[No. 164.] AN ACT to amend section three of act number two hundred thirty seven of the public acts of eighteen hundred ninetynine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith," as amended by act number one hundred ninety-one of the public acts of nineteen hundred three and acts numbers fifty-six and one hundred sixty-one of the public acts of nineteen hundred five. The People of the State of Michigan enact: SECTION 1. Section three of act number two hundred Section thirty-seven of the public acts of eighteen hundred ninety- amended. nine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith," as amended by act number one hundred ninety-one of the public acts of nineteen hundred three, and acts numbers fifty-six and one hundred sixty-one of the public acts of nineteen hundred five, is hereby amended to read as follows: tion and granted. SEC. 3. On and after the date of the passage of this act, Application all men and women who wish to begin the practice of medi- for registracine and surgery in any of its branches in this State, shall certificate. make application to the State Board of Registration in Medicine, to be registered and for a certificate of registration. This registration and certificate shall be granted to such When applicants as shall give satisfactory proofs of being twentyone years of age and of good moral character, but only upon compliance with at least one of the following conditions contained in subdivisions one, two and three of this section: First, The applicant shall be registered and given a cer- Examination. tificate of registration if he shall satisfactorily pass an examination under the immediate authority and direction of the board upon the following subjects: Anatomy, physiology, Subjects. chemistry, pathology, materia-medica and therapeutics, toxicology, histology, practice of medicine, surgery, obstetrics, gynecology, mental and nervous diseases, diseases of the eye, ear, nose and throat, bacteriology, hygiene, public health laws of Michigan and medical jurisprudence; said examination to be conducted as follows: (a) The applicant shall pay a fee of twenty-five dollars Fee. prior to examination: Provided, That if the examination is Proviso. divided the applicant shall pay ten dollars for the first examination and fifteen dollars for the final examination; (b) The examination shall be in writing, oral, or both; oral, etc. (c) The questions on all subjects, except in materia- Questions. Written or Examination in materiamedica, etc. Average required. Proviso, requirement modified. tration. Proviso, applicant to have diploma. Proviso, preliminary education. medica and therapeutics and practice of medicine, shall be such as may be answered alike by all schools of medicine; (d) The applicant shall, if possible, be examined in materia-medica and therapeutics and practice of medicine by those members of the board or by a qualified examiner ap pointed by the board, belonging to the same school as the applicant, and no applicant shall be rejected because of his adherence to any particular system of practice; (e) An average percentage of at least seventy-five per cent of correct answers on all of the subjects listed under this section, and of not less than fifty per cent on each subject, shall be required of every applicant: Provided, That in the case of a qualified applicant who has been in reputable practice at least five years, at the discretion of the board, this requirement of minimum percentage may be modified by the board to meet the necessities of the No additional case. No additional fee shall be charged by this board for fee for regis- the registration of those who successfully pass such examination: Provided, however, That such applicant for examination shall have a diploma from a legally incorporated, regularly established and reputable college of medicine within the states, territories, districts and provinces of the United States, or within any foreign nation, provided such foreign nation accord a like privilege to graduates of approved medical colleges of this State, having at least a four years' course of seven months in each calendar year, as shall be approved and designated by the Board of Registration in Medicine: Also Provided, That such applicant shall have, previous to the beginning of his course in medicine, a diploma from a recognized and reputable high school, academy, college or university, having a classical course, or shall pass an examination equivalent at least to the minimum standard of preliminary education adopted and published by the board before examiners appointed by and in accordance with the regulations of aforesaid board, and at Proviso, when such time and place as the board may designate: Provided, A student entering a college in Michigan, having a preliminary examination of a standard approved by the Board of Registration of Medicine shall not be required to Proviso, as to take this examination: Provided, That this requirement of preliminary education shall not apply to those students who, on the date of the passage of this act, were regularly registered as students of legally organized and reputable mediProviso, as to cal colleges approved of by said board: And Provided also, That the requirement of medical education shall not apply to those graduates of legally organized and reputable medical colleges approved of by said board who had graduated from such colleges, previous to the date of the passage of this act; and students complying with the other provisions of this section who, on January first of the present year, were regularly registered as students of legally organized and examination not required. registered students. medical education. Certificates without examination by board. of minimum reputable medical colleges of this State, approved of by said board, may obtain a certificate of registration as graduates of such colleges and without examination by the board upon payment of a fee of ten dollars. The Board of Registra- Publication tion in Medicine shall, from time to time, adopt and publish standard. a minimum standard of medical education, and no medical college shall be approved and designated by said board under this subdivision one, of section three, unless, in the judg ment of the board, it conforms with such standard: Pro- Proviso, vided, That any raising of the standard of medical educa- raising of tion, including preliminary education, by the board under when effective. this provision shall not go into effect until at least one year after its adoption and publication by the board: And Pro- Further vided further, That the standard of preliminary education proviso, under the provisions of this act shall not exceed the standard fixed for admission to the literary department of the University of Michigan; standard, standard. foreign Second, The