The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
In New York State, early in the century, it was enacted that no one
practising physic or surgery, without a license, could collect any
debts incurred by such practice, and it was a penal offence so to
practise. In 1830, the unauthorized practice of physic or surgery
was made a misdemeanor punishable by fine or imprisonment, or both.
Shortly afterwards the offence was made penal instead of criminal,
and it was declared the provisions should not extend to any one using
or applying for the benefit of any sick person any roots, barks, or
herbs, the growth or produce of the United States. In 1844, all laws
limiting the right to practise medicine or surgery were repealed; free
trade in physic prevailed; all examinations, certificates and licenses
were declared unnecessary; the repealing Act expressly permitted any
person to practise physic subject to punishment, as for a misdemeanor,
if he should be convicted of gross ignorance, malpractice, or immoral
conduct. However, a change came, and, in 1874, the legislature declared
that it was “a misdemeanor for any person to practise medicine or
surgery in the State of New York, unless authorized so to do by a
license or diploma from some chartered school, State board of medical
examiners, or medical society,” or to practise under cover of a medical
diploma illegally obtained. The penalty for the first offence is a fine
of not more than $200; for a subsequent offence a fine of from $100 to
$500, or imprisonment for not less than thirty days, or both [102]. In
1880, it was further enacted that no person shall “practise physic
or surgery within the State unless he is twenty-one years of age, and
has been heretofore authorized so to do pursuant to the laws in force
at the time of his authorization, or is hereafter authorized so to do,
either by license from the regents of the University of the State |50|
of New York, a diploma of an incorporated medical college within the
State, or of one without the State approved of by some proper medical
faculty within the State.” Every physician or surgeon, except those who
had been practising ten years before 1880 (and a few others), had to
register with the clerk of the county, where he practised, his name,
residence, place of birth, together with his authority to practise.
Public-domain text, read in full here on John Shaqi.
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