Authority to practice medicine, a cer Board of Health. CHAPTER 34. AN ACT to amend an act, entitled "An Act to protect the citizens of this Commonwealth from empiricism," approved April 10, 1893, and acts amendatory thereto, being article 1, chapter 85, of the Kentucky Statutes, and to amend section 2047, chapter 63, of the Kéntucky Statutes, creating a State Board of Health, approved April 20, 1893, and regulating the practice of medicine, surgery and osteopathy in this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 3 of an act entitled, "An act to protect citizens of this Commonwealth from empiricism," approved April 10, 1893, and acts amendatory thereto, being section 2613, article 1, chapter 85, of the Kentucky Statutes, be stricken out and repealed, and in lieu thereof the following section be enacted: § 1. Authority to practice medicine under this act tificate from State shall be a certificate from the State Board of Health, registered in the county in which the holder resides and said Board shall issue a certificate to any reputable physician who desires to practice medicine in this State,. who has passed a satisfactory examination before it, in the branches of medicine as taught in reputable medical colleges; and said Board shall, upon application, admit to examination any person of good moral character, who may possess any of the following qualifications: 1. A diploma from a reputable medical college legally chartered under the laws of this State. 2. A diploma from a reputable and legally chartered medical college of some other State in this Union. 3. Satisfactory evidence from the person claiming the same that such person was reputably and honor Hin ably engaged in the practice of medicine in this State prior to February 23, 1884. Applicants may present their credentials by mail or proxy, and shall receive due notice of the place and date of examination. Certificates shall be signed by the president and secretary, and attested by the seal of the Board, and the fee for each examination, including the certificate, shall not exceed the sum of ten dollars. The members of the Board shall be entitled to receive ten dollars per day and their necessary traveling expenses for each day devoted to such examinations, to be paid from the fees provided herein, and the Board shall have authority to provide for such assistants as it may deem necessary, and pay for the same from the fund arising from such fees." annually at Louisington, etc. How § 2. Examinations shall be held at least semi- Examination semiannually, at Frankfort, Louisville, Lexington or other vile. Frankfort, Lexcentrally located places, and on such days as the Board conducted. may deem will best suit the convenience of applicants. The questions for all examinations in the branches common to all schools or systems of practice shall be prepared by a committee of the Board to consist of five members, one of which shall be a homeopath, one an eclectic and one an, osteopath, and said committee shall conduct all examinations and grade the same, and when any applicant has made the average prescribed by law and is so graded the Board of Health shall admit such applicant to the practice of his or her profession in this State. All examinations shall be conducted in writing and in such manner that the result shall be entirely fair and impartial, the applicants being known by numbers, so that no member of the Board shall be able to identify the papers of any applicant until they have been graded and the case passed upon and all State Board of Health may refuse questions and answers with the grade attached shall betreserved for one year. All applicants examined at any one time shall have the same questions asked them in anatomy, physiology, obstetrics and the other branches common to all systems of practice and shall be required to make an average grade of 70, with a minimum of 60 in any one branch; but all examinations, involving methods or principles of treatment shall be made and graded by that member of the board who represents, or most nearly represents the school or system of practice to which the applicant belongs, or the board may in its discretion, omit the examination in such branches. No member of the board shall be a stockholder or member of the faculty or board of trustees of any medical college. § 3. That section 5 of said act, to which this is to isste certificate. an amendment, being section 2615 of the Kentucky Statutes, be stricken out and repealed, and in lieu thereof the following section is enacted. "Section 3." The State Board of Health may refuse to issue the certificate, provided for in this act for any of the following causes: 1. The presentation to the board of any license, certificate or diploma which was illegally or fraudulently obtained, or the practice of frauds or deception in passing examination. The commission of a criminal abortion, or conviction of a felony involving moral turpitude. 3. Chronic or persistent inebriety or addiction to a drug habit to an extent which disqualifies the applicant to practice with safety to the people. 4. Or other grossly unprofessional or dishonorable conduct of a character likely to deceive or defraud the public. The board may suspend or revoke a certificate for 1 any of the causes for which it may refuse to grant a license under the provisions of this act. In all proceedings for suspension or revocation under this act, the holder of the certificate shall be furnished with a copy of the complaint and shall be given at least thirty days thereafter to prepare for a hearing; and he shall be heard in person or by counsel, or both as he may elect, and in such hearing and in all matters arising in the course of their duties the president and secretary shall have authority to administer oaths, and in such hearing the board may take oral or written proof for and against the complaint, as it may deem will best present the facts. In all cases of refusal, suspension, or revocation, the applicant or holder may appeal to the Governor, who may affirm or overrule the decision of the board. Upon the suspension or revocation of any certificate it shall be the duty of the board to give official notice of such action under seal to the county clerk of the county in which the holder is registered, and such name shall be marked as suspended for the period indicated, or stricken from the register in accordance with such notice, and if such holder shall continue to practice he shall thereupon be subect to the penalties provided in the law to which this is an amendment. The holder of a diploma from a rep college entitled to $ 4. Any person engaged in the practice of osteopathy in this State prior to February 1, 1904, who holds utable osteopathic a diploma from a reputable osteopathic college having certificate. a course of not less than four terms of five months each, legally chartered under the laws of any State in this Union, as determined by the osteopathic member of the board and who makes application to the State Board of Health within ninety days after the passage of this act, accompanied by the fee hereinbefore provided shall receive a certificate from the board without an examination, which when registered in the office of the county clerk of the county of his residence as required of other certificates issued by the board shall authorize the holder thereof to practice osteopathy in this Commonwealth, but it shall not permit him to administer drugs, nor to perform surgical operations with the knife. The words "practice of medicine" in this act shall be held to include the practice of osteopathy. But no person shall be permitted to practice osteopathy in this Commonwealth without an osteopahic diploma and certificate as provided in this section. § 5. Any other person applying for authority to treat the sick or injured or in any way discharge the duties usually performed by physicians whether by medical, surgical or mechanical means shall apply to the State Board of Health, who shall examine them as to their competency in such manner as they may deem fair and best, but such examination shall always include anatomy, physiology, and pathology, and the term "practice of medicine" as used in this act shall be construed to be the treatment of any human ailment, or infirmity by any method; but this shall not include trained or other nurses, or persons selling proprietary or patent medicines when not traveling as a troupe or troupes composed of two or more persons. But this act shall not apply to the practice of Christian Science. 6. That any itinerant medical company of two or more persons, traveling as a troupe or company as vendors of any drug, nostrum, or instrument of any kind, intended for the treatment, of any disease or injury, or who shall by any writing or printing profess to the public to treat disease or deformity by the use of any drug, nostrum or instrument shall pay to the board a license of one hundred dollars per month which shall be at once covered into the State Treasury. The board shall issue a license to reputable and worthy applicants under this |