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R. S. 2676–Act 66, 1888 [Examination of Applicant Who Fails to Furnish Diploma or Affidavit, etc.)

SEC. 5. That where the applicant neither furnishes the diploma or affidavit required by the foregoing sections, he shall have the right to registration after having passed a satisfactory examination by the Board of Pharmacy as to his qualifications and capacity, which board shall thereupon register the applicant, and shall grant to him a certificate of registration as a pharmacist, the same as in the case of the production of a diploma or affidavit as hereinbefore provided. The Board of Pharmacy may grant certificates of registration to licentiates of such other State boards, or the duly constituted authorities of other countries, without further examination. The Board of Pharmacy shall have the right to exact and collect from applicants, before issuance of a certificate, five dollars ($5) for an examination of the applicant, and three dollars ($3) for the issuance of the certificate. [Board of Pharmacy-Appointment, Fees, etc.)

SEC. 6. That the Governor shall appoint the Board of Pharmacy, consisting of nine (9) reputable practicing pharmacists, doing business in the State, who shall serve for four (4) years from the date of their appointment; any vacancy shall be filled for the unexpired term by the Governor's appointment. Said board shall elect a president, and an officer to be known as the secretary and treasurer, and in addition to its duties in holding examinations and granting certificates, it shall report to the prosecuting officer of the State of Louisiana all persons violating the provisions of this act; it shall report annually to the Governor of the State upon the condition of pharmacy in the State, any recommendations for the improvement of its practice, as well as a record of the proceedings of the board during the year; and the names of all pharmacists duly registered under this act, and the fees collected under the provisions of this act shall be applied to the payment of the expenses of the board, in such manner as it shall direct. [How Bottles Shall be Labeled-Poison-Other Rules.]

SEC. 7. That all pharmacists, druggists or apothecaries, shall label all bottles, vials, jars, boxes, parcels, packages, or other receptacles, or coverings, or wrappings of drugs, medicines or chemicals sold or dispensed by them, with a label in a legible writing or printed letters, giving the name of the proprietor of the store, the name of the physi

ing shop nd the place of sale of said drug, medicine

R. S. 2677-2685--Act 19, 1894
[Penalty for Violations. ]

SEC. 8. That any person offending against any provisions of this act, shall be deemed guilty of a misdemeanor against the State of Louisiana, and shall be prosecuted before any court of criminal jurisdietion, and if adjudged guilty, shall pay a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100), and in default of payment thereof, shall be imprisoned in the parish jail for not more than thirty (30) days.

The State Board of Pharmacy had the legal right to establish its domicile in the city of New Orleans, and a proceeding brought in the District Court for the parish of Acadia, based on citation served on the president of the Board in the parish of Iberville, where he resides, was properly dismissed for want of jurisdiction ratione personae. State ex rel. Martin vs. State Board of Pharmacy, 105 La. 535. See State er rel. Mounier vs. Board of Pharmacy, 110 La.; 34 S. R. 159.

PHYSICIANS. 2677 to 2681 have been superseded by Act 49, 1894, amended by Act 13, 1896. All printed infra, this title.

2682, 2683. Licenses on professions and occupations, superseded by later acts. See title “Revenue.”

2684, 2685. University of Louisiana to confer diplomas; number of professors in medical department. See Secs. 1359,

1360.

PRACTICE OF MEDICINE, SURGERY AND MIDWIFERY.

Act 49, 1894, p. 55. Ax Act to regulate the practice of Medicine, Surgery and Midwifery;

to create State Boards of Medical Examiners, and to regulate the fees and emoluments thereof; to prevent the practice of Medicine, Surgery and Midwifery by unauthorized persons; and to provide for the trial and punishment of violators of the provisions of this net by fine or imprisonment, or both; and to repeal all laws or parts of laws in conflict or inconsistent with this act.

[Who May Engage In.)

SECTION 1. That from and after the promulgation of this act no practice of Medicine, Surgery and Dentists shall practice medicine in person excepting those already engaged under existing laws in the any of its departments within the State of Louisiana unless such person shall possess all the qualifications required by this act.

R. S. 2685- Act 49, 1894 [Applicant's Diploma.]

Sec. 2. That after the promulgation of this act any person before entering upon the practice of medicine in any of its branches, dentists excepted, shall present to the Board of Medical Examiners, as hereinAfter constituted, a diploma from a medical college in good standing, said standing to be determined by the board, and shall pass a satisfactory examination before the board upon the following branches, to-wit: Anatomy, Physiology, Chemistry, Principles of Medicine, Obstetrics, Physical Diagnosis, Surgery, Materia Medica and Hygiene. The person shall also satisfy the board that he or she is twenty-one years of age, of good moral character, and possesses at least a fair primary education. If said diploma and examination are satisfactory to the board they shall issue to such person a certificate in accordance with the facts. [Medical Examiners.]

