Osteopathic Practice Laws of Michigan Act. No. 162, Public Acts of 1903, Amended by Act Noof 1913 Osteopathic Practice Laws of Michigan An Act To regulate the practice of Osteopathy in the State of Michigan, to provide for the examination, licensing and regulation of Osteopathic practitioners, to appoint a State Board of Osteopathic Reg- istration and Examination and for the punishment of offenders against this Act and to repeal Acts and parts of Acts in conflict therewith The People of the State of Michigan enact: Section 1.-There shall be a State Board of Osteopathic Registration and Examination, con- sisting of five persons, appointed by the Governor by and with the advice and consent of the sen- ate, in the following manner, to-wit: Within thirty days after the passage of this act, the Gov- ernor shall appoint five persons having the qual- ifications required by this section, who shall con- stitute the first Board of Osteopathic Registration and Examination. The terms of office shall be so designated by the Governor that the term of one member shall expire each year, these several periods to date from May I, 1903. Thereafter, in each year prior to May first, the Governor, by and with the advice and consent of the sen- ate, shall in the same manner, appoint one person to fill the vacancy to occur on the board on that date, from expiration of term. A vacancy occur- ring from any other cause shall be filled by the governor for the unexpired term in the same manner, by and with the advice and consent of the senate, if in session when such vacancy oc- curs, or in other cases subject to the approval of the senate at its regular session. Each per- son appointed as a member of the board shall, before receiving his certificate of appointment, file with the governor a certificate of the Michi- gan State Osteopathic Association, a corpora- tion duly organized under the laws of the state of Michigan, under the seal of its president and secretary, setting forth that the person named in the certificate is a graduate of a reputable col- lege or school of Osteopathy; that he has been engaged in the practice of Osteopathy in the state of Michigan for two years or more; that he is of good moral character, and that he is of good standing in his profession. The board shall organize by electing a president, secretary and treasurer, each to serve for a term of one year. TheTreaurer shall give bond in the sum of five thousand dollars, with surety approved by the board for the faithful discharge of his du- ties. The secretary shall receive a salary to be fixed by the Board of not exceeding six hundred dollars per annum. The members of the board shall each receive their actual expenses for the time actually employed in the discharge of their duties. The Board shall have a common seal, and shall formulate rules to govern its actions. Its President and Secretary shall have power to administer oaths. The board shall hold its an- nual meeting in Lansing on the first Tuesday of September of each year, and other meetings at such other times and places as a majority of the board may appoint. Three members of the board shall constitute a quorum but no certificate to practice Osteopathy shall be granted on an affirmative vote of less than three. The board shall keep a record of its proceedings, and a reg- 2 ister of all applicants for certificates, giving the name and location of the institution granting the applicant the degree of doctor of Osteopathy, the date of his diploma, and also whether the appli- can was rejected or a certificate granted. The books and register of the board shall be prima facie evidence of all matters recorded therein. The board shall create no expense ex- ceeding the sum received from time to time as fees and fines herein provided. Section 2.-Any person before engaging in the practice of Osteopathy in this state, shall upon the payment of a fee of twenty-five dollars, make application for a certificate to practice Os- teopathy to the Board of Osteopathic Registration and Examination, on a form prescribed by the Board, giving first his name, age (which shall not be less than twenty-one years) and residence; second, evidence that such applicant shall have, previous to the beginning of his course in Os- teopathy, a diploma from a high school, academy, college or university, approved by aforesaid board, or in lieu thereof, its equivalent creden- tial to be approved by the board; third, the name of the school or college of Osteopathy from which he was graduated, and which shall have been in good repute, as such, at the time of the issuing of his diploma, as determined by the Board; fourth, the date of his diploma, and evi- dence that such diploma was granted on per- sonal attendance and completion of of study of not less than th/ee-years of nine months each, and such other information as the board may require. The board may in its discretion accept as the equivalent of any part or all of the second and third requirements, evidence of five or more years' reputable practice of Osteo- pathy, by an Osteopathic physician located in the state at the time of the passage of this act: Provided, That such substitution be specified in the certificate. If the facts thus set forth, and to which the applicant shall be required to make 3 affidavit, shall meet the requirements of the Board, as laid down in its rules, then the Board shall require the applicant to submit to an exami- nation as to his qualifications for the practice of Osteopathy, which shall include the subjects of anatomy, physiology, chemistry, toxicology, path- ology, bacteriology, histology, neurology, diag- nosis, obstetrics, gynecology, surgery, hygiene, public health laws of Michigan, medical juris- prudence, principles and practice of Osteopathy and such other subjects as the Board may re- quire. If such examination be passed in a manner satisfactory to the Board,then the Board shall issue its certificate granting him the right to practice Osteopathy in the State of Michigan, in all its branches as taught and practiced in the recognized colleges and schools of Osteopathy. Any person failing to pass such examination may be