Chap. 515.—An ACT to amend and re-enact the following sections of the
Code of Virginia: 1612; 1613; 1614; 1615, as amended; 1616, as amended;

. 1617; 1618; 1619; 1621; 1622; 1623; 1639; relating to the regulation of the
practice of medicine; and to repeal section 1620. [H B 199]

Approved March 28, 1928
1. Be it enacted by the general assembly of Virginia, That the fol-
lowing sections of the Code of Virginia: sixteen hundred and twelve;
sixteen hundred and thirteen: sixteen hundred and fourteen; sixteen
hundred and fifteen, as amended; sixteen hundred and sixteen, as
amended; sixteen hundred and seventeen; sixteen hundred and eigh-
teen; sixteen hundred and nineteen; sixteen hundred and twenty-one;
sixteen hundred and twenty-two; sixteen hundred and twenty-three ;
sixteen hundred and thirty-nine; be amended and re-enacted so as to
read as follows:

Section 1612. Every certificate to practice medicine, homeopathy,
osteopathy, chiropractic and chiropody granted under the provisions of
this chapter shall, before the licensee begins to practice thereunder, be
presented by him to the clerk of the circuit court of the county or the
corporation court of the city wherein such practice is to be carried on.
The clerk of each said courts shall keep a book for the purpose, entitled
the “medical register,” and set apart one full page therein for the regis-
tration of each licensee, and he shall record therein the name, resi-
dence, place and date of birth and source, number and date of the |i-
cense to practice, and the school of practice to which each licensce
professes to belong, and each licensee shall subscribe and verify un-
der oath the matters above mentioned when the same have been so
recorded, .which, if wilfully false, shall subject the person so making
oath to conviction and punishment for false swearing as provided by
law. -The fact of such oath and record shall be endorsed by the said
clerk upon each certificate presented, and the clerk shall receive the
sum of one dollar from each licensee so registered, which shall be his
full compensation for all duties required under this chapter. The
holder of a certificate to practice medicine, homeopathy, osteopathy.
chiropractic and chiropody shall have the same recorded upon each
change of residence to another county or city, and the absence ot
such record shall be prima facie evidence of the want of possession
of such certificate. In such counties and cities as may require a
yearly license issued by the commissioner or other officer, it shall
be the duty of said commissioner or other officer, to require the
licensee to furnish a certified statement that he or she has regis-
tered his or her certificate in accordance with section sixteen hun-
dred and twelve, and in the absence of such statement it shall be
unlawful for said commissioner or officer to issue a license. When
any licensee shall die or remove from the county or city, or have
his certificate revoked, it shall be the duty of said clerk to make a
note of the facts at the bottom of the page of the said licensee as
closing his record. On the first day of January in each year said
clerk shall, on the request of the board, certify to the secretary
thereof a correct list of the licensees then registered in the county
or city, together with such other information as said board may
require. Any clerk, commissioner or other officer, upon conviction
of knowingly violating any provision of this chapter shall hé fined
not more than fifty dollars for each offense. A copy of the “medi-
cal register” pertaining to any person certified to by a clerk, un-
der seal of court; also a certificate issued by said clerk, certifying
that any person named has or has not registered in his office, as
required by this chapter, shall be admitted as evidence in all courts
of this State.

Section 1613. Legal practitioners of medicine, homeopathy, osteo-
pathy, and chiropractic practicing under the provisions of previous laws
who have not already received a license from the State medical
examining board of this State, shall present to the board, docu-
ments sufficient to establish the existence and validity of a diploma
granted to each by some bona fide college of medicine, homeo-
pathy, osteopathy and chiropractic, or to establish their exemp-
tion existing under any law, and shall receive from the said board
a verification license, which shall be recorded in the clerk’s office
of the circuit court of the county or corporation court of the city in
which the licensee resides, and duly endorsed by said clerk. Such
verification license shall be issued for a fee of fifty cents to all
practitioners so qualifying who have not already received a license
from a board of medical examiners of this State. It is especially
provided that those whose claims to State license rest upon having
practiced in the State previous to the year eighteen hundred and
eighty-five, shall present to the board satisfactory evidence of
having legally practiced medicine in this State before that year,
or if an osteopath, before the year nineteen hundred and three,
or if a chiropractor, before the year nineteen hundred and thirteen.
The board may, at its discretion, arrange for reciprocity with the
authorities of other States, territories and countries having require-
ments equal to those established by this chapter, and may, at its
discretion, issue such certificate to applicants upon endorsements
of boards of States with which reciprocal relations have not been
established, provided credentials of applicant are satisfactory, and
provided further that his or her school of graduation and his or
her grades be deemed fully equal to those required by the Virginia
board. The board of medical examiners may accept in lieu of
its own examination the certificate of the national board of medical
examiners, the fee for which shall be the same as that required for
reciprocity. Certificates may be granted applicants to practice
under such reciprocity on payment of a fee of fifty dollars to the
secretary of the board. The president may, upon recommendation
of the reciprocity committee and with the consent of the executive
committee, issue certificates to such applicants as are entitled to
reciprocity under this chapter at any time, whether the board is
in session or not. Legal practitioners who have lost their State
board certificates shall obtain duplicate certificates by furnishing
to the secretary of the board satisfactory proofs of the issuance to
the individual of the former certificates, and upon payment of a
fee of one dollar, and the new certificates when issued shall be reg-
istered as hereinbefore provided for original licenses.

