ERS' MANUAL .

Telve thousand five hundredexpenses to be paid out ofaction, the surplus shall be;essary books, scientific ap-y appliances, as the healthpreservation and repair ofthe quarantine establish-

iall keep an account of allI by him tinder this section .the liability of masters or

rs or other persons to payork as they are respectivelye by law .

53 ; L . 1865, ch . 592 ; L. 1888, ch.amended by L. 1896, ch. 465, • 1,

red from • 130 .

health officer shall make anmissioners annually on oring a statement of the gen-tine establishment, the sta-n detail, and such other in-in regard to it as he may;e copy of said report shallsaid health officer with the

45 ; L. 1867, ch . 543, • 12, and L.L. 1900, ch. 268, and renumbered

147 .148.149 .150.151 .

152.153 .

PRACTICE OF MEDICINE .

85,

ARTICLE VIII.

PRACTICE OF MEDICINE .

SECTION 140. Qualifications .141 . State boards of medical examiners .142 . Certificate of appointment ; oath ; powers .143 . Expenses .144 . Officers ; meetings ; quorum ; committees .145 . Admission to examination .146 . Questions.

Examinations and reports .Licenses .Registry .Registry in another county .Certificate presumptive evidence ; unauthorized registra-tion and license prohibited .

Construction of this article .Penalties and their collection.

Definitions.- As used in this articleUniversity means University of the State of New

York.Regents means board of regents of the University of

the State of New York.Board means a board of medical examiners of the

;estate of New York.Medical examiner means a member of a board of

medical examiners of the state of New York.Medical school means any medical school, college, or-

department of a university, registered by the regentssas maintaining a proper medical standard and as legallyincorporated .

Medicine means medicine and surgery .Physician means physician and surgeon .New . L. 1893, ch . 661 .

S6

HEALTH OFFICERS' MANUAL.

• 140. Qualifications .-No person shall practice medi-cine after September first, eighteen hundred and ninety-.one, unless previously registered and legally authorized,or unless licensed by the regents and registered as re-quired by this article ; nor shall any person practicemedicine who has ever been convicted of a felony by anycourt, or whose authority to practice is suspended orrevoked by the regents on recommendation of a stateboard .

Revised from L . 1887, ch . 647, H 1, 6, and L . 1890, ch . 507, • 9.See note under • 153, post .

'• 141. State boards of medical examiners .- There shallcontinue to be three separate state boards of medical ex-aminers of seven members each, each of whom shall holdoffice for three years from August first of the years in

-which appointed. One board shall represent the Medi-,cal Society of the State of New York, one the Homeo-pathic Medical Society of the State of New York and.one the Eclectic Medical Society of the State of NewYork. Each of these three societies shall at each annualmeeting nominate twice the number of examiners to be,appointed in that year on the board representing it .The names of such nominees, shall be annually trans-mitted under seal by the president and secretary priorto May first to the regents, who shall, prior to August:first appoint from such lists the examiners required to:fill any vacancies that will occur from expiration of term,on August first . Any other vacancy, however, occur-ring, shall likewise be filled by the regents for the unex-

PRACTICE o :

pired term . Each nominefurnish to the regents proofgree of doctor of medicinecal school and that he has Ithis state for at least five yE

gally before them from apoint from members in gowithout restriction . The raminer for misconduct, inca

Revised from If. 1889, ch . 529, t

• 142 . Certificate of appoinmedical examiner shall reement from the regents andoffice shall file with the sectional oath of office . Eacthereof, may take the testisall matters within its jurisubject to the regents' apfrules not inconsistent withduties ; but no by-law or rujority vote is required forboard shall be amended,:smaller vote than that requ

Revised from L. 189o, ch . 507,

• 143. Expenses.- Fromarticle, the regents maycurred by its provisions ex(examiners; and any surplu

,RS' MANUAL.

