SECTION 2. This act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed February 27, 1896. Physicians: State board of medical registration and examination; ap and qualifications of members. [House Bill No. 76.] AN ACT To regulate the practice of medicine in the state of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4403, Revised Statutes of Ohio, be amended so as to read as follows: SEC. 4403. Within thirty days after the passage of this act, the governor, by and with the advice and consent of the senate, shall appoint a state board of medical registrapointment, term tion and examination, consisting of seven members, one to serve for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years, and the successors of each for the term of seven years, who shall be physicians in good standing in their profession, representation to be given to schools of practice in the state as nearly as possible in proportion to their numerical strength in the state, but no one school to have a majority of the whole board. The board shall organize by electing a president and a treasurer, who shall be members of the board, and a secretary, who shall be a physician in good standing in his profession, each to serve for the term of one year. The treasurer shall give a bond in the sum of ten thousand dollars, with sureties approved by the board, for the faithful discharge of his duties. The secretary shall receive a salary of not exceeding fifteen hundred dollars per annum, to be fixed by the board, and his necessary expenses in performing his official duties. The and expenses of members of the board shall each receive ten dollars per day Election, qualifications anders, term officers. Bond of treas urer. Salary and expenses of secretary. Compensation members. Seal; rules; power to administer oaths; meetings; quorum. for the time actually employed in the discharge of their duties and their necessary expenses while engaged therein. The board shall have a common seal, and shall formulate rules to govern its action. Its president and secretary shall have the power to administer oaths. The board shall meet in Columbus on the first Tuesday of January, April, July and October of each year, and at such other times as the board may appoint. Five members shall constitute a quorum. The board shall keep a record of all its proceedceedings; regis ings, and a register of all applicants for certificates, giving the name and location of the institution granting the applicant the degree of doctor of medicine or surgery, and also whether the applicant was rejected or a certificate granted. The books and register of the board shall be prima facie evidence of all matters recorded therein. Record of pro ter of applicants; value as evidence. SECTION 2. That section 4403 of the Revised Statutes be further supplemented by supplementary sections 4403c, 4403d, 4403e, 4403f and 4403g, as follows: for practice of medicine, surgery or midwifery: If graduate in medicineor surgery. If legal practigraduate. tioner but not SEC. 4403c. No person shall practice medicine, sur- Requirements gery, or midwifery, in any of its branches, in this state, without first complying with the requirements of this act. If a graduate in medicine or surgery, he shall, either personally, or by letter or proxy, present his diploma to the state board of medical registration and examination for verification. Accompanying such diploma the applicant shall file his affidavit, duly attested, stating that the applicant is the person named in the diploma and is the lawful possessor of the same, and giving his age and the time spent in the study of medicine. If the board shall find the diploma to be genuine, certificate. and from a legally chartered medical institution in good standing, as determined by the board, and the person named therein be the person holding and presenting the same, the board shall issue its certificate to that effect, signed by its president and secretary, which, when left with the probate judge for record as hereinafter required, shall be conclusive evidence that its owner is entitled to practice medicine or surgery in this state. If a legal practitioner of medicine under the laws of Ohio in force at the time of the passage of this act, but not a graduate of medicine or surgery, as above defined, he shall, either personally, or by letter or proxy, furnish the board an affidavit, duly attested, stating the period during which and the places at which he has been engaged in the practice of medicine or surgery. If the Certificate. board is satisfied from the affidavit and other information received that the applicant was a legal practitioner of medicine in Ohio at the time of the passage of this act, it shall issue its certificate to that effect, which, when left with the probate judge for record, shall be conclusive evidence that its owner is entitled to practice medicine or surgery in this state. If engaged in the practice of medicine in this state If neither legal at the time of the passage of this act, but not a legal practi- practitioner nor tioner under the laws in force at such time, nor a graduate in medicine or surgery as above defined, he shall present himself before the board and submit to such examination as to his qualifications for the practice of medicine or surgery as the board may require. If such applicant passes Certificate. an examination satisfactory to the board, the board shall issue its certificate to that effect, which, when left with the probate judge for record, shall entitle the owner to practice medicine or surgery in Ohio for a period of one year next ensuing from the date thereof. The board may refuse to Refusal or revogrant a certificate to any person guilty of felony or gross immorality, or addicted to the liquor or drug habit to such a degree as to render him unfit to practice medicine or surgery; and may after notice and hearing, revoke a certificate for like cause. An appeal may be taken from the action of the board refusing to grant or revoking a certificate for such cause, to the governor and attorney-general, [and] the decision of graduate. cation of certificate. Appeal. which officers, either affirming or overruling the action of the state board, shall be final. All persons engaged in the practice of medicine or surgery in this state at the time of the passage of this act may continue in such practice for a period of ninety days after this law takes effect in order to permit them to apply for and obtain the certificate above required. An affirmative vote of not less than five members shall be required to authorize the issuance or revocation of a certificate. The fee for a certificate issued upon the verification of a diploma or to a legal practitioner as above defined, shall be five dollars. For the examination of an applicant, the fee shall be twenty-five dollars. In the latter case the fee shall not be returned in the event of a failure, but the applicant may, within a year after such failure, present himself and be examined again without the payment of an additional fee. All fees shall be paid in advance to the treasurer of the board and by him covered into the state treasury to the credit of a fund which is hereby appropriated for the use of the state board of registration and examination. The compensation and expenses of members and officers of the board, and all expenses proper and necessary in the opinion of the board to discharge its duties under and enforce the law, shall be paid out of said fund upon the warrant of the auditor of state, issued upon requisitions signed by the president and secretary of the board. SEC. 4403d. The person receiving a certificate to practice medicine or surgery under section 4403c shall, before entering upon the practice, leave his certificate with the