An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1944 |
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Law Number | 195 |
Subjects |
Law Body
Chap. 195.—An ACT to repeal sections 1608 to 1623, both inclusive (including
sections 1614-a and 1615-a), of the Code of Virginia, as amended, the said
sections relating to the practice of medicine, and to amend the Code of Vir-
ginia by adding thereto and inserting in chapter 68 thereof in lieu ot the sec-
tions herein repealed 17 new sections numbered 1608 to 1623, both inclusive.
and section 1613-a, defining and regulating the practice of the healing arts ia
the State of Virginia. [H 29]
Approved March 11, 1944
1. Beit enacted by the General Assembly of Virginia:
That sections sixteen hundred and eight to sixteen hundred and
twenty-three, both inclusive (including sections sixteen hundred and
fourteen-a and sixteen hundred and fifteen-a), as amended, be and the
same are hereby repealed.
2. Be it further enacted by the General Assembly of Virginia, That
the Code of Virginia be amended by adding thereto and inserting in
chapter sixty-eight thereof in lieu of the sections herein repealed seven-
teen new sections numbered sixteen hundred and eight to sixteen hundred
and twenty-three, both inclusive, and section sixteen hundred thirteen-a,
which new sections shall be as follows
Section 1608. Unlawful to practice without certificate or license.—
Except as otherwise provided in section sixteen hundred and twenty-one
of this chapter, it shall be unlawful for any person to practice medicine.
homeopathy, osteopathy, chiropractic, naturopathy or chiropody, or anv
other school or branch of the healing arts in the State of Virginia without
a valid unrevoked certificate or license authorizing such practice issued
by the board of medical examiners pursuant to the provisions of this
chapter and duly recorded as hereinafter provided ; and it shall be unlaw-
ful for any person who holds a valid unrevoked certificate or license per-
mitting him to practice in Virginia to practice the school or branch of
the healing arts for which he holds such certificate or license except
within the scope of the definition of such practice contained in section
sixteen hundred and nine of the Code of Virginia.
The provisions of this section shall not be construed to prevent or
prohibit any person entitled to practice his or her profession under any
prior law at the time such section ts enacted from continuing such practice
within the scope of the definition of his particular school of practice
contained herein notwithstanding such enactment, but in all other respects
the provisions of this chapter shall be applicable.
Section 1609, Definitions —Whenever used in this chapter unless
expressly stated otherwise:
(a) The term “board” means the board of medical examiners for
the State of Virginia.
(b) The term “the healing arts” means the art or science or group
of arts or sciences dealing w ith the prevention and cure or alleviation ot
human ailments, discases or infirmities, and has the same meaning as
“medicine” when the latter term 1s used 1n its comprehensive sense.
(c) The term “practice of medicine” means the treatment of human
ailments, diseases, or infirmities by any means or method,
(d) The term “practice of homeopathy” means the treatment of
human ailments, diseases or infirmities by any means or method.
(e) The term “practice of osteopathy’’ means the treatment of
human ailments, diseases or infirmities by any means or method other
than surgery or drugs, provided however that if a duly licensed osteopath
has satished the board of medical examiners that he has had adequate
clinical experience at the professional school from which he graduated,
or hospital work, to enable him to perform surgery with the use of instru-
ments, or has satisfied the board by an examination that he is qualified
to administer drugs or practice surgery, then the term “practice of
osteopathy” as applied to such person shall include the use of surgery
or of drugs as the case may be.
(f) The term “practice of chiropractic” means the adjustment of the
twenty-four movable vertebrae of the spinal column, and assisting nature
for the purpose of normalizing the transmission of nerve energy. It does
not include the use of surgery, obstetrics, osteopathy, nor the administra-
tion nor prescribing of any drugs, medicines, serums or vaccines.
(g) The term “practice of naturopathy’? means the treatment of
human ailments, diseases or infirmities by means of heat, light, diet.
massage, baths and other natural agents, but does not include the use of
surgery, the X-ray, X-ray therapy, electrotherapeutics, obstetrics, osteo-
pathy, or the prescribing of any drug or medicine.
(h) The term “practice of chiropody” means the medical, mechani-
cal or surgical treatment of local ailments of the human hand or foot, but
does not include the correction of deformities by surgery, the amputation
ot the hand, finger, foot or toe, the making of incisions involving deep
structures, or the use of other than local anesthetics.
Section 1610. Board of Medical Examiners; how constituted ; term
of office; powers and duties——(a) The board of medical examiners
for the State of Virginia is continued and shall consist of one regular
physician from each congressional district, and one homeopath, one
osteopath, two chiropractors and one naturopath from the State at large.
