Medical Practice Laws of Michigan Act No. 237, Public Acts of 1899, Amended by Act No. 191, of 1903, Act No. 56, of 1905, Act No. 161, of 1905, Act No. 207, of 1905, Act. No. 164. of 1907, Act. No. -95-, of 1913. MEDICAL PRACTICE LAWS OF MICHIGAN AN ACT To Provide for the Examination, Regulation. Licensing and Registration of Physicians and Surgeons, 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. That the governor shall appoint, by and with the advice and consent of the sen- ate, ten resident electors of the State, who shall constitute a Board of Registration in Medicine. Not more than five of the persons so appointed shall be from the school of medi- cine known as regular; not more than two persons so appointed shall be from the school of medicine known as homeopathic; not more than two of the persons so appointed shall be ■ from the school of medicine known as eclectic; and not more than one of the per- sons so appointed shall be from the school of medicine known as physio-medical, and the governor may select such appointees from the latest lists filed in the office of the secretary of state at Lansing by each of the four legally incorporated State medical societies of the schools of medicine as herein mentioned afore- said, such lists to be certified to under oath of the president and secretary of each society respectively, and such lists to contain at least treble the number of names as each society has representatives on the board. But in the event that one or more of the societies above named, through their presidents or secretaries, shall from any cause neglect, omit or refuse to file as aforesaid, such lists or list, then and in that case the governor shall appoint or fill the vacancies in said board without reference to such list or lists which the aforesaid society or societies have for any cause neglected, omitted or refused to file with the secretary of state, as herein mentioned aforesaid; but the number of representatives from each of the schools of 4 medicine shall be the same as provided for in this act. Al) persons so appointed shall be legally registered physicians of this State, shall be graduates in good standing of reputable colleges, and shall have been actively engaged in the practice of medicine in this State for at least six years immediately preceding the time of such appointment. The ten persons so appointed shall be appointed in two classes, each class to consist of five persons. The first class shall consist of those physicians appointed by the governor under act number two hundred and thirty-seven, laws of eighteen hundred nine- ty-nine, October first, A. D. nineteen hundred one, who shall serve during the time for which they were so appointed, namely: To October first, nineteen hundred five; and the second class shall be appointed to hold office for four years beginning with the first day of October of the present year, and both classes shall hold office until their successors are appointed; and thereafter the governor shall appoint, be- fore the first day of October of each biennial period, five persons qualified as aforesaid, in each class, to hold office for foui' years from the first day of October next ensuing. No mem- ber of said board shall belong to the faculty of any medical college or university. The gover- nor shall also fill vacancies occasioned by death or otherwise, and may remove any member for the continued neglect of duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the establishment of the original board, and a person appointed to fill a vacancy shall hold office during the unexpired term of the member whose place he fills. The business of said board shall be transacted by and receive the con- current vote of from at least seven members. Sec. 2. The members of said board shall meet on the second Tuesday of October, eighteen hundred ninety-nine, at the State Capi- tol at Lansing, and shall then elect a president from their own number, and a secretary who need not be of their number, but each of whom shall hold their respective offices for two years, 5 and shall have the power to administer oaths. Not less than seven members shall constitute a quorum of said board for transaction of business. The secretary shall give to the treas- urer of the State a bond in the penal sum of five thousand dollars, with sufficient sureties, to be approved by the Governor, for the faith- ful discharge of his duties. The said board shall hold two regular meetings in each year, beginning with the year eighteen hundred ninety-nine; one on the second Tuesday of October, eighteen hundred ninety-nine, and one on the second Tuesday of June, nineteen hun- dred, and so on, and such additional meetings at such times and places as it may determine. Sec. 3. On and after the date of the taking effect of this act, all men and women who are not already legally registered under act num- ber two hundred thirty-seven of the Public Acts of eighteen hundred ninety-nine, and acts amendatory thereto, and who wish to begin the practice of medicine, surgery and midwifery in any of its branches in this state, shall make application to the board of registration in medi- cine, to be registered and for a certificate of registration. This registration and certificate shall be granted to such applicants as shall furnish satisfactory proofs of being at least twenty-one years of age, and of good moral and professional character, but only upon compli- ance with the following conditions contained in one or either of subdivisions one and two of this section: First. The applicant shall be registered and given a certificate of registration if he or she shall satisfactorily pass an examination under the immediate authority and direction of the board upon the following subjects: Anatomy, histology and embryology, physiology, chemis- try and toxicology, bacteriology, pathology, diagnosis, hygiene