CHAPTER 161

AN ACT to amend and reenact §§ 54-273 and 54-274, as amended, 54-275,
54-276.6 as amended, 54-296 through 54-298, 54-802 as amended, 54-309,
54-310 as amended, 54-811, 54-313, 54-815.1, 54-817 as amended, 54-319,
54-822, 54-828, and 54-324 as amended, of the Code of Virginia; and
to amend the Code by adding §§ 54-281.1, 54-281.2, 54-295.1 through
54-295.7, 54-801.1, 54-808.5, 54-810.1 and 54-819.1, relating to defint-
tion, examination, licensing and regulation of physical therapists, and
creating an Advisory Committee on Physical Therapy to the State
Board of Medical Examiners. [8 35]

Approved March 3, 1958

Be it enacted by the General Assembly of Virginia:
1. That §§ 54-273 and 54-274, as amended, 54-275, 54-276.6 as amended,
54-296 through 54-298, 54-302 as amended, 54-309, 54-310 as amended,
64-311, 54-313, 54-315.1, 54-317 as amended, 54-319, 54-322, 54-323, and
64-324 as amended, of the Code of Virginia be amended and reenacted,
and that the Code be further amended by adding §§ 54-281.1, 54-281.2,
54-295.1 through 54-295.7, 54-301.1, 54-308.5, 54-310.1 and 54-319.1, the
amended and new sections reading as follows:

§ 54-273. When used in this chapter unless expressly stated other-

(1) “Board” means the Board of Medica] Examiners for the State of

irginia.

(2) “The healing arts’ means the art or science or group of arts or
sciences dealing with the prevention and cure or alleviation of human
ailments, diseases, or infirmities, and has the same meaning as “medicine”
when the latter term is used in its comprehensive sense.

(3) “Practice of medicine” means the treatment of human ailments,

or infirmities by any means or method.

(4) “Practice of homeopathy” means the treatment of human ail-
ments, diseases, or infirmities by any means or method.

(5) “Practice of osteopathy” means the treatment of human ail-
ments, diseases or, infirmities by any means or method other than surgery
and drugs, provided, however, that if a duly licensed osteopath has satis-
fied 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 instruments, or
has satisfied the Board by an examination that he is qualified to practice
surgery, and has further satisfied the Board by an examination that he
is qualified to administer drugs, then the term “practice of osteopathy” as
applied to such person shall include the use of surgery and drugs.

(6) “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 in-
clude the use of surgery, obstetrics, osteopathy, nor the administration
nor prescribing of any drugs, medicines, serums or vaccines.

(7) “Practice of naturopathy” means the treatment of human ail-
ments, 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, electro therapeutics, obstetrics, osteopathy, or
the prescribing of any drug or medicine. .

(8) “Practice of chiropody (podiatry) means the medical, mechan-
ical and surgical treatment of the ailments of the human foot, but does
not include amputation of the foot or toes, nor the use of other than local
anesthetics. .

(9) “Practice of physical therapy” means the treatment under medical
prescription and direction of bodily or mental disorders of any person by
the use of physical, chemical and other properties of heat, cold, light,
water, electricity or sound, and by means of mechanical, electronic and
other devices, massage, exercise and other physical procedures, whether
such devices and procedures are for therapeutic or for retraining or re-
habilitation purposes. The term “physical therapy” as used in this
chapter does not include the use of Roentgen rays and radium for diagnostic
or therapeutic purposes or the use of electricity for shock therapy and
surgical purposes, including cauterization. Nothing in this definition
shall be construed to limit or restrict the practice of any person licensed
by the Board as other than a physical therapist.

§ 54-274. Except as otherwise provided in §§ 54-276 to 54-276.7,
it shall be unlawful for any person to practice medicine, homeopathy,
osteopathy, chiropractic, naturopathy, chiropody or physical therapy, or
any other school or branch of the healing arts in the State 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 unlawful for
any person who holds a valid unrevoked certificate or license permitting
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 § 54-273.

