CHAPTER 42.-PUBLIC HEALTH.

Secs. 3279 to 3297. "An act to establish a state board of health to regulate the practice of medicine in the state of Nebraska," etc. 1891, p. 280. In force July 4. (Repealed ch. 63, Laws 1891, p. 282, as amended 1883, p. 246.)

3279. There shall be established in the state of Nebraska a board to be styled the state board of health. Said board shall consist of the governor, attorney general, and superintendent of public instruction, and the governor shall be ex-efficio chairman of said board.

3280. Said board shall meet upon the call of the governor and within thirty days after the approval of this act, and shall meet thereafter as often and at such times as the governor may from time to time designate.

3281. Said board shall within sixty days after the approval of this act appoint four secretaries, who shall be graduated physicians of at least seven years' consecutive practice, and who shall be at the time of their appointment actually engaged in practice in the state of Nebraska; one of whom shall be appointed for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years, and thereafter it shall be the duty of said board to appoint or reappoint one secretary every year as the term of those heretofore appointed shall expire, but each secretary shall continue in office until his successor shall have been so appointed. Said appointments shall be made so that of said secretaries two shall be physicians of the so-called regular school, one of the so-called eclectic school, and one of the so-called homeopathic school.

3282. Said secretaries shall have power and it shall be their duty to assist and advise said board in the performance of its duties as prescribed by this act, to summon witnesses and take testimony in the same manner as witnesses are summoned and depositions taken under the Code of Civil Procedure, and to report said testimony to the board, together with their findings of fact and recommendations on all matters coming before said board requiring evidence for their determination, except as hereinafter provided.

3283. It shall be the duty of said board to see that all the provisions of this act are strictly enforced, to grant certificates as herein provided, and to cause to be prosecuted all violations of this act. Said board shall have and use a common seal and may make and adopt all necessary rules, regulations, and by-laws not inconsistent with the constitution and law of this state or of the United States, to enable it to perform its duties and to transact its business under the provisions of this act.

3284. A majority of said board shall constitute a quorum for the transaction of business.

3285. It shall be unlawful for any person to practice medicine, surgery, or obstetrics, or any of the branches thereof, in this state, without having first obtained and registered the certificate provided for by this act; and no person shall be entitled to the certificate herein provided for unless he shall be a graduate of a legally chartered medical school or college in good standing; said qualifications to be determined by the board; Provided, however, That nothing in this act shall be construed to prevent physicians residing in other states from visiting patients in consultation with resident physicians who have complied herewith.

3286. The term medical school or college in good standing shall be defined as follows: A medical school or college requiring a preliminary examination for

admission to its courses of study, and which requires as requisite for the granting the degree of M. D. attendance on at least three courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of professors in all the different branches of medical education, to-wit: anatomy, physiology, chemistry, toxicology, pathology, hygiene, materia medica, therapeutics, obstetrics, gynecology, principle and practice of medicine, and surgery, and clinical instruction in the last two named; Provided, That this three-year clause shall not apply to degrees granted prior to July, 1891.

3287. It shall be the duty of all persons intending to practice medicine, surgery, or obstetrics in the state of Nebraska, before beginning the practice thereof in any branch thereof, to present his diploma to said board, together with his affidavit that he is a lawful possessor of the same, that he has attended the full course of study required for the degree of M. D., and that he is the person therein named. Such affidavit may be taken before any person authorized to administer oaths, and the same shall be attested under the hand and official seal of such official if he has a seal, and any person swearing falsely in such affidavit shall be guilty of perjury and subject to the penalty therefor.

3288. If upon investigation of said diploma and affidavit the applicant shall be found entitled to practice, there shall be issued to said applicant the certificate of said board under its seal and signed by its secretaries stating such fact, and it shall be the duty of the applicant before practicing to file such certificate or a copy thereof in the office of the county clerk of the county in which he or she resides or in which he or she intends to practice; such certificate or copy shall be filed by the county clerk and by him recorded in a book to be kept for that purpose, properly indexed, to be called the "Physician's Register," and for such services the county clerk shall receive from the applicant the same fees as are allowed to the register of deeds for the recording of conveyances.

3289. All physicians who shall be engaged in practice at the time of the passage of this act shall, within six months thereafter, present to said board their diplomas and affidavits as hereinbefore provided, or in the case of persons not graduates who were entitled to registration and practice under the provisions of the act entitled "An act to regulate the practice of medicine in the state of Nebraska," approved March 3d, 1881, an affidavit showing them to have been entitled to so register and practice, and a certified transcript of their registration under said act, and upon their doing so shall be entitled to the certificate herein provided, which they shall file with the county clerk as herein provided; Provided, That no one having the qualifications required in and having complied with said act of March 3, 1881, shall be liable to prosecution for failure to comply with this act until the expiration of said period of six months.