Section 1614. The State board of medical examiners, or any member
thereof, shall have the power at any time to inquire into the identity
of any person claiming to be a licensed or registered practitioner.
and after due service upon such person of a notice in writing, re-
quire him to make reasonable proof, satisfactory to the board. that
he 1s the identical person licensed to practice medicine, homeopathy
osteopathy, chiropractic and chiropody, under the license by virtue
of which he clainis the right to practice. If, after such inquiry, it is
found that the person is practicing wrongfully, or if after due in-
vestigation by the above named authorities, or any one of them
any person whomsoever is found violating any of the provision;
of this chapter, it shall be the duty of such investigator to transmit
to the Commonwealth’s attorney of the county or city wherein suct
person resides, or is or has been practicing or attempting to prac.
tice, all the evidence in his possession tending to establish suct
violation of this chapter; and it shall be the duty of the said Com
monwealth’s attorney to immediately prosecute such person fo
violation of this chapter, if, in his opinion, the evidence so presentec
is sufficient to convict, and upon trial the burden of proof shall be
upon the defendant to prove his right to practice. The circuit cour
of the county wherein the offense is committed shall have origina
jurisdiction concurrent with the justices of said county in the tria
of such person for such offense, and the corporation courts of the
several cities of this Commonwealth shall have original jurisdiction
concurrent with the police justices of such cities. The State medi-
cal examining board may refuse to admit to examination ot
reciprocity, or to grant a certificate provided for in this chapter, to
a person guilty of unprofessional, dishonest, or immoral conduct.
and may revoke or suspend a certificate for like cause or causes.

The words “unprofessional conduct” as used in this act are
hereby defined to mean any of the following acts, to-wit:

(a) A practitioner of medicine, homeopathy, osteopathy, chiro-
practic or chiropody, who is guilty of any crime involving moral
turpitude or who is guilty of any fraud or deceit by which he was
admitted to practice, or

(b>) Is an habitual drunkard or habitually addicted to the use
of morphine, opium, cocaine or other drugs having a similar effect:
or

(c) Who undertakes or engages in any manner or by any ways
or means whatsoever, to procure or perform a criminal abortion,
as the same is defined by the law of this State.

(d) Prescribing or dispensing morphine, cocaine, or other nar-
cotics or alcoholics with intent or knowledge that same shall be
used otherwise than medicinally or with intent to evade any law
relative to the sale, use or disposition of such drug.

(e) All advertising of medical business in which grossly im-
probable or extravagant statements are made, or which have a ten-
dency to deceive or defraud the public, or impose upon credulous
or ignorant persons, or in which mention is made in such adver-
tisements of venereal diseases, diseases or disorders of the genito-
urinary organs or chronic ailments.

(f) Violations of section sixteen hundred and thirty-nine of the
medical practice act.

(zg) Advertising or professing to treat human ailments under
a system or school of treatment or practice other than that for
which he or she holds a certificate, or advertising that he or she
can cure or treat diseases by a secret method, procedure, treatment
or medicine.