and public health, medical jurisprudence, diseases of the eye, ear, nose and throat, obstetrics, gynecology and surgery, and such additional subjects made necessary by advances in medical education as the board 6 may designate, said examination to be con- ducted as follows: (a) The examination may be taken as a whole in all of the subjects as aforesaid, and shall be designated as the primary-final exam- ination or said examination may be divided into a primary examination upon the subjects of anatomy, histology and embryology, physiology, chemistry and toxicology, and bacteriology, and a final examination upon the remaining sub- jects as aforesaid, not included in the primary examination. (b) The applicant shall file with the secre- tary of the board, at least one week prior to an examination, an approved application, through a blank furnished by the board, cover- ing the detail of his or her personal history, and preliminary and medical education, and such other evidence of qualification as the board may require; (c) The board may make such rules and regulations governing the conduct of the exam- inations as it shall deem necessary, and wilful violation of such rules and regulations shall subject the applicant to the loss of the exam- ination and fee; (d) The examination shall be made as prac- tical as possible in order to test the applicant's qualifications as a practitioner of medicine, the method of which shall be in accordance with the board's best judgment, and may be a writ- ten, clinical, laboratory or oral examination, or a combination of one or more of the above methods: (e) An average percentage of at least sev- enty-five per cent of correct answers on all the subjects listed under this section, and of not less than fifty per cent on each subject, shall be required of every applicant: Provided, That in the case of a qualified applicant who has been in reputable and legal practice at least five years, at the discretion of the board, this requirement of minimum percentage may be modified by the board to meet the necessities of the individual case. An accepted applicant 7 £or the primary-final examination, or for the final examination, as noted in subdivision one (a) of this section, shall have a diploma from a legally incorporated, regularly established and recognized college of medicine within the states, territories. districts and provinces of the United States, or within any foreign country, having as a minimum requirement a four years' course of eight months in each calendar year: Provided, That such applicant shall have, prior to the beginning of his or her course in medicine, or registration or matricu- lation in a recognized medical college, as a minimum requirement, a diploma from a recog- nized and reputably high school, academy, col- lege or university, having a classical course, or an equivalent credential, or shall pass an examination equivalent at least to the mini- mum standard of preliminary education adop- ted and published by the board before a board of preliminary examiners appointed by and in accordance with the regulations of aforesaid board, and at such time and place as the board may designate. The applicant shall pay to such board of preliminary examiners a fee of five dollars prior to the examination: Provided, A student entering a college in Michigan, hav- ing a preliminary examination of a standard approved by the board of registration in medi- cine, shajl not be required to take this exam- ination: Provided, That this requirement of preliminary education shall not apply to those students who on the fourteenth day of October, nineteen hundred three, were regularly regis- tered as students of legally organized and 'recognized medical colleges, but that the stand- ard of preliminary education shall equal at least the minimum standard in force in this state at the date of aforesaid registration of students: And provided also. That a higher requirement of medical education shall not apply to those graduates of legally organized and recognized medical colleges who had gradu- ated from such colleges prior to the date of the passage of act number one hundred ninety-one of the Public Acts of nineteen hundred three, but that the standard of medical education 8 shall equal at least the minimum standard in force in this state at the date of graduation. Students of medicine in regular attendance at a recognized medical college and endorsed by said board as having fulfilled the legal require- ments of the state for entrance to, or matricu- lation in, recognized medical colleges, and who have completed, in accordance with the board's adopted minimum standard of medical educa- tion, in such recognized medical college, through attendance and examination, and not prior to the termination of the second year in such institution, among others the subjects of anatomy, histology, and embryology, physi- ology, chemistry and toxicology, and bacteri- ology, shall have the right to a primary exam- ination, as recorded under subdivision, one (a) of this section, upon prescribed subjects, said examination to be held at such times and places as may be determined by the board, and to receive from the board a certificate showing the credits received in the several subjects upo» which an examination shall have been had as aforesaid, and such credits obtained shall, at the election of the student, be included in and form a part of the examination hereto- fore called the final examination under sub- division one (a) of this section: Provided, That subsequent to graduation from a recognized medical college, in said final examination for a certificate of registration the applicant shall, if presenting said credits to the board at the time of his or her application for examination, be examined only in those remaining subjects pre- scribed under subdivision first of this section and which