3290. It shall be the duties of said secretaries to keep a full record of all the acts and proceedings of said board and of all certificates granted thereby, together with the proof upon which certificates are granted; but when said proof in any case shall have been on file in the office of said board for ten days, said certificate may be issued by said secretaries without a vote of the board, if no protest has been filed and if in their opinion said proof complies with the provisions of this act.

3291. Any person who shall have obtained a certificate provided by this act and shall remove to another county shall, before entering upon the practice of his profession in such other county, cause said certificate to be filed and recorded in the office of the county clerk of the county to which he has removed.

3292. The board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like cause; Provided

always, That they have given the person an opportunity to be heard in his or her defense.

3293. No person shall recover in any court in this state any sum of money whatever for any medical, surgical, or obstetrical services, unless he shall have complied with the provisions of this act and is one of the persons authorized by this act to be registered as a physician.

3294. Any person not possessing the qualifications for the practice of medicine, surgery, or obstetrics required by the provisions of this act, or any person who has not complied with the provisions of this act who shall engage in the practice of medicine, surgery, or obstetrics, or any of the branches thereof, in this state, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars ($50) nor more than three hundred dollars ($300), and costs of prosecution for each offense, and shall stand committed until such fine and costs are paid.

See on complaint, 21, 447 (32 N. W., 222). On qualifications, 17, 140 (22 N. W., 348). 3295. Any person shall be regarded as practicing medicine, within the meaning of this act, who shall operate on, profess to heal or prescribe for, or otherwise treat any physical or mental ailment of another. But nothing in this act shall be construed to prohibit gratuitous services in case of emergency, and this act shall not apply to commissioned surgeons in the United States army and navy, nor to nurses in their legitimate occupations, nor to the administration of ordinary household remedies.

3296. Any itinerant vendor of any drug, nostrum, ointment, or appliance of any kind intended for the treatment of any disease or injury, or who shall by writing, printing, or any other method, publicly profess to cure or treat diseases, or injury, or deformity, by any drug, nostrum, manipulation, or other expedient, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars ($50) nor more than one hundred dollars ($100), or be imprisoned in the county jail for a period of not less than thirty (30) days nor more than three (3) months, or both, in the discretion of the court, for each offense,

3297. The secretaries of said board of health shall receive for their services the sum of five dollars ($5), to be paid by every applicant for a certificate hereunder at the time of making his application, and for their services for the taking of testimony the same fees as are provided for notaries public for similar services, and they shall receive no other fees or compensation; Provided, That applicants under section 11 of this act [3289] shall pay the sum of one dollar ($1) only.

Secs. 3298 to 3301. "An act legalizing dissections and for other purposes." 1883, p. 244. In force February 20.

3298. That it shall be lawful to carry on dissections of the human body for scientific, educational, and legal purposes within the state of Nebraska under the restrictions hereinafter provided in this act.

3299. The bodies of all paupers dying within this state, whose persons are unclaimed after death by any relatives or friends for the purpose of interment, shall be turned over to any legally organized medical college or any physician or surgeon authorized under the laws of this state to practice therein, under the conditions contained in section three of this act.

3300. Any medical college, through its president, dean, or secretary, or any surgeon authorized to practice in this state, may procure the body or bodies of deceased paupers, whose bodies are unclaimed by relatives or friends for interment, by filing an application therefor, accompanied by a bond in the penal sum of five hundred dollars binding the applicant to procure, convey, and dissect the body or bodies

applied for in a manner that shall be private and in no wise shock the sensibilities of the community where such body is procured, conveyed, or dissected, and the applicant shall state in said application that the body or bodies is or are required for scientific investigation, or for educational purposes. Upon making such application to the county clerk of any court [county] in this state where such pauper or paupers may be, and filing such bond with said county clerk, he shall issue his order, under this act, to the properly authorized officer of the county having charge of said pauper's body or bodies, to turn the same over to the party or parties above named, who have made application therefor.

3301. No bodies applied for in accordance with the provisions of this act shall be transported or used outside the limits of this state. Any one violating the provisions of this act shall upon conviction thereof before any tribunal authorized to try such offense, be fined not less than one hundred dollars, and not more than three hundred dollars, or shall be imprisoned in the county jail not less than one month nor more than six months.

Secs. 3302 to 3307. "An act to regulate the practice of dentistry, and to punish violation thereof." 1887, p. 504. In force July 1.

3302. It shall be unlawful for any person or persons to practice dentistry or dental surgery in the state of Nebraska without first having received a diploma from a reputable dental college or university duly incorporated or established under the laws of some one of the United States or some foreign government; Provided, That nothing in section one of this article shall apply to any bona fide practitioner of dentistry or dental surgery in this state at the time of the passage of this act; And provided, That nothing in this act shall be so construed as to prevent physicians or surgeons from extracting teeth.

