r <\ I { BY-LAWS y OF THE MEDICAL SOCIETY OF THE COUNTY OF ERIE TOGETHER WITH THE L.AWS OF THE STATE OF NEW-YORK, RELATIVE TO THE MEDICAL PROFESSION, AND A SYSTEM OF MEDICAL ETHICS. PUBLISHED FOR THE SOCIETY. BUFFALO: CHARLES FAXON, PRINTER. MDCCC XXXIV. r ^t ^m BY-LAWS OF THE MEDICAL SOCIETY OF THE COUNTY OF ERIE. The Medical Society of the County of Erie, by virtue of thePre,mMe- statute in such cases made and provided, do hereby make, ordain, and declare the following By-Laws, Rules and Regulations, for the better government of the members of the said Society, and for the purpose of carrying into execution the several purposes and tbjects of their incorporation ;- that is to say : ARTICLE I. Persons who mat be Members. This Society shall be known by the name of the Medical SocietyN»meof So- of the County of Erie. It shall consist of all legally authorized or whom u practicing Physicians and Surgeons who do now reside, or who may hereafter come to reside in the county of Erie, and who have been admitted, or who shall be hereafter admitted, members of said society, pursuant to the subsequent provisions of these by-laws, ex- cepting such as shall be at any time expelled the said society, pur- suant to said by-laws, and the statutes of this state. ARTICLE II. Officers. The Officers of the said society shall be a President, Vice Presi-office**. J How cH dent, Secretary, Treasurer, Librarian and five Censors. The said Officers shall be chosen by ballot at the anniversary meeting, and shall hold their offices one year, and until others shall be chosen. And the said society shall, once in four years, and as often as a va-Deieg»u to cancy shall occur, electa delegate to the State Medical Society. society. ARTICLE III. Meetings. § 1. The Medical Society of the County of Erie shall hold two regular meetings in each year, in the City of Buffalo: The annualMeetins*' 4 when held, meeting on the second Tuesday of January, and the semi-annual Extra Meet-meeting on the second Tuesday of June. Extra meetings may be inS!' appointed by a resolution of the society, or called by the President, or in case of a vacancy in his office, by the Vice President, on ap- plication of five members. cVrges for § 2. In case charges should be preferred against any member for misconduct. J ° . 1 j j u u't misconduct in his profession, or of immoral conduct and habits, pursuant to the statute upon that subject, (Revised Statutes, part I. chap. 14. Title 7.) or for a violation of any of the lajvs regulating the practice of physic and surgery, the President, on such charges Proceedings being presented to him, may call a special meeting without the ap- tliereon. & ' ... . • .• plication of five members, giving at least ten days previous notice in one or more ofthe newspapers printed in the county. Quorum. ^ 3 pjot iesg than five members shall constitute a quorum. ARTICLE IV. Order of Bisi.ness. When organ- § 1 # \s soon as the presiding officer shall have declared the mee- ting organized, the order of business shall be as follows : Minutes of ]. Reading the minutes of the last meeting and correcting the previous mee- tins- same, if necessary, by a vote of the society. 2. Reception of members. 3. Communications from abroad. 4. Reports of officers and committees of this society. 5. Appointment of committees. Order of bu- rr »iness. 6. The Oration. 7. Miscellaneous business. S. Appointment of succeeding orator. 9. Election of Officers. 10. Valedictory address, by the President. 11. Adjournment. •peciai mee' § 2. At all special meetings, the business for which the society Rule* of or.inaybe convened, shall be first considered. Membcnto § 3. Every member, previously to his speaking, shall rise from his scat, and address himself to the President § 4. When two or more members ri*c at once, the President shall name the one who is to speak. 5 § 5. No question on a motion shall be debated or put until the Mot.io'ls ,c' same be seconded. When amotion is seconded, it shall be stated by the President before debate, and every such motion shall be re- duced to writing if any member desire it. § 6. If a motion is stated by the President, it shall be deemed to*1.0'1.0" whcn J J withdrawn. be in the possession of the society, but ifymay be withdrawn at any time before amendment or decision. § 7. No member shall interrupt another while speaking, unless No iat"ruP- it be to call another to order, or to correct a mistake. 6 8. When a question is under debate, no motion shall be re-Mot!oni"r1'" J * received in ceived unless debate. 1. To amend it. 2. To commit it. 3. To lay it on the table. 4. To postpone it. 5. To adjourn. §9. A motion to lay on the table shall be decided without de-£°'*> on,n" bate. & 10. A second amendment shall not be received until the previ-Second a- J r mendment. ous one is disposed of, except with the consent of the mover of the first amendment. § 11. It" the question in debate contains several points, any mem-^endWided ber may have the same divided in voting concerning the same. § 12. Every member shall vote upon a question put, unless ex-?v'?y ■"""■ cused by the society. § 13. When a motion has been once put and decided, it shall be in order for any member who voted in the majority to move for a re-considcration thereof, but no motion for re-consideration shallReconsider*. tion. be received more than once, except by unanimous consent. § 14. A member culled to order shall immediately sit down, un- less permitted to explain, and the society if appealed to from thedecided. decision of the President shall decide on the call, hjit without de- bate. If there be no appeal, the decision of the President shall be submitted to. §15. All motions shall be put in the order they are moved, ex- 3 v j i Motions put cept in filling blanks, when the longest time and largest sum shall in order. be first put. G Names enter- § 16. Upon a division, the names of those who vote for or against a question or motion, shall be entered on the minutes. Reports. § 17. Whenever a report is received from any officer or officers of the society, or from r.iiy standing or select committees, if the re- port be accompanied with resolutions requiring the consideration of the society, the question, on/accepting the report, shall be consider- ed distinct from that on the resolutions. Committees, § i. Tho Censors, or a majority of thei.i, shall carefully and im- partially examine all students who shall present themselves; for that purpose, and who are entitled to such examination, pursuant to the Appeal. Securities, when to be retained. Moneys to whom paid 11 provisions of the statute of this state upon that subject, and who shall moreover exhibit satisfactory evidence that they are of good moral character : For which examination the Censors shall receive no other compensation from each student than the payment of their expenses. The questions and answers shall be written in a book appropria- Mode of en- ted to such use ; and the time of such examination shall be only atmma l0M* the annual or semi-annual meetings of the society. The result of each examination, if approved by the Censors, shall Report. be immediately reported to the President of the society, under a penalty of one dollar for each omission. Three Censors shall con- stitute a quorum. For non-attendance at an examination after suitable notice has been given by the candidate, each delinquent shall pay to the eoait7- Treasurer of the society a sum not less than three nor more than five dollars, unless he can render a reasonable excuse, which shall be accepted by a vote of two thirds of the members present at a regular meeting. Any officer of this society neglecting or refusing to perform theoffiter»p« duties of his office, and any committee neglecting to perform the ty- duty assigned them, shall forfeit and pay to the treasurer of this so- ciety a sum not less than two nor more than ten dollars. ARTICLE VII. § 1. Every practicing physician or surgeon residing, or who may hereafter reside in the County of Erie, shall at the annual one dollar. meeting in January in each year, or within thirty days thereafter, pay to the Treasurer of this society the sum of one dollar for the purpose of procuring a medical library, apparatus, &c. § 2. Any member of this society, under the age of sixty years, and who resides within ten miles of the place of meeting, who shall , 1 ° Penalty for neglect to attend each stated meeting of the society, shall forfeit "on-attend- ° ... ance- and pay to the Treasurer one dollar ; and each member residing at a greater distance, who shall fail to attend one regular meeting in the year shall be liable to a like penalty, and which sum shall be paid within thirty days thereafter. § 3. No member of this society shall conceal his art of curing diseases, or pretend to any nostrum, or superior knowledge or skill 12 in the treatment of diseases generally ; nor shall any member pro- Quackery. fessionally consult, attend patients or associate with any