erson shall practice medi-hteen hundred and ninety-;red and legally authorizedvents and registered as reshall any person practiceonvicted of a felony by anyo practice is suspended orecommendation of a state

1, 6, and L . 18go, ch . 507, • 9 .

a examiners .- There shallstate boards of medical ex-.h, each of whom shall holdugust first of the years inl shall represent the Medi-€w York, one the Homeo-e State of New York andciety of the State of Newcieties shall at each annualLumber of examiners to behe board representing it .3, shall be annually trans-sident and secretary priorwho shall, prior to Augustthe examiners required tour from expiration of termvacancy, however, occur-

T the regents for the unex-

PRACTICE OF MEDICINE.

87

pired term . Each nominee before appointment, shallfurnish to the regents proof that he has received the de-gree of doctor of medicine from some registered medi-cal school and that he has legally practised medicine inthis state for at least five years . If no nominees are le-gally before them from a society the regents may ap-point from members in good standing of such society,without restriction . The regents may remove any ex-aminer for misconduct, incapacity or neglect of duty .

Revised from 1 . 1889, ch . 529, tit . 3, • 6, and L. 1890, ch. 507, • 1 .

• 142 . Certificate of appointment ; oath ; powers.- Everymedical examiner shall receive a certificate of appoint-ment from the regents and before beginning his term ofoffice shall file with the secretary of state the constitu-tional oath of office . Each board, or any committeethereof, may take the testimony and proofs concerningall matters within its jurisdiction . Each board may,subject to the regents' approval, make all by-laws andrules not inconsistent with law needed in performing itsduties ; but no by-law or rule by which more than a ma-jority vote is required for any specified action by theboard shall be amended, suspended or repealed by a:smaller vote than that required for action thereunder .

Revised from L. 189o, ch . 507, • 2 .

• 143 . Expenses.-From the fees provided by thisarticle, the regents may pay all proper expenses in-curred by its provisions except compensation to medicalexaminers; and any surplus at the end of any academic

88

HEALTH OFFICERS' MANUAL .

year shall be apportioned among the three boards prorata according to the number of candidates whose an-swer papers have been marked by each.Revised from L. r89o, ch . 507, • 3 .

• 144. Officers ; meetings ; quorum ; committees .- Eachboard shall annually elect from its members a presidentand a secretary for the academic year, and shall hold oneor more meetings each year pursuant to call of the re-gents, who may also call joint meeting* of the threeboards or of their officers . At any meeting a majorityshall constitute a quorum ; but questions prepared bythe boards may be grouped and edited, or answer papersof candidates may be examined and marked by com-mittees duly authorized by the boards and by theregents .

Revised from L . r89o, ch . 507, • 4 .

• 145 . Admission to examination .- The regents shalladmit to examination any candidate who pays a fee oftwenty-five dollars and submits satisfactory evidence,verified by oath, if required, that he

i . Is more than twenty-one years of age ;2 . _ Is of good moral character ;3. Has the general education required preliminary

to receiving the degree of bachelor or doctor of medi-cine in this state ;4. Has studied medicine not less than four full school

years of at least nine months each, including four satis-factory courses of at least six months each, in four differ-

.L RACTICE 0

ent calendar years in a nmaintaining at the time aYork medical schools andshall not be discriminated aany medical school out ~fgraduation standard is lessfor New York medical schtheir discretion, accept as tlthe third and fourth requimore years' reputable practstitution be specified in the 1of the first year of the foulgraduation from a registerthat such college course sthan the minimum requirergents for such admission tregents may also in their dito the examination in anatoiand chemistry, applicants rfled as having studied medyears of at least nine monthfactory courses of at least sipent calendar years, in a mmaintaining at the time a satthat such applicants meet thments .

5. Has either received thefor of medicine from someor a diploma or license conf

ZS' MANUAL .

