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Quorum.

Who may practice medicine.

"Medical school or college" defined.

regulations, and by-laws not inconsistent with the constitution and law of this state, or of the United States, to enable it to perform its duties and transact its business under the provisions of this act.

SEC. 6. A majority of said board shall constitute a quorum for the transaction of business.

SEC. 7. It shall be unlawful for any person to practice medicine, surgery, or obstetrics, or any of the branches thereof, in this state without first having obtained and registered the certificate provided for by this act, and no person shall be entitled to a certificate herein provided for unless he shall be a graduate of a legally chartered medical school or college in good standing, said qualifications to be determined by the board; Provided, however, That nothing in this act shall be construed to prevent physicians residing in other states from visiting patients in consultation with resident physicians who have complied herewith.

SEC. 8. The term medical school or college in good standing shall be defined as follows: A medical school or college requiring a preliminary examination for admission to its courses of study, and which requires as requisite for the granting the degree of M. D. attendance on at least three courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of professors in all the different branches of medical education, to-wit, anatomy, physiology, chemistry, toxicology, pathology, hygiene, materia medica, therapeutics, obstetrics, gynecology, principle and practice of medicine and surgery, and clinical instruction in the last two named; Provided, That this three year clause

shall not apply to degrees granted prior to July,

1891.

certificate.

filing of certifi

SEC. 9. It shall be the duty of all persons in- Application for tending to practice medicine, surgery, or obstetrics in the state of Nebraska, before beginning the practice thereof, in any branch thereof, to present his diploma to said board, together with his affidavit that he is a lawful possessor of the same, that he has attended the full course of study required for the degree of M. D., and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such official if he has a seal, and any person swearing falsely in such affidavit shall be guilty of perjury and subject to the penalty therefor. SEC. 10. If upon investigation of said diploma Issuance and and affidavit the applicant shall be found entitled cate. to practice, there shall be issued to said applicant the certificate of said board, under its seal and signed by its secretaries, stating such fact, and it shall be the duty of the applicant before practicing to file such certificate or a copy thereof in the office of the county clerk of the county in which he or she resides or in which he or she intends to practice; such certificate or copy shall be filed by the county clerk and by him recorded in a book to be kept for that purpose, properly indexed, to be called the "Physican's Register," and for such services the county clerk shall receive from the applicant the same fees as are allowed to the register of deeds for the recording of conveyances.

Physician now

SEC. 11. All physicians who shall be engaged engaged in in practice at the time of the passage of this act

practice.

Record of proceedings; is

tificate by secretaries.

shall, within six months thereafter, present to said board their diplomas and affidavits as herein before provided, or in the case of persons not graduates who were entitled to registration and practice under the provisions of the act entitled "An act to regulate the practice of medicine in the state of Nebraska," approved March 3, 1881, on affidavit showing them to have been entitled to so register and practice and a certified transcript of their registration under said act, and upon their doing so shall be entitled to the certificate herein provided, which they shall file with the county clerk as herein provided; Provided, That no one having the qualifications required in and having complied with said act of March 3, 1881, shall be liable to prosecution for failure to comply with this act until the expiration of said period of six months.

SEC. 12. It shall be the duties of said secretaries suance of cer- to keep a full record of all the acts and proceedings of said board and of all certificates granted thereby, together with the proof upon which certificates are granted, but when said proof in any case shall have been on file in the office of said board for ten days, said certificate may be issued by said secretaries without a vote of the board if no protest has been filed, and if in their opinion said proof complies with the provisions of this act.

Removal to another county.

SEC. 13. Any person who shall have obtained a certificate provided by this act and shall remove to another county shall, before the entering upon the practice of his profession in such other county, cause said certificate to be filed and recorded in the office of the county clerk of the county to which he has removed.

conduct.

SEC. 14. The board may refuse certificates to Unprofessional persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like cause; Provided always, That they have given the person an opportunity to be heard in his or her defense.

recover for medical

SEC. 15. No person shall recover in any court Actions to in this state any sum of money whatever for any services. medical, surgical, or obstetrical services unless he shall have complied with the provisions of this act and is one of the persons authorized by this act to be registered as a physician.

out authority.

SEC. 16. Any person not possessing the quali- Practicing fications for the practice of medicine, surgery, or obstetrics required by the provisions of this act, or any person who has not complied with the provisions of this act who shall engage in the practice of medicine, surgery, or obstetrics, or any of the branches thereof, in this state, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than three hundred ($300) dollars, and costs of prosecution for each offense, and shall stand committed until such fine and costs are paid.

medicine de

fined; excep

tions to act

SEC. 17. Any person shall be regarded as prac- "Practicing ticing medicine within the meaning of this act who shall operate on, profess to heal or prescribe for or otherwise treat any physical or mental ailment of another. But nothing in this act shall be construed to prohibit gratuitous services in case of emergency, and this act shall not apply to commissioned surgeons in the United States army and navy, nor to nurses in their legitimate occupations,

Itinerant vendors of drugs, etc.

Compensation

of secretaries;

cants.

nor to the administration of ordinary household remedies.

SEC. 18. Any itinerant vendor of any drug, nostrum, ointment, or appliance of any kind intended for the treatment of any disease or injury, or who shall by writing, printing, or any other method publicly profess to cure or treat diseases or injury or deformity, by any drug, nostrum, manipulation, or other expedient, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than one hundred ($100), or be imprisoned in the county jail for a period of not less thirty (30) days nor more than three (3) months, or both, in the discretion of the court, for each offense.

SEC. 19. The secretaries of said board of health fees of appli- shall receive for their services the sum of five ($5) dollars, to be paid by every applicant for a certificate hereunder at the time of making his application, and for their services for the taking of testimony the same fees as are provided for notaries public for similar services, and they shall receive no other fees or compensation; Provided, That applicants under section eleven (11) of this act shall pay the sum of one ($1) dollar only.

Repealing clause.

SEC. 20. That sections one (1) to eleven (11), inclusive, of chapter fifty-five (55) of the Compiled Statutes of Nebraska, entitled "An act to regulate the practice of medicine," approved March 3, 1881, and amended as heretofore stated, and all the acts inconsistent herewith are hereby repealed.

Approved March 27, 1891.

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