prescribed shall be deemed to take effect as of the date of the completion of the regents' examination, as the same shall appear upon said certificate.

PRACTICE OF MEDICINE.

[Public health law, 1893, ch. 661, art. 8, as amended to June, 1897.]

Definitions as used in this article:

University means University of the State of New York.

Regents means board of regents of the University of the State of New York. Board means a board of medical examiners of the State of New York.

Medical examiner means a member of the board of medical examiners of the State of New York.

Medical school means any medical school, college, or department of a university, registered by the regents as maintaining a proper medical standard and as legally incorporated.

Medicine means medicine and surgery.

Physician means physician and surgeon.

§ 140. Qualifications: No person shall practice medicine after September 1, 1891, unless previously registered and legally authorized or unless licensed by the regents and registered as required by this article; nor shall any person practice medicine 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 a State board.

§ 141. State boards of medical examiners: There shall continue to be three separate State boards of medical examiners of seven members each, each of whoin shall hold office for three years from August 1 of the year in which appointed. One board shall represent the Medical Society of the State of New York, one the Homeopathic Medical Society of the State of New York, and one the Eclectic Medical Society of the State of New York. Each of these three societies shall at each annual meeting nominate twice the number of examiners to be appointed in that year on the board representing it. The names of such nominees shall be annually transmitted under seal by the president and secretary, prior to May 1, to the regents, who shall, prior to August 1, appoint from such lists the examiners required to fill any vacancies that will occur from expiration of term on August 1. Any other vacancy, however occurring, shall likewise be filled by the regents for the unexpired term. Each nominee before appointment shall furnish to the regents proof that he has received the degree of doctor of medicine from some registered medical school and that he has legally practiced medicine in this State for at least five years. If no nominees are legally before them from a society the regents may appoint from members in good standing of such society without restriction. The regents may remove any examiner for misconduct, incapacity, or neglect of duty.

(See also ordinance 47.)

§ 142. Certificate of appointment; oath; powers: Every medical examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall file with the secretary of state the constitutional oath of office. Each board, or any committee thereof, may take testimony and proofs concerning all matters within its jurisdiction. Each board may, subject to the regents' approval, make all by-laws and rules not inconsistent with law needed in performing its duty; but no by-law or rule by which more than a majority vote is required for any specified action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder.

§ 145. Admission to examination: The regents shall admit to examination any andidate who pays a fee of $25 and submits satisfactory evidences, verified by oath, if required, that he—

1. Is more than 21 years of age.

2. Is of good moral character.

3. Has the general education required preliminary to receiving the degree of bachelor or doctor of medicine in this State.

4. Has studied medicine not less than four full school years of at least nine months each, including four satisfactory courses of at least six months each in four different calendar years in a medical school registered as maintaining at the time a satisfactory standard. New York medical schools and New York medical students shall not be discriminated against by the registration of any medical school out of the State whose minimum graduation standard is less than that fixed by statute for New York medical schools. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice, provided that such substitution be specified in the license.

5. Has either received the degree of bachelor or doctor of medicine from some registered medical school, or a diploma or license conferring full right to practice medicine in some foreign country. The degree of bachelor or doctor of medicine shall not be conferred in this State before the candidate has filed with the institution conferring it the certificate of the regents that before beginning the first annual medical course counted toward the degree unless matriculated conditionally as hereinafter specified (three years before the date of the degree), he had either graduated from a registered college or satisfactorily completed a full course in a registered academy or high school; or had a preliminary education considered and accepted by the regents as fully equivalent; or held a regents' medical student certificate, granted before this act took effect; or had passed regents' examinations as hereinafter provided. A medical school may matriculate conditionally a student deficient in not more than one year's academic work or 12 counts of the preliminary education requirement, provided the name and deficiency of each student so matriculated be filed at the regents' office within three months after matriculation, and that the deficiency be made up before the student begins the second annual medical course counted toward the degree.

NOTES ON THE LAW AS TO ADMISSION.

The regents will accept as fully equivalent to the required academic course any one of the following:

a. A certificate of having successfully completed at least one full year's course of study in the collegiate department of any college or university, registered by the regents as maintaining a satisfactory standard.

b. A certificate of having passed in a registered institution examinations equivalent to the full collegiate course of the freshman year or to a completed academic

course.

(Three full academic years of satisfactory work may be accepted as a highschool course till August 1, 1896, when four full academic years will be required.) c. Regents' passcards for any 48 academic counts or any regent's diploma. d. A certificate of graduation from any registered gymnasium in Germany, Austria, or Russia.

e. A certificate of the successful completion of a course of five years in a registered Italian ginnasio and three years in a liceo.

f. The bachelor's degree in arts or science, or substantial equivalents from any registered institution in France or Spain.

g. Any credential from a registered institution or from the government in any State or country which represents the completion of a course of study equivalent to graduation from a registered New York high school or academy or from a registered Prussian gymnasium.