:)ng the three boards proof candidates whose an-

t by each .3 §

.orum; committees.- Eachn its members a presidentis year, and shall hold one)ursuant to call of the re-nt meetings of the three,t any meeting a majoritypt questions prepared byd edited, or answer papersied and marked by com-the boards and by the

4 §

ion.- The regents shallididate who pays a fee ofsits satisfactory evidence,iat heyears of age ;

cter ;ion required preliminarychelor or doctor of medi-

t less than four full schooleach, including four satis-lonths each, in four differ-

PRACTICE OF MEDICINE .

89

ent calendar years in a medical school registered asmaintaining at the time a satisfactory standard . NewYork medical schools and New York medical studentsshall not be discriminated against by the registration ofany medical school out of the state, whose minimumgraduation standard is less than that fixed by statutesfor New York medical schools . The regents may, intheir discretion, accept as the equivalent for any part ofthe third and fourth requirement, evidence of five ormore years' reputable practice, provided that such sub-stitution be specified in the license, and as the equivalentof the first year of the fourth requirement evidence ofgraduation from a registered college course, providedthat such college course shall have included not lessthan the minimum requirements prescribed by the re-gents for such admission to advanced standing. Theregents may also in their discretion admit conditionallyto the examination in anatomy, physiology and hygiene,and chemistry, applicants nineteen years of age certi-fied as having studied medicine not less than two fullyears of at least nine months each, including two satis-factory courses of at least six months each, in two differ-ent calendar years, in a medical school registered asmaintaining at the time a satisfactory standard, providedthat such applicants meet the second and third require-ments .

5. Has either received the degree of bachelor or doc-tor of medicine from some registered medical school,or a diploma or license conferring full right to practice

HEALTH OFFICERS' MANUAL.

medicine in some foreign country, unless admitted con-ditionally to the examinations as specified above, inwhich case all qualifications, including the full period ofstudy, the medical degree and the final examinations insurgery, obstetrics, pathology and diagnosis and thera-peutics, including practice and materia medica must bemet . The degree of bachelor or doctor of medicineshall not be conferred in this state before the candidatehas filed with the institution conferring it the certificateof the regents that before beginning the first annualmedical course counted toward the degree unless ma-triculated conditionally as hereinafter specified, (threeyears before the date of the degree) he had either gradu-ated from a registered college or satisfactorily completeda full course in a registered academy or high school ; orhad a preliminary education considered and acceptedby the regents as fully equivalent ; or held a regent medi-cal student certificate, granted before this act took-effect ; or had passed regents examinations as hereinafterprovided . A medical school may matriculate condition-ally a student deficient in not more than one year's aca-demic work or twelve counts of the preliminary educa-tion requirement, provided the name and deficiency ofeach student so matriculated be filed at the regents officewithin three months after matriculation, and that thedeficiency be made up before the student begins thesecond annual medical course counted toward the de-gree . Students who had matriculated in a New Yorkmedical school before June five, eighteen hundred and

PRACTICE 0

ninety, and students whoYork medical school beforhundred and ninety-five, asfive, eighteen hundred an(three years study of medic: ;ipreliminary education requ

A medical student certifinotice to the regents of tleither before the student belcal course counted towardbefore the date of the degregistered medical school, i

i. For matriculants priordred and ninety-three, for ;ten for the preliminaries,writing ;,

2 . For matriculants priohundred and ninety-five,English, geography, spelliEnglish composition and 1allowing fourteen for the f

3 . For matriculants priohundred and ninety-six, for4. For matriculants prio

hundred and ninety-seven, fcounts ;

But all matriculants, afterdren and ninety-seven, musscounts, or their full equivale

IS' MANUAL .

itry, unless admitted con-is as specified above, inicluding the full period of. the final examinations inand diagnosis and thera-I materia medica must be>r or doctor of medicinestate before the candidate:onferring it the certificateeginning the first annualrd the degree unless ma-~reinafter specified, (threegree) he had either gradu-or satisfactorily completed-ademy or high school ; orconsidered and accepted

ent ; or held a regent medi-ted before this act tookexaminations as hereinaftermay matriculate condition-more than one year's aca-of the preliminary educa-

he name and deficiency ofbe filed at the regents officeiatriculation, and that there the student begins the,e counted toward the de-itriculated in a New YorkEve, eighteen hundred and

PRACTICE OF MEDICINE. 91

ninety, and students who had matriculated in a NewYork medical school before May thirteenth, eighteenhundred and ninety-five, as having entered before Junefive, eighteen hundred and ninety, on the prescribedthree years study of medicine, shall be exempt from thispreliminary education requirement .

