Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-02-02

ouL necoS, and there is no prospect that this will b
Interrupted.
PHYSICIANS AND LICENSES.
The interest which has attended the bringing O
suits in Grand Forks county under the physicians
and license law has led to-a great deal of speculatio,
as to just what that law is governing the practice o
medicine. The law as it appears in the code is, quit
covering a multitude of subjects, and tn
essential features which are of interest at thi
time are contained in sections 461 and 1863 of tn
Laws of North Dakota as compiled in 1918. TIL
OF these sections provides for the licensing G
medical practitioners; the second defines the tern
practice of medicine and provides certain exer1p
and exceptions. Section 461 reads as follows
Section 461. License. No person shall prac-
tice medicine in this state until he shall have
made application to said board of medical ex-
anlners, through the secretary-treasurer there
OF. upon such form and in such manner as shall
be adopted and prescribed by said board and
snail possess IN full force and virtue a valid Ii
cense SO to do; and any person who practices
medicine in this state without having made such
application and yitout having received and
without still possessing such a license, shall be
deemed to have thereby violated the provisions
of this article. All applicants for a license to
practice medicine or for a restoration of any
such license which has been revoked, shall fur
nlsh the board with satisfactory evidence of
good moral character. Nothing in this article
shall be taken or construed to preclude physi-
clans and surgeons who have already been ad-
mitted to practice their profession within the
state of North Dakota and under and according
to the laws thereof to continue SO to practice.
19l1, CHI. 189, section A.
Section 463, which declares exactlv what i
meant by the practice of medicine, reads as follows
Section 1853. Meaning OF the term practice
OF medicine. Exemptions and exceptions. A
DorSnn shall he regarded = G rr,~%;c;rr ol,o:
within the meaning of this article who holds
himself or herself out to the public as being en-
gagged within this state in the diagnosis or treat
1nent OF diseases or in juries of human beings;
or who suggests, recommends or prescribes any
form of treatment for the intended palliation,
relief or cure of any physical or mental ailment
of any person with the intention of receiving
therefor, either directly or indirectly, any fee,
gift or compensation whatsoever or who main
tains an office for the examination or treatment
of persons afflicted with disease Of body or
mind or who attaches the title M. D, surgeon,
doctor or any word of abbreviation to his name
indicating that he is engaged in the treatment
or diagnosis of the diseases or injuries of human
beings. Nothing in this article, however, shall
be construed to affect lawfully qualified physic-
lans in other states or countries meeting legal
ly licensed physicians in this state for consulta-
ton or any physician residing on the border OF
a neighboring state and duly licensed under the
laws thereof to practice, medicine therein, and
who does not open an office or appoint a place
to meet patients or receive calls within this
state or the domestic administration of family
remedies or dentists practicing their profession
or optonetrists, when licensed and practicing
under the provisions Of article 16 of chapter 4
Of the political code, Revised Codes of 1905 (sec-
tons 524-539 herein nor to prohibit the prac--
tlce OF Christian science or other religious tenets
or religious rules or ceremonies as a form of re-
ligious worship, devotion, or healing. provided
that the persons administering or making use
of or assisting or prescribing such do not pre-
scribe or administer drugs or medicines nor per-
form surgical or physical operations, nor assume
the title of or hold themselves out to be physic-
ians or surgeons; nor shall this article be con-
strued to prohibit any person, if qualified under
chapter 172 Of the laws of 1909 (%section SO
523 herein), from engaging in the practice of
osteopathy, when not representing himself as,
or assuming the titlc'of physician or surgeon:
provided such person does not profess or hold
himself out to, nor administer or prescribe drugs
or perform surgery, except minor surgery; nor
shall it be construed to prohibit commissioned
surgeons of the United States army, navy or
public health and marine hospital service from
performing their lawful duties in this state as
such. (1911 ch. 189, section 6l
There seems to be no room for a misconstruc
Of the meaning of these two sections. The frs
provides definitely that no person may practic,
in North Dakota without a license to do 50
by a properly constituted authority. The sec
ond, while exempting from the provisions certai,
classes Of persons who practice the art Of healin,
the administration OF drugs, includes with
its meaning all those who represent themselves<a
being engaged in the diagnosis Of treatment Of dis
Or injuries Of human beings, or who suggest
recommend or prescribe any form Of treatment TO
the relief or cure Of such ailments with the intention
receiving therefor, directly or indirectly, any com
whatever. These with other provision
make the law very inclusive ii its meaning, an,
would seem to cover fairly the case Of any nersn,