probate judge of the county in which he resides, for record. The probate judge shall record the same in a book to be kept for that purpose, and endorse on the margin of the record and on the certificate the time he received the same for record, and make a proper index to all certificates by him recorded. The probate judge shall note in the margin of the record the revocation of a certificate, or any change in the location or death of the owner of a certificate. Upon application, the probate judge shall make out a certified copy of any such certificate and the indorsements thereon, and such certified copy shall be prima facie evidence of all matters and facts therein contained. Between the first and thirty-first days of December in each year, the probate judge shall furnish the secretary of the state board a list of all certificates recorded and in force, and also a list of all certificates which have been revoked or the owners of which have removed from the county, or died during the preceding year. In case of a change of residence, the owner of a certificate shall have the same recorded anew by the probate judge of the county into which he removes. For services under this section the probate judge shall receive the following fees: For recording and indexing each certificate, fifty cents, and for certified copies, the same fees as are allowed by law for copies and certificates of records kept by the probate judge, to be paid by the holder of the certificate Affidavit required of presof midwifery. ent practitioners SEC. 4403c. Every person practicing midwifery in this state at the time of the passage of this act, shall within ninety days thereafter file with the probate judge of the county in which she resides, an affidavit duly attested, giving her name, age, residence, the length of time during which and the place or places at which she has been engaged in said practice, and the special education, if any, which she has received to fit her for such practice. Thereupon, upon Certificate and payment of a fee of five dollars (fifty cents of which the fee therefor. probate judge shall retain as his own fee, and the balance remit to the treasurer of the state board of registration and examination), the probate judge shall issue a certificate, upon a blank form furnished by the state board, which shall entitle the applicant and holder to practice midwifery in this state. Such certificates shall be recorded by the probate Recording of judge, and in case of a transfer of residence, again recorded in the county to which the midwife removes, as provided by section 4403d, regulating the record of physicians' certificates. The probate judge shall, annually, between the first Annual list of and thirty-first days of December furnish the secretary of the state board a list of all such certificates issued and in force, and also a list of all such certificates which have been revoked or the owners of which have removed from the county, or died during the preceding year. All persons Examination of desiring, after the passage of this act, to enter upon the applicants. practice of midwifery in this state, shall appear before the state board and submit to such examination in midwifery certificate. certificates. cation of certificate. as the board shall require. If the applicant passes a satis- Certificate and factory examination, the board shall, upon the payment of a fee therefor. fee of ten dollars, issue its certificate to that effect, which, when filed with the probate judge for record, as provided in section 4403d, shall entitle the owner and holder thereof to practice midwifery in this state. A certificate to practice Refusal or revomidwifery may be refused or revoked for the same causes in the same manner as provided in section 4403c in the case of certificates to physicians and surgeons. The certificate granted to practice midwifery shall not give the holder the right to perform version, or treat breech or face presentation, or do any obstetric operation requiring instruments, or to treat any other abnormal condition, except in emergencies. Right to treat abnormal condi tion. who regarded as practicing medi cine or surgery. SEC. 4403f. Any person shall be regarded as practicing medicine or surgery within the meaning of this act who shall append the letters M. D. or M. B. to his name, or for a fee prescribe, direct or recommend for the use of any person, any drug or medicine or other agency for the treatment, cure or relief of any wound, fracture or bodily injury, infirmity or disease; provided, however, that nothing in this act shall be construed to prohibit service in case of emergency, or the domestic administration of family remedies; and this act shall not apply to any commissioned medical To whom act inofficer of the United States army, navy or marine hospital applicable. service in the discharge of his professional duties, nor to any legally qualified dentist when engaged exclusively in the Emergencies or family remedies. Penalty for unlawfully practicing medicine, surgery or midwifery. Penalty for Disposition of fines. Enforcement of act; prosecutions. Repeals, etc. practice of dentistry, nor to any physician or surgeon from another state or territory, who is a legal practitioner of medicine or surgery in the state or territory in which he resides, when in actual consultation with a legal practitioner of this state, nor to any physician or surgeon residing on the border of a neighboring state, and duly authorized under the laws thereof to practice medicine or surgery therein, whose practice extends into the limits of this state; providing that such practitioner shall not open an office or appoint a place to meet patients or receive calls, within the limits of this state. SEC. 4403g. Any person practicing medicine or surgery as defined in section 4403f in this state, without having first complied with the provisions of sections 4403c and 4403d, except as [t]herein provided, shall be deemed guilty of a misdemeanor, and shall be fined not less than twenty dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than one year, or both. Any person practicing midwifery in this state without having complied with the provisions of section 4403e, except as therein provided, shall be deemed guilty of a misdemeanor and fined not less than twenty-five dollars nor more than one hundred dollars. Any person who shall file, or attempt to file as his own, the medical diploma or certificate to practice of another, or shall file or attempt to file, a false[.] forged affidavit of his identity, or shall wilfully swear falsely to any question which may be propounded to him on his medical examination, or to any affidavit required to be made or filed by him, with the state board of medical registration and examination, shall be guilty of a felony and be imprisoned in the penitentiary not more than five years nor less than one year. Such fines when collected shall be paid, one-third to the person, corporation or medical society making the complaint or furnishing the information, one-third to the poor fund of the county, and one third to the state board of medical registration and examination. The secretary of the state board of medical registration and examination is charged with the duty of enforcing this act. If he have knowledge or notice that the act has been or is being violated, he shall investigate the matter, and upon probable cause appearing, shall file a complaint and prosecute the offender. It shall be the duty of the prosecuting attorney, when requested by such secretary, to take charge of and conduct such prosecutions. SECTION 3. Original sections 4403 and 6992 are hereby repealed, and this act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, JNO. C. HUTSINPILLER, Passed February 27, 1896. |