The provisions of this section shall not be construed to prevent or
prohibit any person entitled to practice his profession under any prior
law on June twenty-fourth, nineteen hundred and forty-four, from con-
tinuing such practice within the scope of the definition of his particular
school of practice contained herein, but in all other respects the provi-
sions of this chapter shall be applicable; nor shall the provision of this
section be construed to prevent or prohibit any person, residing on the
border of a neighboring state or the District of Columbia and entitled
to practice his profession under the laws of that state, from practicing
within Virginia, provided that in Virginia he does not open an office
or appoint places to meet his patients or receive calls, and provided that
the other state or district extends a similar privilege to the citizens of
Virginia; and provided that each practitioner claiming exemption under
the provisions of this section shall file with the Board of Medical Examiners
in such manner as it prescribes evidence of his right to such exemption.
Upon proof of such right to the satisfaction of the Board and payment of
one dollar license fee to the Board it shall enter the name of the applicant
in a register kept for that purpose and shall issue to the applicant a certifi-
cate in evidence of such registration, and the registration and certification
shall be renewed annually on payment of the license fee, under conditions
prescribed by the Board.

§ 54-275. Any person shall be regarded 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, prescribes for, gives surgical] assist-
ance 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.0.”, “D.C.”, “D.N.”, “Healer”, “Physical Therapist”, “R.P.T.”, “P.T.”,
or any other title, word, letter or designation intending to designate 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.

§ 54-276.6. Nothing in this chapter shall be construed to affect or
interfere with the performance of the duties of any commissioned or con-
tract medical officer or physical therapist in active service in the Army,
Navy, Coast Guard, Marine Corps, Air Force, Public Health Service or
Marine Hospital Service of the United States while so commissioned and
serving.

§ 54-281.1. It shall be unlawful for any person who is not registered
under this chapter, or whose registration has been suspended or revoked,
or whose registration has lapsed and has not been renewed, to use in con-
junction with his name the letters or words “R.P.T.”’, “Registered Physical
Therapist”, “P.T.”, “Physical Therapist”, “Physiotherapist”, “P.T.T.”,
“Physical Therapy Technician”, or to otherwise by letters, words, repre-
sentations or insignias assert or imply that he is a registered physical
therapist.

§ 54-281.2. It shall be unlawful for a registered physical therapist to
engage in the practice of physical therapy except on the prescription or
direction of a duly licensed doctor of medicine, homeopathy or osteopathy.

§ 54-295.1. There is hereby created an advisory committee to the
State Board of Medical Examiners, to be known as the Advisory Commit-
tee on Physical Therapy, hereinafter referred to as the Committee, to
assist the Board in carrying out the provisions of this chapter regarding the
eee uno, examination, registration and regulation of physical ther-
apists.

§ 54-2952. The Committee shall be appointed by the Governor and
shall be composed of five members all of whom shall be physical therapists
selected from the State at large. Members, except as hereinafter provided,
shall be appointed for terms of four years. The terms of office of the mem-
bers first appointed shall begin on July one, nineteen hundred fifty-eight
and shall continue thereafter for the following periods: one for one year,
one for two years, one for three years and two for four years, respectively.
Thereafter appointments shall be made for terms of four years. Vacancies
occurring other than by expiration of term shall be filled for the unexpired
term. Each member of the Committee shall have practiced physical therapy
for not less than three years prior to his appointment.

§ 54-295.8. The Governor may select the members of the Committee
from a list of at least three names for each vacancy to be recommended by
the Virginia Physical Therapy Association, Inc., such recommendation to
be made by June one of the respective years, except that in nineteen hundred
fifty-eight recommendations may be made by September one. The Governor
shall not be bound to make any appointments from among such nominees.

§ 54-295.4. Every person appointed to the Committee shall, before
entering upon the performance of his duties, take the oath of his office.

§ 54-295.5. No person shall be eligible to serve on the Committee for
more than two successive terms. .