The term of office of the members of the board shall be five years, or until
their successors are appointed and have qualihed, and they shall be men
learned in their particular school of practice and duly licensed, active
practitioners in this State. The appointment and qualification of the first
two chiropractors and the first naturopath as members of the board shall
have the effect, if they are not already licensed, of granting them the
five year license provided for in section sixteen hundred thirteen-a. The
term of members of the board in office when this amendment takes effect
shall expire on June thirty, nineteen hundred forty-four, and their suc-
cessors and the new members authorized herein shall be appointed by the
Governor, as follows: one homeopath, one chiropractor and one regular
physician shall be appointed for terms to expire five vears, one osteopath,
one naturopath and two regular physicrans for terms to expire tour vears,
three regular physicians for terms to expire three vears, two regular
physicians and one chiropractor for terms to expire two vears, and one
regular physician for a term to expire one year, from June thirty, nine-
teen hundred forty-four.
Thereafter as the terms of office respectively of the members expire by
limitation the Governor shall appoint, to fill the vacancies so occasioned,
qualified persons whose terms shall be for five years from the day on
which that of their immediate predecessors expired. All vacancies oc-
curring on the board shall be filled by the Governor.
(b) The Governor may select the regular physicians from a list of at
least three names for each vacancy to be recommended by the Medical
Society of Virginia, and the homeopath, osteopath, chiropractor and
naturopath members, respectively, from a list of at least three names for
each such vacancy to be nominated to him or to the Governor-elect by
June one of each year by their respective State societies. In no case
shall the Governor be bound to make any appointment from among the
nominees of the respective societies. The Governor shall promptly notify
the society, which may make nominations, of any vacancy other than by
expiration among the members of the board representing the particgilar
profession and like nominations may be made for the filling of the va-
cancy.
No person, except the secretary of the board, shall be eligible to serve
for or during more than two successive terms, and incumbency during
the current term when this amendment takes effect constitutes the first of
the two successive terms with respect to eligibility to appointment.
The Governor may remove any member for misconduct, incapacity,
or neglect of duty, and he shall be the sole judge of the sufficiency of the
cause for removal. He shall report every such removal at once to the
General Assembly if it is in session, and if not at the beginning of the
next session. Recommendations shall be by the vote of the majority
present at the meeting of the respective societies, and shall be certified
to the Governor by the president and secretary of the society making the
recommendation. If any member of the board ceases to reside in the dis-
trict from which he was appointed, his office shall be deemed vacant.
(c) The members of the board shall qualify by taking the usual oath
of office before the circuit court of the county or corporation court of the
city in which they respectively reside, or before the judge thereof in
vacation. The officers of the board shall be a president, vice-president
and a secretary (who shall also act as treasurer), who shall be members
of and selected by the board. Regular meetings of the board shall be held
at such times and places as the board shall prescribe, and special meet-
ings may be held upon the call of the president and any five members,
but there shall be not less than one regular meeting each year. Five
members of the board shall constitute a quorum, The board. may pre-
scribe rules and regulations and by-laws for its own proceedings and
government and representatives of each branch of the healing arts
examined hereunder shall prescribe rules and regulations and by-laws
for their own proceedings and government, and for the examination of
candidates taking Part II of the examination on the practice of the
branch of the healing arts which they represent, including the scope of
the examination, except that the medical members and the osteopath and
the homeopath examiners shall jointly prescribe the scope of the exami-
nation for the alopathic, homeopathic and osteopathic examinations.
Due notice of each examination shall be given by publication in such
papers as may be selected by the board. The board, or any committee
thereof, may employ counsel, shall have the power to compel attendance
of witnesses and administer oaths, and may take testimony and proofs
concerning all matters within its jurisdiction. No by-laws or rule by
which the vote of a majority of the board is required for any specified
action shall be suspended or repealed by a smaller vote than that re-
quired for action thereunder.
Section 1611. Preservation of records; disposition of funds; com-
pensation of members.—(a) The board shall preserve a record of its pro-
ceedings in a book kept for that purpose, which shall show the name,
age, place and duration of residence therein of each applicant for a
license, the time spent in study in professional schools, and the year and
school of graduation. The record shall also show whether the applicant
was granted a certificate or rejected, and shall be prima facie evidence
of all matters contained herein. The secretary of the board shall, on the
first day of March of each year, transmit a copy of such record, together
with a photograph of each applicant granted a certificate, to the Super-
intendent of Public Instruction for permanent record, and copies of the
records, certified by the secretary of the board or such Superintendent,
shall be admissible as evidence in all of the courts of this State.
(b) The funds realized from all fees collected by the board shall
be accounted for and shall be paid into the State treasury. Each mem-
ber of the board, except the secretary, shall receive ten 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, with the approval of the Governor. The compensation and
expenses of the members and the necessary expenses of the board shall
be paid out of the State treasury, on requisitions signed by the president
and secretary of the board, and upon the warrants of the Comptroller.
Section 1612. Examinations in two parts; what they embrace and
how given.—(a) On and after the first day of July, nineteen hundred
and forty-four, the examination of candidates for certificates to practice
any branch or school of the healing arts except chiropody shall be in two
parts or sections and these shall be known as Part I and Part II. Part I
of the examination shall be given by the board and shall be taken and
passed by all applicants, except those desiring to be examined on chirop-
ody, irrespective of the particular school or branch of the healing arts
to which they adhere, and the examination given at any particular time
shall be the same for all candidates, the same subjects being included and
the same questions being asked. Part I of the examination shall em-
brace the subjects of anatomy, histology, pathology, physiology, bac-
teriology or microbiology, biochemistry, diagnosis, sanitation and hygiene.
