Qualifications of appointed members. Removals. Term. When to be appointed. Who to be appointed. Duties of board. Officers of Time of meeting: quorum. governor, and all vacancies occurring on the board shall be filled by the governor. · The appointed members of said board of embalming examiners shall be residents of the state of Ohio, and shall be practical embalmers, who shall have had at least five years' experience in the practice of embalming, and the preparation and disposal of the dead in this state. The governor shall have power to remove from office any appointed member of said board for neglect of duty, incompetency or improper conduct. Each appointed member shall serve for a term of three years from the date of his appointment going into effect, except those first appointed, who shall serve as follows: One for one year, one for two years, and one for three years, respectively; the governor shall designate the number of years each shall serve, and any one having served as a member of said board shall be eligible for reappointment. The first board shall be appointed on or before the fifteenth day of June, 1902, and one member annually thereafter, who shall serve for a term of three years from the first day of July next ensuing, all subsequent appointments on the board, except to fill vacancies not caused by the expiration of the term of a member, shall be selected from three names sent to the governor by the funeral directors' and embalmers' association of Ohio; but if the said nominations are not made to the governor by June fifteenth of any year, then the governor shall appoint a suitable person to fill the vacancy occasioned by the expiration of the term of said member on said board. SECTION 3. The said state board of embalming examiners shall prepare a list of questions for the examination in the subjects as hereinafter prescribed, as to the qualifications and fitness of those engaged, or who may hereafter engage, in this state, in the practice of embalming and the preparation and disposal of the dead; second, to meet at least once a year, and oftener if its duties require, at such time and place as the board may decide, for the examination of applicants for a license to practice, in this state, the science of embalming and the preparation and disposal of the dead. At least fifteen days' notice of the time and place of meeting of said board shall be given; third, to elect at the first meeting of said board, a president and secretarytreasurer from the members of said board; the president to serve for one year, and the secretary-treasurer during the pleasure of the board, and until their successors shall be elected and qualified; fourth, to adopt a common seal; fifth, to adopt rules and by-laws for its government, not inconsistent with the laws of this state or of the United States. SECTION 4. The first meeting of the board shall be held on the first Monday in July, nineteen hundred and two; three members shall constitute a quorum. witnesses. The president of said board (and in his absence, a presi- Oath of dent pro tempore, elected by the members present), is hereby authorized to administer lawful oaths to witnesses testifying before the board. of members. SECTION 5. The appointive members of said board; Compensation except the secretary-treasurer, shall receive ten dollars per diem for each day of actual service during the meetings of said board, and mileage at the rate of three cents per mile, and the salary of the secretary-treasurer shall be in such sum as shall be decided upon by said board, which, per diem, mileage and salary, together with the actual traveling and necessary expenses of the secretary-treasurer, and all other expenses of said board, shall be paid from the fees received under the provisions of this act, and shall in no manner be an expense to the state. bond. The secretary-treasurer shall give bond in such sum as Secretary's may be determined by the board, for the proper discharge of his duties. governor. It shall be the duty of said board, on or before the first Report to Monday in June of each year, to make a report to the governor, containing a detailed statement of the receipts and expenditures of said board. and license. SECTION 6. From and after the passage of this act, Examination every person now engaged in or desiring to engage, in this state, in the practice of embalming, or in the preparation of the dead for interment, cremation or transportation, except as hereinafter provided, shall make a written application to the secretary-treasurer of the state board of embalming examiners for a license, accompanying the same with the license fee of five dollars, whereupon the applicant, as aforesaid, shall present himself or herself before said board, and shall be examined, by said board, in the following subjects: (a) Visceral anatomy and vascular system of the human body. (b) The action and comparative value of germicides. (c) The methods of embalming and of preparing bodies for transportation. (d) The meaning of "etagion" and "infection," the dangers they beget, and the best methods of their restriction and arrest. Also bacteriology in relation to contagion and infection. (e) The signs of death and the manner in which they are determined. (f) Practical demonstration on the cadaver. (A grade of seventy-five per cent. shall determine the applicant's proficiency): And if said board shall find that' the applicant is of good moral character, and has passed a satisfactory examination in the above named subjects, the said board shall register the said applicant as a duly licensed embalmer. Such license shall be signed by the president and secretary of the board and attested by its seal. All persons receiving a license under the provisions of this act, shall register the same at the office of the board of health, and where there is no board of health, with the clerk of the court of common pleas of the county, in the jurisdiction of which it is proposed to carry on said practice, and shall display said license in a conspicuous place in the office of such licentiate, and annually thereafter, on or before a date to be fixed by the said state board of embalming examiners, pay to the secretary-treasurer the sum of one dollar for the reWho need not newal of said license. Provided, that if said applicant has been actively engaged, in this state, in the practice of embalming for a period of five years, immediately preceding the passage of this act, an affidavit shall