§ 54-295.6. The Committee shall, under the control, direction and
authority of the Board, provide the examinations, both written or oral or
both, to be taken by applicants for registration as physical therapists, and
administer and grade such examinations. The results of such examinattons
shall be certified by the Committee to the Secretary of the Board, and the
Board shall, on the basis of such examinations, issue or deny licenses to
applicants to practice physical therapy; provided that any such applicant
ko eae aggrieved at the result of his examination may appeal to the

oard.

The Committee shall also assist the Board in matters pertaining to the
regulations of physical therapists and the practice of physical therapy, and
in the evaluation of evidence submitted in support of applications for
physical therapist licenses through reciprocity, and in all other matters
pertaining to physical therapy as the Board may request.

§ 54-295.7. The members of the Committee shall receive compensation
at the rate of ten dollars for each day of their services, and shall be
reimbursed for necessary expenses incurred in the discharge of their duties.
The treasurer of the Board shall maintain a separate account showing the
funds collected as fees from physical therapists and applicants for registra-
tion as physical therapists. All expenses incurred by the Committee, includ-
ing compensation and reimbursement to the members thereof, shall be
paid solely out of such funds.

§ 54-296. (a) Proof of Identity—The Board, or any member thereof,
may at any time 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, chiropody or physical therapy, under
the certificate or license by virtue of which he claims the right to practice.

(b) Proof of right to practice—The Board, or any member thereof,
may investigate any person practicing or attempting or offering to practice
medicine, homeopathy, osteopathy, chiropractic, naturopathy, chiropody or
physical therapy 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) Prosecution for violation.—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.

(d) Jurisdiction —The circuit court of the county wherein the offense
is committed shall have original jurisdiction concurrent with the *
county court, and the corporation court of the city wherein the offense
is committed shall have original jurisdiction concurrent with the * munici-
pal court of the city, in the trial of such person for such offense.

§ 54-297. The examination of candidates for certificates to practice
any branch or school of the healing arts, except chiropody and physical
therapy, shall be in two parts or sections and these shall be known as
Part I and Part II.
§ 54-298. 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 chiropody or physical therapy, irrespective of the particular
school or branch of the healing arts to which they adhere, and the examina-
tion given at any particular time shall be the same for all candidates, the
same subjects being included and the same questions being asked. Part 1
of the examination shall embrace the subjects of anatomy, histology,
pathology, physiology, bacteriology or microbiology, biochemistry, diag-
nosis, sanitation and hygiene. No candidate shall be held to have passed
Part I of the examination unless he has made an average grade of seventy-
five percent or more on the several subjects embraced therein, with no grade
lower than sixty per cent on any one subject.

Examination 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.

§ 54-801.1. Candidates applying for certificates to practice physical
therapy in the State may be required under the rules of the Board to
identify themselves to the satisfaction of the Board and shall be examined
on the following subjects as they apply to this particular branch of the
healing arts, anatomy, neuroanatomy, kinesiology, phystology, psychology,
physics; and physical therapy as defined in this chapter, as applied to
medicine, neurology, orthopedics, pediatrics, psychiatry, surgery; medical
ethics; and technical procedures in the practice of physical therapy.

§ 54-302. Chiropody and physical therapy examinations shall not be
divided, but shall be given at a single session of the Board or Committee
as the case may be, and 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, shall be required for passing.

The Board may prescribe rules and regulations for the conduct of
the examinations on chiropody and physical therapy.

§ 54-308.5. Examinations of applicants to practice physical therapy
shall be in one part, and shall include the subjects in § 54-801.1. Each
candidate must submit evidence, verified by affidavit and satisfactory to
the Board, that he or she:

(a) Is a citizen of the United States, or if not a citizen, has filed a
declaration of intention to become a citizen of the United States;

(b) Is twenty years of age or more;

(c) Is of good moral character;

(d) Is a graduate of an accredited high school, or has completed the
full equivalent of a grammar school and a four year high school course;

(e) Is a graduate of a school of physical therapy approved by the
Council on Medical Education and Hospitals of the American Medical As-
sociation or by the American Physical Therapy Association, or is a gradu-
ate of a school outside of the United States or Canada which offers and re-
quires courses in physical therapy acceptable to the Board on the advice
of the Committee. The fee for the examination of physical therapists shall
be twenty dollars.