re-examined at any regular meeting of the Board within a year from the time of such fail- ure without additional fee: Provided, further, That the Board may, in its discretion, dispense with an examination of the case, first, of an Os- teopathic physician duly authoried to practice Os- teopathy in any other state or territory, or the District of Columbia, who presents a certificate or license issued after an examination by the le- gally constituted board of such state, territory or District of Columbia, accorded only to appli- cants of equal grade with those required in Michigan; or, second, an Osteopathic physician who has been in legal practice of Osteopathy for five years, who is a graduate of a reputable school of Osteopathy, who may desire to change his residence to Michigan, and who makes applica- tion on a form to be prescribed by the Board, ac- companied by a fee of twenty-five dollars. The Board of Osteopathic Registration and Examina- tion shall refuse to issue a certificate of registra- tion provided for in this section to any person guilty of grossly unprofessional and dishonest conduct. 4 Section 3.-All fees shall be paid in advance to the Treasurer of the Board, and by him at once covered into the State Treasury to the credit of a continuing fund, which is hereby appropri- ated for the use of the State Board of Osteo- pathic Registration and Examination. The com- pensation of the Secretary and expenses proper and necessary in the opinion of said Board to discharge its duties under and to enforce the law, shall be paid out of such fund, upon fully itemized bills certified by the President and Secre- tary as having been duly authorized by the Board. Such bills shall be presented to the Audi- tor General who shall draw his warrant upon the State Treasurer for the payment thereof. Section 4.-The certificate provided in section 2 of this act shall entitle the holder thereof to practice Osteopathy in the state of Michigan, in all of its branches as taught and practiced by the recognized colleges or schools of Osteopathy, but it shall not authorize him to practice medi- cine within the meaning of Act No. 237 of the Public Acts of 1899, or acts amendatory there- to: Provided, That nothing in this act shall be construed as to prohibit any legalized Osteo- pathic physician in this state from practicing medicine and surgery after having passed a sat- isfactory examination before the State Board of Medical Examiners in the State of Michigan. Os- teopathic physicians shall observe and be sub- ect to the state and municipal regulations relat- ing to the control of contagious diseases, the reporting and certifying of births and deaths, and shall have the right to certify to births and deaths. Section 5.-Every person holding a certificate from the State Board of Osteopathic Registra- tion and Examination, shall have it recorded in the office of the county clerk of the county in which he expects to practice, and the date of the recording shall be indicated thereon. Until such certificate is filed for record the holder shall 5 exercise none of the rights or privileges con- ferred therein. The county clerk shall keep, in a book provided for the purpose, a complete list of all the certificates recorded by him, with the date of the recording of each certificate. Each bolder of a certificate shall pay to the county clerk a fee of one dollar for making such rec- ord. Section 6.-Any person who shall practice or attempt to practice, or use the science or system of Osteopathy in treating diseases of the hu- man body, or any person who shall buy, sell or fruadulently obtain any diploma, license, record, or registration to practice Osteopathy, or who shall aid or abet in such selling or fraudulent obtaining; or who shall practice Osteopathy un- der cover of any diploma, license, record, or reg- istration to practice Osteopathy, illegally obtain- ed, or signed or issued unlawfully or under fraudulent representations; or who after con- viction of felony shall practice Osteopathy, or who shall use any of the forms of letters, "Osteo- path," "Osteopathist," "Osteopathy," ' 'Osteo- pathic Practitioner,'' "Doctor of Osteopathy," "Diplomate in Osteopathy," "D. O.," or any oth- er titles or letters, either alone or with qualify- ing words or phrases, under such circumstances as to induce the belief that the person who uses such terms is engaged in the practice of Osteo- pathy, without having complied with the provi- sions of this act, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than fifty dollars, nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than one year, or both: Provided, That nothing in this act shall be construed as prohibiting any lawfully qualified Osteopathic physician in any other State or county meeting a registered Osteo- pathic practitioner in this State for consulta- tion ; or any Osteopathic physician residing on the border of a neighboring state, and duly an- 6 thorized under the laws thereof to practice, whose practice may extend into this State, and who does not open an office or appoint a place of meeting or receive calls in this State; or any Osteopathic physician duly registered in one county, called to attend isolated cases in another county. It shall he the duty of the prosecuting attorneys of the counties of this State to prose- cute violations of the provisions of this act. Section 7.-This system, method or science of treating diseases of the human body known as Osteopathy is hereby declared not to be the prac- tice of medicine, or surgery within the meaning of act number two hundred thirty-seven of the public acts of eighteen hundred ninety-nine of the State of Michigan and not subject to the provi- sions of said act: Provided: That this act shall not apply to any legally qualified medical prac- titioner practicing medicine and surgery, under act number two hundred thirty-seven of the pub- lic acts of eighteen hundred ninety-nine or acts amendatory thereto, nor shall this act apply to masseurs or nurses practicing massage or manual Swedish movements in this State. Section 8.-All acts or parts of acts in conflict with this act are hereby repealed. Approved. 7