Any applicant who may be refused admittance to examinations
before said board, or who may be refused a certificate by said board,
or who may have his certificate revoked by said board shall have
his right of action to have such issue tried by the circuit court of the
county or the corporation court of the city within whose jurisdic-
tion he may reside, and the proceedings to try such issue shall be
begun by the filing of a petition by such person in such court re-
citing the facts and making the said board the party defendant;
whereupon after due service of process upon the member of said
board residing in the congressional district in which said county
or city is located, at least ten days before the trial, the court shall
proceed to try the issue, the burden of proof being upon the peti-
tioner to establish his right to be examined, to be granted certifi-
cate or to practice. It shall be the duty of the Commonwealth's
attorney of the said county or corporation to appear on behalf
of the board and to file any answer that he may deem expedient
on its behalf, and to defend the said action before the court. The
judgment of the court upon the issue tried shall be final. The
board, or any member thereof, may investigate any person prac-
ticing or attempting to practice, or opening an office for the ostensi-
ble purpose of practicing medicine, homeopathy, osteopathy, chiro-
practic and chiropody in this State, and may require such person
to produce his certificate granted by the board, or document suf-
ficient to establish his right to practice medicine, homeopathy,
osteopathy, chiropractic and chiropody, under this chapter; and, in
case such person fails or refuses, to prove his right to practice,
the investigator shall report the case to the Commonwealth’s at-
torney of the county or city wherein such person is practicing or
attempting or offering to practice, and it shall be the duty of such
Commonwealth’s attorney to immediately prosecute such person
for violating this chapter, and upon the trial of such person the
burden of proof shall be upon him to establish his right to practice.

Where the license of any person has been revoked, or his regis-
tration has been annulled as herein provided, the board may, aiter
the expiration of three months, upon the payment of a fee of five
dollars, entertain an application for a new license, and in like man-
ner as original applications for licenses are entertained and upon
such new application they may, in their discretion, exempt the
applicant from the necessity of undergoing an examination.

Section 1615. All applications for certificates to practice medi-
cine, homeopathy, osteopathy, and chiropractic in this State after
the passing of this act must successfully pass an examination hefore
the board of medical examiners, established by this act. The said
board shall admit to examination any candidate who pays a fee of
twenty-five dollars, and submits evidence verified by affidavits and
satisfactory to the board, that he or she:

(a) Is twenty-one years of age or more, and who has not at anv
time been guilty of unprofessional conduct, as defined in section
sixteen hundred and fourteen.

(b) Is of good moral character.

(c) Had prior to beginning of his or her first year of medical
study the general education required preliminary to receiving the
degree of bachelor or doctor of medicine in this State. This. pre-
liminary education shall meet the requirements of the board of
education of the State of Virginia, and a certified statement from
the superintendent of said board shall accompany the candidate's
application.

(d) Has studied medicine not less than four school years. in-
cluding four satisfactory courses of at least eight months each in
four different calendar years in a medical school registered as main-
taining a standard, satisfactory to the State hoard of education.
Such standard being based upon the grading of the American
Medical Association, of the American Institute of Homeopathy.
and of the American Osteopathic Association, respectively.

Virginia medical schools and Virginia 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 of Virginia medical schools.

The board may, in their discretion, accept as the equivalent ot
the first year of requirement (d) evidence of graduation from a
registered college course; provided, that such college course shall
have included not less than the minimum requirements prescribed
by the board, and by the State board of education for such ad-
mission to advance standing.

The board may also, at their discretion, admit conditionally to
the examination in anatomy and histology, physiology, and embriology
and chemistry, applicants nineteen years of age, or more. cer-
tified as having studied medicine at some registered medical col-
lege not less than two vears, including two satisfactory courses
of at least eight months each, in two different calendar years. and
in having passed in all those medical branches at the said college.
but the said college must be registered as maintaining at the time
a standard satisfactory to the State board of education as above
provided, provided, further, that such applicant must meet requuire-
ments (b) and (c). The board may also, at their discretion, accept
as the equivalent of any part of requirements (c) and (d), five or
more years of legal and reputable practice, and such candidate shall
be exempted from taking examinations in anatomy and histology, and
physiology, embriology, and chemistry.
(e) 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, unless admitted conditionally to the examination as speci-
fied above, in which case all qualifications, including the full period
of study, the medical degree and the final examinations must be
met. The degree of bachelor or doctor of medicine shall not be
conferred in this State before the candidate has filed with the in-
stitution conferring it the certificate of the State board of educa-
tion that before beginning the first annual medical course counted
toward the degree, he had either graduated from a registered col-
lege or satisfactorily completed a full course in a registered acad-
emy or high school; or had a preliminary education considered and
accepted by the State board of education as fully equivalent, or
hold a State board of education medical student certificate, or
passed State board of education examinations, securing sufficient
academic counts, in accordance with the standard of the associa-
tion of American Medical Colleges, the Council on Medical Educa-
tion of the American Institute of Homeopathy, or the American
Osteopathic Association, respectively, or their full equivalent, be-
fore beginning the first annual medical course counted towards the
degree; provided, however, that when an applicant has failed to
pass a satisfactory examination, he may appear before the ‘board
again, once within one year without paying an addtional fee; pro-
vided, that any person who shall produce before the said examining
board a certificate from the judge of the circuit court and the
Commonwealth’s attorney of the county in which he resides stating
that in their opinion, from evidence produced before them he was
a practicing physician prior to the first day of January, eighteen
hundred and ninety-five, practicing osteopath prior to the first
dav of January, nineteen hundred and three, or a practicing chiro-
practor prior to the first day of January, nineteen hundred and thir-
teen, then said examining board shall give to said person a certifi-
cate allowing said person to practice their profession in Virginia.