SEC. 3. That the medical examiners, herein provided for, shall consist of two boards-one of physicians and surgeons recommended by the Louisiana State Medical Society and one of physicians and surgeons recommended by the Hahneman State Medical Society. There shall be five members of each board, any three of whom shall constitute a quorum for the purpose of holding an examination and granting a certificate. All the members of both boards shall be graduated physicians and practitioners.

The board composed of physicians and surgeons recommended by the Louisiana State Medical Society shall examine all applicants who propose to practice any other than the Homeopathic System of Medicine, and the board composed of physicians and surgeons recommended by the Hahneman State Medical Society shall examine all applicants who propose to practice the Homeopathic System of Medicine. The certificate of either board shall be conclusive proof of the efficiency of the applicant examined by said board. All examinations held by the boards and the answers of the applicants shall be in writing and shall be filed and kept as records. All members of both boards shall be appointed by the Governor of the State from a list of names presented by the Louisiana State Medical Society and the Hahneman State Medical Society, and the Governor shall have the right to remove any or all the members thereof for inefficiency or for neglect of duty, R. S. 2685– Aet 49, 1894 the term of four years, one member for the term of five years and one member for the term of six years, deciding by lot or agreement among themselves as to their respective terms. At the expiration of the above terms each member shall be appointed by the Governor for the term of six years from names recommended by their respective State Medical Societies. [Midwives, Examination.]

Sec. 5. That every person practicing midwifery in this State, on the passage of this act, shall, within ninety days thereafter, register with the secretary of the Board of Health in the parish of Orleans, and with the clerk of the District Court in the other parishes of the State, in the manner provided for physicians, giving her age and length of time, and the place or places during, and at which, she has been engaged in said practice, and make affidavit thereto, and shall pay to the secretary of the Board of Health in the parish of Orleans or to the clerk of the District Court in the other parishes of the State, as the case may be, a fee of one dollar. Said secretary of the Board of Health of the parish of Orleans or clerk of the District Court shall issue a certificate to the one so registering, in accordance with the facts herein set forth, upon a blank form to be furnished by the State Board of Health, which shall entitle the holder to practice midwifery in the parish in which said certificate is issued. The clerks of the District Courts of the several parishes of the State, Orleans excepted, shall annually on the first Monday in January make returns to the secretary of the State Board of Health in the parish of Orleans of all such certificates on record in his office.

All persons beginning the practice of midwifery in this State after the passage of this act shall appear before one of the State Boards of Examiners and submit to such examination in midwifery as the board shall require, and if such examination is satisfactory the said board shall upon the receipt of five ($5.00) dollars issue a certificate the same as provided for midwives in practice at the time of the passage of this act, which certificate shall be registered as in the manner provided for midwives in practice at the time of the passage of this act

, but for such registration with the secretary of the State Board of Health, or with a clerk of a District Court the holder of said certificate shall be required to pay a fee of fifty (50) cents only. This section does not apply to the so-called midwife of rural districts and planta

as a profession. [Examiners, Officers, Seal.]

That the boards of medical examiners are authorized to plect such officers and form such by-laws as may be necessary for the efficient operation of the boards.

ticing midwifery

Sec. 6.

R. S. 2685-Act 49, 1894 The boards shall have a common seal, and the president and secretary of their respective boards shall be empowered to administer oaths in the taking of testimony upon any matters pertaining to the duties of said board. [Meetings of Board.]

SEC. 7. That the board of examiners shall hold two regular meetings each year, one in the city of New Orleans, and one in the city of Monroe, La., but the president of the board may call meetings elsewhere in the State whenever the board may deem it necessary or expedient. The call to be issued by the secretary and signed by the president (as amended by Act 81, 1896, Sec. 1, p. 114). [Temporary Certificates.]

SEC. 8. That to prevent delay and inconvenience, one member of a board of medical examiners may grant a permit, after satisfactory examination, to any applicant, and shall report thereon to the boards at the next regular meeting; such temporary permit shall not continue in force longer than until the next regular meeting of the boards, but such temporary permit shall in no case be granted within six months after the applicant has been refused a permit by the boards. [Certificates, How Recorded.]

Sec. 9. That the certificates issued in accordance with section 2 of this act shall be recorded in the office of the clerk of the District Court of the parish, in which he or she resides, who shall make this recordation in a book to be kept for that purpose only, and also certify to such recordation by an endorsement on the original certificate, which the holder thereof shall transmit or deliver to the State Board of Health ; and the clerk recording the same shall be entitled to a fee of one dollar. Such certificate, transmitted or delivered to the State Board of Health, shall entitle the holder to be placed on the list of registered physicians and surgeons, the publications of which is hereinafter provided for. Said Board of Health shall preserve such certificates, and a copy thereof, signed by its secretary, shall be received as evidence in the courts of this State; and for such copy a fee of fifty cents shall be paid. Until such recordation is made, the holder of such certificate shall not exercise any of the rights or privileges therein conferred to practice medicine.

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