No candidate shall be held to have passed Part I of the examination
unless he or she has made an average grade of seventy-five per cent or
more on the several subjects embraced therein, with no grade lower than
sixty per cent on any one subject.
Examinations shall be written or partly written and partly oral and
examination papers shall be preserved for a period of three years, after
which they may be destroyed.
(b) Part II of the examination, except as hereinafter provided,
shall be given by the board, and shall be taken by each candidate for
admission to practice and successfully passed with an average grade of
seventy-five per cent or more on the. several subjects embraced in the
examination, with no grade lower than sixty per cent on any one subject.
After the effective date of this act no candidate, unless excepted under
the provisions of section sixteen hundred and thirteen-a, shall be per-
mitted to take Part II of the examination until he or she has successfully
passed Part I thereof.
For candidates applying for certificates to practice medicine Part II
of the examination shall embrace the subjects of practice of medicine,
including pediatrics, neurology and psychiatry; surgery, including gyne-
cology; obstetrics, including embryology; materia medica and thera-
peutics ; and medical jurisprudence, public health and hygiene.
For candidates applying for certificates to practice homeopathy or
osteopathy Part II of the examination shall embrace the same subjects
as for candidates for certificates to practice medicine, except that prac-
tice of homeopathy or practice of osteopathy, as the case may be, shall be
substituted for practice of medicine, but the examination in either case
shall include the subjects of pediatry, neurology and psychiatry.
For candidates applying for certificates to practice chiropractic or
naturopathy, Part II of the examination shall embrace the subjects of
philosophy, practice, jurisprudence and therapeutics of their particular
school or branch of the healing arts. The questions for the examination
on philosophy, practice and therapeutics of the applicant’s particular
school of practice shall be prepared and the answers thereto shall be
graded by the member or members of the board representing such school
or branch of practice.
(c) Candidates desiring to practice chiropody in this State shall be
examined by the board on the following subjects only; anatomy and
physiology of the feet, materia medica, therapeutics, chemistry, and minor
surgery and bandaging. Such examinations shall not be divided, but
shall be given at a single session of the board, and an average grade of
seventy-five per cent on the several subjects shall be required for passing.
Section 1613. Requirements for admission to examinations.—The
board shall admit to Part I examination any candidate who pays a fee
of twelve dollars and fifty cents, and submits evidence verified by aff-
davits and satisfactory to the board that he or she:
(a) Is nineteen years of age or more, and has not at any time been
guilty of unprofessional conduct as defined in section sixteen hundred
and nineteen.
(b) Is of good moral character.
(c) Has completed successfully at least a two year academic course
in an accredited college, except that prior to December thirty-one, nine-
teen hundred forty-six, an applicant signifying the purpose of taking the
chiropractic or naturopathic examination may be admitted if a high
school graduate.
(d) Has studied medicine or another school or branch of the heal-
ing arts at a recognized professional school for not less than two years,
including two satisfactory courses of at least eight months each in two
different calendar years, or the full equivalent of such courses. The
candidate must have successfully completed in such school or schools
the subjects embraced in the Part I examination. The school must be
registered with the State Board of Education of Virginia as maintaining
at the time of such study a standard satisfactory to the board, which
standards shall be based upon the gradings of the following associations:
For medical schools, the American Medical Association ; for homeopathic
schools, the American Institute of Homeopathy ; for osteopathic schools,
the American Osteopathic Association; for chiropractic schools, the In-
ternational Chiropractors Association or the National Chiropractic As-
sociation, Incorporated ; for naturopathic schools, the American Naturo-
pathic Association.
Virginia medical schools and Virginia medical students shall not be
discriminated against by the registration of any medical school out of
the State having a minimum graduation standard less than that fixed
for Virginia medical schools. The board may, in its discretion, accept
as the equivalent of the first year of requirement (d) evidence of grad-
uation from a registered college course, provided such course shall in-
clude the minimum requirements prescribed by the board and the State
Board of Education for such admission to advanced standing.
The board shall admit to Part II examination for an additional fee
of twelve dollars and fifty cents any candidate who has successfully passed
Part I examination, or the board may, in its discretion, accept as the
equivalent of all or any part of requirements (c) and (d) five or more
years of legal and reputable practice and admit the candidate to Part II
examination without taking Part I examination. In addition to these
requirements each candidate for Part II examination must be twenty-
one years of age or older, must meet requirements (a) and (b), and
must submit evidence verified by affidavit and satisfactory to the board
that he or she:
(e) Has studied for not less than four school years that branch
of the healing arts in which he desires a certificate to practice, including
four satisfactory courses of at least eight months each in four different
calendar years, or for not less than thirty-two months with four equiva-
lent satisfactory courses of at least eight months each, in a school or
schools registered with the State Board of Education as maintaining at
the time of such study a standard satisfactory to the board, which stand-
ards shall be based upon the gradings of the respective associations and
determined in the same manner as in requirement (d) hereof.