have not been listed as subjects of aforesaid primary examination. The applicant shall pay to the board a fee of twenty-five dol- lars prior to the examination, divided as fol- lows: Ten dollars for the primary examination, and fifteen dollars for the final examination. If such examinations are taken together, or as a whole, the fee shall be twenty-five dollars for such primary-final examination. No ad- ditional fee for registration shall be charged to those who successfully pass the examinations. The board shall, in the recognition of medical 9 colleges, in its discretion, list such colleges in three or more classes or groups: Group one in- cluding those colleges which fulfill the ad- vanced requirements of this act and which maintain the board's standards of preliminary and medical education; group two including those colleges which have fulfilled the standard of medical education demanded by this state at the date of the diploma; and group three including those colleges whose courses are recognized only for advanced standing in recognized colleges listed under group one: Provided, That a diploma issued by a medical college listed by the board in one or more of the groups or classes as aforesaid, shall be recognized as a qualification under this act, in the event only of its representing the actual standards of preliminary and medical education within the provisions of this act. The board of registration in medicine shall, from time to time adopt minimum standards of preliminary and medical education, and no high school, academy, college, university or medical college, or other institution or board, shall be approved and designated or its diploma or certificate be recognized by said board under subdivision one of section three of this act, unless in the judg- ment of the board, it conforms with such stand- ard : Second. The applicant may, at the discretion of the board, be registered and given a certifi- cate of registration if he or she shall present satisfactory proof of the possession of a cer- tificate of registration or license which has been issued to said applicant within the states, territories, districts or provinces of the United States, or within any foreign country, where the requirements for the registration of said applicant at the date or his or her license shall be deemed by said board of registration in medicine to be equivalent to those of this act. The fee for registration from applicants of this class shall be fifty dollars, and for the endorse- ment of a certificate to another state five dol- lars. 10 Third. The board is authorized to issue a license or certificate of registration to any per- son who desires to practice a system of treat- ment of human ailments or diseases, and who does not in such treatment use drugs or medi- cines, internally or externally, or who does not practice surgery or midwifery, under the pro- visions of this act: Provided, That the appli- cant for- such license or certificate of registra- tion shall have an accredited diploma from a high school, academy, college or university, or an equivalent credential, or shall pass an exam- ination before the board of preliminary exam- iners, such examination to be equivalent to a recognized high school diploma, as provided in subdivision one of this section, and shall pass an examination before the board upon the fol- lowing subjects: Anatomy, histology, and em- bryology, physiology, chemistry, bacteriology, pathology, diagnosis, hygiene and public health. This examination shall be concurrent with and equivalent to the examination provided for practitioners of medicine under section three, subdivision one, of this act, and shall be in harmony with the provisions of this section and subdivision covering such examination in the subjects as above specified: Provided, however, That such examination shall be a continuous one and not subject to a division into a pri- mary and a final examination. The fee for such examination shall be fifteen dollars. A practitioner under this subdivision shall not be permitted to use in any form the title of "doc- tor" or "professor" or any of their abbrevia- tions, or any other sign or appellation to his or her name which would in any way designate him or her as a physician or surgeon qualified under the provisions of section three, subdi- visions one and two of this act, or in violation of the provisions of this act. All persons granted a certificate of registration or license under the provisions of this subdivision three, shall also conform to the provisions of act number two hundred thirty-seven of the Public Acts of eighteen hundred ninety-nine, and acts amendatory thereto, except as provided in this subdivision: Provided, That all practitioners 11 described fn section three, part three, who have been granted a diploma by a college incorpor- ated for the purpose of teaching their method of treatment and who file with the state board of registration in medicine, prior to October one, nineteen hundred thirteen, an affidavit stating that they have practiced in the state of Michigan for a period of two years prior to September one, nineteen hundred thirteen, shall be registered and authorized to practice with- out examination under the provisions of section three, part three, of this act. A fee of five dollars must accompany each application for registration under this provision; Fourth. If any person shall unlawfully ob- tain and procure himself or herself to be reg- istered under this section, whether by false and untrue statements contained in his appli- cation to the board of registration of medicine, or by presenting to said board a false or un- true diploma, certificate or license, or one fraudulently obtained, he shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than three hundred dollars nor more than five hundred dollars, or by imprisonment at hard labor for not