known quack, or any person professing the healing art who is not regular- ly authorized by the laws of the state to practice physic or surge- ry, or both; or with any physician who does not attach himself to the medical society, after residing in the county one year. Duties of § 4. The members of this society shall attend punctually, and members. ^q advice unreservedly in consultations, and shall vindicate the professional character and practice of each other as far as oppor- tunity, propriety and justice may require. § 5. Every member who shall neglect or refuse to comply with Penalty for the by-laws and regulations of this society, or the by-laws and re- refusing to J b J J comply with gulations of the medical society of the state of New-lork, or the the require- mentsofthe medical law of said state, shall be expelled from said society, upon •ociety. . a vote of a majority of the memoers present. § 6. The manner of trial of a member, with a view to expulsion under this article, and the notice to be given to him, shall be deter- mined on whenever an accusation shall be preferred. § 7. Said trial shall be fair and impartial, and the verdict of the members shall be given by ballot on the day of trial. •§ 8. The Code of Medical Ethics, revised, adopted and repub- lished by the state medical society in the year 1832, shall be, and hereby is adopted by this society, and shall be scrupulously adhe- red to by each and every member thereof; and any departure from the true spirit and meaning of said code of ethics shall sub- ject every, such member to the discipline of this societv. § 9. Any member, feeling himself aggrieved by the official or personal acts of another, may appeal for redress to the societv, whose decision shall be final. § 10. It shall be the duty of every member to advise and ac- quaint the President, with the names of all such persons as are practicing physic or surgery in the county contrary to law. § 11. No physician who has been expelled from this or any oth- er medical society, shall be again admitted into this society unless four fifths of the members present at an annual meeting concur by ballot in his admission. Manner of trial. Verdict- how given. Medical Ethics. Appeal. Member* ex pelled- 13 ARTICLE VIII. Charges of Gross Ignorance or Misconduct, and of Immoral Conduct and Habits. 5 1. Charges of the character above specified, may be presented charges—to . . » , ,r. -i-> -j wbompresen- to the President, or in case of a vacancy to the Vice President,ted. when the society is not in session, or to the society at any of its meetings. Such charges shall be in writing, and shall contain spe-j^^tlng.6 cifications setting forth, with certainty and precision, the offence charged. And it shall be the duty of the President or Vice Presi- p^ent Ld dent, when the charges are presented to them, and of the society, utio/there." when said charges are presented -at a meeting thereof, before ta- °" king any steps to call a special meeting, to satisfy themselves, by taking legal advice or otherwise, that the said charges and specifi- cations are conformable to the statute, and that they set forth facts sufficient to enable the judges of tne county courts to proceed there- on, in case they should be found well founded by the society. § 2. The President or Vice President, or the society, to which- The person ever the said charges shall be presented, after becoming satisfied charges are of the matters mentioned in the first Section, Article 8th, shall call a special cause such special meeting to be called, and such notice to be gi- ven, -.s is required by the statute on that subject; and when the so- ciety shall be convened at such special meeting, the said charges shall be distinctly read, and the sense of the meeting taken thereon by ballot; and if two thirds of the members present shall be of opinion that said charges are well founded, the President shall make out and deliver such certified copy, and such notice as are required by the statute in such case made and provided. ARTICLE IX. Licentiates. § 1. Every licentiate shall subscribe to the following declaration, Licentiates. which shall be kept on file by the Recording Secretary: Declaration. ub- " I, A. B., do solemnly declare that I will honestly, virtuously^" and chastely conduct myself in the practice of physic and surgery,scribed- with the privilege of exercising which profession I am now to be invested ; and that I will, with fidelity and honor, do every thing in my power for the benefit of the sick committed to my charge." 14 § 2. Every person admitted to the practice of physic and sur- gery by this society, shall receive the following licence to practice, viz : " To all to whom these presents shall come, or may in anywise concern : The President and member.? of the Medical Society of the Coun- ty of Erie, State of .New-York, send greeting:— Whereas (name and place of candidate,) hath exhibited unto us satisfactory testimony that he hath studied physic and surgery for the term and in the manner directed by law ; and hath, also, upon examination by our Censors, given sufficient proof of his proficien- cy in the healing art, and of his moral character—Wherefore, by virtue of the power vested in us by law, we do grant unto the said the privilege of practicing physic and surgery in this state, together with all the rights and immunities which usually appertain to physicians and surgeons. In witness whereof we have granted this diploma, sealed with our seal, and testified by our President and Secretary, at this day of 18 President. Secretary."' ARTICLE X. & 1. Any proposed amendment to these by-laws shall be made Amendments^ writ|ng at a regular meeting of the society, and may be adopted at the next regular meeting by a vote of two thirds of the members present. LAWS OF THE STATE OF NEW YORK, RELATIVE TO THE MEDICAL PROFESSION. GENERAL REGULATIONS CONCERNING THE PRACTICE OF PHYSIC AND SURGERY IN THIS STATE--PASSED IN 1827. [From the Revised Statutes, Vol. 1. Part 1. Chap. 14. Title 7.J Bee. 1. Medical Societies to require physicians and surgeons to apply for admissio*. 2 If persons notified do not apply, license to be forfeited. 3. Charges may be preferred to society against members for misconduct, Stc. 4,'. When charges to be delivered to the district attorney. 6. District attorney to serve copy on accused, and give notice of hearing. 6. He shall conduct prosecution and issue subpoenas for both parties. 7. County Judges to hear and determine charges ; their judgement 8 & 9. Qualifications for admission to an examination ; term of study, &c. 10. Certificates of commencing of studies, to be filed with president of society. 11. Order of president specifying period of study, to be annexed to certificate- 12. When regents to grant degrees of Doctor of Medicine. 13. In what county students to be examined. 14 Candidates rejected in one county not to be examined in another ; appeal. 15 Persons rejected by state censors not to be examined by county censors. 16 No person to practice without license, &c. from this or some other state. 17. Persons coming from another state, &c. to file copy of diploma with county clerk. 18. Certain diplomas not to confer right of practising in this state. 19. Persons licensed, to deposit copy of license in county clerk s Office. 20. Persons under 21, not entitled to practice. 21. Certain degrees not to be a license ; restrictions as to faculty. 22. Penalty for practising without authority. § 1. The president of every county medical society shall give Notice to be notice in writing, to every physician and surgeon not already ad-f™phy,i"' mitted into such society, within the county in which the society of J^jJ which he is president is situated, requiring such physician or sur- geon, within 60 days after the service of such notice, to apply for and receive, a certificate of admission, as a member of such so- ciety. § 2. The service of every such notice shall be made personally,How ,erT. on the physician or surgeon, to whom it shall be directed; and if^ed"°0n* such physician or surgeon shall not, within the time specified in thef?^1^ notice, or within such further time as may be allowed by the presi-«£j^ ** dent under the regulations of the society, apply for a certicate of membership in such society, his license shall be deemed forfeited, and he shall be subject thereafter to all the provisions and penal- ties of the laws of this state, in relation to unlicensed physicians, until upon a special application, he shall be admitted a momber of the medicrl society, in the county in which he shall reside. 16 mtZ/r ^ -3' e 8haH be r)referred t0 any county medical society, »pe< ific charo.