The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-12-29
NOT NECESSARY TO PAY ADD.
TloNAL REGISTRATION FEE.
OPINION BY ". A. LEDBE1TER
On the Subject Written to Dr.. w.
Hardy-constitution Provides
Necessary Steps TO Take
In the Premises.

Hon W. A. Lcdbcttor, a prominent
attorney of this city and member
of the constitutional convention, in
an opinion Saturday morning de.
clared it to be- law that it will not
be necessary for physicians, dent
lists and pharmacists to register
since statehood even though they
have practiccd in the Indian Terri
tory section of the state Of Okla.
homt.
The opinion is as follows:
"Ardmore, OK, Dec. -. 1907
Or Walter Hardy. CITY:
Dear Sir-Answering your inquiry
as to whether or not physicians,
who were legally licensed and reg
| istercd prior to the admission of
the state may now be required to
| pay for a certificate to practice their
/ profession. | beg to say that after
carefully examining the Oklahoma
statutes, which have been extended
| throughout rhe state. and the pro
vision of the Oklahoma constitution
relating to this subject, am of
the opinion that no such charge
can be legally levied against them.
The Oklahoma statutes create a
board of health and charge it with
the duty. among other things, of
examining applicants and granting
lie nnses to those found qualified to
practice. 1t prohibits persons from
practicing without first having OBJ
tanned license from the board of
of health. 1t also provides that 1t
shall be the duty of the person mold
ing such license to register IN the
office of register of deeds in the coun-
ty in which said person resides or
intends to practice.
"A license granted under this
statute lasts for all time and no ad
dit. al registi alton woulE lhNe
been necessary except from the
change in the form of government
The right of hysicians legally reg
istered and practicing, are preserved
by the following provisions of the Ok
lahoma constitution:
"'All physicians, dentists ant
pharmacists now legally registered
and practicing in Oklahoma and In
dian Territory shall eligible to regis
tratIon in the state of Oklahoma with
out examination or costs
"All a physician who was legal!
registered and practicng in Oklahoma
or Indian Territory when the stat
was admitted, has to do is to registe
in the office of the register OF deed
in the county in which he resides
or intends to practice. The constitu
ton declares that such a person 4
eligible to registration without eS
animation or costs. No certificate
Is required to be given by tn
board of health or its superintendent
and no charge for certificate ca
be legally made.
The constitution allows the phys
clans who were illegally registere
and practicing 10 register in tn
state of Oklahoma without examine
ton or cost. II means what Is say.
and the board of health has, in m
opinion, no more power to require tn
payment Of cost for registration tina
it would have to require an examine
tion.
The Oklahoma statutes fix IN
salary of the superintendent at $50
per annum and allows him not
exceed $500 for expenses They ais
provide that tha president at
vice-president OF the board shall r.
ceive no compensation except fee
L for the examination of applicant
> These items cover all compensate
n the board and its members can i
gally receive.
Il have read the circular lette
sent out by DR.. Marh superintendent
of the board In which he says:
I'VE have an opinion by Attorne
= General Charles West, which was 81
en- upon application of our boar
as TO what our duties We're, an
what 1t could do in the way OF r
registering doctors OF the new stat
and will i've you same In su
stance, as the opinion is too Ion
to write or send a copy. The su
stance OF the opinion is:
THAT all doctors practiclng me
icine IN the state of Oklahoma CT
re-register; that the board cam