Section 1616. The funds realized from all fees collected by
the board shall be accounted for and shall be paid into the State
treasury. Each member of the board, except the secretary, shall
receive eight dollars for each day actually employed in the discharge
of his official duties, together with all necessary expenses incurred.
The secretary of the board shall receive, in addition to necessary
expenses, an annual salary, to be fixed by the board, not exceeding
one thousand dollars. The compensation and expenses of the mem-
bers, and the necessary expenses of the board shall be paid out of
the State treasury, on a requisition signed by the president and
secretary of the board, and upon the warrant of the comptroller.

Section 1617. All examinations shall be conducted in writing, to-
gether with practical tests, when the majority of the board may deem
necessary in such manner as shall be entirely fair and impartial to all
individuals and every school ot medicine, the applicants being known
by numbers, without’ names or other method of identification on exami-
nation papers by which members of the board may be able to identify
such papers until after the applicants have been granted certificates or
rejected. Upon satisfactory examination, under the rules of the board,
applicants shall be granted certificates to practice medicine, homeopathy,
osteopathy, chiropractic or chiropody. All certificates shall be at-
tested by the signature and seal of the president and secretary of
the board, respectively.

Section 1618. Nothing in this chapter shall be construed to affect
commissioned or contract medical officers serving in the United States
army, navy or public health and marine hospital service, while so com-
missioned and in the performance of their duties, but such shall not
engage in private practice without license from the board of medical
examiners of the State, and the board may issue certificates of
qualification without examination to medical officers in the public
service of the United States on presentation of satisfactory cre-
dentials, the fee for which shall be the same as for reciprocity.
On the face of these certificates it must appear that they were
issued pro forma, and without examination. This chapter shall
not affect any person while actually serving without salary or
professional fees on the resident medical staff of any legally in-
corporated hospital, or any legally registered dentist exclusively
engaged in practicing dentistry; or any legally registered optom-
etrist exclusively engaged in practicing optometry; or any non-
itinerant person or manufacturer who fits artificial eyes, limbs or
other apparatus or appliances; or any lawfully qualified practitioner
from other States, territories or countries, meeting legally registered
practitioners in this State in consultation, but who does not open
offices or appoint places in this State where patients may be met
or called to be seen; or to limit in any way the manufacture or sale
of proprietary medicines by licensed druggists in this State; or to
the furnishing of medical assistance in cases of emergency; or to
the domestic administration of family remedies; or to the practice
of the religious tenets of any church in the ministration to the sick
or suffering by mental or spiritual means without the use of any
drug or material remedy, whether gratuitously or for compensation,
provided sanitary laws are complied with; or to affect or interfere in
any way with the operation of any hospital now established in this
State; or to any person while engaged in conducting such hospital
now established, if there be a licensed practitioner resident or prac-
ticing therein; or to nurses who practice nursing only; or to mas-
securs, in their particular sphere of labor, who publicly represent
themselves as such. This chapter shall be construed to apply to
persons not pretending to be physicians, who offer for sale on the
streets or other public places or leave gratuitously at residences,
remedies which they recommend for the healing or curing of dis-
eases. This chapter shall be construed to repeal all acts or parts
of acts authorizing conferment of any degree in medicine causa
honoris or ad cundam grandam or otherwise than on students duly
graduated after satisfactory completion of a preliminary medical
course, not less than that required by this chapter as a condition
of license. It is further provided that graduates of any sectarian
school of medicine who profess to practice medicine according to
the tenets of said schools shall fulfill all the conditions of the board
and of the State board of education, save that they may be
exempted from taking the examination of the regulars on practice of
medicine, materia medica and therapeutics. A license to practice
such sectarian school of medicine shall not permit the holder there-
of to administer drugs or practice surgery unless he has qualified
himself so to do by examination before the board, nor shall it per-
mit members of such sectarian schools now practicing in this State
to perform surgery with the use of instruments unless they satisfy
the board that they have had adequate clinical facilities at their
respective colleges of graduation, or by hospital work, to enable
them to perform such operations.

