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firm or corporation making such application a license to manufacture ice cream, as provided in this act, which license shall run for one year from the date of the application, and shall be renewed annually thereafter. The money so collected Money, where paid. by the Dairy and Food Commissioner shall be paid into the State treasury and be used to help defray the expenses of the office of the Dairy and Food Commissioner in addition to the annual appropriation therefor: Provided, That this Proviso. section shall not apply except in cities of more than three thousand inhabitants, by the last United States census, to any person, firm or corporation manufacturing and selling ice cream by the dish direct to the consumer.

violation.

SEC. 7. Any person, firm or corporation who shall violate Penalty for any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

of act.

SEC. 8. The Dairy and Food Commissioner shall be charged Enforcement with the enforcement of the provisions of this act. This act is ordered to take immediate effect. Approved May 6, 1909.

[No. 71.]

AN ACT to provide for the examination, regulation, licensing and registration of optometrists practicing optometry, and for the punishment of offenders against this act.

The People of the State of Michigan enact:

examiners,

of.

SECTION 1. The Governor shall appoint, on or before No- Board of vember first, nineteen hundred nine, five electors of the State appointment who shall constitute a board of examiners in optometry. All persons so appointed shall have been actively engaged in the practice of optometry in harmony with sections seven and eight of this act for at least five years preceding the time of such appointment. The Michigan society of optometrists Qualified under its seal and under oath of its president and secretary, shall furnish to the Governor the names of at least treble the number of qualified examiners to be appointed, and thereafter similar lists for each vacancy or new appointment, and the Governor shall select the appointees to such board from

applicants.

the names thus furnished. The persons so appointed shall Term of office. hold office respectively, two for six years, two for four years and one for two years, beginning with the first day of No

Vacancies.

Persons not eligible.

Meetings of board.

vember, nineteen hundred nine, and thereafter the Governor shall appoint, before the first day of November of each biennial period, such number of persons as there are terms expiring qualified as aforesaid to hold the office, for six years from the first day of November next ensuing. The Governor shall also fill vacancies occasioned by death or otherwise, and may remove any member for the continued neglect of the duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the appointment of the original board, and any person appointed to fill a vacancy shall hold office during the unexpired term of the member whose place he fills. No member of any optical school or college or an instructor in optometry or connected in any way therewith, nor any person connected with any manufacturing, wholesale or jobbing house of optical supplies or instruments used by optometrists shall be eligible to an appointment upon said board. The business of said board shall be transacted by and receive the concurrent vote of at least three members.

SEC. 2. The members of said board shall meet at least twice a year and at such other times as shall be deemed necesOrganization. sary, and at such place or places as may be selected. At

Bond of treasurer.

Application for registration.

registration.

the first meeting the board shall organize by selecting one of its members as president and one as secretary and treasurer, each of whom shall hold his respective office for two years and shall have the power to administer oaths concerning any matter within the jurisdiction of said board. The said treasurer shall give his bond to the people of the State of Michigan, with two or more sureties, to be approved by the other members of said board and the Governor in the penal sum of one thousand dollars, or in such larger sum as said board or the Governor may require, conditioned for the faithful discharge of the duties required of him by law, and to account for and pay over as required by law, all moneys received by him as such treasurer.

SEC. 3. After January first, nineteen hundred ten, all men and women engaged in the practice of optometry or who wish to begin the practice of the same in this State, shall make application to said board to be registered and for a Conditions of certificate of said registration. Such registration and certificate shall be granted to such applicants, but only upon compliance with at least one of the following conditions contained in subdivisions one, two and three of this section: (1) The applicant shall be registered and given a certificate of registration if he shall present sufficient proof on or before May first, nineteen hundred ten, of being twentyone years of age, of good moral character and of having been continuously engaged in the practice of optometry in this State for at least two years prior to the passage of this act. The fee for registering such applicant shall be five dollars;

Length of practice.

issued by

(2) The applicant shall be registered and given a cer- Certificates tificate of registration if he shall present a certified copy other states. or certificate of registration or license which has been issued to said applicant by any other state, where the requirements for registration shall be deemed by said board to be equivalent to those of this act: Provided, That such state shall accord Proviso. a like privilege to holders of certificates of said board. The fee for registering such applicants shall be five dollars;

examination.