-s against any member thereof, of gross ignorance or misconduct in his profession, or of immoral conduct or habits, a special met ting of the society to con,ider the charges shall be call* i-d, of which at least ten days previous notice shall be given, in one or more of the newspapers printed in the county, rr,~»4ii.p § 4. I f two thirds of the members present at such meeting shall be ol opinion, thit the charges preferred are well founded, the pre- sident of the society shall, without delay, deliver a certified copy ofthe charges and of the vote of the society thereon, to the dis- trict attorney of the county, and shall give notice of such delivery to the member accused, who from that time shall be suspended from the practice of physic and surgery, until the determination of such charges in the manner hereinafter provided. Char^. to § 5. The district attorney to whom the charges shall be deliver- wid notice of ed, .«hall serve a copy thereof without delay, on the member ac- vu^' cu-^etl, and at the same time shall give him notice, of the time and place at which the judges of the court of common pleas of the county will meet for the purpose of hearing and determining the same; such notice shall be served at least fourteen (lavs, before the time of hearing appointed. Ditrittat- § 6. The district attorney shall conduct the prosecution of the pr^uu. charges, and t-hall issue process to compel the attendance of such witnesses, as the president of the society and the member accused shall severally require. § 7. The Judges of the county court, at the time and place of hearin" appointed, or at such other time and place as they shall fix, shall proceed to hear and determine the charges and shall examine, on outh, the witnesses produced: if they, or a majority of them, shall bo sati.-l'u-d, from the t udemv, that the charges are true, they shall mult*- an order, which shall be valid in law, expelling the m< i.iber uccum d f. in the society, and declaring him for ever there- alter incapable of practising physic and surge: \, \\ ithin this state : .., MMprndintihira from *»«-h practice, for a limited period: if they hhull be of opinion, that the charges are not established, the sus- petmou of the member ucniM-d shall cease, and he shall be re- Htorod to ull his rights and privileges, ub a practicing physician and nirgcon. j . ic'» t Or •<■!»■ 17 § 8. No student shall be admitted to an examination by any me-^^™' dical society, until he shall have completed, with some physician and surgeon, duly authorized by law to practice his profession, the term of medical study, prescribed in the following sections- of this Title. §9. The regular term of the study of medical science shall be ^™of four years, but a deduction from such term, in no case to exceed one year, shall be made in either of the following cases : 1. If the student, after the age of sixteen, 3hall have pursued any of the studies usual in the colleges of this state, the period, during which he shall have pursued such studies, shall be deducted. 2. If the student, after the age of sixteen, shall have attended a complete course of all the lectures delivered in an incorporated me- dical college in this state, or elsewhere, one year shall be deducted. § 10. The physician and surgeon with whom a student shall Certificate* commence his studies, shall file a certificate with the president of the county medical society to which he belongs, certifying that such person has so commenced his studies ; and the term of study shall be considered as commencing from the day on which such certifi- cate is filed. § 11. If the term of study shall be intended to be for less than Order for four years, upon either of the grounds mentioned in the ninth section of this Title, the president with whom the certificate shall be filed, upon satisfactory proof that a deduction ought to be allowed, shall annex to such certificate, an order specifying the period, not exceed- ing one year, which, according to the proof exhibited to him, ought to be deducted from the term of four years, and directing that the term of study of the student shall be for the period that shall remain. § 12. No person shall receive from the regents of the university Requi9ilesf0r a diploma, conferring the degree of doctor of medicine, unless he^™^enU shall have pursued the study of medical science for at least three years, after the age of sixteen, with some physician and surgeon, duly authorized by law to practice his profession, and shall also, after the same age, have attended two complete courses of all the lectures delivered in an incorporated medical college, and have at- tended the last of such courses, in the college by which he shall be recommended for his degree. 3 18 fnwhatcoim. a 13, N0 student shall be admitted to an examination by any tip. afiidpnta J ^ -. . ties students to be exam- county medical society, except of the county in which he shall have pursued his medical studies for four months immediately preceding his examination; but if the student, during that period, shall have attended the lectures in either of the incorporated medical colleges of this state, he may be examined and licensed, either by the medi- cal society of the county in which such college is situated, or by that of the county in which he shall have resided, previous to such attendance. Ifrejeeied,to ^ 14# No person, who shall have been examined by the censors of any county medical society, as a candidate for the practice of physic and surgery, or either of them, and shall have been rejected on such examination, shall be admitted to an examination before the censors of any other county medical society; but such person may appeal from the decision of the censors by whom he shall have been examined, to the medical society of the state. Pere°us™Jec- § 15. No person, who, either upon an original examination or society. upon an appeal, shall have been rejected by the censors of the state medical society, shall thereafter be admitted to an examination, before the censors of any county medical society. Whotoprac- § 16. No person shall practice physic or surgery, unless he shall have received a license or diploma, for that purpose, from one of the incorporated medical societies in this state, or the degree of doctor of medicine from the regents of the university ; or shall have been duly authorized to practice by the laws of some other state or country, and have a diploma from some incorporated college of me- dicine, or legally incorporated medical society, in such state or country. Persons from § 17. No person coming from another state or country, shall w country, 'practice physic or surgery in this state, until he shall have filed a copy of his diploma with the clerk of the county where he resides, and until he shall have exhibited to the medical society of that coun- ty, satisfactory evidence that he has regularly studied physic and surgery, according to the requisitions of the ninth section of this Title. Diplomas to § 19. No diploma, granted by any authority out of this state, to certain"'" an individual who shall have pursued his studies in any medical J^1 ••not school within this state, not incorporated and organized under its 19 laws, shall confer on such individual the right of practicing physic or surgery within this state. § 19. Every person licensed to practice physic or surgery, or Licenses in both, shall deposit a copy of such license with the clerk of the county qJ?"' where he resides, who shall file the same in his office; and until such license is so deposited, such person shall be liable to all the penalties provided by law, in the same manner as if he had no license. § 20. No person under the age of twenty-one years shall be£e"<>Munder entitled to practice physic or surgery in this state. § 21. The degree of doctor of medicine conferred by'any college P^"0-^; in this state, shall not be a license to practice physic or surgery; i«ges>&c- nor shall any college have, or institute, a medical faculty, to teach the science of medicine, in any other place than where the charter locates the college. § 22. Every person, not authorized by law, who for any fee orPenaitie»for reward, shall practice physic or surgery within this state, shall be without au- incapable of recovering, by suit, any debt arising from such practice. RELATINCx TO THE PRACTICE OF PHYSIC AND SURGERY. An act concerning the Practice of Physic and Surgery in this Slate, Passed April 7, 1830. Chap. 126, p. 141. [From the Revised Statutes, Vol. III. Appendix, p. 104. § 1. All that part of section twenty-second of Title seventh of Repeai. Chapter fourteenth of the First Part of ihe Revised Statutes, after the words " such practice," at the end of the third line, be and the same is hereby repealed. §2. Every person not authorized by law, who shall practice Penalty for physic or surgery within this state, shall for each offence of which without au- he may be duly convicted, forfeit and pay a sum not exceedingthority" twenty-five dollars, to be recovered, with costs of suit, before any justice of the peace of the county where such penalty shall be in- curred, by any person who will prosecute for the same; and the justice before whom such conviction shall be had, shall pay the same to the overseers of the poor of the town where such convic- tion shall be had, for the use of the poor of such town, or of the county poor, where the distinction between town and county poor shall have been abolished. But the provisions of this section shall 20' Exemption as not De (jeeme(j and taken to extend to or debar any person from to roots,barks and herbs, using or applying, for the benefit of any sick person, any roots, barks, or herbs, the growth or produce of the United States. An act to amend an act entitled '* An act concerning the practice of physic and surgery in this state, passed April 7th, 1830.