A medical student certificate may be earned withoutnotice to the regents of the conditional matriculationeither before the student begins the second annual medi-cal course counted towards the degree or two years .before the date of the degree for matriculants in anyregistered medical school, in the four cases following :

I . For matriculants prior to May ninth, eighteen hun-dred and ninety-three, for any twenty counts, allowingten for the preliminaries, not including reading andwriting ;,

2. For matriculants prior to May thirteen, eighteenhundred and ninety-five, for arithmetic, elementaryEnglish, geography, spelling, United States history,English composition and physics, or any fifty counts,allowing fourteen for the preliminaries ;

3. For matriculants prior to January first, eighteenhundred and ninety-six, for any twelve academic counts ;

4. For matriculants prior to January first, eighteenhundred and ninety-seven, for any twenty-four academiccounts ;

But all matriculants, after January first, eighteen hun-dren and ninety-seven, must secure forty-eight academiccounts, or their full equivalent, before beginning the first

92

WEALTH OFFICERS' MANUAL .

annual medical course counted toward the degree, un-less admitted conditionally, as hereinbefore specifiedwhen the deficiency must be made up before the studentbegins the second annual medical course counted to-ward the degree .

Revised from L. 2889, ch . 529, tit . 3, H 7, 8 ; L . 1889, ch . 468,•• 1, 2 ; L. i8go, ch . 499, and L. 18go, ch . 507, • 8 . As amended byL. 1895, ch . 636 ; L. 1896, ch. iii ; L. 1902, ch . 646, and L. 1902,ch. 243 .

• 146. Questions .- Each board shall submit to theregents, as required, lists of suitable questions forthorough examinations in anatomy, physiology andhygiene, chemistry, surgery, obstetrics, pathology anddiagnosis, and therapeutics including practice and ma-teria medica . From these lists the regents shall preparequestion papers for all these subjects, which at any ex-amination shall be the same for all candidates, exceptthat the examination may be divided as provided in sec-tion one hundred and forty-five and except that in thera-peutics, practice and materia medica all the questionssubmitted to any candidate shall be chosen from thoseprepared by the board selected by that candidate andshall be in harmony with the tenets of that school asdetermined by its state board of medical examiners .

Revised from L. 189o, ch. 507, • 5 . As amended by L . i9oi, ch .646 .

• 147. Examinations and reports .-Examinations for li-cense shall be given in at least four convenient places inthis state and at least four times annually, in accordance

PRACTICE

with the regents' rules, aning and in English . Eacducted by a regents' exanthe medical examiners . Ption the regents' examinequestions and answer papeach candidate, or to its dusuch board, without unneand mark the answers anyofficial report, signed bystating the standing of ea,his general average and wlthat a license be granted .questions and answers an(records of the university.examination, he may aftefurther study, have a secoIf the failure is from illne,,to the regents they may wstudy.

Revised from L . 18go, ch . 507;

• 148. Licenses.- On recofficial report that an app]the examinations and is rregents shall issue to him, iqualified therefor, a licenselicense shall be issued by tshall be signed by each actboard selected and by the

:S' MANUAL.

