Chap. 188.—An ACT to amend and re-enact section 1614 of the Code of Virginia,
as amended, and to further amend the Code of Virginia by adding thereto a
new section numbered 1614-a, regulating the practice of medicine. [S B 270]

Approved March 22, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tion sixteen hundred and fourteen of the Code of Virginia, as amended
be amended and re-enacted, and that the Code of Virginia be further
amended by adding thereto a new section numbered sixteen hun-
dred and fourteen-a, which amended section and new section shall
read as follows:

Section 1614. The State board of medical examiners, or any
member thereof, shall have power at any time to inquire into the
identity of any person claiming to be a licensed or registered prac-
titioner, and after due service upon such person of a notice in writing,
require him to make reasonable proof, satisfactory to the board,
that he is the identical person licensed to practice medicine, homeop-
athy, osteopathy, chiropractic and chiropody, under the license by
virtue of which he claims the right to practice.

The board or any member thereof may investigate any person
practicing or attempting to practice medicine, homeopathy, osteop-
athy, chiropractic and chiropody in this State, and may require such
person to produce his certificate granted by the board, or document
sufficient to establish his right to practice medicine, homeopathy, oste-
opathy, chiropractic and chiropody under this chapter.

In case any such person fails or refuses to establish his identity
or fails or refuses to prove his right to practice, the investigator
shall report the case to the Commonwealth’s attorney 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 attor-
ney 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.

The circuit court of the county wherein the offense is committed
shall have original jurisdiction concurrent with the justices of the
said county in the trial of such person for such offense, and the cor-
poration courts of the several cities of this Commonwealth shall have
original jurisdiction concurrent with the police justices of such cities.

Section 1614-a. The State medical examining board may refuse
to admit to examination or reciprocity, or to grant a certificate pro-
vided for in this chapter, and may revoke or suspend a certificate,
to or of a person of dishonorable, or immoral character, or to a person
who is grossly ignorant or careless in his practice, or who commits
an unprofessional act.

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

(a) A practitioner of medicine, homeopathy, osteopathy, chir-
opractic or chiropody, who is euilty of any crime involving moral
turpitude or who is guilty of any fraud or deceit by which he was ad-
mitted 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 improb-
able or extravagant statements are made, or which have a tendency
to deceive or defraud the public, or impose upon credulous or ignorant
persons, or in which mention is made in such advertisements of ve-
nereal diseases or disorders of the genitourinary organs, or chronic
ailments.

(f{) Violations of section sixteen hundred and thirty-nine of the
Code.

(¢) 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.

In case an applicant is refused admittance to examination before
said board, or is refused a certificate by said board, the said applicant
may appeal to the circuit court of the county, or the corporation court
of the city, in which he resides, for a writ requiring the said board
to show cause why the admittance or certificate was refused. In such
case, after due service of process, the member of the board residing in
the congressional district in which said court is located shall appear as
party defendant. The burden of proof shall be upon the petitioner
to establish his right to be examined or to be granted a certificate.
It shall be the duty of the Commonwealth’s attorney of said county
or corporation to appear on behalf of the said 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.

In the matter of revoking or suspending the certificate of a prac-
titioner of medicine, homeopathy, osteopathy, chiropractic or chir-
opody, the member of said board residing in the congressional dis-
trict in which the said practitioner resides shall present to the said
board in writing charges against the character or conduct of the
said practitioner. If upon considering such charges the said board
is of the opinion that a prima facie case has been made out the board
shall appoint a time and place for a hearing thereon; no such hear-
ing shall be held until said practitioner shall have been given at least
ten days written notice of the time and place thereof, which notice, to-
gether with a copy of said charges, shall be served on him in accord-
ance with the provisions of section sixty hundred and forty-one of
the Code of Virginia. __

The practitioner shall have the right of attendance upon the hear-
ing and to be represented by counsel; and to summons witnesses
whose attendance the said board has the right to command. The
cost of such counsel and the attendance of the said witnesses shall
be upon the practitioner. The failure of the practitioner under
charges to attend or his failure to defend himself, shall not serve to
delay or avoid the proceedings.

The said board shall have the power to employ counsel, and a
stenographer, and to summons witnesses, all of which shall be paid
out of the State treasury.

Not less than nine (9) members of the said board shall sit as the
hearing body, and the affirmative vote of not less than three-fourths
of members in attendance shall be necessary to revoke or suspend
a certificate.

The proceedings of the hearing shall be recorded formally, and
be certified by the president and secretary of the said board.

In case the certificate be revoked or suspended, the practitioner
affected may appeal from the decision of the board to the circuit
court of the county or corporation court of the city within whose
jurisdiction he resides, for review. Pending the appeal, the said prac-
titioner shall not have the right to practice within the State.

The proceedings to review shall be begun by the filing of a petition
by such person in such court reciting the facts and making the said
board party defendant; whereupon, after the service of process upon
the member of said board residing in the congressional district in
which the said county or city is located, at least ten days before the
hearing, the judge of the said court, without the intervention of a
jury, shall proceed to review the issue, upon the record of the said
board.

The burden of proof shall be upon the practitioner to establish
his right 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 de-
fend the said action before the court. ,

The judgment of the court upon the issue reviewed shall be final.

Where the license of any person has been revoked, or his registra-
tion has been annulled as herein provided, the board may, after the
expiration of three months, upon the payment of a fee of five dollars,
entertain an application for a new license, and in like manner as orig-
inal applications for licenses are entertained. Upon such new appli-
cation the board may, in its descretion, exempt the applicant from the
necessity of undergoing an examination.