents. No such 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
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
pratise, 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 con-
ferred causa honoris or ad eundem nor if previously conferred shall it be a qualifi-
cation for such practice.

Sec. 14. CONSTRUCTION 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
without salary or professional fees on the resident medical staff of any legally
incorporated hospital; or any legally registered dentist exclusively engaged in prac-
tising dentistry; or any person or manufacturer who mechanically fits or sells lenses,



742 MEDICAL LAWS OF THE STATE OF NEW YORK.

artificial eyes, limbs, or other apparatus or appliances, or is engaged in the mechani-
cal 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 consulta-
tion; 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 assistance in case of emergency; or
the domestic administration of family remedies; or the practice of chiropody; or the
practice of the religious tenets of any church. This article shall be construed to
repeal all acts or parts of acts authorizing conferment of any degree in medicine
causa honoris or ad eundem 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 persoD
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 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 osteopatry, provided application for such license be made within
six months after the passage of this act. A license to pra.tise osteopathy shall not
permit the holder thereof to administer drugs or perform 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 degrees D.O., or
doctor of osteopathy.

Sec. 15. PENALTIES AND THEIR COLLECTION. Any person who, not being then law-
fully authorized to practise medicine within this State and so registered according
to law, shall practise medicine within this State without lawful registration or tn
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 suc-h 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 practise medicine, or shall so practise, and any person
who shall in connection 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 as-
sumed name, or who shall falsely personate another practitioner or former practi-
tioner 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 collected shall be paid to the society making the complaint, and
any excess of the amount of fines so paid over the expense incurred to 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.

Ernest J. lederle, Ph.D President

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

Rhinelander Waldo Commissioner of Police

Eugene W. Scheffer Secretary

MLDICAL ADVISORY BOARD.

T. Mitchell Prudden, M.D., John Winters Brennan, M.D.,

Abraham Jacobi, M.D., L. Emmett Holt, M.D.,

A. Alexander Smith, M.D Francis P. Kinnicutt, M.D.,

Joseph D. Bryant, M.D., Simon Flexner, M.D.,

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

LEGAL DITIES 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 suspi-
cious 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 dis-
ease, 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



Online LibraryMedical Society of the State of New York (1807- )Medical directory of New York, New Jersey and Connecticut (Volume v.13) → online text (page 123 of 135)