Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.

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Chapter 1493
Sections 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16

Margin Notes
Chap. 1493 Indian Territory. Practice of medicine and surgery in.
Sec. 2 Registration.
Sec. 3 Certificate of qualification to be filed.
Sec. 3 Proviso. Application.
Sec. 4 District board of medical examiners. Composition of.
Sec. 4 Vacancies.
Sec. 5 Oath.
    33 Stat., 300.
Sec. 6 Organization of board.
Sec. 7 Diplomas of practicing physicians.
Sec. 7 Examination in the absence of diplomas.
Sec. 8 Quarterly meetings.
Sec. 8 Examinations.
Sec. 8 Proviso. No discrimination.
Sec. 9 Certificates may be refused or revoked.
Sec. 9 Proviso. Hearing in defense.
Sec. 10 Special examinations.
Sec. 11 Certificate of registration.
Sec. 12 Fees.
Sec. 13 Quorum of board.
Sec. 13 Compensation.
Sec. 14 Approval of diplomas by the board.
Sec. 14 Fee.
    33 Stat., 301.
Sec. 14 Proviso. Diplomas issued after July 1, 1904.
Sec. 14 Requirements.
Sec. 15 Persons to be recognized as physicians, etc.
Sec. 16 Penalty for violations.
Sec. 16 Provisos. Exceptions.
Sec. 16 Osteopath, massage, etc., treatment.

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Chapter 1493
    Apr. 23, 1904. [H. R. 11963.] | [Public, No. 157.] 33 Stat., 299.
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An act regulating the practice of medicine and surgery in the Indian Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no person shall practice medicine and surgery, or either, as a profession in the

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Indian Territory without first being registered as a physician and surgeon, or either, in the office of the clerk of the United States court in the district in which he or she offers to practice.

SEC. 2

That each district clerk in the Indian Territory shall keep in his office a well-bound book, in which he shall register the names of all such persons as shall be lawfully qualified, as hereinafter provided, and who shall apply for registration as physician and surgeon, or either, with the date of such registration.

SEC. 3

That hereafter any person who may wish to practice the science of medicine or surgery, or both, in the Indian Territory shall be allowed to register as such who shall file with the clerk of the United States court of any district in the Indian Territory a certificate of qualification signed by a majority of the board of medical examiners of the district in the Indian Territory in which he or she offers to register: Provided, That any person living in a district in which no board is organized may apply to the board of some other district in the Indian Territory.

SEC. 4

That immediately after the passage of this act the United States judge of each district in the Indian Territory shall appoint for his district a board of medical examiners, consisting of three persons, who shall be citizens of the district and learned in the science of medicine and surgery, of good moral character, graduates of some reputable medical college recognized by either of the American medical college associations, and who shall thereafter be duly registered under this act, who shall hold their office for a period of four years, or until their successors are duly appointed and qualified; and should a vacancy occur in any of said boards at any time, the same shall be filled by appointment made by the United States judge of the district in which the vacancy occurs.

SEC. 5

That the members of said board shall, before entering upon the discharge of their duties, take the official oath required to be taken by officers of the Indian Territory.

SEC. 6

That at the first meeting of the members of such boards, after they shall have been appointed, preparatory to the transaction of business assigned them under this act, they shall organize by electing one of their members as president and another as secretary, and adopt a seal.

SEC. 7

That physicians and surgeons who shall be engaged in practice at the time of the passage of this act shall each, within six months thereafter, present to said board their diplomas, together with affidavit in each case that the affiant is the lawful possessor of the same and he is the person named therein. Such as have no diplomas shall within the same time submit sworn applications, setting forth the extent of their medical education and their experience as practitioners, and shall be subjected to a careful examination by the board.

