Chap. 102.—An ACT to amend the Code of Virginia by adding thereto a new section
numbered 5073-a, requiring, as a prerequisite to the issuance of marriage li-
censes, certain serological tests, physician’s statements and reports as to sero-
logical tests, prescribing by whom such statements, reports and tests shall be
made, prescribing the powers and duties of clerks, the State Department of
Health and the State Health Commissioner with reference thereto, requiring
certain precautions and medical treatments, prohibiting the refusal to issue
such marriage license under certain conditions, and prescribing penal for

HB

violations. 7]
Approved February 28, 1940

1. Beit enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section num-
bered five thousand seventy-three-a, which new section shall read as
follows:

Section 5073-a. Tests, examinations and reports prerequisite to
issuance of marriage licenses; when medical treatment required;
penalties.—(a) It shall, on and after the first day of August, nineteen
hundred and forty, be unlawful for the clerk of any court to issue a
marriage license until there shall have been filed with him, by or on
behalf of each of the two persons for whom the license is desired, a
statement signed by a physician, stating, without disclosing any
medical findings, that as to such person such test, or tests and exami-
nation have been made, and such medical history obtained, as are
required by this section to determine whether there is evidence of
syphilis, and that the information required by sub-section (b) of this
section as to each such test, examination and medical history has
been filed with or transmitted to the State Department of Health
by the said physician. A standard serological test shall be made as
to each such party for whom the marriage license is desired; if any
such test indicates that any such person has syphilis, and only in
such event, the test shall be repeated, a physical examination of
such person shall be made, and the medical history of such person
shall be obtained. In the event the serological test does not indicate
evidence of syphilis, the statement required to be filed with the clerk
may be signed by the physician who caused the test to be made; if
such initial test indicates evidence of syphilis, the said statement
shall be signed either by the physician who made, or caused to be
made, the said tests and examination and who obtained, or caused
to be obtained, the medical history required by this section, or by a
physician to whom a report or reports of such tests, examination and
medical history have been made.

- (b) Before the said physician shall sign any such statement as
is required by sub-section (a) of this section, he shall file with or
transmit to the State Department of Health, the report, or a duplicate
copy of the report, of the serological test made for the party referred
to in such statement, and in addition thereto a statement showing
whether such test or tests, history and physical findings, or any of
such, indicate as to such person evidence of syphilis. If any such
serological test, on being repeated, or the history or physical findings,
as to any person, indicate evidence of syphilis, the said physician
shall in person inform both such persons and the other party for
whom the marriage license is desired of the result of such test or
tests, the nature of the disease and the possibilities of transmitting
the disease to the marital partner of such person and to their children,
and shall in the statement filed with or transmitted to the State
Department of Health state that such has been done.

(c) If test or tests, history and physical findings, or any of such,
shall indicate that any person has syphilis and such person shall
thereafter marry and either remain in, reside in, or return to this
State, such person and the spouse of such person shall thereby be
deemed to have agreed to take, so long as indication of syphilis re-
mains, such treatments for the cure of such infection, and such pre-
cautions to prevent the spread of such infection, as shall be pre-
scribed by the State Health Commissioner. Any physician adminis-
tering any such treatment to any such person or to the spouse of
any such person shall furnish to the State Health Commissioner such
information with reference to the treatments given and any failure or
refusal to continue the same as may be required by the said Commis-
sioner. If any such person shall fail or refuse to take or continue
any treatments or precautions prescribed, such person shall be guilty
of a misdemeanor and upon conviction shall be punished accordingly;
in addition to such punishment the court or judge, trying or before
whom the case is tried, shall require that such person take, so long as
indication of syphilis remains as to either spouse, such treatment for
the cure of such infection, and such precautions to prevent the spread
of such infection, as shall be prescribed by the State Health Com-
missioner.

(d) Serological tests required by this section shall be made by
the State Department of Health or by a laboratory approved for
such purpose by the State Health Commissioner; serological tests
used shall be such as are approved by the State Health Commissioner;
no charge shall be made for any such tests made by the State De-
partment of Health. The physician’s statements required by this
section may be made, for any person unable to afford the services of
a private physician, by any venereal disease clinic physician or any
county, city or town health officer, who is also a registered physician;
when so made no charge shall be made therefor by any such venereal
disease clinic physician or health officer. The serological test and
the physician’s statements required by this section as to any person
shall be made not more than thirty days before the issuance of any
marriage license to such person.

(e) Reports and statements filed with or transmitted to the
State Department of Health, by physicians, in accordance with the
provisions of this section, shall except in so far as the State Board
of Health or the State Health Commissioner may provide otherwise
in order to effect the purposes of this section, constitute and be
treated as confidential records of the Department of Health.

(f) Any person who shall issue any marriage license in violation
of the provisions of this section, or who shall knowingly or wilfully
make any false statement in any physician’s statement or in any
report required by this section, or who shall without authority change
or alter any such statement or report, or who shall knowingly or
wilfully file or attempt to file with the clerk of any court, for the
purpose of having issued hereunder a marriage license, any state-
ment not made by the person by whom the same purports to have
been made, or who shall knowingly or wilfully file or attempt to
file with, or transmit or attempt to transmit to, the State Depart-
ment of Health any statement or report not made or issued by the
person by whom the same purports to have been made or issued,
shall be guilty of a misdemeanor and upon conviction shall be pun-
ished by a fine not less than fifty dollars and not more than three
hundred dollars, or by confinement in jail not less than ten days and
not more than ninety days, or by both. It shall be the duty of at-
torneys for the Commonwealth to enforce the provisions of this
section.

(g) The requirements contained in this section with reference
to the issuance of marriage licenses shall be in addition to all other
requirements provided by law; but no clerk shall refuse to issue a
marriage license to any person because of any indication of syphilis
disclosed by any test, report or statement made or issued as to such
person pursuant to the provisions of this section, any other provision
of law to the contrary notwithstanding.

(h) The term “physician’”’ as used in this section means one
who holds a certificate or license to practice medicine, such certificate
or license having been issued by the Medical Examining Board of
this State or a similar board or authority of some other state, territory
or country, or of the District of Columbia.

2. If any provision of this act, or the application thereof to any
person or circumstance, is held invalid, the remainder of this act and
the application of such provision to other persons or circumstances
shall not be affected thereby.