Chap. 338.—An ACT to regulate the practice of medicine and surgery in the
State of Virginia.

Approved February 22, 1804.

1. Be it enacted by the general assembly of Virginia, That from
and after the passage of this act the following persons, and no others,
shall be permitted to practice medicine or surgery in this state:

First. All persons who have practiced medicine or surgery in this
state continuously for the period of at least five years prior to the pas-
sage of this act, but only such persons as have been assessed with &
license tax as a physician or surgeon by some commissioner of the
revenue in this state during each of the five years preceding the pas-
sage of this act shall be regarded as included within the provisions of
this clause: provided that this act shall not apply to any physician
or surgeon now legally licensed and practicing as such in this state.

Second. All persons who have been duly examined and have been
awarded certificates by the board of medical examiners under the
acts of January thirty-first, eighteen hundred and eighty-four;
March first, eighteen hundred and eighty-eight, and chapter seventy-
seven of the code, or the amendments thereto, and who have also
otherwise complied with the requirements of the said laws.

Third. All persons who shall hereafter receive certificates from the
board of medical examiners of this state as provided by section 81x
of this act, and who shall also in all other respects have complied
with the provisions of the same.

2. Any person shall be regarded as practicing medicine or surgery
within the meaning of this act who shall profess publicly to be 4
physician or surgeon and shall offer for practice as such, or who shal!
prescribe for the sick or for those needing medical or surgical aid
and shall charge and receive therefor money or other compeneation,
directly or indirectly; but this act shall not apply to any midwife,
dentist, commissioned officer or contract surgeon of the United
States army or navy or marine hospital service in the performance
of his duties as such, nor to any physician or surgeon residing in
any state or territory of the United States, or in the District of Co-
lumbia, called into consultation in a special case with a physician
or surgeon residing in this state; nor shall this act be construed as
affecting or changing in any way the laws in reference to the license
tax to be paid by physicians, surgeons and dentists.

_3. There shall be for this state a board of medical examiners, con-
sisting of one member from each congressional district in this state
and two for the state at large, and, in addition, two homeopathic
physicians from the state at large, whose term of office shall be four
years, or until their successors are appointed and qualified. The
term of office of the board first appointed after this act takes
effect shall commence on the first day of April, eighteen hundred
and ninety-four, but the board in office under the law in force at the
time of the passage of this act shall constitute a board of medical
examiners under this act until a new board shall be appointed under
authority of the same.

4. The said board shall consist of men learned in medicine and
surgery, and shall be ‘appointed by the governor on the first day of
April, eighteen hundred and ninety-four, and every fourth year
thereafter, from a list of names to be recommended by the Medical
society of Virginia. He shall also appoint two homeopathic physi-
clans, who may be nominated to him by the Habneman medical
society of the old dominion in the manner hereinafter provided.
Vacancies occurring in such board for unexpired terms shall be filled
inthe same manner. Such recommendations shall be by vote of a
majority present, at some meeting of the said societies, and the same
shall be certified to the governor by the president and secretary of
such societies: provided, however, in case the governor shall con-
sider any of the persons 80 recommended unsuitable, he may decline
to appoint such person or persons, and communicate the fact to the
Preeiding officers of the society presenting the nomination, and such
society shall, within ninety days thereafter, make other recommend-
ations in the manner hereinafter prescribed, which shall stand on
the same footing in all respects as those first made: provided, fur-
ther, if such society fail to make such recommendations prior to the
time of appointment, or within the ninety days, the governor shall
appoint such board, either in whole or in part, without regard to such
recommendations. If any of said examiners shall cease to reside
In the district for which he was appointed, his office shall be deemed
vacant. |

o. The members of said board shall qualify by taking the usua
oath of office before the county or corporation court of the county or
corporation in which they respectively reside, or before the judge of
such court in vacation. The officers of said board shall be a presi-

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dent, vice-president and secretary (who shall also act as treasurer),
said officers to be members of and selected by the board. Regular
meetings of the board shall be held at such times and places as the
board may prescribe, and special meetings may be held upon the call
of the president and any five members; but there shall not be less
than one regular meeting each year. Five members of the board
shall constitute a quorum. The board may prescribe rules, regula-
tions and by-laws for its own proceedings and government, and for
the examination by its members of candidates for the practice of
medicine and surgery.

6. It shall be the duty of the said board at any of its meetings to
examine all persons making application to them who shall desire to
commence the practice of medicine or surgery in this state, and who
shall not, by the provisions of this act, be exempt from such exam-
inations; and when an applicant shall have passed an examination
satisfactory as to efficiency before the board in session, the president
thereof shall grant to such applicant certificate to that effect. A
fee of five dollars shall be paid to said board through such officers
or members as it may designate by each applicant before such ex-
amination is had. In case any applicant shall fail to pass a satis-
factory examination, he shall not be permitted to stand any further
examination within the next six months thereafter, or until the next
meeting of said board, nor shall he have again to pay the fee pre-
scribed as aforesaid: provided, however, no applicant shall be re-
jected upon his examination on account of his adherence to any
particular school of medicine or system of practice, nor on account
of his views as to the method of treatment and cure of diseases: and
provided, further, that when in the opinion of the president of the
board any applicant has been prevented by good cause from appear-
ing before the board, the president of the board shall appoint a com-
mittee of three members, who shall examine such applicant, and
may, if they see fit, grant him a certificate, which shall have the
same force and effect as though granted him by the full board until
the applicant shall have an opportunity to appear before the said
board, when, if the applicant fail to appear for examination, the
president of the board shall have authority to revoke said certificate,
or in any case the president shall have authority, at his discretion,
to grant a special permit to any applicant to practice medicine until
he shall have an opportunity to appear before the board in session
for examination, which said special permit shall be revokable at the
discretion of the president.

7. The fund realized from the fees aforesaid shall be applied by
the board to the payment of its expenses, and to making a reasonable
compensation to the president and secretary.

8. Before any person who obtains a certificate under section six of
this act may lawfully practice medicine or surgery in this state, he
shall cause the said certificate to be recorded in the clerk’s office of
the county or corporation in which he resides in this state, or, if he
resides in the city of Richmond, in the clerk’s office of the chancery
court of said city; but if he does not reside in the state of Virginia,
he shall cause the said certificate to be recorded in the clerk’s office
of the county or corporation in which he offers to practice in this state,
orin the clerk’s office of the chancery court of the city of Richmond,
if he offers to practice in said city. The certificates shall be re-
corded by the clerk in a book to be kept for that purpose, and it shall
be indexed in the name of the person to whom the certificate 1s
granted. Theclerk’s fee for recording shall be the same as for record-
ing a deed.

9. Any person who shal! practice medicine or surgery in this state
in violation of the provisions of this act shall be fined not less than
fifty nor more than five hundred dollars for each offence; and it
shall not be lawful for him to recover by action, suit, motion or war-
rant, any compensation for services which may be claimed to have
been rendered by him as such physician or surgeon.

10. All acts and parts of acts inconsistent with this act are hereby
repealed. .

11, This act shall be in force from its passage.