I toward the degree, en-is hereinbefore specifiedade up before the studentdical course counted to-

3, • • q, 8 ; L. 1889, ch . 468,ch . 507, • 8. As amended by

L. igoi, ch . 646, and L . 1902,

,rd shall submit to the,f suitable questions fornatomy, physiology and)bstetrics, pathology andcluding practice and ma-the regents shall prepareubjects, which at any ex-:or all candidates, exceptivided as provided in sec-andand except that in theramedica all the questionscall be chosen from those,d by that candidate andtenets of that school as

of medical examiners .As amended by L. 1901, ch .

rts.-Examinations for li-four convenient places in€s annually, in accordance

PRACTICE OF MEDICINE . 93

with the regents' rules, and shall be exclusively in writ-ing and in English . Each examination shall be con-ducted by a regents' examiner who shall not be one ofthe medical examiners . At the close of each examina-tion the regents' examiner in charge shall deliver thequestions and answer papers to the board selected byeach candidate, or to its duly authorized committee, andsuch board, without unnecessary delay, shall examineand mark the answers and transmit to the regents anofficial report, signed by its president and secretary,stating the standing of each candidate in each branch,his general average and whether the board recommendsthat a license be granted . Such report shall include thequestions and answers and shall be filed in the publicrecords of the university . If a candidate fails on firstexamination, 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 satisfactoryto the regents they may waive the required six months'study .Revised from L . 589o, ch. 507, • 6 .

• 148. Licenses .- On receiving from a state board anofficial report that an applicant has successfully passedthe examinations and is recommended for license, theregents shall issue to him, if in their judgment he is dulyqualified therefor, a license to practice medicine . Everylicense shall be issued by the university under seal andshall be signed by each acting medical examiner of theboard selected and by the officer of the university who

94 HEALTH OFFICERS' MANUAL.

approved the credential which admitted the candidateto examination, and shall state that the licensee hasgiven satisfactory evidence of fitness as to age, char-acter, preliminary and medical education and all othermatters required by law, and that after full examinationhe has been found properly qualified to practice . Appli-cants examined and licensed by other state examiningboards registered by the regents as maintaining stand-ards not lower than those provided by this article andapplicants who matriculated in a New York state medi-cal school before June 5, i89o, and who received thedegree M . D., from a registered medical school beforeAugust i, I895, may without further examination, onpayment of ten dollars to the regents and on submittingsuch evidence as they may require, receive from theman indorsement of their licenses or diplomas conferringall rights and privileges of a regents' license issued afterexamination .

If any person, whose registration is not legal becauseof some error, misunderstanding or unintentional omis-sion, shall submit satisfactory proof that he had all re-quirements prescribed by law at the time of his imperfectregistration and was entitled to be legally registered, hemay on unanimous recommendation of a state board ofmedical examiners receive from the regents under seala certificate of the facts which may be registered by anycounty clerk and shall make valid the previous imperfectregistration .

Before any license is issued it shall be numbered and

PRACTICE

recorded in a book kept inumber shall be noted in tbe open to public inspectioshall have the same weigha record of conveyance c,i

Revised from L. 58go, ch. 507

• 149. Registry.- Everyshall, before the licenseebe registered in a book kecounty where such practiname, residence, place annumber and date of his liceistering, each licensee sha:volume in a county clerk'sfacts, and also that he iscense, and had, before nwith all requisites as to alof study and examinationsof the university as prethereof ; that no money vcept the regular fees paithat no fraud, misrepresenterial regard was employeorder that such licenselicense, or if lost a copy thbe admissible as evidence,of the record of its confer :be exhibted to the count,

RS' MANUAL .

:h admitted the candidateate that the licensee has.f fitness as to age, char-il education and all otherthat after full examinationialif ed to practice . Appli-by other state examining,nts as maintaining stand-ovided by this article andn a New York state medi-no, and who , received thered medical school beforet further examination, onregents and on submittingequire, receive from them;es or diplomas conferringegents' license issued after

ration is not legal becauseing or unintentional omis--proof that he had all re-

at the time of his imperfectto be legally registered, hezdation of a state board of)m the regents tinder seali may be registered by anyalid the previous imperfect

1 it shall be numbered and

PRACTICE OF MEDICINE .

recorded in a book kept in the regents' office, and its,number shall be noted in the license . This record shallbe open to public inspection, and in all legal proceedingsshall have the same weight as evidence that is given toa record of conveyance of land .Revised from L. 189o, ch . 507, • 7 .

