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Indiana Commission on Public Records

ICPR > State Archives > Collections > The History of the Regulation of Medical Practice in Indiana: 1850-1900 > Indiana Heritage Research Grant - Online Exhibit > Medical Legislation: Texts of Acts > Act of 1897 Act of 1897

MEDICAL LAWS OF INDIANA

INDIANA MEDICAL LAW OF 1897, WITH AMENDMENTS OF 1899.

[ORIGINAL LAW TOOK EFFECT APRIL 14TH, 1897.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana: That it shall be unlawful for any person to practice medicine, surgery or obstetrics in this State without first obtaining a license to do so, as hereinafter provided.

SEC. 2. After this law goes into effect, any person desiring to begin the practice of medicine, surgery or obstetrics in this State, shall procure from the state Board of medical registration and examination a certificate that such person is entitled to a license to practice medicine, surgery and obstetrics in the State of Indiana; and in order to procure such certificate the applicant shall submit to the State board of medical registration and examination his diploma, with an affidavit setting forth the time and number of terms, duration of each term applicant was required to be in attendance at said school in order to complete said course of study, and that the affiant is the person to whom such diploma was issued. Such application shall be accompanied by the affidavit of two freeholders resident in the same county in which the applicant resides, stating that the applicant is the person named in the accompanying diploma and application for a certificate. All diplomas received by the board shall be returned to the person owning the same, and for failure to return any diploma to its lawful owner within a reasonable time the secretary of said board shall be liable on his bond for damages in the sum of twenty-five dollars ($25.). Such applicant shall pay to said board the sum of ten dollars ($10.) at the time of making such application. All person who were practicing medicine, surgery and obstetrics in the State of Indiana on March 8, 1897, and have not complied with the provisions of the law, and desiring to continue the same, shall, on or before July 11th, 1899, obtain a certificate that they are entitled to do so by presenting to the State board of medical registration and examination the license possessed by them at the time of the passage of this law, together with an affidavit that they are the legal possessors of the same, and the persons mentioned therein, and such applicant shall pay to the board the sum of one dollar ($1.) at the time of making such application. The board shall thereupon issue to such applicant a certificate, which, when presented to the county clerk of the proper county shall entitle the holder to a license to practice medicine, surgery and obstetrics in the State of Indiana. In the event an applicant for a certificate from the State board of medical registration and examination shall present a diploma from a medical college which is not recognized as maintain a sufficiently high grade or standard of medical education as defined and fixed in the records of the board, the applicant shall have the privilege of being examined as to his qualifications to practice medicine, surgery and obstetrics in such manner as the board shall provide, and if he shall pass an examination satisfactory to the board, he shall receive a certificate, the same as if he has presented a satisfactory diploma and other evidences of qualifications for the practice of medicine. But if he should fail to pass such examination he shall be permitted to submit to another examination within twelve months from the time of the first examination. He shall pay to the State board of medical registration and examination the sum of twenty-five dollars ($25.). Provided, however, that payment of said sum of twenty-five dollars ($25.) shall entitle him to a re-examination in case of failure at the first or any subsequent examination; and provided, further, that if such applicant shall fail to pass the examination prescribed by such board of medical registration and examination, he shall have the right to an appeal to the circuit or superior court of the proper county, requiring such board to show cause why such applicant should not be permitted to practice medicine, surgery or obstetrics in the State of Indiana, upon the applicant giving a good and satisfactory bond to be approved by the court, to secure all costs of suit should the appeal be determined against him. Upon the receipt of the certificate by the applicant from the State of Indiana. The person receiving such license shall pay to the county clerk fifty (50) cents as his fee for issuing and recording such license. as hereinafter provided. In case of change of residence from one county to another within this State, the holder of a physician's license shall obtain a new license in the county where he proposes to reside, by filing with the county clerk the license obtained by him in the county in which he last resided, in the same manner as provided for on the presentation of his certificate from the State board of medical registration and examination, and the clerk shall issue him a new license.

SEC. 3. It shall be the duty of the clerk of the county in which an applicant resides to issue to the person presenting such certificate, as hereinbefore provided for, a license under his official seal in the following form:

State of Indiana, County of ______________, ss.:

I, ____________________, Clerk of the Circuit Court of ___________ county, in the State of Indiana, do hereby certify that _________________________ has complied with the laws of the State of Indiana, relating to the practice of medicine, surgery and obstetrics, and is hereby authorized to practice medicine, surgery and obstetrics in the county and State aforesaid.