3303. Every person who shall hereafter engage in the practice of dentistry or dental surgery in this state shall file a copy of his or her diploma with the county clerk of the county in which he or she resides, which copy shall be sworn to by the party filing the same, and the clerk shall give certificate of such fact, with the seal of the county attached thereto, to such party filing the copy of his or her diploma, and shall file and register the name of the person, the date of the filing, and the nature of the instrument, in a book to be kept by him for that purpose, and as a compensation for his services the said clerk, for filing and registering the same, shall receive a fee of one dollar ($1), to be paid by the person filing the diploma.

3304. Every bona fide practitioner of dentistry or dental surgery residing in this state at the time of the passage of this act, and desiring to continue the same, shall, within ninety days after the passage of this act, file an affidavit of said facts as to the length of time he or she has practiced in this state, with the county clerk of the county in which he or she resides, and the said clerk shall register the name of, and give a certificate to, the party filing the affidavit in like manner and of like effect as hereinbefore provided, and for such service shall receive a fee of one dollar ($1), to be paid by the party filing the affidavit.

3305. All certificates issued under the provisions of this act shall be prima facie evidence of the right of the holder to practice under this act.

3306. Every person violating the provisions of this act shall, upon conviction thereof, be deemed guilty of misdemeanor and be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200), for each and every offense, or be imprisoned in the county jail for sixty (60) days, or both fine and imprisonment, at the discretion of the court, and all fines collected shall belong to and be paid into the common school funds of the county where the offense was committed.

3307. Any person who shall have filed his or her affidavit or diploma, as required in sections two (2) and three (3) of this act [3303-4], in one county and remove to another county shall, before entering upon the practice of his or her profession in such last named county, procure a certified copy of the record of his or her former registry, and cause such transcript to be filed and recorded in the dental register of such county in which he or she has removed.

Secs. 3308 to 3319. "An act to regulate the practice of pharmacy and sale of poisons and prevent adulteration in drugs and medicinal preparations in the state of Nebraska, and provide a penalty therefor." 1887, p. 507. In force March 24.

3308. There shall be established in the state of Nebraska a board to be styled the Nebraska State Board of Pharmacy. Said board shall consist of the attorney general, secretary of state, auditor, treasurer, and commissioner of public lands and buildings, and said board shall appoint five (5) examiners, or secretaries, who shall be skillful retail apothecaries of seven (7) years' practical experience, actually engaged in said business in the state of Nebraska; and said secretaries shall assist said board in conducting all examinations hereinafter provided for, and in the performance of any of its duties; each of said secretaries shall receive a compensation of five dollars ($5) per day for each day's service actually and necessarily performed, and such necessary expenses as shall be audited and found just and reasonable by said board, for attending the meetings thereof; said secretaries or examiners to be selected from ten (10) practical pharmacists, recommended by the Nebraska State Pharmaceutical Association; Provided, That all such services and expenses, and all the necessary expenses of said board, shall be paid out of the moneys received by said board for fees. All moneys received in excess of said per diem allowance, and other expenses above provided for, shall be paid into the state treasury at the end of each year, and so much thereof as shall be necessary to meet the current expenses of said board shall be subject to the order thereof, if, in any year, the receipts of said board shall not be equal to its expenses. The board shall make an annual report and render account to the state auditor and to the Nebraska State Pharmaceutical Association of all moneys received and disbursed by it pursuant to this act, and the state of Nebraska shall in no case be liable for any such compensation or expenses; And provided further, That said board shall have the power to discharge any of said secretaries at any time and to fill any vacancy in the position of secretary whenever, from any cause, such vacancy exists.

3309. The said board of examiners shall within 30 days after its appointment meet and organize by the election of a president, secretary, and treasurer from its own members, who shall be elected for the term of one year and serve until their successors are elected and qualified, and shall perform the duties prescribed by the board. It shall be the duty of the board to examine all applications for registration submitted in proper form; to grant certificates of registration to such persons as may be entitled to the same under the provisions of this act; to investigate complaints when properly presented, and to cause the prosecution of all persons violating its provisions; to report annually to the governor and to the Nebraska State Pharmaceutical Association upon the condition of pharmacy in the state, which said report shall also furnish a record of the proceedings of the said board for the year, and also the names of all pharmacists registered under this act. The board shall hold meetings for the examination of applicants for registration and the transaction of such other business as shall pertain to its duties at least four times a year; said meetings to be held on the second Wednesday in February, May, August, and November in each year; and shall make by-laws for the proper fulfillment of its duties; and shall keep a book of registration, in which shall be entered the names and