to the State. They would not be entitled to either except for services rendered. Salary." "A reward or recompense for services performed." "Under a contract the employee may be entitled, as his compensation or as a part thereof, to food, clothing and lodging." 26 Cyc. 1050. If the amount paid by the State to an employee for meals and lodging was so paid as a part of his compensation for services rendered the State, and I think it must be so considered and treated, then, any allowance made in lieu of such board and lodging, when the employee boarded and lodged away from the hospital, or the fair value of his board and lodging when he had it at the institution, must be regarded as a part of his wages or salary and should be taken into consideration in fixing the amount of his pension just as much as though such employee had been paid that amount more in cash. I do, therefore, advise you that in fixing the pensions of retired veterans of the late civil war pursuant to the provisions of chapter 438 of the laws of 1916, due allowance should be made for the amount and value of the board and lodging of all those employees who were entitled to such board and lodging in addition to the money, salary or wages paid them. As a basis for ascertaining the amount of such pension, there should be added to the regular cash salary or wages of each employee for the last year of his service, the amount which has been allowed him, if anything, for board or lodging outside of the institution, as provided by section 50 of the Insanity Law, not less, however, than at the rate of sixteen dollars per month. One-half of the aggregate of such items would fix the amount of such pension. As to those employees who have been having board and lodging upon the grounds, there should be added to their regular cash salary or wages, an amount equal to that allowed to employees of the same grade who have been receiving board and lodging away from the institution; not less, however, than at the rate of sixteen dollars per month, and the pension fixed at one-half of the aggregate of the two items. If any cases should arise where no employee of equal grade has been receiving any sum for board or lodging outside of the institution, which could be used as a basis for the ascertainment of the value for inside accommodation, then the amount should be fixed at the fair value of such inside accommodation but not less than at the rate of $16.00 per month. Dated, October 9, 1916. EGBURT E. WOODBURY, Attorney-General. TO HON. EUGENE M. TRAVIS, Comptroller, Albany, N. Y. INQUIRY. A person to be appointed to the position of prison physician must possess a license to practice medicine as provided in the Public Health Law of New York State. OPINION. Section 160 of the Public Health Law provides in part: "7. The practice of medicine is defined as follows: A person practices medicine within the meaning of this article, except as hereinafter stated, who holds himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition, and who shall either offer or undertake, by any means or method, to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition. "Sec. 161. Qualifications. No person shall practice medicine, unless registered and legally authorized prior to September first, eighteen hundred and ninety-one, or unless licensed by the regents and registered under article eight of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereto, or unless licensed by the regents and registered as required by this article; nor shall any person practice under this article who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board." Under these definitions it is clear that prison physicians practicing medicine in the State of New York must be qualified as provided, and licensed by the regents. I know of no provision permitting a doctor licensed in another state to practice in this State by virtue of that license, even upon prisoners in State prisons. I, therefore, advise you that a license and registry are necessary prerequisites to appointment, and therefore, proper prerequisites to certification from an eligible list. Dated, December 6, 1916. E. E. WOODBURY, Attorney-General. To State Civil Service Commission, Albany, N. Y. |