Witness my hand and seal of said court, this __ day of ____________ 19__

__________________ , Clerk.

SEC. 4. Within thirty days after this law goes into effect it shall be the duty of the governor of the State of Indiana to appoint a State board of medical registration and examination, composed of five (5) members, who shall serve, two for one year, one for two years, one for three years and one for four years; and their successors for a term of four years each. No school of system of medicine shall have a majority representation on such board. Said board shall be non-partisan, and not more than three shall be members of any one political party. The governor shall select members of said board of graduates of any college of medicine of good repute. Provided, that no professor or teacher in a medical college shall be appointed as a member of such board; provided, further, that each of the four schools of systems of medicine having the largest numerical representation in the State shall have at least one representative on said board. Should a vacancy occur in said board by death, resignation, removal, or otherwise, then it shall be the duty of the governor to fill the vacancy from the school or system entitled to representation by virtue of such vacancy. The governor shall have power to remove any member of said board for incompetency, gross immorality, for any abuse of his official power, or for other good cause, and may fill any vacancy thus occasioned by appointment. Any person appointed to fill any vacancy on such board, whether occasioned by the death, resignation, removal or otherwise, shall hold for the unexpired term of the member whose place he is appointed to fill.

SEC. 5. It shall be the duties of the members of the State board of medical registration and examination to meet in the city of Indianapolis within thirty days after their appointment, and organize by the election of a president, secretary and treasurer, who shall serve until the second Tuesday in January following, and their successor shall be elected on the second Tuesday in January annually thereafter. The said board shall hold regular meetings on the second Tuesday in January and July of each year, and as often in addition as may be necessary for the transaction of such business as may properly come before it under the provisions of this act, and shall have power to make all necessary rules and regulations for the transaction of its business. For their services the members shall receive the sum of six dollars ($6) per day, and their traveling expenses necessarily incurred in the attendance upon the business of said board. It shall be the duty of the secretary of said board to keep a record of all applications for certificates, and such record shall contain al the facts set forth in such applications, including the action of the board thereon, and shall execute all orders of said board, and the secretary shall have for such service the sum of two hundred and fifty dollars ($250) per annum, to be paid from the funds of said board, and said board may employ a clerk, and fix his salary at not more than five hundred dollars ($500) per annum. It shall be the duty of the treasurer of said board to pay quarterly all moneys received by the board to the treasurer of the State, which moneys shall be credited to a separate and permanent fund for medical registration and examination, which is hereby created. All moneys so paid to the treasurer of the State shall remain and be a separate and permanent fund for the maintenance of the said board of medical registration and examination. The said board shall, by its president and secretary, from time to time, certify to the auditor of the State, the necessary expenses incurred by the said board, including the salaries and per diem of the members, and the auditor shall issue his warrant for the same, which shall be paid out of the fund so established for the maintenance of the said board. Provided, that no order shall be drawn by any State official on any fund other than the above named fund for any salaries of the board incident to the administration of this act. The treasurer and secretary of said board shall each five bond in the sum of five thousand dollars ($5,000) with sureties to be approved by the governor, which bonds shall be filed with the auditor of State. The members of the State board of medical registration and examination are authorized to administer oaths in matters relating to the discharge of their official duties. The State board of medical registration and examination is charged with the duty of enforcing this act, and it shall be the duty of the prosecuting attorney, upon the complaint of the board, to prosecute any violation of this act. The State board of medical registration and examination shall from time to time establish and record in a record, kept by them for that purpose, a schedule of the minimum requirements which must be complied with by applicants for examination for license to practice medicine, surgery and obstetrics before they shall be entitled to receive such license. The said board shall also, in like manner, establish and cause to be recorded in such record a schedule of the minimum requirements and rules for the recognition of medical colleges, so as to keep these requirements up to the average standard of medical education in other States. After the year 1897 no change shall be made in such schedules of requirements in any year after the month of January of such year, nor shall any change be made to have any retroactive effect, or that shall effect students theretofore matriculated. Such record shall at all times be open to examination by the public, and the said schedules of requirements, after they have been established and recorded, and all changes made therein, shall be printed in circular form, and mailed to all medical colleges in the State, and shall also be furnished to any person upon application. Said board shall not, in the establishment of the aforesaid schedules of requirements, discriminate for or against any school or system of medicine, nor shall it prescribe what system or systems or schools of medicine shall be taught in any of the colleges, universities or other educational institutions of the State. It shall have power to make and establish all necessary rules and regulations for the reciprocal recognition of certificates issued by other States, and to prevent unjust and arbitrary exclusions by other States of graduates in medicine from this State who have filled its requirements. When an application for a certificate is made, and a diploma submitted, as herein provided, it shall be the duty of the State board medical registration and examination to determine, upon the evidence presented, whether such diploma rightfully belongs to and was issued to the person making application for a certificate, and whether the medical college that issued the diploma maintains a standard of medical education conforming to that fixed by the State medical registration and examination, and whether the application otherwise complies with the rules of the board. If these facts are shown by competent evidence, it shall be the duty of the State board of medical registration and examination to issue a certificate signed by its president and secretary, and under its official seal, stating that the person applying for such certificate and possessing such diploma is entitled to a license to practice medicine, surgery and obstetrics in the State of Indiana. The board at its discretion may authorize the secretary to issue a temporary permit to an applicant, for the interim from date of application until the next regular meeting of the board. The State board of medical registration and examination shall have the right to review the evidence upon which a license has been obtained, and if it shall be found that a license has been obtained by fraud or misrepresentation, the board may revoke such license. The board may refuse to grant a certificate to any person guilty of felony or gross immorality, or addicted to the use of liquor or drug habit to such a degree as to render him unfit to practice medicine or surgery, and may, after notice and hearing, revoke a certificate for like cause. An appeal may be taken from the action of the Board. If any person holding a license under the provisions of this act shall be guilty of any of the above enumerated acts, the license of such person may be revoked by the board, upon the finding and judgment as hereinbefore provided that the holder thereof has been guilty of any of the above enumerated acts. A specific written charge, verified by affidavit, must be presented to the board, making definite and specific charges of such offense against the holder of such license. It shall thereupon be the duty of the board to refer such certified charge to the circuit court of the county in which the holder of such license resides. The clerk of such court shall thereupon docket the same as a cause pending in said court. The said certified charge shall be treated as a complaint, and summons shall issue thereupon to the accuses, as in ordinary civil cases. The accused may appear and plead to said charge and issues may be formed thereon, as in civil cases, which shall thereupon be tried by the judge of said circuit court. It shall be the duty of the prosecuting attorney of said circuit to appear in such causes and represent the board. The only finding and judgment in such cases shall be guilty or not guilty as to each charge, The judgment of the court upon such charges shall be at once certified to the board by the clerk of said court. If the finding of the court is "guilty" as to any one of said charges, said board may thereupon make an order revoking such license. If judgment of "guilty" is awarded in such cause, the costs of such proceeding shall be recovered of the accused and a fee of ten dollars shall be taxed therein in favor of the prosecuting attorney.