(f{) Is a graduate of and has received a degree or certificate of
graduation from a professional school registered with the State Board
of Education as herein provided.
If the candidate is a graduate of a school of a foreign country he or
she must exhibit a diploma, license or certificate conferring the full right
to practice in that country. In the event such candidate is excused
from taking the Part I examination because of five or more years of
legal, reputable practice, all other requirements shall be met, including
the full period of study leading to the professional degree and the passing
of the Part II examination given by the board.
When an applicant has failed to pass any examination he may be
admitted to another similar examination once within one year without
the payment of an additional fee.
Section 1613-a. Provisions as to chiropractors and naturopaths al-
ready practicing.—(a) Any person applying for a certificate to practice
chiropractic or naturopathy under this section shall obtain from the
circuit or corporation court of the county or city of his residence, or from
the judge in vacation, a certificate that he is a person of good moral
character, that no judgment for malpractice has been rendered, and that
no such proceeding is then pending against him. This certificate shall
not be granted until notice signed by the applicant has been posted for
ten days at the front door of the court house, stating the time and place
at which the court or judge will be asked to grant the cerificate. Any per-
son shall have the right to appear and oppose the granting of the ap-
plication.
(b) Within six months from the effective date of this act, chiro-
practors (other than those licensed under previous acts of the Assem-
bly) and naturopaths, who have been practicing in this State for a period
of one year prior to July one, nineteen hundred forty-four, may apply
to the board for a license to continue their practice, which application
shall be passed on by the member, or members, of the board representing
such branch of practice. If the applicant presents the certificate of
character referred to in paragraph (a) and other evidence of fitness to
practice satisfactory to such member, or members, of the board, the
board shall issue a license to practice in their respective branch for a
period of five years or until December thirty-one, nineteen hundred forty-
nine. Any practitioners in these schools, who at the time this act takes
effect, are in the service of their county, but who were engaged in such
practice in this State at the time of entering the service, may similarly
make application for license within six months after receiving an honor-
able discharge from the service, and the application shall thereupon be
considered as if made prior to December thirty-one, nineteen hundred
forty-four.
(c) <Any practitioner licensed as provided in this section may, prior
to December thirty-one. nineteen hundred forty-nine, apply for and after
passing examinations Part I and Part II as provided in sections sixteen
hundred eight through sixteen hundred twenty-three hereby added to the
Code be awarded a license to practice in his respective branch of the
healing arts. If any practitioner fail to so qualify prior to December
thirty-one, nineteen hundred and forty-nine, license issued under this
section shall be revoked unless he shall qualify for renewal of license
as follows:
(d) Special board for examining certain applicants.—There is
hereby created a Special Board of Examiners in Basic Science, to con-
sist of three members appointed by the Governor prior to July first nine-
teen hundred forty-four, from the faculties of the accredited colleges
and universities in the State, none of whom shall be a practitioner of
any branch of the healing arts. Appointments shall be made for five
year terms, with vacancies filled for the unexpired terms, and the Gov-
ernor may remove any member for cause. The board shall cease to exist
on July first, nineteen hundred forty-nine. Each member of the board
shall receive ten dollars per day for each day actually employed in the
discharge of his duties, together with all necessary expenses incurred.
The compensation and expenses of members and the necessary expenses
of the board shall be paid out of the State treasury on warrant of the
Comptroller issued on vouchers signed by a member of the board au-
thorized so to do. The board shall conduct an examination in November
of each year in the City of Richmond on the following basic science sub-
jects: anatomy, bacteriology, elementary chemistry, pathology and phy-
siology. The fee for taking the examination shall be twelve dollars and
fifty cents, which shall be paid before the examination is given and shall
be deposited by the board in the State treasury. The board may adopt
rules for its procedure and for the conduct of the examination.
(e) Any person not less than twenty-one years of age who pro-
duces satisfactory evidence before the special board hereby created that
he is of good moral character and a graduate of a recognized school of
chiropractic or naturopathy and that he was (1) a practicing chiro-
practor or a practicing naturopath in the State of Virginia on July first,
nineteen hundred forty-four, and for the twelve month period immedi-
ately preceding, or (2) was in the military or naval service of the United
States on the effective date of this act and was a practicing chiropractor
or naturopath in the State of Virginia at the time of entering such service,
may, in lieu of the Part I examination given by the Board of Medical
Examiners, take the examination given by the Special Board of Examin-
ers hereby created. No such person shall take any special examination
provided for herein unless he shall have, prior to November first, nine-
teen hundred forty-four, furnished to the board satisfactory evidence of
his eligibility under this section, provided, however, that if such person
is in the military or naval service on the effective date of this act, he may
establish his eligibility at any time within six months after leaving such
service. The Special Board shall determine the eligibility under this sec-
tion of applicants to be examined. It shall prepare and give the examina-
tions to applicants and grade the answers, and shall award a certificate
of proficiency to any applicant making an average grade of fifty per cent
on the basic science subjects named herein, which certificate shall au-
thorize the applicant to take Part II of the examination provided for in
the preceding sections of this chapter, and upon passing such examina-
tion, to receive a certificate to practice chiropractic or naturopathy, as
the case may be. Any applicant who fails on an examination may take
other examinations upon paying the fee required therefor. No applicant
who applies for and 1s accepted as eligible to take the examination given
by the Special Board shall be prosecuted for or enjoined from practicing
chiropractic or naturopathy without a license prior to July first, nineteen
hundred forty-nine, but in all other respects shall be subject to the
applicable requirements of the preceding sections of this chapter.