§ 54-309. Upon completion of satisfactory examinations under the
rules of the Board, applicants shall be granted certificates to practice
medicine, homeopathy, osteopathy, chiropractic, naturopathy, chiropody,
or physical therapy, 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.

§ 54-310. The Board may, in its discretion, arrange for reciprocity
with the authorities of other states and territories having requirements
equal to those established by this chapter, and issue certificates to applicants
who have met such requirements. The Board may, in its discretion, issue
certificates to applicants upon endorsement by boards or other appropriate
authorities of states with which reciprocal relations have not been estab-
lished and to applicants holding certificates from the National Board of
Medical Examiners, provided that credentials of the applicants are satis-
factory and their schools of graduation and the examinations and passing
grades required by such other boards are fully equal to those required by
the Virginia Board.

An applicant for a certificate or license to practice physical therapy
through reciprocity shall be a citizen of the United States, or if not a
citizen, must have filed a declaration of intention to become a citizen of the
United States.

The fee for any such certificate, other than for the practice of physical
therapy, shall be one hundred dollars *, and the fee for a certificate to prac-
tice physical therapy shall be thirty dollars. The required fee shall be paid
to the secretary of the Board before the certificate is granted.

§ 54-810.1. The Board shall grant a certificate or license to practice
physical therapy without examination to any person who:

(a) Applies for such license or certificate by March one, nineteen
hundred fifty-nine or, who, if serving in the Armed Forces of the United
States of America on the effective date of this act, applies for registration
es siz months after discharge, separation or release from the A

orces;

(b) On the effective date of this act has met the requirements listed
in paragraphs (a), (b), (c), and (d) of § 54-808.5;

(c) Is practicing physical therapy, as defined and limtted in this act,
full time in the State of Virginia and was so practicing on and for at least
one year prior to the effective date of this act or the date of his application,
or, if serving in the Armed Forces on the effective date of this act, was
practicing full time in the State of Virginia for at least one year prior to
the date of this act; and

(d) At the time of making such application pays a fee of twenty dollars
to the Board.

§ 54-811. The president of the Board may, upon recommendation
of a reciprocity committee established within the Board, issue temporary
certificates to such applicants as are entitled thereto under * § 54-810
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 fee shall be charged for the two
certificates.

§ 54-313. Every certificate or license to practice medicine, homeo-
pathy, osteopathy, chiropractic, naturopathy, chiropody and physical
therapy 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 circuit court of the county or the corporation court of the
city wherein such practice is 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, resi-
dence, place and date of birth, and source, number and date of the certifi-
cate or license to practice, and the school of practice to which the certifi-
cate 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 punishment 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
compensation for all duties required under this chapter.

The holder of any such certificate or license shall have the same re-
corded 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 posses-
sion of such certificate or license.

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 such 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 licensees
then registered in his county or city, together with such other information
as the Board may require.

§ 54-315.1. Every certificate to practice medicine, homeopathy, osteo-
pathy, chiropractic, naturopathy, chiropody or physical therapy granted
under the provisions of this chapter shall expire on the thirtieth day of
June of each year, but shall be renewed annually by the State Board of
Medical Examiners upon application of the holder thereof as herein pro-
vided. On or before June first of each year the secretary of the Board
shall mail to each certificate holder at his last known address an applica-
tion for renewal of certificate in such form as the Board may determine,
which application shall have had thereon instructions as to how it shall
be prepared, signed and returned. The person holding the certificate
shal] furnish the information indicated on the application and sign and
return the application to the Board with a renewal fee of one dollar on or
before June thirtieth of each year. Upon receipt of the application and
the required fee the secretary of the Board shall issue to the applicant a
certificate of renewal for the period beginning July first of the current
year and ending June thirtieth of the following year. No renewal certifi-
cate shall be required for any part of the renewal period in which the
original certificate is granted. Failure of the certificate holder to receive
the application form from the secretary shall not excuse him from the
requirements for renewal herein contained. Such certificate of renewal
shall be conspicuously displayed in the office of the holder thereof and
shall authorize such holder to practice the school or branch of the healing
arts designated thereon for the period indicated on the certificate.

