Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
DEFINITION, EXCEPTIONS.—Practising medicine is defined as professing
publicly to be a physician and prescribing for the sick or appending
to a name the letters “M.D.” The act does not prohibit students from
prescribing under the supervision of a preceptor, nor prevent women
from practising midwifery, nor prohibit gratuitous services in cases of
emergency, nor apply to commissioned surgeons or acting surgeons of the
United States army or navy (_ib._, s. 2,563).
PENALTY.—Practising medicine or surgery without complying with the act
is punishable with a fine of from $50 to $500 for each offence; and
filing a diploma or a certificate of another, or a forged affidavit of
identification, is a felony punishable the same as forgery.
EXCEPTION.—The provisions of the act do not apply to those who have
been practising medicine ten years in the Territory (_ib._, s. 2,564,
Act passed 1882).
PROFESSIONAL CONDUCT.—The code of ethics of the United States Medical
Association is the standard, and the rule of decision, concerning
professional conduct (_ib._, s. 2,565).
PENALTY.—Persons unlawfully collecting or receiving fees or
compensation for services as physicians or surgeons in violation of
this act, are liable to the party paying it for double the amount
thereof (_ib._, s. 2,568).
FEES.—To the secretary of the board, from each graduate or licentiate
if the diploma is genuine, $5.
To the secretary of the board, from each graduate or licentiate if the
diploma is fraudulent or not owned by the possessor, $20 (_ib._, s.
2,556).
To clerk of the county, for filing and recording certificate, the usual
fees (_ib._, s. 2,559).
To the secretary of the board, for examination, in advance, $10 (_ib._,
s. 2,561).
NEW YORK.
PROHIBITION.—No person can lawfully practise medicine unless
registered and legally authorized prior to September 1st, 1891, or
unless licensed by the regents of the University of the State of New
York and registered as required by the present law; nor can any person
lawfully practise medicine who has ever been convicted of a felony by
any court, or whose authority to practise is suspended or revoked by
the regents on the recommendation of a State board (Laws of 1893, c.
661, s. 140).
BOARDS OF EXAMINERS.—There are three separate State boards of medical
examiners of seven members each, representing respectively the Medical
Society of the State, the Homœopathic Medical Society of the State, and
the Eclectic Medical Society of the State.
The regents appoint examiners from lists of nominees furnished by
the said societies. Each nominee before his appointment is required
to furnish to the regents proof that he has received the degree of
doctor of medicine from some registered medical school, and has
legally practised medicine in this State for at least five years. If
no nominees are legally before them, the regents may appoint from the
members in good standing of such societies without restriction (_ib._,
s. 141).
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