Section 1614. Requirements for admission to examination on chirep-
ody; certain designations unlawful—(a) Examinations of applicants
to practice chiropody shall be in one part, and shall include the sub-
jects named in section sixteen hundred and twelve hereof. Each can-
didate must submit evidence, verified by affidavit and satisfactory to the
board, that he or she is twenty-one years of age or over, is of good
moral character, and is a graduate of a school of chiropody, or an equiva-
lent institution approved by the board, having a minimum requirement
for graduation of two school years in attendance, including two satis-
factory courses of at least eight months each. The academic require-
ments admitting candidates to examinations on chiropody shall be the
full equivalent of a grammar school and a four year high school course.
The places at which examinations will be held and the dates thereot
shall be fixed by the board, and the fee for the examination shall be
twenty dollars.
(b) It shall be unlawful for any person to designate himself or his
occupation by the use of any words or letters or trade diploma having
a tendency to lead others to believe that he is a chiropodist or foot spe-
cialist unless he has been duly admitted to such practice as provided by
law.
Section 1615. Preliminary education of applicants for degree of
bachelor or doctor of medicine.—The degree of bachelor or doctor of
medicine shall not be conferred in this State until the candidate has filed
with the institution conferring it the certificate of the State Board of Edu-
cation that before beginning the first annual meclical course counted
toward 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
State Board of Education as fully equivalent. or held a State Board of
Education medical student certificate. or passed State Board of Education
examinations securing sufficient academic counts, in accordance with the
standards of the Association of American Medical Colleges, the Council
on Medical Education of the American Institute of Homeopathy, or the
American Osteopathic Association, respectively, or their full equivalent.
Section 1616. Conduct of examinations.—All examinations shall be
conducted in writing, together with practical tests when the majority of
the board giving the particular examination deem these necessary, 1n
such manner as shall be entirely fair and impartial to all individuals
and every school or branch of the healing arts. The applicants shall be
known only by numbers, without names or other method of tdentifica-
tion on examination papers by which members of the board may be
able to identify such papers until after the applicants have been granted
or refused certificates. Upon completion of satisfactory examinations
under the rules of the board, applicants shall be granted certificates to
practice medicine, homeopathy, osteopathy, chiropractic, naturopathy, or
chiropody, as the case may be, and each certificate shall show plainly on
its face the school or branch of the healing arts in which the holder thereof
is permitted to practice. All certificates shall be attested by the signature
of the president and secretary of the board, respectively.
Chiropractors when using the title “Doctor” or “Dr.” in connec-
tion with their names shall also use the word “Chiropractor” or ‘‘D. C.”,
but the title “Doctor” or “Dr.” shall not be used alone.
Naturopaths when using the title “Doctor” or “Dr.” in connection
with their names shall also use the word “Naturopath” or “D. N.”, but
the title “Doctor” or “Dr.” shall not be used alone.
Section 1617. Reciprocity with other states; temporary certificates ;
lost certificates—(a) The board may, in its discretion, arrange for
reciprocity with the authorities of other states, territories and countries
having requirements equal to those established by this chapter, and issue
certificates to applicants who have met such requirements. The board
inay, in its discretion, issue certificates to applicants upon endorsement
by boards or other appropriate authorities of states with which reciprocal
relations have not been established, provided the credentials of the ap-
plicants are satisfactory and their schools of graduation and the exami-
nations and passing grades required by such other boards are fully equal
to those required by the Virginia board, and to applicants holding cer-
tificates from the National Board of Medical Examiners.
The fee for any certificate shall be fifty dollars, which shall be paid
to the secretary of the board before the certificate is granted.
(b) The president of the board may, upon recommendation of a
reciprocity committee established within the board of medical examiners,
issue temporary certificates to such applicants as are entitled thereto un-
der this paragraph (b) when the board is not in session. Such temporary
certificates shall be valid until the next regular session of the board, at
which session the holder thereof shall, unless excused by the board for
cause, appear in person before the reciprocity committee and upon its
approval be granted a certificate in due form. Only one tee shall be
charged for the two certificates.
(c) Any legal practitioner who has lost a certificate granted by the
board may obtain a duplicate certificate by paving to the secretary of the
board a fee of one dollar, which duplicate certificate shall be registered
as if it were an original.