—Passed April 3, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Amendment § j The ]ast clause of the second section of the act entitled of act. J " An act concerning the practice of physic and surgery in this state," passed April 7th, 1830, in the following words : " But the provi- sions of this section shall not be deemed and taken to extend to, or debar any person from using or applying for the benefit of any such person, any roots, barks or herbs, the growth or produce of the United States," is hereby repealed. § 2. The act hereby amended shall not be so constructed as to apply to any person or persons who shall without fee or reward, use or apply, for the benefit of any sick person, any roots, barks or herbs, the growth or produce of the United States. MEDICAL SOCIETIES. An act to incorporate Medical Societies, for the purpose ofregida- ting the Practice of Physic and Surgery in this State. Passed April 10, 1613. Sess. 36. Chap. 94. [From the Revised Statutes, Vol. III. p. 304. Preamble. Whereas, well regulated medical societies have been found to contribute to the diffusion of true science, and particularly the knowledge of the healing art: Therefore, County medi- § !• ^e *' enacted by the People of the state oj New-York, repre- hoWs°inicorpo-snl/eti in Senatc «"d Assembly, That it shall and maybe lawful for rited- the physicians and surgeons in the several counties of this state, now authorized by law to practice in their several professions, ex- cept in those counties wherein medical societies have been already incorporated, to meet together on the first Tuesday of July next, at 21 the place where the last term of the court of common pleas next previous to such meeting was held in their respective counties; and the several physicians and surgeons so convened as aforesaid, The officer* or any part of them, being not less than five in number, shall pro-°feach*c,e" ceed to the choice of a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places ; and whenever the said societies shall be so organized as aforesaid, they are hereby declared to be bodies corporate and politic, in fact and in name, by the names of the its corporate medical society of the county where such societies shall respective- ly be formed, and by that name shall be in law capable of suing andAndPriTa*- being sued, pleading and being impleaded, answering and being an- swered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever ; and shall and may have a common seal, and may alter and renew the same at their pleasure: Provided always, That if the said physicians and surgeons shall not meet and organize themselves at such time and place as afore- said, it shall be lawful for them to meet at such other time as a majority of them shall think proper; and their proceedings shall be as valid as if such meeting had been at the time before specified. § 2. And be it further enacted, That the medical societies of The present ii- • county socie- counties already incorporated, shall continue to be bodies corporate tie»to contin" ,,■••/• ,. ~, ue incotpora- and politic, in fact and in name, by the name of the medical society ted. t* i i i .. Their privi- of the county where such societies have-respectively been formed, legeiandgen- and by that name shall be in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever, and shall and may have a common seal, and may alter and renew the same at their pleasure, and that the president, vice-president, secretary and treasurer, of such in-An<1 officer*. corporated societies, shall hold their offices for one year, and until others shall be chosen in their places. § 3. And be it further enacted, That the medical society already The medical incorporated, by the style and name of the Medical Society of the^^f°Lth* state of New-York, shall continue to be a body politic and corDo-york.toeon* J r r tinue mcor- rate, in fact and name, and by that name shall be in law capable of p°ra'«d* suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts 22 and places, and in all matters and causes whatsoever; and shall and may have and use a common seal, and may change and alter How consti- tne satne at tm3ir pleasure; and thattthe said society shall be com- tuted and posed of one member from each of the county societies in the state, composed. r . j elected by ballot at their annual meeting,- who shall meet together at the time and place appointed by the said society for that purpose, and being met, not less than fifty in number, may annually elect by its officers, ballot, a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places. Medical soci- § 4. And be it further enacted, That the medical society of the eties' anni- yersary meet-state of New-York, and also the medical societies of the respective counties, shall and may agree upon and determine the times and places of their meeting; and the time so agreed upon shall for ever thereafter be the anniversary day of holding their respective meet- ings ; and it is hereby made the duty of the secretary of each of the county medical societies, to lodge in the office of the clerk of their respective counties, if not already done, a copy of all the proceed- Proeeedings ings had at their first meeting ; and it shall also be the duty of the offiratmeet- ,• , • ft -»t ing—where secretary of the medical society of the state of New-1 ork, in like manner, to lodge in the office of the secretary of this state, a copy of their proceedings had at their first general meeting; and the said clerks and secretary are hereby required to file the same in their respective offices, for which they shall each receive the sum of twelve and an half cents. state society § 5. And be it further enacted, That the members now compo- ciasses.m sing the medical society of the state of New-York from each of the four great districts, shall remain divided into four classes, and one class from each of said districts shall go out of office annually. SvStfJv § 6* ^nd be itfortlm enacted, That it shall be the duty of the "™ies"o^*esecretary of the medical society of the state of New-York, whenever the seats of any of the members shall become vacant, to give infor- mation of the same to the respective county societies, to the end that such county societies may supply such vacancy at their next mooting. cias»c»inthe & 7. And be it further enacted, That in case theio shall bean •tatc society ~. , ** "•/be varied addition to the number of members composing the medical society of the state, that in that case it shall be in the power of the said socic- 23 ly at any of their annual meetings, and as often as they shall judge necessary, to alter and vary the classes in such manner as that one- fourth of the members from each of the great districts, as near as may be, shall annually go out of office. ks. And be it further enacted, That if the seat of any member Vacancies in j J J state society of the medical society of the state of New-York shall be vacated, how fiU«d- either by death, resignation or removal from the county, it shall be the duty of the medical society of such county to fill such vacancy at their next meeting after such vacancy shall happen. § 9. And be it further enacted, That the medical societies estab-^>cai soci- lished as aforesaid, are hereby respectively empowered to examine ine students. all students who shall and may present themselves for that purpose, and to give diplomas, under the hand of the president and seal of To give di- such society before whom such student shall be examined, which shall author- diploma shall be sufficient to empower the person so obtaining the to practice. same, to practice physic or surgery, or both, as shall be set forth in the said diploma, in any part of this state. § 10. And be it further enacted, That if any student who shall stndents if have presented himself for examination before* any of the medical maUby county societies of the several counties of this state shall think himself^^^aJe aggrieved by the decision of such society, it shall be lawful for such9tate society" student to present himself for examination to the medical society of the state of New-York; and if in the opinion of such society theAndstate8°' 1 * eiety may a- student so applying is well qualified for the practice of physic orward diploma surgery, or both, as the case may be, the president of said society peal. shall, under his hand and the seal of such society, give to the said applicant a diploma, agreeable to such decision. & 11. And be it further enacted, That it shall and maybe lawful Censor* to be- ... appointed!)