less than one year nor more than throe years, or both, at the discretion of the court, and shall forfeit all rights and privileges ob- tained or conferred upon him by virtue of such registration; Fifth. Any person who shall swear falsely in any affidavit or oral testimony made or given by virtue of the provisions of this act, or the regulations of the board of registration of medi- cine, shall be deemed guilty of perjury, and, upon conviction thereof, shall be subject to all the pains and penalties of perjury; Sixth. The board of registration of medicine may refuse to issue or continue a certificate of registration or license provided for in this sec- tion, to any person guilty of grossly unprofes- sional and dishonest conduct. The words "un- professional and dishonest conduct,'' as used in this act, are hereby declared to mean: 12 (a) The procuring-, aiding or abetting in pro- curing a criminal abortion; (b) The obtaining of any fee on the assur- ance that an incurable disease can be perma- nently cured; (c) The wilfully betraying of a professional secret; (d) All advertising of medical business in which grossly improbable statements are made, or where specific mention is made in such advertisements of venereal diseases or diseases of the genito-urinary organs; (e) Having professional connection with, or lending one's name to an illegal practitioner of medicine; or having professional connection with any person or any firm or corporation who advertises contrary to the provisions of this section, or with any person who has been con- victed in a court of competent Jurisdiction under the provisions of this section; (f) All advertising, of any nature or kind, of any medicine, or of any means for the regula- tion or re-establishment of the menses. (g) All advertising of any matter of an obscene or offensive nature derogatory to good morals or contrary to act number sixty-two of the Public Acts of nineteen hundred eleven; (h) Employing or being employed by any capper, solicitor or drummer for the purpose of securing patients; or subsidizing any hotel or boarding-house with a like purpose, or pay- ing, or offering to any person, money or any other thing of value with a like purpose, or advertising to do so in any form whatsoever; or the division of fees in a consultation or a reference of a patient to a specialist, when no actual professional service is rendered by the physician referring the case, without the knowl- edge of the patient or the person concerned in the payment thereof; (i) Being guilty of offenses involving moral turpitude, habitual intemperance, or being habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect; or of prescribing or giving away any 13 substance or compound containing alcohol or drug for other than legal and legitimate thera- peutic purposes; Seventh. It shall be a misdemeanor for any person to be guilty of "unprofessional and dis- honest conduct" as defined in this act. Any person who has been issued a certificate of reg- istration or license under this act, and who shall be charged with the commission of such misdemeanor, shall be tried in a court of com- petent criminal jurisdiction, and upon convic- tion thereof shall be fined for each offense not to exceed two hundred and fifty dollars, or shall be imprisined in the county jail not to exceed three months, or may be both fined and impris- oned, in the discretion of the court. The cre- ation of such misdemeanor by this act shall not be construed to supersede any existing remedy or punishment, whether civil or crim- inal, for any act embraced within the provisions of this act, but shall be construed to be in addition thereto. The board of registration in medicine may, upon the filing with it of a duly certified copy of a final conviction obtained in accordance with the provisions of this act, revoke or sus- pend for a limited period, not less than six months, the certificate or license of the person so convicted. The said board of registration in medicine may also revoke any certificate of registration or license of any person guilty of a criminal offense created by or embraced with- in the provisions of this act or within the pro- visions of any state, provincial, territorial or federal act in the United States or in foreign countries, when such criminal offense or such fraud or perjury shall have been legally estab- lished in a court of competent jurisdiction. Said board may also revoke any certificate of registration or license heretofore or hereafter granted upon mistake of material fact or by reason of fraudulent misrepresentation of fact by such applicant. Any person charged with a violation of the provisions of this subdivision seven of section three shall have a fair hearing 14 before the board, upon sufficient notice of such hearing: Provided, That this section shall not apply to such forms of contract practice as are from time to time endorsed by this board. Sec. 5. All moneys received by said board shall be paid to the State Treasurer monthly, and shall be credited to the general fund of the State, and a receipt for the same shall be filed by the secretary of the said board in the office of the Auditor General. The incidential and traveling expenses of said board, and such sal- ary to the secretary as said board • may fix, shall be paid from such fund only. The mem- bers of said board, except the secretary, shall receive no compensation for their services, ex- cept necessary traveling and hotel expenses in attending meetings of said board; and in no case shall any more be paid than was actually expended. Such incidential and traveling ex- penses shall be approved by said board and sent to the Auditor General of the State, who shall draw his warrant upon the State Treas- urer for the amounts due, as in case of other bills and accounts under the provisions of law; Provided, That the amount so paid shall not