• 149 . Registry.- Every license to practice medicineshall, before the licensee begins practice thereunder,be registered in a book kept in the clerk's office of thecounty where such practice is to be carried on, withname, residence, place and date of birth, and source,number and date of his license to practice . Before reg-istering, each licensee shall file, to be kept in a boundvolume in a county clerk's office an affidavit of the abovefacts, and also that he is the person named in such li-cense, and had, before receiving the same, compliedwith all requisites as to attendance, terms and amount .of study and examinations required by law and the rulesof the university as preliminary to the conferment .thereof ; that no money was paid for such license, ex-cept the regular fees paid by all applicants therefor ;:that no fraud, misrepresentations or mistake in any ma-terial regard was employed by any one or occurred inorder that such license should be conferred . Everylicense, or if lost a copy thereof legally certified so as tobe admissible as evidence, or a duly attested transcriptof the record of its conferment shall before registering,be exhibted to the county clerk, who, only in case it

955,

96

HEALTH OFFICERS' MANUAL .

was issued or indorsed as a license under seal by the re-gents, shall indorse or stamp on it the date and his namepreceded by the words : " Registered as authority topractice medicine in the clerk's office of . . . . county ."The clerk shall thereupon give to every physician soregistered a transcript of the entries in the register witha certificate under seal that he has filed the prescribedaffidavit . The licensee shall pay to the county clerk atotal fee of one dollar for registration, affidavit andcertificate .

Revised from L. 1887, ch . 647, • 3, and L . 1890, ch . 507, • 9 .

• 150. Registry in another county .- A practicing phy-sician having registered a lawful authority to practicemedicine in one county, and removing such practice orpart thereof to another county, or regularly engaging inpractice or opening an office in another county, shallshow or send by registered mail to the clerk of suchother county, his certificate of registration . If suchcertificate clearly shows that the original registrationwas of an authority issued under seal by the regents,or if the certificate itself is indorsed by the regents asentitled to registration, the clerk shall thereupon regis-ter the applicant in the latter county, on receipt of afee of twenty-five cents, and shall stamp or indorse onsuch certificate, the date and his name preceded by thewords, " Registered also in . . . . county," and returnthe certificate to the applicant .

Revised from L. 1887, ch. 647, • 4 .

PRACTICE

• 151 . Certificate presunregistration and license prohitificate and indorsement cin this article, shall be pressand places, that the persciiistered . Hereafter no per :ity to practice medicineindorsed as a license by thtion shall be valid unlessstituted at the time of reglaws of the state then in fconferred on a person notlectures, instruction and exferring the same, or not pcferment, of the requiremer,students in this state as ocensed so to practice, andance with this article shalltice medicine, nor shall thebe conferred causa honorviously conferred' shall itpractice .

Revised from L . 1887, ch . 647,

• 152. Construction of thisnot be construed to affect cserving in the United Statipital service, while so cornactually serving on the ri

7

ERS' MANUAL .

cense under seal by the re-on it the date and his nameEegistered as authority to:'s office of . . . . county."ive to every physician soentries in the register withhe has filed the prescribedpay to the county clerk aregistration, affidavit and

3, and L. 189o, ch . 507, • 9.

)unty.-A practicing phy-wful authority to practiceremoving such practice ory, or regularly engaging ine in another county, shallmail to the clerk of suchof registration . If such

t the original registrationfinder seal by the regents,ndorsed by the regents as:lerk shall thereupon regis-~r county, on receipt of ashall stamp or indorse onhis name preceded by the

. . county," and returnt .

4.

