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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 1816 Act of 1816

AN ACT to regulate the practice of Physic and Surgery.

[DECEMBER 24, 1816, APPROVED]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That for the purpose of regulating the practice of physic and surgery in this state; each circuit as laid off 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 circuit.

SEC. 2. In each medical district, there shall be a board of medical censors, to be organized in the following manner, viz: Doctors Elias M. Namee, Jacob Kuykendall, David M. Hale, Thomas Polke & Joel F. Casey are hereby declared to be, and compose the first board of medical censors, in and for the first medical district of the state of Indiana; Doctors Bradley "of Salem," P. R. Allen, Andrew P. Hay, James B. Slaughter and Samuel Meriwether, shall be and constitute the first board of medical censors, in and for the second medical district; and Doctors Jabez Purcival, D. F. Sacket, D. Oliver, Jno. Howes and Ezra Ferris, shall be and constitute the first board of medical censors in and for the third medical district. The medical censors of the first medical district are authorized and required to meet at the house of Peter Jones in the town of Vincennes, on the first Monday of June, in the year eighteen hundred and seventeen, and the medical censors of the second medical district, are authorized and required to meet at the court house in the town of Salem, on the first Monday of June, eighteen hundred and seventeen; and the medical censors of the third medical district are authorized and required to meet at the house of Walter Armstrong in the town of Lawrenceburg, on the first Monday of June, in the year eighteen hundred and seventeen, for the purpose of examining and licencing physicians to practice in this state.

SEC. 3. The medical censors of each medical district, or a majority in each district having assembled in conformity to the preceding section, may, and they are hereby required to give notice by a written communication to the practising physicians in their respective districts, that they are appointed a board of medical censors for their respective districts, & that on a day and place certain to be designated by the censors of each district; there will be a meeting of the licensed physicians in their respective districts, to organize the medical society of the state of Indiana; and that in the meanwhile, they will in conformity to the provisions of this act; on application examine and licence to practice medicine, such as may apply to them and be judged qualified.

SEC. 4. The first board of medical censors in each medical district, or a majority of them, when assembled agreeably to the second section of this act, and until they shall be superceded in office, are, and shall be authorised to examine, and licence to practice medicine in this state; all who, on application, may be by them thought worthy of this important trust.

SEC. 5. In each medical district, the censors and licensed physicians of such district, having assembled in conformity to the provisions of this act, at the time and place mentioned and designated by the respective board of censors, may then, and from time to time thereafter, elect their own president, secretary and medical censors; and being thus organized, shall from thence forward, be known in law and in equity, as a body corporate and politic, by the name and style of the board of physicians of the medical district of Indiana, and as such, may sue and be sued, plead and be impleaded, answer and be answered unto, and do and transact such business as they may be authorised by law, in their corporate capacity.

SEC. 6. Should the medical censors or a majority of them, of either medical district, as provided for in this act, refuse or neglect to comply with the requisitions and duties prescribed them by this act, by the first day of October next, then, and in that case, it shall and may be lawful, for the practising physicians of such medical district on that day to assemble themselves in their respective districts, at the place or places mentioned in the second section of this act; any five of whom having met in such district, may proceed to choose their own president, secretary and medical censors; and shall thenceforward be known in law and in equity, as a body politic and corporate, with the same powers and privileges, as if the same had been formed by the medical censors and licensed physicians of such district as mentioned in the preceding section.

SEC. 7. The board of physicians of each medical district shall have power to make their own bye-laws not inconsistent with the laws and constitution of this state, and for that purpose may after being organized, at their first meeting, adjourn to any other time and place they may think proper, Provided, they shall meet in their own district, and shall not adjourn to more distant time than six months after any meeting, at which such adjournment is made.

SEC. 8. It shall be the duty of the board of physicians of each medical district to admit to membership every physician or surgeon residing or wishing to practise in such district, who shall on examination before them, give proof of their qualification to practise in either of such professions, and reasonable evidence of their moral character; also to expel any member, who may be guilty of intemperance or immorality, on the same being duly proven before them.

SEC. 9. Each board shall publish their meetings a sufficient time beforehand, so that the time and place thereof may be generally known, and for the purpose of defraying the expenses thereof, and such other expenses as may be necessary in carrying into effect the provisions of this act, they may demand of each member on admittance any sum not exceeding five dollars, and a sum of each of the members of the society, not exceeding five dollars annually thereafter.

SEC. 10. No person who is not a member of the board of one of the medical districts of this state, shall have the benefit of the law for collecting his charges for professional services rendered by him after such board is organized: Provided however, Any person obtaining a permit to practise from any two of said board shall be considered as a member until their next meeting, and any person a member of a medical society and living in an adjoining state shall be entitle to all the privileges of a member of the board of physicians in this state.

SEC. 11. Each board of physicians shall forward to the president of the senate of this state at their next session, a copy of their bye laws and rules established according to the provisions of this act, at which time the general assembly shall reserve to themselves the privilege of making such further regulations as they may think proper.

SEC. 12. It shall not be lawful for any physician or surgeon to charge or receive more than twelve and a half per mile for every mile he shall travel in going to and returning home from the place of residence (for the time being) of his patient, with an addition of a hundred per centum for travelling in the night. Nothing in this act shall prevent a future general assembly from making any alterations therein or from repealing it if they deem it expedient, neither shall any provision in this act prevent any person or persons of regular and respectable standing in the profession of physic and surgery in a neighboring state or territory from practising in this state.