exceed the amount received by the treasurer of the State from said Board in fees, as herein specified, and as much of said receipts as may be necessary is hereby appropriated for the compensation and expenses of said board as aforesaid. Sec. 6. Said board shall collect from the various county clerks of the state, each month, a report of all registrations made. Said board shall also keep a record of all moneys re- ceived and disbursed by it each month, and said record shall always be open to inspection at the office of the Secretary of State. Said board shall annually report to the Governor, on or before the first day of January of each year, the condition of medicine and surgery in this State, which report shall contain a full and complete record of all its official acts during the year, and shall also contain a statement of its re- ceipts and disbursements. Sec. 4. The person receiving a certificate of registration shall file the same, or a certified copy thereof, with the county clerk in the county where he resides, and said clerk shall file said certificate or the certified copy thereof and enter a proper memorandum thereof in a book to be provided and kept for that purpose, and may collect therefor a fee of fifty cents for each certificate or copy thus filed. And said county clerk shall, on the first day of each month, furnish to the secretary of said board a list of all certificates filed in his office during the preceding month on a blank provided for that purpose, and upon notice to him of the change of location or death of a person granted a certificate, or upon the revocation of the certificate granted such person, said county clerk shall enter at the ap- propriate places in the record so kept by him a memorandum of said facts; so that the record so kept by said county clerk shall correspond w'th the records of said board, so kept by the secretary thereof. In case a person having thus filed a certificate shall move into another county of the State, he shall procure from said county clerk a certified copy of said certificate, and file the same with the said county clerk of the county to which he shall so remove. Said county clerk shall file and enter the same with like effect, as if the same was the original certificate. 15 Sec. 7. Any person who shall practice medi- cine or surgery in this State, or who shall ad- vertise in any form or hold himself or herself out to the public as being able to treat, -cure or alleviate human ailments or diseases, and who is not the lawful possessor of a certificate of registration or license issued under and pur- suant to act number two hundred thirty-seven of the Public Acts of eighteen hundred ninety- nine, or acts amendatory thereto, or without first complying with the provisions of this act, except as heretofore provided in section three of this act, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not more than two hun- dred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, in the discretion of the court, for each offense. It shall be the duty of the prosecuting attorneys of the counties of this state to prosecute viola- tions of the provisions of this act. Sec. 8. This act shall not apply to the com- missioned surgeons of the United States army, navy or marine hospital service, in actual per- formance of their official duties, nor to regu- larly licensed physicians and surgeons from out of this state, in actual consultation with physicians and surgeons of this state, nor to dentists in the legitimate practice of their pro- fession. nor to temporary assistance in cases of emergency, nor to the domestic administra- tion of family remedies, nor to osteopaths prac- ticing under the provisions of act number one hundred sixty-two of the Public Acts of nine- teen hundred three, nor to optometrists regis- tered under act number seventy-one of the Pub- lic Acts of nineteen hundred nine, nor to chiropodists who confine their practice to chiropody and who do not use title of "doctor" or "professor" or any of their abbreviations, or any other prefix or affix in a medical sense to their names, nor to persons who confine their ministrations to the sick or afflicted to prayer and without the use of material remedies. 16 Sec. 9. Any person who shall append the letters "M. D." or "M. B." or other letters in a medical sense, or shall prefix the title "doctor" or its abbreviation, or any sign or appellation in a medical sense, to his or her name, it shall be prima facie evidence of prac- ticing medicine within the meaning of this act. In this act, unless otherwise provided, the term "practice of medicine'' shall mean the actual diagnosing, curing or relieving in any degree, or professing or attempting to diagnose, treat, cure or relieve any human disease, ailment, defect or complaint, whether of physical or mental origin, by attendance or by advice, or by prescribing or furnishing any drug, medi- cine, appliance, manipulation or method, or by any therapeutic agent whatsoever. Sec. 10. It shall be the duty of the assessing officer at the time of making the annual assess- ment to make out a list of physicians residing within his township, village, district, ward or city, with the name, age and sex of each, and the length of time each has been engaged in practice. Such list shall be returned by the assessing officer to the county clerk, and by the county clerk recorded in a book in which are kept the records of the board, and annually on or before the first day of January such clerks shall furnish certified lists of the same to the Secretary of this Board. Sec. 11. An act entitled "An act to promote public health," approved June six, eighteen hundred eighty-three, and the act amendatory thereto, approved June twenty-seven, eighteen hundred eighty-seven, except as to all penalties which shall have accrued thereunder, are hereby repealed. Approved May 4th, 1913