PRACTICE OF MEDICINE . 97

• 151 . Certificate presumptive evidence ; unauthorizedregistration and license prohibited .-Every unrevoked cer-tificate and indorsement of registry, made as providedin this article, shall be presumptive evidence in all courtsand places, that the person named therein is legally reg-istered . Hereafter no person shall register any author-ity to practice medicine unless it has been issued orindorsed as a license by the regents . No such registra-tion shall be valid unless the authority registered con-stituted at the time of registration, a license under thelaws of the state then in force . No diploma or licenseconferred on a person not actually in attendance at thelectures, instruction and examinations of the school con-ferring the same, or not possessed at the time of its con-ferment, of the requirements then demanded of medicalstudents in this state as a condition of their being li-censed so to practice, and no registration not in accord-ance with this article shall be lawful authority to prac-tice medicine, nor shall the degree of doctor of medicinebe conferred causa honoris or ad eundum nor if pre-viously conferred' shall it be a qualification for suchpractice .

Revised from L . 1887, ch. 647, •• 5, 9.

• 152. Construction of this article.- This article shallnot be construed to affect commissioned medical officersserving in the United States army, navy or marine hos-pital service, while so commissioned ; or any one whileactually serving on the resident medical staff of any

7

98

HEALTH OFFICERS' MANUAL .

legally incorporated hospital ; or any legally registereddentist exclusively engaged in practicing dentistry ; orany manufacturer of artificial eyes, limbs or orthopedicinstruments or trusses in fitting such instruments onpersons in need thereof; or any lawfully qualified physi-cian in other states or countries meeting legally regis-tered physicians in this state in consultation ; or any phy-sician residing on a border of a neighboring state andduly authorized under the laws thereof to practice medi-cine therein, whose practice extends into this state, andwho does not open an office or appoint a place to meetpatients or receive calls within this state ; or any physi-cian duly registered in one county called to attend iso-lated cases in another county, but not residing or habit-ually practicing therein . This article shall be construedto repeal all acts or parts of acts authorizing confermentof any degree in medicine, causa honoris or ad eundum,or otherwise than on students duly graduated after sat-isfactory completion of a preliminary and medical coursenot less than that required by this article, as a conditionof license .

Revised from L. 1887, ch. 647, •• 6, 7, and L. 1890, ch . 507, • io .

• 153 . Penalties and their collection.- Any person who,,not being then lawfully authorized to practice medicinewithin this State and so registered according to law,shall practice medicine within this State without lawfulregistration or in violation of any provision of this ar-ticle ; and any person who shall buy, sell, or fraudulentlyobtain any medical diploma, license, record, or registra-

PRACTICE of

tion, or who shall aid or afraudulently obtaining, or iunder cover of any medicalregistration illegally obtain(lawfully or under fraudulentof fact in a material regard,a felony, shall attempt to prpractice, and any person wM. D. to his or her name, cthe title of doctor (or any titto show that any of the branmanner as to convey the imlegal practitioner of mediciror advertising the same isbranches without having ledegree, or without having rcstituted at the time an autlunder the laws of this State Iof a misdemeanor, and onpunished by a fine of not mfifty dollars, or imprisonmentoffense, and on conviction ofa fine of not more than five hment for not less than one yf

prisonment . Any person nunder a false or assumed nansonate another practitionershall be guilty of a felony.der this article is made on thi

;LRS' MANUAL .

1l ; or any legally registeredin practicing dentistry ; oral eyes, limbs or orthopedicfitting such instruments onany lawfully qualified physi-itries meeting legally regisin consultation ; or any phy-of a neighboring state andtws thereof to practice medi-extends into this state, and

e or appoint a place to meet:hin this state ; or any physicounty called to attend iso-ty, but not residing or habit-his article shall be construedacts authorizing confermentcausa honoris or ad eundum,nts duly graduated after sat-eliminary and medical courseby this article, as a condition

H 6, 7, and L. i89o, ch. 507, • zo.

