The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-05-16
puhlio canaral Laws.

CHAPTER 1914.
AN ACT TO REPEAL AND RE-ENAcT
WITH AMENDMENTS SECTIONS
81 AND &c OF ARTICLE 4s OF THE
CODE OF PUBLIC GENERAL LAWS,
ENTITLED HEALTH" SUBTITLE
PRACTITIONERS OF MEDICINE"
AND TO ADD ADDITIONAL SEC
TIoNs THERETO. TO BE DEsIG-
MATED AS SECTIONS 81. g. AND 60
AND GA OF SAID ARTICLE.
Section l. Be it enacted by the General
Assembly of Maryland, That Sections
"a and Sc of Article 4S Of the Code =, OF y
Public General Laws, tue Ii dea IN,
and the same are hereby repealed and re-
enacted with amendments ana new sec C.
lions, to be known as Sections 81, 6z, %
and g. are hereby enacted ana a a Sl.Sa 70
said Article. to be designated as Sections
81, 81, So and g., to read as follows:
Section a. Every. person VINO was
practicing medicine in the state OF Mary
land on or before the first day OF June,
1892, shall be entitled to be registered as
physician or surgeon, or ootn, upon
making application TO the President OF
either Board of State Medical Examiners,
which application shall be in writing and
verified by the oath of said applicant,
taken before any officer entitled TO ad-
minister oaths under the law or tnls state
and shall state that the applicant was a
duly-qualified lawful practitioner OF medi-
cine in good standing, actually engaged
in the practice of such profession in SAID
state on or before said first day of June,
1892, and upon receiving said application
and being satisfied of the truth of said
statements therein contained, said Pres
ident of such Board shall issue or en-
dorse his permit for such applicant to be
registered upon q. copy of such applica-
ton, which permit shall also, be counter;
signed by the secretary OF SAID board ano
any president of such board to whom such
application is addressed may, in his dis
erection, make inquiry and examine wit
nesses under oath or receive other evil
dence as to the truth of the statements
contained in such application for a
Permit to be registered" and If the pres
ident of either such Board of Medical
Examiners shall act upon such applica-
ton, and shall refuse the same, then no
president of the other said board shall
entertain or act upon any application OF
such applicant for such permit; and upon
the presentation of a permit to be reg
tersigned by the secretary Of either OF
said Boards of Medical Examiners, to
the clerk of the. county where such APP
plicant may reside. or to the clerk OF the
Circuit Court of Baltimore city, IL said
applicant shall reside in Baltimore city,
1t shall be the duty of said clerk to reg.
lister such application and permit, and
the name of such applicant as physician
or surgeon, or both, in book 70 be kept
for such purpose, and certned copy
of such entry Of registration under the
such registration in all the corrts of this
state. Provided, however, that the pro
visions of this act shall not apply to those
practicing medicine in the state of Mary
istered as practitioners of medicine prior
to July, 1891.
Section sc. Physicians and surgeons OF
good, moral and professional standing
who shall hereafter come into this state
with intent to follow the practice OF
medicine and surgery within this state
university of good standing, or having
a certificate or license from a Board oil
Medical Examiners of any state where
the. requirements for practice are equa
this article, may make application to the
president of either Board of Medical Elk
aminers of this state, which application
shall be made under oath and shall state
where and how long said applicant has
been engaged in the practice of medicine
and surgery, and from what medical col
learning he or she has graduated, and
'thereupon the Board of Medical Elk.
aminers shall have the authority and
discretion to require applicant to under
| provisions of Section Al or AZ, inclusive
of this Article, or may require said ap-
| plication to submit to a special examina'
| ton, the terms and methods of which shall
| be prescribed by the Board of Medical
| Examiners, and upon paying the fee fol-
| examination, as set out in Section A.
| of this article, after the examination anC
determination of said board thereupon
| that said applicant is qualified to prac'
| tice medicine and surgery, and that he Is
entitled to. license, license shall be
/ FFr4 - -, 1fp1 ,NR r.
form of license set out in Section AZ OF
| this Article, which license shall be filed
and recorded as provided by Section II
of this. Article, and it shall then be thu
| duty of the clerk of the court to register
| the name of the person SO licensed as
| physician or surgeon, or both, in ac-
| cordance with the provisions of this act
81. Any citizen of Maryland having in.
formation which causes him to believe
that any person has been heretoforewrong
| fully and improperly registered as ply
stefan or surgeon, or both, upon his appli-
cation to the. clerk of any court, may
apply by petition to the Circuit Court OF
the county wherein such registration was
made, or to the City Court of Balti-
more city, If such registration was in
| Baltimore city, which petition shall be
| under oath, and shall state that the
petitioner IS informed and believes thai
the person named therein has been here
tofore improperly and wrongfully regis.
| tered as physician or surgeon, or both,
upon his own application and affidavit
kept for such purpose in any court OF
this state for the reason, as said Pc
titioner is empowered that such person
was not lawfully ,practicing medicine in
the state of Maryland as a duly qualified
practitioner of medicine in said state, en-
titled to be registered as a physician OF
surgeon upon his own application to the
clerk of said court and that said petition
er prays that the name of such person
shall be struck from the registry of ply
sicians aforesaid. Upon the fling OF
such petition the court or one of the
judges thereof shall pass an order re
quiring the person therein alleged to be
wrongfully or improperly registered to
answer the same under oath on or be-
days from the date of such order, and to
show cause, if any there be, why the
prayer OF such petition should not be
granted. which order shall be served
upon said last-named person; and If said
petition shall not be answered within the
time named as aforesaid, or If the answer
thereto shall be adjudged insufficient by
the court, then the court shall pass an
order directing that the name of such
person alleged to be wrongfully or i'm
properly registered, shall be stricken
geons where the same shall have been
registered. But if said petition shall be
answered by the. defendant being the
person against whom IL is exhibited. nv
an answer under oath, fairly and fuiIy
denying the allegations of said petition,
the issues thus raised shall be heard and
either
party may be entitled to a jury trial be-
fore a jury of the regular panel. en-
panelled to try common-law cases in said
court, and the defendant shall be COM
petent and compellable to testify at such
hearing, and upon such hearing the court
shall render judgment, with costs, against
the unsuccessful party. and if it shall
determine that said defendant was not
practicing medicine in the state of Mary
land on or before the date June LIST. 1892
not being lawful practitioner of medi-
cine in said state on or before said date,
it shall pass an order directing the name
of said defendant to be stricken from
the registry of physicians or surgeons
or both. which order shall be certified by
the clerk of the court wherein said de-
PENDANT was registered, and he shall
thereupon strike his name from said reg
istry; but the decision upon such petition
shall have no force and effect in any
criminal prosecution under this Article
Section 81. The term ''practicing medi-
cine or a practitioner of medicine" when
used with respect to the qualifications of
tered under this Article, shall be con
strued to mean the practice of medicine
as a profession or means of livelihood.
If a license or register by law at the
time when such practice is alleged or
claimed, or by one otherwise duly quail
fed to practice medicine II other quail
date.
Section GO. 1t shall be the duty of the
secretary of either or both of said
State Board of Medical Examiners
no Inquire into all violations of law
under this article, and to institute all
proceedings or prosecutions thereof; and
all expenses incurred by any secretary of
either of such board hereunder shall be
allowed and paid out of the funds ac-
quired by or belonging to said boards, re-
spectively.
Section Ga. That the said Board of
Medical Examiners shall have full con-
troll over the expenditures and DISPOSE
ton of the funds collected from the fees
and charges authorized to be made under
the terms of this Article, and shall fix
and allow such compensation as they may