*/ for the several medical societies so established as aforesaid, at theirthe societies. annual meetings, to appoint not less than three, or more than five censors, to continue in office for one year and until others are chosen, whose duty it shall be carefully and impartially to examine all stu- Their duty. dents who shall present themselves for that purpose, and report their opinion in writing to the president of the said society. § 13. And be it further enacted, That it shall and maybe lawful Medical sod-- for the medical societies of the respective counties of this state, and hold real and also the medical society of the state of New-York, to purchase andtate. hold any estate, real and personal, for the use of said respective so- 24 Proviso. cieties: Provided, Such estate, as well real as personal, which the* county societies are hereby respectfully authorized to hold, shall not exceed the sum of one thousand dollars; and that the estate, as well real and personal, which the medical society of the state of New-York is hereby authorized to hold, shall not exceed five thou- sand dollars. Societies— § 14. And be it further enacted, That it shall be lawful fpr the powers to respective societies to make such by-laws and regulations relative y awsto the affairs, concerns and property of said societies, relative to the admission and expulsion of members, relative to such donations or contributions as they or a majority of the members at their annual Proviso. meeting shall think fit and proper: Provided, that such by-laws, rules and regulations made by the society of the state of New-York, be not contrary to, nor inconsistent with, the constitution and laws of this state, or of the United States ; and that the by-laws, rules and regulations of the respective county societies shall not be re- pugnant to the by-laws, rules and regulations of the medical society of the state of New-York, nor contrary to, nor inconsistent with, the constitution and lavas of this state, or of the United States. Treasurer of <§15. And be it further enacted, That the treasurer of each so- each county J 0 »••»»# •oeietyiiabie ciety established as aforesaid, shall receive and be accountable for for moneys. all moneys that shall come into his hands by virtue of any of the by-laws of such societies, and also for all moneys that shall come into the hands of the president thereof for the admission of members, or licensing students ; which moneys the said president is hereby And to ac- required to pay over to the said treasurer, who shall account there- for, for to the society at their annual meetings, and no moneys shall be Moneys how < ••■tin<_'- of any county medical society shall occur •JurJ.. "ii the .sumo day on which the court of common pleas shall meet, **it shall be lawful for such society to alter the time of their anniver- sary meeting to such day as a majority of the said -ociety present may think proper. £±£?£ § 6. And be it further enacted, That each of the colleges of J^££fof medicine in this state, may elect a delegate to represent their col- leges, reapectnelv, m the medical society of the state, who shall be entitled to all (he privileges, and subject to the same regulations, as the delegates from the county medical societies. Tat. An act further to amend " An act to incorporate Medical Societies for the purpose of regulating the Practice of Physic and Surgery in this Stat'." Passed April 13, 1^19. Chap. 237, p. 308. § 1. Be it enacted by the People of the State of .Veic-York, rep- r'rttnied in Semite and Assembly, That it shall and may be lawful for cwh medical society in this state, to cause to be raised and col- lated from each practicing physician and surgeon, residing in the county or counties where such societv is by law established, a sum not exceeding one dollar in any one year; which sum, when col- lected, shall he a part of tho fund of said society, to be applied as directed by the seventeenth section of the act, entitled •* An act to .Tu m-.fie.1 Ml f«r rvUMitMn Nrfteil S*i«Uti in (hit SUfr, ni ■ t**Ytl Stale Mtittti $*>#j, was |»utr4 AfWl 4, lW. 27 incorporate medical societies for the purpose of regulating the prac- tice of physic and surgery in this state," passed April 10, 1813. An act to enable the County Medical Societies in this State to alter the time of holding their Annual Meetings. Passed April 23, 1823. Chap. 228, p. 281. § I. Be it enacted by the People ofihe State of New-York, rep-Annual meet- resented in Senate and Assembly, That it shall and may be lawful for any society, incorporated under the act, entitled " An act to in- corporate medical societies, for the purpose of regulating the prac- tice of physic and surgery in this state," at any anniversary meeting of such society, to change the day of holding their annual meeting to such other day in the year as may be more convenient: Provi- Proviso. ded, That two-thirds of the members present concur in voting for such change: notice of intention to move the same having been first given at some previous regular meeting of the society.* *It will be observed that the Revisors have omitted the following sections as not in force----In the act passed April 10,1813, sections 12, 20. 91,22---In the act passed April .0,1818, sections 1,2.4, 7----In the act passed April 13, 1S19, section 2. All the above are repealed by enactments contained in the " General Regulations" contained in pages 17, &c. A SYSTEM OF MEDICAL ETHICS. [The following code of Medical Ethics was reported to the State Medical Society in February, 1823, by a committee consisting of Drs. Manley, Pascalis and Steel, and unanimously adopted. It is now re-printed by order of the Society, with a few alterations.] A system of Medical Ethics comprises all the moral principles and regulations which should govern physicians and surgeons in the exercise of their professional avocations with the public in gene- ral, in private and confidential cases, as well as in their intercourse with other medical men, and before magistrates and courts of justice. Such a system may be reduced to the form of a code of medical police, exhibiting maxims and precepts in five respective divisions of medical ethics, under the following heads : 1st. Personal Character of Physicians. 2d. Quackery. 3d. Consultations. 4th. Specifications of Medical Police in Practice. 5th. Forensic Medical Police. FIRST DIVISION. Personal Character of Physicians. Quaiifica- It would be difficult to determine which of the three learned pro- fessions in society requires the most virtue, or the most purity, and Trials, &c. perfection of personal character. Those only can judge who are themselves acquainted with the difficulties to be surmounted in the study of medicine and surgery, and the labor and extent of the long course of experimental observation which is necessary to pursue, before the confidence of the public can be attained. The life of a physician is, on the whole, a continual struggle against prejudices and erroneous habitudes of the mind, and not unfrequently against ingratitude,* exclusive of the personal hazard among the sick, the fatigue, and the loss of ordinary comfort and rest which it necessa- rily involves. I. A physician can not successfully pass through his career without the aid of much fortitude of mind, and a religious sense of equisites. ajj njg obligations of conscience, honor, and humanitv.f His per- mit unfortunately happens that the only judges of medical merit, are these wh« have sinister views in concealing and depreciating it. John Gregory, M. D. Lee. 1. on tkt duties «/ Phyti- dam, p. 17, lA>n. Ed. ' tHencc appears the necessity ofa physician having a large share of good sense, and knowledge •! tlie world, as well as medical genius and learning. Ihid. p. 17. 29 sonal character should therefore be that of a perfect gentleman, and above all, be exempt from vulgarity of manners, habitual swearing, drunkenness, gambling, or any species of debauchery, and contempt for religious practices and feelings.