SEC. 6. All persons practicing midwifery in this State, and who have practiced it for ten years last preceding March 8th, 1897, and desiring to continue the same shall, on or before July 11th, 1899, make application to the State board of medical registration and examination by submitting an affidavit, fully attested, giving the name, age, residence, the length of time during which and the place or places at which the applicant has been engaged in such practice, and the special education, if any, which the applicant has received for such practice. Such application shall be accompanied by the affidavits of two freeholders, duly attested, that the applicant is known to them as the person applying for a certificate to practice midwifery, and that such applicant has been engaged in the active practice of midwifery, giving the location or locations of such practice, for the last ten (10) years previous to the passage of this act. Upon such application and the payment of ($1) the State board of medical registration and examination shall issue to the applicant a certificate which shall, when presented to the county clerk, entitle the holder to a license to practice midwifery in this State. All persons desiring to enter upon the practice of midwifery in this State after this law goes into effect shall present to the State board of medical registration and examination their diplomas, duly attested, and procured from an obstetrical school of such standing as shall be recognized and determined by the board. Such applicant shall pay to said board the sum of five dollars ($5) at the time of making such application; or such applicant shall submit to an examination in midwifery as the board shall require, and pay a fee of ten dollars ($10). Such evidence of qualification being satisfactory to the board, it shall issue a certificate entitling the holder to a license from the clerk of the county in which the applicant resides, which license shall entitle the holder to practice midwifery in this State. The license thus issued shall conform to all requirements of registration imposed upon physicians' licenses in section 2 of this act, and shall be subject to revocation for the same cause as provided in section 5 in case of license to physicians.