aolleotion .- Any person who,:horized to practice medicine-egistered according to law,h : n this State without lawful

. of any provision of this ar,hall buy, sell, or fraudulentlyL, license, record, or registra-

PRACTICE OF MEDICINE. 99

tion, or who shall aid or abet such buying, selling orfraudulently obtaining, or who shall practice medicineunder cover of any medical diploma, license, record, orregistration illegally obtained, or signed, or issued un-lawfully or under fraudulent representations or mistakeof fact in a material regard, or who, after conviction ofa felony, shall attempt to practice medicine, or shall sopractice, and any person who shall append the lettersM. D. to his or her name, or shall assume or advertisethe title of doctor (or any title which shall show or tendto show that any of the branches of medicine), in such amanner as to convey the impression that he or she is alegal practitioner of medicine, or the person assumingor advertising the same is a practitioner of any of itsbranches without having legally received the medicaldegree, or without having received a license which con-stituted at the time an authority to practice medicineunder the laws of this State then in force, shall be guiltyof a misdemeanor, and on conviction thereof shall bepunished by a fine of not more than two hundred andfifty dollars, or imprisonment for six months for the firstoffense, and on conviction of any subsequent offense, bya fine of not more than five hundred dollars or imprison-ment for not less than one year, or by both fine and im-prisonment . Any person who shall practice medicineunder a false or assumed name, or who shall falsely per-sonate another practitioner of a like or different name,shall be guilty of a felony . When any prosecution un-der this article is made on the complaint of any incorpo-

100

HEALTH OFFICERS' MANUAL.

rated medical society of the State, or any county medi-cal society of such county entitled to representation ina State society, the fines when collected shall be paid tothe society making the complaint, and any excess of theamount of fines so paid over the expense incurred bythe said society in enforcing the medical laws of thisState, shall be paid at the end of the year to the countytreasurer.

Revised from L. 1887, ch. 647, •• 6, 7. As amended by L. 1895,ch. 398, • I .

A person convicted of a felony, whether before or after thepassage of the Public Health Law, is within the provisions ofsection 140, prohibiting the practice of medicine by any person " whohas ever been convicted of a felony," and section 153, making suchpractice by any person "after conviction of a felony," a misde-meanor. People v. Hawker, 152 N. Y . 234 ; 46 N. E . 607 ; 12 N. Y .Cr. 257 .

PENAL CODE PROVISIONS .

• 357. Acts of intoxicated physician.- A physician or surgeonor person practicing as such, who, being in a state of intoxication,administers any poison, drug or medicine, or does any act as aphysician or surgeon, to another person, by which the life of thelatter is endangered, or his health seriously affected, is guilty of amisdemeanor .

ARTICLE IX .*

DENTAL SOCIETIES AND THE PRACTICE OF DENTISTRY .

SECTION 16o . Definitions as used in this article.161 . State dental society.162 . District dental societies .163 . Powers of district dental societies .164. Licentiates .165 . State board of dental examiners.

* The whole of article IX was amended by L. 1895, ch . 626 . Forlaws on this subject prior to L . 1893, ch . 661, see schedule of lawsrepealed by L. 1895, ch. 626, post.

DENTAL SOCIETIES

SECTION 166 . Examinations .1 67. Degrees .168 . Licenses.169 . Registration.169a. Examination fees.169b. Revocation of licenc169c. Construction of this169d. Penalties .

• 160 . Definitions.- As use(university, regents and physi,meanings defined in articlBoard, where not otherwise 1dental examiners of the statemedical or dental school mschool, college or departmen'by the regents as maintainstandard and legally incorp,not otherwise qualified, mealState dental society means thof New York .

Preamble to article IX added byL. 1896, ch . 297, and L. 1898, ch . 3ch. 215 .

• 161. State dental society.-state of New York is contintof eight delegates from eachfour classes of two delegatesally, and of two delegates froschool of the state to be eldental society shall annuallynesday of May, or at such of