* II. The confidence of the public can not be awarded to a phy- sician who has rendered himself notorious for felony or misdemea- nor, or who has incurred penalties for crimes. III. A physfcian in indigent circumstances is not permitted toNc■otl>e,■bu•- . ° * mess to be embrace or exercise any business which would degrade the charac-embrace<1*1- . . = ring the prac- ter of his profession ; such as keeping a tavern, lottery office, gam-ticeof medi- bling, victualling, or play-house. Any low trade or servile merce- nary occupation, is incompatible with the dignity and independence of medical avocations. In such extreme and derogatory situations, a physician forfeits the privileges of his profession. SECOND DIVISION. The importance of the medical profession requires that it should be exercised with fidelity to its scientific principles and approved ' doctrines ; with honor to all its members, and with justice and hu- manity to the sick. A departure from the above principles consti- tutes Quackery, which degrades the medical character by ignorance, artifice, unap-qU4ck proved methods of practice, and by the use of remedies dangerous to health and life. IV. Any physician and surgeon who divides his responsibility witka known quack, and associates with him in medical consulta- itka ons\ tionsN-eceiving a fee, or the usual charges for such services, or practices with nostrums, secret medicines, or patent remedies, is Nostrums and secret guilty Of quackery. medicines. V. The right of a patent medicine being incompatible with the duty and obligations enjoined upon physicians to advance the know- ledge of curing diseases, it constitutes quackery, and can not be pro- fessionally countenanced. VI. Public advertisements, or private cards, inviting customers Advertise. i-i ments, card*, afflicted with defined diseases; promising radical cures ; engaging**. 'The most celebrated physicians, who to this day remain our models and masters, were religious men. 1 know none among the living who can be judged greater than Stahl, Boerhaare Linmcus and.Haller. who always headed their works by an invocation to the Supreme Ruler. F. E. Fo~ dere. Vii- Diction etti sciences meHicahi, trrt. Med. Police. 30 for no curt, no pay; offering advice and medicines to the poor, gratis; producing certificates and signatures, even from respecta- ble individuals, in support of the advertiser's skill and success, and the like, are all absolutely acts of quackery, which medical institu- tions should also repress, and punish by the rejection or expulsion of those who commit them. THIRD DIVISION. Consultations. Consultation £\\ the individuals composing the colleges and medical societies constituted by the legislature of this state, are by them, qualified physicians and surgeons. The two professions of medicine and surgery are blended by the law, both in the schools and in practice. „ ... The examination by the censors of the county and state societies, Qualifica- * * tions, &c. of candidates for the degree of license, and by the professors of col- leges for the degree of doctor, are equally directed to embrace in their exercises, the elements and doctrines of both sciences, estab- lishing thereby the candidate's proficiency, not only in medicine, but in surgery. There are no degrees of qualifications, nor are different rights assigned to the members of the same profession, but such as result from their individual choice, skill, and fitness. Prac- tical surgery is more properly attended to by the younger members, but the more experienced should be deemed competent to direct or inspect either the theoretical or practical departments. These remarks are offered, to show that the distinction frequent- ly adopted in practice, and especially in consultation, between phy- sicians and surgeons, confining each other to surgical or medical, external or internal cases, has no foundation in propriety, and if adhered to, arises from the wish to indulge in personal or interested motives. It is admitted, however, that when the question is merely to perform some operative process, a practical $urgeo7i should be selected in preference; but this exception is only applicable, when a physician declines (on such accounts as he may think proper,) to perform a necessary operation, and by no means invalidates the principle established in the state of New-York, in conformity to medical ethics.* 'Among the moderns, the arU of phytic and surgery have often been promiscuously practiced hj the same person: for example, AUdaniu, Severinus, Bartholin*, and many others or dtstingvished genii.s and learning. 31 VII. A consultation of one or many physicians is like a delibe- rating committee, over which a senior in age or experience presides, each one, however, being equally responsible for the trust assigned to him of the cure and relief of the patient. The attending physi- cian is exclusively charged with the execution of the treatment from day to day, nor is any consulting physician ever allowed to visit or inspect, unless it be with his colleagues, or by agreement, or in cases of emergency. When a surgical operation is required, it devolves upon the se-^JJJj^k nior practitioner of surgery in the consultation, or on one especially appointed* VIII. A diversity of opinion in consultation is to be regretted, for if unavoidable, it must cause much delay and many inconven- iences before a medical umpire can be obtained. It is needless to point out what a correct sense of delicacy will in this case require from a gentleman who, in spite of his opposition,. 28. sur- geons. 32 with a consultation, they certainly may expose their reputation by an incorrect judgment or misapprehension of their patient's case, and weaken the confidence reposed in them. And a physician does not acquit himself correctly towards his patients if he does not benefit him with the best advice that can be procured. Poverty, or the narrowness of means to remunerate an additional practitioner, is no reasonable excuse, for he can scarcely deserve the name of a practicing physician who can not find at least one medical friend to consult, when the life or limb of a fellow-creature is in jeopardy. FOURTH DIVISION. Specifications of Medical Ethics in Practice. XII. Physicians are often requested to declare to the patient his danger, and to urge his observance of religious and testamentary acts; but medical aid, in extremely dangerous cases, would seldom be of any avail, if in place of composing the mind of the sufferer, physicians were to doom it to despondency and despair. Such services are incompatible with their duty of administering hope and comfort, without the influence of which, many doubtful cases of disease might at once become positively fatal. To a christian minister alone, or to some other authorized per- son, therefore, appertains the task of disclosing to the patient his alarming situation, and preparing his mind to meet with composure that event, which to his friends may appear inevitable. Physicians should not interfere in the final settlement of their patient's worldly affairs. These are eventually composed of various family claims and pretensions; and a physician's inteference in their distribution may be taxed as arising from interested motives, or be thought by those concerned to be a disgraceful violation of the confidence reposed on his humane functions as medical atten- dant. In order to protect himself, and to place his name beyond the reach of any implication, he should, Notice of Is*' Give timely and explicit information of the dangerous situa- danger.ke. tion of the putient, to those who have the best right to advise him in his religious and temporal concerns. 2d. He should inform them of a possibility of a change In the prognostic, in order to prevent any relaxation of care and attention 33 on the part of nurses and others, that no chances of the patient's recovery be lost through neglect. 3d. The physician in such a case, should continue his personal attendance, which is the more proper, as he entertains or has ac- knowledged some hopes of a favorable change; should he be dis- missed from pecuniary motives, his responsibility nevertheless re- quires a friendly or gratuitous attention.* XIII. It is not intended in this system of medical ethics to in- struct physicians and surgeons upon every felonious act of infanti- cide, murder, &c. for which the penal statutes of this country have made sufficient provision. It is incumbent upon medical authori- ties to consider, condemn and punish as criminal, such acts of med- ical practitioners as offend the respective obligations of married per- sons, or the chastity and modesty of the youth of both sexes. This restrictive definition is to be applied, 1st. To the personal conduct of medical men, who abuse the confidence of families, and become exposed to legal damages for crim. con. or seduction, &c. 2d. To those who, with a view of curing diseases or correcting certain natural imperfections, prescribe remedies or advise remedial means that must interfere with matrimonial rights and the obser- vance of a chaste and moral life. The scope of opinion on this subject may be wide, and the pre- texts in palliation numerous, but the dependence of the public upon our labors for the preservation of health, and the cure of diseases, ought to be held sacred ; nor can confidence be granted to a pro- % fession, that should allow any of its members to violate hospitality, to promote immorality, or to be accessory to vicious and criminal conduct. XIV. Honor and justice particularly forbid a medical practi-privileges, tioner's infringing upon the rights and privileges of another who js1310"1*'8"* legally accredited, and whose character is not impeached by public opinion, or civil or medical authority; whether he be a native or a stranger settled in the country. There is no difference between physicians but such as results from their personal talents, medical acquirement:, or their experience ; and the public, from the services *" It is as much the business of a physician to alleviate pain andto smooth the avenues of death, when unavoidable, as to c,ure diseases." Vid. 7 Gregory's Lectures, ion. Ed. p.