§ 146. Questions: Each board shall submit to the regents, as required, lists of suitable questions for thorough examination in anatomy, physiology and hygiene, chemistry, surgery, obstetrics, pathology and diagnosis, and therapeutics, including practice and materia medica. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates, except that in therapeutics, practice, and materia medica all the questions submitted to any candidate shall be chosen from those prepared by the board selected by that candidate, and shall be in harmony with the tenets of that school as determined by its State board of medical examiners.

§ 147. Examinations and reports: Examinations for license shall be given in at least four convenient places in this State and at least four times annually, in accordance with the regents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a regent's examiner, who shall not be one of the medical examiners. At the close of each examination the regent's examiner in charge shall deliver the questions and answer papers to the board selected by each candidate or to its duly authorized committee, and such board, without unnecessary delay, shall examine and mark the answers and transmit to the regents an official report, signed by its president and secretary, stating the standing of each candidate in each branch, his general average, and whether the board recommends that a license be granted. Such report shall include the questions and answers, and shall be filed in the public records of the university. If a candidate fails on first examination he may, after not less than six months' further study, have a second examination without fee. If the failure is from illness or other cause satisfactory to the regents, they may waive the required six months' study.

§ 148. Licenses: On receiving from a State board an official report that an applicant has successfully passed the examinations and is recommended for license, the regents shall issue to him, if in their judgment he is duly qualified therefor, a license to practise medicine. Every license shall be issued by the university under seal, and shall be signed by each acting medical examiner of the board selected and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and medical education, and all other matters required by law, and that after full examination he has been found properly qualified to practise. Applicants examined and licensed by other State examining boards registered by the regents as maintaining standards not lower than those provided by this article, and applicants who matriculated in a New York State medical school before June 5, 1890, and who receive the degree M. D. from a registered medical school before August 1, 1895, may, without further examination, on payment of $10 to the regents and on submitting such evidence as they may require, receive from them an indorsement of their licenses or diplomas conferring all rights and privileges of a regent's license issued after examination.

If any person whose registration is not legal because of some error, misunderstanding, or unintentional omission shall submit satisfactory proof that he had all requirements prescribed by law at the time of his imperfect registration and was entitled to be legally registered, he may, on unanimous recommendation of a State board of medical examiners, receive from the regents under seal a certificate of the facts, which may be registered by any county clerk, and shall make valid the previous imperfect registration.

Before any license is issued it shall be numbered and recorded in a book kept in the regents' office, and its number shall be noted in the license. This record shall be open to public inspection, and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land.

§ 153. Penalties and their collection: Any person who, not being then lawfully authorized to practise medicine within this State and so registered according to law, shall practise medicine within this State without lawful registration or in violation of any provision of this article; and any person who shall buy, sell, or fraudulently obtain any medical diploma, license, record, or registration, or who shall aid or abet such buying, selling, or fraudulently obtaining, or who shall practise medicine under cover of any medical diploma, license, record, or registration illegally obtained, or signed or issued unlawfully or under fraudulent representations or mistake of fact in a material regard, or who, after conviction of a felony. shall attempt to practise medicine, or shall so practise; and any person who shall append the letters M. D. to his or her name, or shall assume or advertise the title of doctor (or any title which shall show or tend to show that the person assuming or advertising the same is a practitioner of any of the branches of medicine) in such a manner as to convey the impression that he or she is a legal practitioner of medicine or of any of its branches without having legally received the medical degree, or without having received a license which constituted at the time an authority to practise medicine under the laws of this State then in force, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $250 or imprisonment for six months for the first offense, and on conviction of any subsequent offense by a fine of not more than $500 or imprisonment for not less than one year, or by both fine and imprisonment. Any person who shall practise medicine under a false or assumed name, or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony. When any prosecution under this article is made on the complaint of any incorporated medical society of the State or any county medical society of such county entitled to representation in a State society, the fines when collected shall be paid to the society making the complaint, and any excess of the amount of fines so paid over the expense incurred by the said society in enforcing the medical laws of this State shall be paid at the end of the year to the country treasurer. by laws of 1895, ch. 398.)

PRACTICE OF DENTISTRY.

[Public health law, 1893, ch. 661, art. 9, as amended to June, 1897.]

(As amended

The practice of dentistry and of veterinary medicine likewise require the license of the board of regents after due examination. (See public health law, 1893, chap. 661.)