Section 1618. Registration of certificates and licenses.—(a) Every
certificate or license to practice medicine, homeopathy, osteopathy, chiro-
practic, naturopathy and chiropody, granted under the provisions of this
chapter shall, before the holder thereof begins to practice thereunder,
be presented by him to the clerk of the cireuit court of the county or the
corporation court of the citv wherein such practice 1s to be carried on.
The clerk of each such court shall keep a book for the purpose, entitled
the “Medical Register". and shall set apart one full page therein for the
registration of each certificate holder or licensee. and he shall record
therein the name, residence, place and date of birth, and source, number
and date of the certificate or license to practice, and the school of practice
to which the certificate holder or licensee professes to belong. Each
certificate holder or licensee shall subscribe and verify under oath the
matters above mentioned when the same have been so recorded, and if the
verification is wilfully false, he shall be subject to conviction and punish-
ment for false swearing as provided by law. The fact of such oath and
record shall be endorsed by the clerk upon each certificate or license
presented, and the clerk shall receive the sum of one dollar for each
certificate holder or licensee so registered, which shall be his full com-
pensation for all duties required under this chapter. The holder of any
such certificate or license shall have the same recorded upon each change
of residence to another county or city, and the absence of such record
shall be prima facie evidence of the want of possession of such certificate
or license.
(b) When any certificate holder or licensee shall die or remove from
the county or city, or have his certificate or license revoked, it shall be the
duty of the clerk to make a note of the facts at the bottom of the page
of the said register as closing his record. On the first day of January
in each year each such clerk shall, on the request of the board, certify
to the secretary thereof a correct list of the certificate holders and licenses
then registered in his county or city, together with such other informa-
tion as the board may require.
(c) In such counties and cities as: require a yearly license issued
by the commissioner of the revenue or other officer, it shall be the duty
of the commissioner or other officer to require the licensee to furnish a
certified statement that he has registered his certificate or license in ac-
cordance with this section, and in the absence of such statement it shall
be unlawful for the commissioner or officer to issue a license.
(d) Any clerk, commissioner of the revenue or other officer, upon
conviction of knowingly violating any provision of this chapter, shall be
fined not more than fifty dollars for each offense. A copy of that part
of the “Medical Register” pertaining to any person, certified by the
clerk under seal of the court, and a certificate issued by such clerk cer-
tifying that any person named has or has not registered in his office as
required by this chapter, shall be admitted as evidence in any court of
this State.
Section 1619. Grounds for refusal to admit to examination or re-
ciprocity or to grant certificate; revocation or suspension of certificate ;
procedure; appeals—(a) The board of medical examiners may refuse
to admit to examination or reciprocity or to grant a certificate or license
to, and may suspend or revoke any certificate or license held by, any
person who is of dishonorable or immoral character, or who 1s grossly
ignorant or careless in his practice, or who is guilty of unprofessional
conduct as herein defined. Any practitioner of medicine, homeopathy,
osteopathy, chiropractic, naturopathy or chiropody shall be considered
guilty of unprofessional conduct who |
(1) Is found guilty of any crime involving moral turpitude, or 1s
puilty of fraud or deceit in obtaining a certificate or license or in other.
wise obtaining admission to practice; or
(2) Is an habitual drunkard or habitually addicted to the use o:
morphine, cocaine or other drugs having a similar effect ; or
(3) Undertakes or engages in any manner or by any means what
soever to procure or perform a criminal abortion as defined by the law:
of this State; or
(4) Prescribes or dispenses any morphine, cocaine, or other nar
cotics or alcoholics with intent or knowledge that it shall be used other
wise than medicinally, or with intent to evade any law relative to the sale
use or disposition of such drug; or
(5) Issues, publishes, broadcasts by radio or otherwise, or dis
tributes or uses in any way whatsoever advertising matter in whicl
grossly improbable or extravagant statements are made, or which hav
a tendency to deceive or defraud the public or to impose upon credulou:
or ignorant persons, or in which mention is made of venereal diseases
disorders of the genito-urinary organs or chronic ailments; or
(6) Violates the provisions of section sixteen hundred and thirty
nine of the Code of Virginia; or
(7) Advertises or professes or holds himself out as being able anc
willing to treat human ailments under a system or school of practice othe:
than that for which he or she holds a certificate or license granted by
the board of medical examiners, or advertises that he can cure or trea
diseases and other human ailments by a secret method, procedure, treat
ment or medicine.
(b) In case an applicant is refused admittance to an examination
or is refused a certificate or license by the board, such applicant mai
apply to the circuit court of the county or the corporation court of th
city in which he resides, for a writ requiring the board to show caus
why the admittance or certificate or license was refused. In such cas
service of process may be had upon the member of the board residin;
in the congressional district in which the court is located, or, if for an
reason such service cannot be obtained, then upon any other membe
of the board wherever found. The burden of proof shall be upon th
petitioner to establish his right to be examined or to be granted a cer
tificate or license. It shall be the duty of the Commonwealth’s attorne:
of the county or corporation to represent the board in the proceeding
The judgment of the court upon the issue tried shall be final.