^, and But- jamin RtuK's appendix -orrttXt duties of a physician, art. XT. 34 they receive, are the natural judges of these intellectual advantages. In all probability, every good physician would receive a merited share ofpatronage, were there not many who usurp a portion through artful insinuations, and slanders of others, or combinations against, or improper interferences with, the more worthy practitioner. Any physician thus molested or injured, is justifiable in applying for re- dress to the county medical society to which he is attached. Visits &c. XV- A physician is not to visit a patient placed under another practitioner's care, without previous and ostensible friendship or business, nor without first informing the attending physician; if then he thinks it proper to advise, he may do it, but it must be in con- formity to the rules of consultation as above explained. Libellous at- XVI. Libellous attacks among physicians are no doubt subject lacks, Sic. or/ to the same mode of redress by damages as the law points out to • other citizens ; but we hold that matters of libel include professional and practical acts whether true or false, published or stated to any person who is not a competent judge, with a view to injure the pro- fessional reputation of a physician. This identical principle was adopted by the supreme court of Pennsylvania in the trial of Benj. Rush, v. Wm. Cobbett, alias Porcupine, in which a verdict of £>4,0C0 dama es was awarded to the plaintiff for a libel founded in a mali- cious representation of the plaintiff's practice, made to the public by the defendant. Medical con- XVII. If medical controversies are brought before the public in troversies. w * newspapers or pamphlets, by contending medical writers, and give rise to,or contain assertions or insinuations injurious to the personal character or professional qualifications of the parties, such papers are unquestionably disreputable, to the medical community; for those who should be foremost in the pursuit of truth, ought to be the last to set an example of an illiberal, indecorous, and revengeful deportment, so contrary to what is expected from literary and scien- tific gentlemen. Such papers are therefore to be reported by the censors to their respective county medical societies, and the authors are liable to such punishment as the case may require. Conndential-. It is a matter of justice, necessity and propriety, that the business Becrecy,&c. oj.fl physician and surgeon should be always considered of a confi- dential nature. Even secrecy, in certain circumstances, as will be explained hcreuftcr, is the privilego of the facultyj and inviolable 35 even in a court,of justice. In ordinary practice, common sense, decency and delicacy should, in familiar conversation with females, and persons uninstrue ted in medicine, always exclude such topics as patients, diseases, remedies, operations, and the like. A display of terrific and wonderful relations of diseases, remedies, wounds, operations and cures, is frequently indulged in, no doubt ad captan- dum, yet in most cas^s they produce but an equivocal admiration for the narrator, and prove besides his very imperfect knowledge of human nature. Those who are not familiar with the subjects of^™^1 medical art and study, are liable to draw mistaken and contradictory inferences from what they hear concerning them. Hence many people suppose that a physician is an unfeeling man; and assimi- late a good surgeon to a butcher. The more talk, therefore, the more numerous the misrepresentations set afloat, and the greater the diffidence, distrust, or disrespect excited. XVIII. The exposure of the nature of the complaint which a physician is called upon to judge or cure, subjecting the patient to public shame, or impeaching his moral character, is an unpardona- ble breach of medical ethics. XIX. » The poor," says Boerhaave, " are the best customers,Patronage, because God will be the paymaster." Instead of fee, they give in exchange the benefit of experience, of useful observation, and fre- quently the gratification of successful advice, which is more exactly followed byCthem than by the rich, who too often spoil the best di- rections by their whimsical notions and love of comfort. The most ' lucrative and extended patronage a physician can enjoy, far from being an honorable pretext for not affording some attention to the poor, stands as a proof of his selfishness or want of humanity. XX. In urgent cases of sickness, or of injuries occasioned hyedhtob. accidents, a call for medical or surgical help should be obeyed im-S^U- mediately, unless such compliance be to the detriment of somedentaiinju. other sufferer. It often happens in such cases that many physicians,""• and more than are required, meet on the spot. Courtesy then as-Co»rte,y,*c. signs the patient to the first physician or surgeon who armes, and if he should want assistance, he has a right to request it from a phy- sician or practical surgeon present, according to the nature of the case. But if the physician or surgeon who usually attends the fa- 36 mily or patient, be of the number, then the present urgent case is assigned to him. Concern™- In the event of concurring attendance of many medical gentlemen, attendance5. n0 fee is to be exacted for the trouble of coming, unless called upon by some authorized person. An accidental injury is distress, and help for a fellow-being in distress, is claimed by the laws of nature. Fees.eom- XXL The fees for the compensation of medical services are pensation, &c regulated by the* value of currency, and the price of necessaries in different countries and cities ; by the customs approved and estab- lished among*experienced and reputable practitioners ; and some- times by a recorded rate of charges, such as individuals belonging to any trade or profession adopt by general consent. Public opirv- ion in civilized nations, and among the more enlightened classes of society, will always highly estimate and liberally compensate me- dical services. A strict sense of justice and honor towards each fellow member ticeandhon- of the profession, should prevent a physician from undervaluing his services, by items and charges in his bills beneath the customary rate, with a view to draw patronage by exciting comparisons. A practitioner may settle his demands with his patrons on whatever terms he pleases, but he has no right to make the low charges an established usage to the prejudice of his brethren. The reputation of a cheap doctor, after all, is neither dignified nor enviable. Demands— Others will follow quite a contrary method. They will place an their charac- . . ter. exorbitant value on their time and labor, and exact oppressive de- mands for their services. The conduct of such has a very injurious influence over the lower and middling classes of .society, who, need- ing medical aid, are deterred from applying to any physician, lest they should incur ruinous charges. These expensive doctors should be reminded, that whenever a person pays a bill which he thinks extravagant and unreasonable, he easily repays himself, and grati- fies his vanity, if not his resentment, by divulging how much money he has been willing to bestow, what liberality he has exercised or to what imposition he has been exposed ! •Dr' Gregory ,ays (p. 179) ''that under such circumstances, considerations of benevolence hu- manity, and gratitude are wholly set aside ; for when disputes arise, they must be suspended or ex- tinguished, and the question at issue can alone be decided on the 'priuciple of commut t m rice.' " If a physician would, therefore, contend for remuneration, it could notie as a mT«riW /ee.butan indemnity only for the expenses of transporting himself there when l.» «■.•.!# k ted. The question is the roort easily sBttkd, as it (as no further reference to m usefulness. This ob- Estrange- ■ ligation is unbecomingly violated by many physicians who pretenddus'iveness*!