be accepted in lieu of an examination as to his or her qualifications, under the provisions of this act. take examin ation. Unlawful to practice balming without license. SECTION 7. On and after the first day of January, Science of em- nineteen hundred and three, it shall be unlawful for any person to practice or pretend to practice, in this state, the science of embalming, either by arterial or cavity treatment, upon the body of any person dead of an infectious or contagious disease, or to prepare for burial, cremation, or transportation the body of any person dead from a contagious or infectious disease: except said person is a licensed embalmer within the meaning of this act. Penalty for such unlawful practice. License not assignable; provisions thereof. To whom act does not apply. Same. SECTION 8. Any person who shall practice or hold himself or herself as practicing in this state, the science of embalming, either by arterial or cavity treatment, upon the body of any person dead of an infectious or contagious disease, or prepare for burial, cremation or transportation, the bodies of persons dead of an infectious or contagious disease, without having complied with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be sentenced to pay a fine of not less than twenty-five nor more than fifty dollars for the first offense, and for the second and each repeated offense, a fine of not less than fifty nor more than one hundred dollars; or imprisonment for six months, or both, at the discretion of the court. SECTION 9. No license granted under this act shall be assignable, and every such license shall specify by name and address the individual whom it is issued, and the number of said license. SECTION 10. Nothing in this act shall apply to or in any manner interfere with the duties of any officer of a local or state institution, except in such cases as are herein provided, nor shall this act apply to any person or persons engaged only in the furnishing of burial receptaries for the dead. SECTION II. Nothing in this act shall prevent a funeral director, or other person, in this state, from conducting the funeral or disposing of the bodies of persons, dead of a contagious or infectious disease, after the same has been prepared by a licensed embalmer, as provided for in this act; nor from conducting the funeral or embalming, or preparing the bodies of persons dead from a disease not contagious or infectious, except as herein provided. The state board of health shall determine what diseases are .contagious or infectious within the meaning of this act. SECTION 12. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed April 30, 1902. CARL L. NIPPERT, President of the Senate. [House Bill No. 325.] AN ACT To better protect the lives of railway employes and the traveling public. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That it shall be unlawful for any railroad company in the state of Ohio, that runs more than four freight trains in every twenty-four hours, to run over their road, or any part thereof, outside of yard limits, any through freight train with less than a full train crew, consisting of five persons; one engineer, one fireman, one conductor, and two brakeman except, that a light engine without cars shall have the following crew, one engineer, one fireman and one conductor or flagman when running a distance of more than twenty-five miles from starting point. SECTION 2. That any superintendent, or his assistants Penalty. or other officer, or employe of any railroad company doing business in the state of Ohio, who shall send out on the road, or cause to be sent out on any road, that runs more than four freight trains in twenty-four hours, whose crew consists of less than those named in section one of this act, shall be guilty of a misdemeanor, the probate courts of the several counties of this state shall have final jurisdiction of offenses under this act. SECTION 3. It shall be the duty of the commissioner of Duty of comrailroads and telegraphs to enforce this act. SECTION 4. its passage. missioner of railroads and This act shall be in force from and after telegraphs to W. S. MCKINNON, Speaker of the House of Representatives. Passed May 2, 1902. F. B. ARCHER, President of the Senate. 220G enforce this act. [House Bill No. 409.] AN ACT To amend section 3 of section 2573a, of the Revised Statutes of Be it enacted by the General Assembly of the State of Ohio: Sec. 2573a. Section 3. The chief inspector and district inspectors shall give their whole time and attention to the duties of their offices respectively; they shall have the power of notary, to administer oaths and to take affidavits in matters connected with the enforcement of the provisions of all laws coming under the jurisdiction of the department of the inspection of workshops, factories and public buildings. It shall be their duty to visit all shops and factories in their respective districts as often as possible, to see that all the provisions and requirements of this act are strictly observed and carried out; they shall carefully inspect the sanitary condition of the same, and it shall be their duty to examine the system of sewerage in connection with said shops and factories, the situations and conditions of water-closets or urinals in and about such shops and factories and also the system of heating, lighting and ventilating all rooms in such shops and factories where persons are employed at daily labor; also as to the means of exit from all such places in case of fire or other disaster; and also all belting, shafting, gearing, elevators, drums and machinery of every kind and description in and about such shops and factories, and see that the same are not located so as to be dangerous to employes when engaged in their ordinary duties, and that the same so far as practicable, are securely guarded, and that every vat, pan or structure filled with molten metal or hot liquid shall be surrounded with proper safe-guards for preventing accident or injury to those employed at or near them; and that all such are in proper sanitary condition, and are adequately provided with means of escape in case of fire or other disaster. SECTION 2. Said section 3 of section 2573a of the Revised Statutes of Ohio be and the same is hereby repealed and this act shall take effect and be in force from and after its passage. W. S.. MCKINNON, Speaker of the House of Representatives. Passed May 2, 1902. F. B. ARCHER, President of the Senate. 221G |