Section 1619. Definition of chiropody.—The word chiropody shall
for the purpose of this chapter, include the term pediatrist, and be
held to be the medical, mechanical or surgical treatment of the local
ailments of the human hand or foot, except the correction of de-
formities through the use of the knife, amputation of the foot, hand,
toes, fingers, or incisions involving deep structures or the use of
anaesthetics other than local.

Section 1621. Examination of applicants to practice chiropody.—
All persons desiring to practice chiropody in this State from this
date not now licensed, shall be examined by the State board of
medical examiners on the following subjects: anatomy and phy-
siology of the feet, pathology, materia medica, therapeutics, chem-
istry, minor surgery, and bandaging, and shall submit evidence,
verified by oath, to the board that they are twenty-one years of
age or over, of good moral character, and have been graduated from
a school of chiropody, or equivalent institution recognized by said
board, having a minimum requirement of two scholastic years’
course of at least eight months each. The educational requirements
admitting persons to take examinations shall be equivalent to a
grammar school and four years’ high school course. The places at
which examinations will be held and the dates thereof shall be
fixed by the State board of medical examiners. The fee charged
for examination shall be twenty dollars. It shall be unlawful for
any person to designate himself or his occupation by the use of any
words or letters or trade diplomas calculated to lead others to be-
lieve that he is a chiropodist or foot specialist unless he is duly
licensed as provided by law. |

Section 1622. Any person shall be regarded as practicing medicine
within the meaning of this chapter (1) who opens an office for such pur-
pose, or announces to the public in any way a readiness to practice medi-
cine in any county or city of the State, or prescribe for, or give surgical
assistance, diagnoses or treats, heals, cures, or relieves those suffering
from injury or deformity or disease of mind or body, or advertises, or
announces to the public in any manner a readiness or ability to heal,
cure or relieve those who may be suffering from injury or deformity,
or disease of mind or body for a compensation; (2) or who shall
use in connection with his name the words of letters “Dr.,” “Doc-
tor,” “Professor,” “M. D.” or “Healer,” or any other title, word,
letter or designation intending to imply or designate him as a prac-
titioner of medicine in any of its branches, or of being able to heal.
‘cure, or relieve those who may be suffering from injury or deformity
or disease of mind or hody. This section shall also apply to cor-
porations.

Section 1623. Any person practicing medicine, homeopathy,
osteopathy, chiropractic or chiropody in this State in violation
of the provisions of this chapter, shall, upon conviction thereof,
be fined not less than fifty dollars nor more than five hundred dol-
lars for each offense, and in addition may be imprisoned in the jail
of the county or city in which convicted, for a term not exceeding
six months, and for a second offense the punishment shall le a-tine
of not less than fifty dollars, or more than five hundred dollars and
imprisonment of not less than thirty days nor more than one hun-
dred and eighty days, and each day of such violation shall constitute
a separate offense; and in no case shall the violator be entitled to
recover anything for the services rendered. It shall be the duty
of the clerk of the circuit court of the county or the clerk of the
corporation court of the city wherein such conviction is had, to re-
port the fact of the same to the board of medical examiners, who
shall thereupon annul the license of the person convicted, if said
person was a licensed practitioner.

Section 1639. No surgeon or physician shall directly or in-
directly share any fee charged for a surgical operation or medical
services with a physician who brings, sends or recommends a pa-
tient to such surgeon for operation, or such physician for such
medical services; and no physician who brings, sends, or recom-
mends any patient to a surgeon for a surgical operation or medical
services shall accept from such surgeon or physician any portion ot
a fee charged for such operation. Any physician or surgeon vio-
lating the provisions of this section shall be guilty of a misde-
meanor.

Section 1620 is hereby repealed.