*' to eminence ; they estrange themselves from medical associationsmem e™" —never have any observation or improvement to communicate— their degree of skill and experience always remains unknown and mysterious—they screen themselves from scientific labors and con- troversies ; and, as if incompetent, never contribute by any effort, however small, to the advancement of the medical character. Such practitioners, although they are frequently popular and wealthy, are; nevertheless, only comparable to drones in the bee-hive; medical • associations should refuse to confer upon them ofnces,appointiuentsf 38 Judicial in- quisitions. Decisions of physic ians. or even employments in committees, on the principle that proofs are wanting of their talents, zeal, judgment and professional emulation. FIFTH DIVISION. Forensic Medical Police. XXIII. There are numerous accidents and offences, the nature and degree of criminality of which are determined by medical opin- ion. Human passions daily occasion acts of violence which fall under the cognizance of public justice ; and diseases of the mind, whether arising from vice, intemperance, sickness or accident, have also their share oi* influence in the commission of crime ; and often lead their unfortunate victims to suicide and murder. Crimes so , originating could be perpetrated in ways so disguised to conceal the authors, or the means by which they were accomplished, were it not that juries can be assisted by medical men in evidence rela- ting to physiology. A physician should always be in readiness to answer in these judicial inquisitions, and to give an opinion, on facts referring to his judgment, according to the approved doctrines of medicine and surgery, as far as these are ascertained. Ignorance, or an imperfect knowledge upon matters which place life, honor and innocence in a fatal predicament, is unpardonable, and should sub- ject any physician so illiterate, to disqualification for the privileges of his profession. XXIV. To well instructed physicians, only two rules need to be recommended. The one relating to their conduct when they are called upon to give professional evidence ; and the other to the nature and extent of the secrecy which they are bound to maintain in relation to their patients. 1st. When physicians engaged in the decision of a forensic ques- tion are unbiassed by the parties, and have no interest for plaintiff or defendant, (being well informed of all the facts alleged in evi- dence,) they have only to decide by known medical principles, and can therefore rarely disagree. It is their duty to obtain every pos- sible information upon the case, and before giving in their declara- tion, candidly and conscientiously to canvass each other's opinions so that erroneous ideas may be removed, and information participa- ted.* Two or more physicians on one side of a question, should •When two or more gentlemen of the faculty are to offer their opinions or testimony, it would sometimes tend to obviate contrariety, if they were to oonfer freely with each other, before thrir public fcxamiuMion. T. Pei*t\ml,.MJi4. EtMtj,ek-. \. pV& itiT. * "K" 39 in the same manner freely communicate, in order to guard against versatile and contradictory declarations, for which the trivial sar- casm, " doctors differ," is no excuse, as they always invalidate their opinions, authority, decisions and respectability. 2d. The second rule is that of secrecy upon facts with which Sccrecr) physicians become professionally acquainted, or are invited to as- certain ; such as, whether an apparent pregnancy be real; the ges- tation and birth of a child ; its parentage, color, and age : the judg- ment and treatment of syphilitica! and gonorrhceal diseases; the able or disabled state of a person, in limb or constitution ; the falla- cy of virginity, and other circumstances, to the confession of which a degree of shame, and the idea of exposure are attached, and which are never mentioned but with an engagement to secrecy. This duty has been defined by comparing it to that of the Catho-«cePtinc»- . . *es °* treason lie Confessional, which admits of no disclosures except in cases of»nd murder. treason or murder.* This inference has been acknowledged by the judiciary of New-York, and, in its application to medical mat- ters, admitted by that of Pennsylvania in the year 1800. f The Revised Statutes of our state have, however, prescribed the duty of physicians on this point. In the second volume, (page 406,) is the following enactment:— " No person duly authorized to practice physic and surgery, shall No disclo- be allowed to disclose any information which he may have acquired in attending any patient in a professional character, and which in- formation was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon." EXTRACT From the Proceedings of the Medical Society of the State of New-York, at its annual Session in February, 1833. Dr. M'Call offered the following resolution with its preamble, which were adopted: »The sacred duty or privilege of a Catholic priest not compellable to disclose the secrets of auricular confession, was maintained by a decision of the court of sessions of New York, 14th of June. 1813, in the case of the Kev. .Mr. K refusing his testimony on a matter of felony. Vid. Cathol. quest, report, by Wm.. Sampson, Esq. fMaov persons would rather suffer or die than he exposed to shame or disgrace from the com- plaints they are laboring under. It is a law of nature that they should seek for cure or relief) and be pMettei, try pYtfcsajttd feertty, *veb if a matter Of pVosetution sUAild arise therefrom. 40 Whereas a great diversity of opinion exists amongst the medical profession of our state, on the powers of Medical Societies as to the admission of members; and whereas-a perfect understanding of said law is important to the harmony and usefulness of the pro- fession—Therefore, Resolved, That a committee be appointed to obtain the opinion of the Attorney General upon the same. Resolved, That Drs. M'Call, Burwell and Taylor, be said com- mittee. Dr. M'Call, from the committee appointed to wait on the Attor- ney General, reported the following opinion of that officer : Albany, February 6, 1833. Doctors M'Call, Burwell and Taylor. Gentlemen,—In pursuance of the request of the Medical Society of this state, communicated through you, I have given a brief con- sideration to the powers of the County Medical Societies, relating to the admission and expulsion of members. The first act authorizing the incorporation of Medical Societies, was passed in 1806. 4 Web. 537. This act was revised and re- enacted on the 10th of April, 1813, and is still in force. 2 R. I,. 219. 3 R. S. 304. This act, after reciting that " well regulated Medical Societies haye been found to contribute to the diffusion of true science, and particularly the knowledge of the healing art," provided that a society might be formed in each county, by the voluntary association of not less than five physicians and surgeons, and the choice of certain officers. By the 14th section of the act, the societies were empowered at their annual meetings, to make by-laws and regulations " relative to the affairs, concerns and pro- perty of said societies, relative to the admission and expulsion of members, and relative to donations or contributions. It has never been doubted that the act of 1813 gave the several societies ample discretion, as well in relation to the admission as the expulsion of members. They were not compelled, without their consent, to associate either with licensed quacks, cr men of bad moral character. ' But it has been said that title vn. of chapter xiv. of the first part of the Revised Statutes, (1 R. S. 452,) has introduced a different rule on this aibjcct. That inasmuch as every physician is required 41 to apply for admission into the Medical Society of his county, on pain of the forfeiture of his license, the society can have no right to reject him on the ground of his moral or professional character; and that inasmuch as provision is made for the expulsion of mem- bers by the judges of the county courts, the society can have no power over its members, other than such as this statute has provided. On both of these points, I entertain a different opinion from the one above mentioned. The Revised Statutes do not profess to repeal the act of 1813, or any part of it. Both acts relate to the same subject, and should be construed together; and it is believed that they may be interpreted in such a manner as to give effect to all their provisions. First. Every physician, not already a member, must apply for admission into the society of his county, on pain of the forfeiture of his license. Second. The society, in pursuance of its by-laws and regula- tions, may either admit or reject the applicant. If rejected, he loses nothing but the benefits which he might have derived from the association. His license is not forfeited. Third. The society, in pursuance of its by-laws and regulations, may either expel a member, or may deliver charges to the district attorney; and the member may be expelled from the society by the judges of the county court. In the first case the member loses no- thing but the benefits of the association: in the last case he may be for ever disqualified from pursuing his profession, or be suspen- ded from practice for a limited period. This opinion will derive some support from the decision of the Supreme Court, in the case of The People against The Medical Society of the county of New-York. 3 Wend. 426. I am, with great respect, Your obedient servant, GREENE C. BRONSON. I i