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MEDICAL LAWS OF INDIANA
An Act to Incorporate Medical Societies, for the purpose of regulating the practice of Physic and Surgery in this state.
[APPROVED -- FEBRUARY 12, 1825]
WHEREAS, The act heretofore passed for the incorporation of the medical societies of the state of Indiana, has expired; and whereas, the said societies by a committee have, in their petition presented to the legislature of this state, requested that the said societies may be created bodies corporate and politic, under such modifications and provisions as may be deemed useful and expedient; and it being manifestly for the public good and the promotion of true science and particularly the knowledge of the healing art, that the prayer of their petition should be granted; Therefore,
SECTION 1. Be it enacted by the General Assembly of the state of Indiana, That it shall and may be lawful for the physicians and surgeons of the respective counties of this state, now authorized by law to practice in their professions, or who have been regularly licensed to practice as aforesaid, to meet in convention at the seat of government of this state, on the third Tuesday of this instant, or so soon thereafter as may be convenient, or any part of them not less than five in number, and shall proceed to the choice of a president, vice-president, secretary, treasurer, and other such officers as they may thing proper; who shall hold their office for one years, and until others be chosen in their places; and whenever the said society shall be so organized, they and their successors are hereby constituted and declared to be a body corporate and politic, in law and in equity, by the style and name of the Medical Society of the state of Indiana; by which name they shall be in law or equity, capable of suing and being sued, pleading and being impleaded, answering and being answered, of defending and being defended, in all courts and places, and in all matters and causes whatsoever, touching and concerning their corporation, and shall and may have and use a common seat, and may change and alter the same at their pleasure, that they be, and are hereby authorized to fix the times and places of their meetings, and may purchase and hold any estate, real and personal, for the use of said society; Provided always, That if the said physicians and surgeons shall not meet and organize at such time and place as aforesaid, it shall be lawful for them to meet at other time as a majority of them shall think proper, and their proceedings shall be as valid and effectual in law as if such meeting had been at the time before specified.
SEC. 2. That each circuit, as prescribed for holding circuit courts, shall compose one medical district, to be known as first, second or third medical district in the state of Indiana, according to the name of the circuits.
SEC. 3. That it shall and may be lawful for the physicians and surgeons of the respective districts as aforesaid, who are now authorized by law to practice in their several professions, or who have been regularly licensed to practice as aforesaid, to meet together in their respective districts, and the several physicians and surgeons so convened as aforesaid, or any part of them, being not less than six in number, shall proceed to the choice of a president, secretary, treasurer, and three censors; (Provided however, That if there are not a sufficient number of physicians and surgeons in any one district to form a society according to the provisions of this act, it would be lawful for two or more districts to be joined or consolidated for the purposes herein before declared;) said officers to continue in office one year, and until others shall be chosen in their places; and when the said societies shall be so organized as aforesaid, they and their successors are hereby constituted and declared to be severally, bodies corporate and politic, in law and in equity, by the style and name of the first, (second or third, as the case may be) Medical District in the state of Indiana; capable of suing and being sued, pleading and being impleaded, answering and being answered, of defending and being defended, in all courts and places, and in all matters and causes whatsoever in their corporate capacity; and shall and may have and use respectively, a common seal, and may change and alter the same at their pleasure; that they respectively and severally be authorized and empowered to fix the times and places of their meetings, provided the same be within their respective districts; and may severally purchase and hold any estate, real and personal, for the use of said societies.
SEC. 4. The state medical society established by the first section of this act, shall, at their second annual meeting, be composed of delegates from each district society; and the number to be elected and sent by each district society, shall be at least one and not exceeding five.
SEC. 5. That the delegates who shall compose the medical society of the state of Indiana, from each of the medical districts, shall be elected for the term of three years, immediately after they shall be assembled in consequence of the first election; they shall be divided as equally as possible into three classes; the seats of the delegates of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, so that one third may be chosen annually by the district societies respectively.
SEC. 6. That the first meeting of the members of the several district societies, shall be in their respective districts on the second Monday of June next, at such place as the state medical society may designate; when they shall choose by ballot, delegates to compose the state medical society, according to the provisions of the fourth and fifth sections of this act.
SEC. 7. The said district societies shall have power to alter and change the times and places of their meetings, if a majority of them should deem it expedient: Provided always, That their meetings be held within their respective districts, and at least sixty days anterior to the annual meeting of the state medical society.