(c) In order to suspend or revoke the certificate of a practitione
of medicine, homeopathy, osteopathy, chiropractic, naturopathy, or chirop
ody, the member of the board, if any, residing in the congressional dis
trict in which the practitioner resides, or if there be no such membe
residing therein then any other member of the board, shall present to th
board in writing charges against the character or conduct of the prac
titioner. If upon considering such charges the board is of opinion tha
a prima facie case has been made out it shall appoint a time and plac
for a hearing thereon. No such hearing shall be held until the prac
tioner shall have been given at least ten days’ written notice of th
time and place thereof, which notice, together with a copy of the charges,
shall be served on him in accordance with the provisions of section sixty
hundred forty-one of the Code of Virginia.
The practitioner shall have the right of attendance upon the hearing
and to be represented by counsel, and to summon witnesses to testify in
his behalf at such hearing. The cost of employing such counsel and the
expense of obtaining attendance of the said witnesses shall be born by
the practitioner. The failure of the practitioner to attend, or his failure
to defend himself, shall not serve to delay or make void the proceedings.
The board shall have the power to employ counsel and a stenographer
and to summon witnesses, and the cost thereof shall be paid out of the
State treasury. Not less than nine members of the board, at least one
of-whom shall be of the same school as the practitioner or trial, shall sit
as the hearing body, and the affirmative vote of not less than three-fourths
of the members in attendance shall be necessary to revoke or suspend a
certificate or license. The proceedings at the hearing shall be recorded
formally, and be certified by the president and secretary of the board.
In case the certificate or license is suspended or revoked, the prac-
titioner affected may appeal from the decision of the board to the circuit
court of the county or the circuit or corporation court of the city within
whose jurisdiction he resides, for a review of such proceedings. Pend-
ing the application for review, the praetitioner shall not have the right
to practice within the State. The proceeding to review shall be begun
by filing a petition in such court reciting the facts and making the
board party defendant. Summons to the board to appear and answer
the petition shall be served upon the member of the board residing in
the congressional district in which the county or city is located, or if
there be no such member residing therein then upon any other member
of the board wherever found, at least ten days before the hearing. The
judge of the court, without the intervention of a jury, shall review the
action of the board upon the record made as herein provided. The bur-
den of proof shall be upon the practitioner to establish his right to prac-
tice. It shall be the duty of the Commonwealth's attorney of the county
or corporation to represent the board in the proceeding. The judgment
of the court upon the issue reviewed shall be final.
(d) Where the certificate or license of any person has been re-
voked as herein provided the board may, after the expiration of three
months and upon the payment of a fee of five dollars, entertain an ap-
plication for and grant a new certificate or license in the same manner
as original certificates or licenses are granted. The granting of a new
certificate or license shall require the affirmative vote of three-fourths of
the members at a mecting at which not less than nine members are in at-
tendance, and, in the discretion of the board, such certificate or license
may be granted without further examination.
Section 1620. Board may require proof of right to practice; prose-
cutions: jurisdiction: new certificates after revocation.—(a) The 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 practitioner, and may serve upon him a notice in writing
requiring him to make reasonable proof, satisfactory to the board, that
he is the identical person licensed to practice medicine, homeopathy,
osteopathy, chiropractic, naturopathy or chiropody, under the certificate
or license by virtue of which he claims the right to practice.
(b) The board or any member thereof may investigate any person
practicing or attempting or offering to practice medicine, homeopathy,
osteopathy, chiropractic, naturopathy or chiropody in this State, and
may require such person to produce his certificate, or other satisfactory
evidence sufficient to establish his right to practice under this chapter. .
(c) 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 facts 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 the Commonwealth’s attorney to immediately
prosecute such person for violating the provisions of this chapter, and
upon the trial the burden of proof shall be upon such person to establish
his right to practice.
The circuit court of the county wherein the offense is committed shall
have original jurisdiction concurrent with the trial justice of the said
county, and the corporation court of the city wherein the offense is com-
mitted shall have original jurisdiction concurrent with the civil and police
justice or police justice of the said city, in the trial of such person for
such offense.
Section 1621. Exceptions and exemptions.—(a) Nothing in this
chapter shall be construed to prevent the furnishing of first aid or medical
assistance in case of a genuine emergency in the absence of a qualified
practitioner, or to prevent or forbid the domestic administration of family
remedies, or the manufacture or sale of proprietary medicines in this
State by licensed druggists, or the advertising or sale of commercial
appliances or remedies, and nothing herein shall affect or interfere with
the following persons within the scope of their usual professional activi-
ties: nurses, registered midwives, masseurs who publicly represent them-
selves as such, non-itinerant persons or manufacturers who fit artificial
eves, limbs or other apparatus or appliances, and internes and resident
physicians while serving as such in legally incorporated hospitals. Nothing
in section sixteen hundred and eight to section sixteen hundred and
twenty-three, both inclusive, of this chapter shall apply to registered
optometrists authorized to practice under the laws of this State.