SEC. 7. Nothing in this act shall be (so) construed as to discriminate against any school or system of medicine, or to prohibit gratuitous services in cases of emergency, or to the administration of family remedies. This act shall not apply to any commissioned officer of the United States army, navy or marine hospital service in the discharge of his official duties; nor to any physician or surgeon who is legally qualified to practice in the State or Territory in which he resides when in actual consultation with a legal practitioner of this State; nor to any physician or surgeon residing on the border of a neighboring State and duly authorized to practice under the laws thereof, whose practice extends into the limits of this State. Provided, that such practitioner shall not open an office or appoint a place to meet patients or receive calls within the limits of this State. This act shall not be construed to prevent medical students from practicing medicine and surgery under the immediate and direct supervision of a licensed physician for a limited period of two years; provided, however, that the said student had not practiced medicine, surgery or obstetrics prior to the passage of this act; in the event the amount of time said student has practiced medicine, surgery or obstetrics shall be deducted from the said two years herein mentioned; and in no event shall the said student open an office or offer to engage in the practice of medicine, surgery or obstetrics. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall subject the offender to a fine of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200).

SEC. 8. To open an office for such purpose or to announce to the public in any way a readiness to practice medicine in any county of the State, or to prescribe for, or to give surgical assistance to those suffering from disease, injury or deformity, shall be to engage in the practice of medicine within the meaning of this act.

SEC. 9. Any person who shall practice medicine, surgery or obstetrics in this State without having a license duly issued as hereinbefore provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200).

SEC. 10. All laws and parts of laws in conflict with this act are hereby repealed, and also an act entitled "An act regulating the practice of medicine, surgery and obstetrics, providing for the issuing of licenses to practice, defining certain misdemeanors, and providing penalties," approved April 11th, 1885, and all amendments thereto be and the same are hereby repealed.

Additional Section. Twelve hundred copies of the annual report of the board to the governor shall be printed in the same manner as is the report of the State board of health, and the printing and stationery of the board shall be paid out of the printing fund.

HOW TO OBTAIN A LICENSE TO PRACTICE MEDICINE IN INDIANA.

All applicants must be bona fide residents of the county and State.

Every applicant must procure the necessary blank from his county clerk, fill it out carefully and make affidavit to the same before some officer authorized to administer oaths, also have two freeholders, residents of the same county in which applicant resides, make affidavit as to the moral character and to the personal identity of the applicant as the person mentioned in the diploma. The application blank, when properly filled, together with diploma and ten dollars, must be sent by express or registered mail to the State board of medical registration and examination, Room 120, State House, Indianapolis, Indiana.

Those who desire to apply for license to practice obstetrics must follow the same directions as above, but the fee is only five dollars.

The State board of medical registration and examination at its next meeting after the complete filing of the papers will examine the same, and if satisfactory will issue its certificate. Upon receipt of the certificate by the applicant he shall, upon the presentation of the same to the clerk of the county in which he resides, receive a license to practice medicine, surgery and obstetrics within the State of Indiana. The recipient of such license shall pay to the county clerk fifty cents as his fee for issuing and recording the same.

In case of change of residence from one county to another within this State, the holder of a physician's license shall obtain a new license in the county where he proposes to reside by filing with the county clerk the license obtained by him in the county in which he last resided, and the clerk shall issue to him a new license.

Temporary permits to practice medicine, surgery and obstetrics until the next meeting of the board are issued on payment of five dollars extra, when the application is complete and satisfactory.

No person is qualified to practice medicine, surgery or obstetrics within the State of Indian who has not first procured a license or temporary permit to do so under the acts of 1897 on 1899.

All persons who desire to take an examination before the Board are required to apply to the clerk of the board, who will furnish a blank form of application and also an affidavit blank as to moral character. These, properly filled and accompanied by the fee of $25, must be on file at least five days before the semi-annual meeting fixed by law.

Examination for obstetric license is the same as above, except the fee is $10.

The regular sessions of the board are held the second Tuesday in January and July of each year.

Applications on license, or on the ten years' clause, must be filed on or before July 11th, 1899.

All fees must be sent by registered mail, express, postal note or draft. Individual checks are not accepted by the board.