SEC. 8. The state medical society when thus formed, at their second annual meeting shall proceed to the election of a president, vice-president, secretary, treasurer and five censors, who shall hold their offices respectively for the term of two years, and until their successors be chosen in their stead; and when so organized, the incorporating provisions of the first section are extended to them, and shall be construed to be a part of this section.
SEC. 9. The state medical society shall have power to form new district societies, and prescribe their bounds, or to alter the bounds of those now existing, or to consolidate two or more district societies into one.
SEC. 10. The state medical society shall also have power, and it shall be their duty as soon as practicable, to establish a uniform system o f the course and time of medical study, and the qualifications necessary for license, give publicity to the same, and require the district societies to conform in their examinations and rules thereto.
SEC. 11. They shall also have power and authority to form to themselves a constitution and adopt such by-laws to promote the objects of the institution, provided they be not repugnant to the constitution, or laws of the United States or of this state; to expel any of their members for misconduct; to levy a tax upon their own members not exceeding the sum of three dollars in any one year, and upon the respective district societies any sum not exceeding five dollars annually to be collected by the treasurer, for the purpose of procuring a medical library and apparatus for the encouragement of useful discoveries in chemistry, botany, pharmacy, and such other improvements as a majority of the society may thing expedient; provided the system so adopted and published be approved of by a majority of the district societies.
SEC. 12. It shall be the duty of the president to preside over and preserve order in the society during their deliberations; in the absence of the president, the vice-president shall take the chair and perform all the duties of president.
SEC. 13. The treasurer of the state medical society, and the treasurer of each and every district medical society shall, before he enters on the duties of his office, give bond to the corporation with sufficient security to be approved of by the president and secretary of the society to which he belongs, in any sum which they may adjudge sufficient for the faithful discharge of the duties of his office; and respecting the other duties of the presidents, treasurers, and other officers of the state medical society, or either of the district societies, they shall be prescribed and enforced by the constitutions and by-laws of the state medical society, or either of the district societies, or a majority of either of them may think expedient to form and adopt for the more efficient promotion of the objects and well being of the societies respectively; which when adopted, according to the provisions of this act, shall be as valid and binding upon the members of each and every of the societies as if they were incorporated in this act.
SEC. 14. It shall be the duty of the censors of the several district societies to examine all candidates for license, and if in their opinion the candidate is well qualified for the practice of physic, or surgery, or both, as the case may be, they shall grant him a diploma signed by their names and countersigned by the president and secretary of the said society, with the seal of the society affixed; which diploma shall authorize him to practice physic, or surgery, or both, as the case may be. But if in their opinion they, or a majority of them, adjudge the applicant's qualifications insufficient, they shall decline granting said applicant a diploma for practice as aforesaid: Provided always, That if any person feels himself aggrieved by the said censors, he may appeal to the society of which they are members, who are hereby required to take such measures as will most redound to the honor and dignity of the institution. Should the candidate feel aggrieved by the decision of the district society he may appeal to the state medical society, whose decision shall be final: Provided also, That it shall be the duty of the state medical society and of each of the district societies, in making up their decisions on the qualifications of any person offering himself as a candidate for license to practice as aforesaid, to take into consideration the moral character of the applicant, which if found to be bad, the censors are hereby enjoined to dismiss him without license.
SEC. 15. That it shall be the duty of the secretary of the state medical society, whenever the seats of any of the members shall become vacant to give information of the same in writing to the respective district society, to the end that such district society may supply such vacancy at their next meeting.
SEC. 16. That it shall be lawful and it is hereby enjoined upon the treasurer of the state medical society immediately after he has been elected to office according to the provisions of this act, to call upon the treasurer and secretary of the state medical society, which was incorporated by an act of the General Assembly of the state of Indiana; and approved, December the 24th, 1816, also upon the secretaries and treasurers of the several district societies who were incorporated by an act of the General Assembly of the state of Indiana; approved, December the 24th, 1816, and demand of them or either of them all monies, books, papers, documents and other papers belonging to said society; and for the purpose of recovering and possessing the same, the same remedy shall be had as in other cases of unlawful detainer: Provided nothing herein contained shall be construed to extend to any physician that has practiced in this state for the term of five years, but he may if he thinks proper, join such individual society according to the rules and regulations of such society or societies.