(3) From and after the first day of May, nineteen hun- Qualifications dred ten, any applicant for registration under this act shall of applicants. be required to pass an examination as hereinafter provided. Such applicant shall be twenty-one years of age, of good moral character and shall be possessed of an education equal to a two years' high school course, Michigan standard. He shall have been employed in the office of an optometrist registered under this act, as an assistant, for a period of not less than two years or shall be a graduate of an optical school or college approved by this board, requiring an attendance of not less than twelve months. The said board Subjects of shall examine all applicants shown to have the necessary qualifications as above set forth in normal and abnormal refractive, accommodative and muscular conditions and coordination of the eye, and subjective and objective optometry, including the fitting of glasses, the principles of lens grinding, frame adjusting and such other subjects as may be deemed necessary by said board to determine the applicant's qualifications to practice optometry. The examination shall Necessary be deemed satisfactorily passed and the applicant registered and given a certificate of registration, if he shall attain an average standing of not less than seventy-five per cent on all subjects submitted. The fee for applicants of this class Fee. shall be fifteen dollars examination fee and five dollars registration fee: Provided, That in addition to the fees herein- Proviso, before provided for, every registered optometrist shall, at the time of his registration and prior to the first day of May in each and every year thereafter, pay to the said board of examiners the sum of two dollars as a license fee for such year: Provided further, That in default of the pay Proviso, ment of such fee by any optometrist, his certificate shall be certificate. revoked by the said board.

standing.

annual fee.

revocation of

refuse to issue

SEC. 4. The board of examiners in optometry shall re- Board may fuse to issue the certificate of registration provided for in and revoke this act to any person who shall have been guilty of grossly certificates. unprofessional and dishonest conduct of a character likely to deceive the public; and said board, after due notice and hearing, may revoke the certificate issued to any optometrist who shall have become addicted to the drug habit, or who is an habitual drunkard, or whose certificate of registration was obtained or issued through error, fraud or perjury, or who shall be guilty of an offense involving moral turpitude,

Certificates, where recorded.

Display of certificate.

To deliver memorandum of purchase.

Fees, how applied.

of examiners.

Proviso.

when such offense shall have been established in a court of competent jurisdiction.

SEC. 5. Every person to whom a certificate of registration shall be issued shall immediately thereafter cause the same to be recorded in the office of the county clerk of the county in which the person principally carries on the practice of optometry, for which recording the county clerk shall receive a fee of fifty cents. Every registered optometrist shall display his certificate of registration in a conspicuous place in the principal office wherein he practices optometry, and whenever required to, shall exhibit such certificate to the said board or its representatives, and whenever practicing the said profession of optometry outside or away from his said principal office or place of business, he shall deliver to each customer or person so fitted with glasses a memorandum of purchase which shall contain his signature, home and postoffice address, and the number of his certificate of regis tration.

SEC. 6. From the fees paid to said board, the said board shall cause to be paid all necessary expenses incurred in the administration of this act, including reasonable compensation Compensation of the examiners for their services, which compensation to each examiner shall not exceed eight dollars per day for each day actually engaged in the duties of his office, and the necessary actual expenses incurred by him in the discharge of such duties, and no salary or other fees whatsoever shall be paid any member thereof: Provided, That all compensation and expenses of the members of said board or made necessary for the carrying out of the provisions of this act shall be paid out of the fees received by said board under the provisions of this act from applicants, and from no other fund or source whatsoever: Provided further, That all moneys in excess of actual requirements as hereinbefore specified shall be paid annually to the State Treasurer and be placed to the credit of the general fund.

Proviso,

disposition of excess fees.

Optometry defined.

Proviso, act not

applicable to certain persons.

Unlawful transactions.

SEC. 7. The practice of optometry is hereby defined to be the employment of any means other that the use of drugs for the measurement of the powers of vision and the determination of the accommodative and refractive states of the eye and the scope of its functions in general, and the adaption of lenses and frames for the aid thereof: Provided, That the provisions of this act shall not be considered to apply to physicians and surgeons duly licensed to practice medicine under the laws of this State, nor to prevent persons selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person or persons selling glasses as an article of merchandise and not trafficking or attempting to traffic upon assumed skill.

SEC. 8. It shall be unlawful for any person registered under this act to use, prescribe, give away, sell, offer for

sale or have in his possession for the purposes of sale, any eye remedies, lotions, salves or medicines of any kind or description, practice medicine or surgery within the provisions of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine, or acts amendatory thereto, or use the prefix Dr. or any title or appellation used in a sense to indicate the practice of medicine.

violation.

SEC. 9. Any person violating any of the provisions of this Penalty for act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment in the discretion of the court.

Approved May 6, 1909.

[No. 72.]

AN ACT to amend section five of act number one hundred eleven of the public acts of eighteen hundred eighty-nine, approved May twenty-four, eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish; by prohibiting the catching of fish in certain specified ways; by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes; by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish; to protect persons engaged in fish culture and to repeal inconsistent acts," as amended by act number one hundred sixty-three of the public acts of eighteen hundred ninety-one, being compiler's section five thousand eight hundred sixty-five of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section five of act number one hundred eleven Section of the public acts of eighteen hundred eighty-nine, entitled amended. "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish; by prohibiting the catching of fish in certain specified ways; by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes; by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish; to protect persoas engaged in fish culture and to repeal inconsistent acts," as amended by act number one hundred sixty-three

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