applicant shall be registered and given a Licentiates of certificate of registration if he shall present a certified copy countries. or certificate of registration or license which has been issued to said applicant in any foreign nation where the requirements of registration shall be deemed by said Board of Registration in Medicine to be equivalent to those of this act: Provided, Such country shall accord a like privilege to Proviso. holders of certificates from this board. The fee for registra- Fee. tion from applicants of this class shall be fifty dollars; other states. Third, The applicant shall be registered and given a certifi- Residents of cate of registration if he shall present a certified copy of certi cate of registration or license which has been issued to said applicant within the states, territories, districts or provinces of the United States where the requirements for registration shall be deemed by the Board of Registration in Medicine to be equivalent to those of this act, and shall otherwise conform to the rules and regulations agreed upon between the State Board of which he is a licentiate and said board relative to the recognition and exchange of certificates between states. The fee for registration from applicants of this Fee. class shall be fifty dollars; statements, Fourth, If any person shall unlawfully obtain and pro- Untrue cure himself to be registered under this section, either by etc., deemed false and untrue statements contained in his application to felony. the Board of Registration in Medicine, or by presenting to said board a false or untrue diploma or license, or one fraudulently obtained, he shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not Penalty. less than three hundred dollars nor more than five hundred dollars, or imprisoned at hard labor for not less than one year, nor more than three years, or both, at the discretion of the court, and shall forfeit all rights and privileges obtained or conferred upon him by virtue of such registration as a physician or surgeon; Fifth, Any person who shall swear falsely in any affi- Perjury. When board shall refuse certificate. "Unpro fessional and dishonest conduct," defined. Penalty. davit or oral testimony made or given by virtue of the provisions of this act, or the regulations of the Board of Registration in Medicine, shall be deemed guilty of perjury, and upon conviction thereof, shall be subject to all the pains and penalties of perjury; Sixth, The Board of Registration in Medicine shall refuse to issue a certificate of registration provided for in this section to any person guilty of grossly unprofessional and dishonest conduct. The words "unprofessional and dishonest conduct," as used in this act, are hereby declared to mean: First, The procuring, aiding or abetting in procuring a criminal abortion; Second, The obtaining of any fee on the assurance that an incurable disease can be permanently cured; Third, The wilfully betraying of a professional secret; Fourth, All advertising of medical business in which grossly improbable statements are made, or where specific mention is made in such advertisements of venereal diseases or diseases of the genito-urinary organs; Fifth, Having professional connection with, or lending one's name to an illegal practitioner of medicine; or having professional connection with any person who had been convicted in a court of competent jurisdiction under the provisions of this section; Sixth, All advertising, of any nature or kind, of any medicine, or of any means for the regulation or re-establishment of the menses; Seventh, All advertising of any matter of an obscene or offensive nature derogatory to good morals; Eighth, Employing any capper, solicitor or drummer for the purpose of securing patients; or subsidizing any hotel or boarding-house with a like purpose; or paying or presenting to any person money or any other thing of value with a like purpose; Ninth, Being guilty of offenses involving moral turpitude, habitual intemperance, or being habitually addicted to the use of morphine, opium, cocaine or other drugs having a simiMisdemeanor. lar effect. It shall be a misdemeanor for any person to be guilty of "unprofessional and dishonest conduct" as defined in this act. Any person who shall be charged with the commission of such misdemeanor shall be tried in a court of competent criminal jurisdiction and upon conviction thereof shall be fined for each offense not to exceed two hundred and fifty dollars, or shall be imprisoned in the county jail not to exceed three months, or may be both fined and imMisdemeanor prisoned in the discretion of the court. The creation of such created by act, misdemeanor by this act shall not be construed to supersede any existing remedy or punishment, whether civil or criminal for any act embraced within the provisions of this act, but shall be construed to be in addition thereto. The Board of Registration in Medicine shall, upon the filing with it of a duly certified copy of a final conviction, obtained in how construed. Certificate, may suspend or revoke. accordance with the provisions of this act, revoke or suspend This act is ordered to take immediate effect. [No. 165.] AN ACT to protect fish in that part of Big Portage lake lying in Washtenaw county, and to protect fish in Little Portage lake in Washtenaw county, and to regulate the spearing of ciscos and carp in said Little Portage lake. The People of the State of Michigan enact: ciscos, open season. Portage lake. SECTION 1. It shall not be lawful for any person to spear Unlawful or attempt to spear at any time any fish in the waters of to spear. Big and Little Portage lakes lying in the counties of Washte naw and Livingston: Provided, It shall not be unlawful to Proviso, spear ciscos and carp in the waters of Little Portage lake by means of artificial light from the fifteenth day of November to the thirtieth day, inclusive, of the same month, of each year: Provided also, The provisions of this act shall not Proviso, Big apply to that part of Big Portage lake lying in Livingston county. Every person desirous of spearing such fish in the waters of said lake, shall first make application to the deputy game warden of Washtenaw county for a license so License, application to do, for which license such person shall pay the sum of for; fee. one dollar per year, this fee to go to the said deputy game warden, as remuneration for his constant attendance in the vicinity of said lakes during the period mentioned. The licenses herein provided for shall be issued by said deputy game warden, at his expense and shall be substantially in the following form: Office of Deputy Game Warden. ...19.... having paid to me the statutory fee of one dollar, is hereby licensed to spear ciscos and carp in the waters of Little Portage lake, Washtenaw Form of. |