SEC. 8

That the regular meetings of each board shall be held quarterly at the court-house of that district on the first Monday in January, April, July, and October in each year, and when so assembled said board shall faithfully and impartially examine all such persons as shall appear before them for that purpose touching their qualifications to practice medicine and surgery, or either, and all such persons as shall satisfy such board of examiners, or a majority of them, that he or she is of good moral character and duly qualified in knowledge and capacity to practice medicine and surgery, or either, shall receive from such board a certificate of qualification as physician and surgeon, or either, as the case may be, which certificate shall entitle such person to registration under the provisions of sections two and three: Provided further, That no person desiring to practice medicine under this act shall be excluded therefrom on account of any particular system or school of medicine that he or she may desire to practice.

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SEC. 9

That the board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like causes: Provided always, That they have given the person an opportunity to be heard in his or her defense.

SEC. 10

That any person desiring to be examined at any time other than the regular quarterly meeting shall notify the president of the board of such desire, whose duty it shall be to assemble the board as soon as practicable and examine such applicant.

SEC. 11

That the district clerk shall give to every person registered under this act a certificate of registration over his signature and official seal, and such certificate shall authorize any such person to practice as physician or surgeon, or both, as the case may be, in any district in the Indian Territory, provided he or she registers said certificate with the clerk of the United States court for each district in which he or she desires to practice.

SEC. 12

That the clerk shall receive as his fee for all services required of him under this act in each case the sum of one dollar and fifty cents.

SEC. 13

That any two members of said board shall constitute a quorum for the transaction of all such business as shall come before it, and each applicant for examination shall pay in advance to the secretary, to be divided equally among the members of such board, the sum of ten dollars, which shall be their only compensation.

SEC. 14

That all physicians and surgeons holding diplomas desiring to practice the science of medicine and surgery in the Indian Territory shall submit the same to the board of examiners for the district in which they desire to practice for examination and approval, for which said applicant shall pay a fee of one dollar to said board, and upon approval by said board of said diploma shall not be required to undergo the examination herein provided for; and said board shall issue to said applicant a certificate of approval, which certificate shall be registered in the clerk’s office for the district in which said board holds jurisdiction: Provided, however, That no person holding a diploma issued after July first, nineteen hundred and four, shall be permitted to practice medicine or surgery for pay in the Indian Territory except that the diploma be issued by a medical school or college requiring a preliminary examination for admission to its course of study in all the common branches and the higher mathematics, which requirements, shall be regularly published in all the advertisements and in each prospectus or catalogue issued by said school, which medical school or college shall also require as a requisite for granting the degree of doctor of medicine attendance upon at least four courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of capable professors in all the different branches of medical education, to wit, anatomy, physiology, chemistry, toxicology, histology, pathology, hygiene, materia medica, therapeutics, obstetrics, bacteriology, medical jurisprudence, gynecology, principles and practice of medicine and surgery, and specially requiring clinical instruction in the last two named of not less than four hours per week in each during the last two courses of lectures.

SEC. 15

That any person who shall prescribe or administer medicine for or who shall in any manner treat disease, wounds, fractures, or other bodily injury for pay shall be deemed physicians and surgeons under this act.

SEC. 16

That any person who shall hereafter engage in the practice of medicine and surgery, or either, in the Indian Territory, in violation of the requirements of this act, shall be deemed guilty of a misdemeanor, and upon conviction in any court having jurisdiction thereof under the laws of the United States governing the practice of medicine and surgery in the Indian Territory shall be fined in any

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sum not less than twenty-five dollars and not more than one hundred dollars; and each day said physician or surgeon shall practice medicine or surgery without being registered as hereinbefore required shall be deemed a separate offense: Provided, however, That nothing in this act shall be construed to prohibit gratuitous service in cases of emergency or the domestic administration of family remedies. And this act shall not apply to surgeons in the service of the United States in the discharge of their official duties, or to physicians or surgeons from other Territories or States when in actual consultation with a physician or surgeon duly registered as provided herein: And provided further, That osteopath, massage, Christian Science, and herbal treatment shall not be affected by this act.

Approved, April 23, 1904.

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