Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-12-03
THE BOARD
OF HEALTH
Solicitor General Prichard Gives
Official Opinion Defining Its
Powers and Duties.
NO EXAMINATIONS
Can Be Prescribed -. Qualifications
Necessary to Practice Medicine
in Territory Clearly Defined
BY Law

The following opinion by Solicitor
General G.. W. Prichard, given at the
request of DR.. George w. Harrison,
president of the Territorial Board of
Health and defining the powers of that
body under the present statute will be
found of general interest:
Santa Fe, N. M. December I, 1904
DR.. G. w. Harrison.
President New Mexico Board o.
Health.
Albuquerque, n. M.
Dear Sir:-Your inquiries of the Goth
ult., regarding the powers of your Board
to license persons to practice medicine,
and whether the vendors of and pedders
of drugs, nostrums etc, except licensed
druggists are required to pay license
Notwithstanding the Interstate Com
merce Act Of Congress, has had my con-
sideration.
To your first inquiry, "Are we requir-
ed or authorized by our present law to
examine applicants to practice Medicine
in New Mexico, l have to say, that the
third section of the Medical Act, approx
ed March 12th., 1908, Among other
things it provides "That the Board shall
upon the production of evidence salts
factory to it, license any reputable per-
sor who Is graduate of Medical Col
lege in good standing, as defined by the
Act ito practice medicine etc..
The examination of the Board under
this provision extends only to the pro
duction of satisfactory evidence OF the
applicant being graduate of a Medica
College in good standing as defined bl
the Act, and to the question of such
person being reputable person. Thi
| provision of the law does not contem
plate any examination, as to the ability
of the applicant to practice medicine
| beyond the fact that he must be a gradu
ate of Medical College in good stand
| ing. So it would seem under this pro
vision that your Board must be satisfied
of two things, as condition upon which
to issue license. First, the applican
must be reputable person, aud, Sec
ond, he must be graduate of a medica
college in good standing.
I do not understand that your Boarc
is authorized to admit any one to prac
tice medicine, who is not a graduate OF
"a Medical College in good standing,
as defined by the Act. The maxim tex
preston unius est excllsio alterius, F"
applies in this particular. The fact tha
the Legislature specifically provides the
class of persons to whom your boart
may issue license, negatives the con
clusion that it can license any one else
In your second inquiry you ask "Ar'
we not obliged to put on our list OF col
leges in good standing, every College In
the United States OF America which W
are satisfied complies with the differen
provisions of the Medical law?" As tt
this inquiry my judgment is, that you
Board cannot arbitrarily exclude
College in good standing, from you
list of Colleges. In other words, tn
act referred to defines what a "Col
lege in good standing" is, and if upol
proper inquiry you find college come
within the definition of the law, ths
college should be entered upon your lis
If it were otherwise, then it would be
the power of the Board to defeat tn
purpose of the act IN this particular
power evidently not intended by tn
Legislature.
You further inquire whether you
Board has not full authority to refus
to list any College which has not in tn
Boards opinion, ample Cynical facilitit
such as are furnished in large cite
The clause quoted being one of the ell
ments that make up "a College in goe
standing" under the Act. it follows th'
your Board has the right to inquire i
to the fact as to whether the COLES
"has ample Cynical facilities such
are furnished in large cities,' and yo'
board has the right to satisfy itself
to this fact, as we'll as to other fac
constituting "a medical college in go'
standing"
You desire to know as your final
. quiry, whether section Of the Medic
{ Act is not operative notwithstan
r ing the Interstate Commerce la
i In this inquiry, you should ha
called my attention to some particul
r violation of the law II In your judgme
o the law has been violated, SO that q
answer might have been more speci
e than under the circumstances 1t can
may say generally, IS to section eig