§ 54-317. Any practitioner of medicine, homeopathy, osteopathy,
chiropractic, naturopathy, chiropody or physical therapy shall be con-
sidered guilty of unprofessional conduct if he:

(1) Undertakes or engages in any manner or by any means what-
soever to procure or perform or to aid or abet in procuring or performing
a criminal abortion; or

(2) Engages in the practice of medicine under a false or assumed
name, or impersonates another practitioner of a like, similar or different
name; or

(3) Prescribes or dispenses any morphine, cocaine, or other narcotic
with intent or knowledge that it shall be used otherwise than medicinally,
or with intent to evade any law with respect to the sale, use or disposition
of such drug; or

(4) Issues or publishes in any way whatsoever advertising matter
in which grossly improbable or extravagant statements are made, or which
have a tendency to deceive »r defraud the public orto impose upon credu-
lous ignorant persons; or: os
(5) Causes the publication or circulation or broadcasting of any
advertisement in which he claims that he can cure or treat diseases, ail-
ments or infirmities by any secret method, procedure, treatment or medi-
cine, or in which he claims that a manifestly incurable disease or infirmity
can be permanently cured; or

(6) Advertises or professes or holds himself out as being able and
willing to treat human ailments under a system or school of practice
pee fan that for which he holds a certificate or license granted by the

oard; or

(7) Violates any of the provisions of § 54-278; or .

(8) Being a practitioner of physical therapy, undertakes to practice
physical therapy independently of the prescription or direction of a duly
licensed doctor of medicine, homeopathy or osteopathy.

§ 54-319. In order to suspend or revoke the certificate or license of
a practitioner of medicine, homeopathy, osteopathy, chiropractic, naturo-
pathy, chiropody, or physical therapy, the member of the Board, if any,
residing in the Congressional district in which the practitioner resides,
or * any officer of the Board acting at the direction of the Board, or if
the charges involve a physical therapist, any member of the Committee
shall present to the Board in writing charges against the character or con-
duct of the practitioner. If upon considering such charges the Board is
of opinion that a prima facie case has been made out it shall appoint a time
and place for a hearing thereon. No such hearing shall be held until the
practitioner shall have been given at least ten days’ written notice of the
time and place thereof, which notice, together with a copy of the charges,
shall be served on him in accordance with the provisions of § 8-51.

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 witnesses shall be borne 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 on 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 certifi-
cate or license, provided that if the charges involve a physical therapist
a member of the Committee shall sit with the nine members of the Board
in an advisory capacity and without vote. The proceedings at the hearing
shall be recorded formally, and be certified by the president and secretary
of the Board.

§ 54-319.1. The Board shall revoke the license of any physical therapist
who has obtained his license on the ground, among others, of having filed
a declaration of intention to become a citizen of the United States and has
failed to acquire such citizenship within seven years after having been
granted such license.

§ 54-822. Any person practicing the healing arts or any school or
branch thereof, or practicing medicine, homeopathy, osteopathy, chiro-
practic, naturopathy, chiropody or physical therapy in this State, in viola-
tion of the provisions 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 hundred dollars nor more than five hundred dollars and im-
prisonment for not exceeding twelve months. Each day of such violation
shall constitute a separate offense, and in no case shall the person con-
victed be entitled to recover anything for the services rendered.

_§ 54-323. 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, chiropractic,
naturopathy, chiropody or physical therapy, 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.

§ 54-324. No injunction shall 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, homeopathy, osteopathy, chiropractic,
naturopathy, chiropody or physical therapy the court shall perpetually en-
join such unlawful practice. The practice and procedure in such cases
shall be the same, as near as may be, as that in any other injunction suit.
The remedy by injunction herein given is in addition to the criminal
prosecution and punishment provided in § 54-322.