(b) Nothing in this chapter shall be construed to affect or inter-
fere with the operation of any hospital now established in this State, nor
with any person while engaged in conducting anv such hospital, if there
be a licensed practitioner resident or practicing therin ; and nothing herein
shall apply to the practice of the religious tenets of any church in the
ministration to the sick and suffering by mental or spiritual means with-
out the use of any drug or material remedy, whether gratuitously or for
compensation, provided the statutes and regulations on sanitation are
comphed with.
(c) Nothing in this chapter shall. be construed to prevent any
legally qualified practitioner from any other state or country who does
not maintain an office in this State for professional work from meeting
in consultation legally registered practitioners in this State, or to affect
or interfere with any commissioned or contract medical officer serving in
the army, navy, coast guard, marine corps, public health service or marine
hospital service of the United States while so commissioned and in the
performance of his duties; provided, however, that no such officer shall
engage in private practice without a certificate from the board of medical
examiners of this State, which certificate may be issued by the board
without examination on presentation of satisfactory credentials and
the payment of a fee of fifty dollars.
(d) Nothing in these amendments of the Code of Virginia shall
apply to dentists, pharmacists, optometrists, or to any other persons
lawfully carrying on their particular profession or business under any
valid existing law of this State regulatory thereof, nor to persons render-
ing gratuitous services in cases of emergency, nor to persons treating
ailments by prayer or spiritual means as an exercise or enjoyment of
religious freedom. |
Section 1622. What constitutes practice——Any person shall be re-
garded as practicing the healing arts and some school or branch thereof
within the meaning of this chapter who opens an office for such purpose,
or advertises or announces to the public in any way a readiness to practice
in any county or city of the State, or diagnoses the condition of, pre-
scribes for, gives surgical assistance to, treats, heals, cures or relieves
persons 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 any
human ailment or infirmity, or who uses in connection with his name the
words or letters “Doctor’’, “Dr.”, ““M. D.”, “D. O.”, “D. C.”, “D. N.”,
‘Healer’, or any other title, word, letter or designation intending to desig-
nate or imply that he is a practitioner of the healing arts or of any school
or branch thereof, or that he is able to heal, cure or relieve those who may
be suffering from any injury, deformity or disease of mind or body.
The provisions of this section applicable to persons shall also, to the
extent applicable, apply to groups of persons and to corporations.
Except where persons other than physicians are required to sign birth
certificates, signing a birth or death certificate, or signing any statement
certifying that the person so signing has rendered professional service to
the sick or injured, or signing or issuing a prescription for drugs or other
remedial agents, shall be prima facie evidence that the person signing or
issuing such writing is practicing the healing arts and some school or
branch thereof within the meaning of this chapter.
Section 1623. Penalties; injunctions: when certificate or license
annulled.—(a) Any person practicing the healing arts or any school or
branch thereof, or practicing medicine, homeopathy, osteopathy, chiro-
practic, naturopathy or chiropody in this State. in violation of the pro-
visions of this chapter, shall, upon conviction thereof, be fined not less
than fifty dollars nor more than five hundred dollars for each offense,
and in addition may be imprisoned for not exceeding six months; and for
a second offense the punishment shall be a fine of not less than one hun-
dred dollars nor more than five hundred dollars and imprisonment for
not exceeding twelve months. Each day of such violation shall constitute
a separate offense, and in no case shall the person convicted be entitled to
recover anything for the services rendered.
(b) The courts of record of this Commonwealth having general
equity jurisdiction are hereby vested with jurisdiction and power to
enjoin the unlawful practice of medicine, homeopathy, osteopathy, chiro-
practic, naturopathy or chiropody, in a proceeding brought by the board
of medical examiners or any member thereof, or by any citizen of this
State, in the county or city in which the alleged unlawful practice occurred
or in which the defendant resides.
Such injunctive proceedings shall not be instituted until after the
person proceeded against has been convicted of the unlawful practice
concerning which complaint is made, nor shall any injunction issue until
after final hearing on the merits of the case. If upon final hearing it is
shown that the defendant has been unlawfully practicing medicine, oste-
opathy, dentistry, chiropractic, naturopathy or chiropody the court shall
perpetually enjoin him from so practicing or continuing to practice unless
and until he has been duly licensed so to do. The practice and procedure
in such cases shall be the same, as near as may be, to that in any other
injunction suit. The remedy by injunction herein given is in addition to
the criminal prosecution and punishment provided for in the preceding
paragraph of this section.
(c) It shall be the duty of the clerk of the circuit or corporation
court wherein any conviction is had or any injunction awarded to report
the same to the board of medical examiners, which board shall thereupon
annul any certificate or license held by the person so convicted or enjoined.
3. Be it further enacted by the General Assembly of Virginia, That
all provisions of law inconsistent with the provisions of this chapter are
hereby repealed to the extent of such inconsistency.