THE ACTS ESTABLISHING 
 
 —THE— 
 
 STATE BOARD OF HEALTH 
 
 —AND REGULATING THE— 
 
 PRACTICE OF MEDICINE AND SURGERY 
 
 I3ST MISSOURI, 
 
 —WITH— 
 
 MODE OF PROCEDURE UNDER THE SAME. 
 
 —COMPILED BY— 
 
 JOSEPH C. HEARNE, M. D., Sec’y. 
 
 -•*28- 
 
 SAUi sXfi 
 
 ST. LOUIS, MO. : 
 
 Commercial Printing Company, 405 North Third Street. 
 1883. 
 
MEMBEES OF THE BOAED. 
 
 E. H. Gregory, M. D., - - - St, Louis—President. 
 
 G. M. Oox, M. D., - - Springfield—Vice-President. 
 
 *P. D. Yost, M. D., - St. Louis—Treasurer. 
 
 H. F. Hereford, M. D., - - - - Kansas City. 
 
 W. B. Conery, M. D.,.St, Louis. 
 
 G. T. Bartlett, M. D.,.Poplar Bluff. 
 
 J. 0. Hearne, M. D., Hannibal—Secretary. 
 
 Board Organized at Jefferson City July 13, 1883. 
 
 *Died August 18S3. 
 
Office of Secretary of ) 
 Missouri State Board of Health, j 
 
 Hannibal, August 10th, 1883. 
 
 At the meeting of the state board of health held on the 
 1st of August, 1883, the following resolution was adopted: 
 
 Resolved , That the secretary of this board, be instructed 
 to prepare a synopsis of the law Begulating the Practice of 
 Medicine and Surgery, together with mode of procedure, 
 rulings, interpretations and decisions on the same or such 
 of them as may be of general interest, and have printed a 
 sufficient number for general distribution. 
 
 In obedience to this resolution, I have devoted so much 
 time as pressing professional engagements and demands upon 
 me incident to inaugurating the work of the board would 
 allow. I submit the result with a feeling sense of its in¬ 
 completeness, trusting to the good judgment of our learned 
 profession to supply the deficiency, regardingthe acts of the 
 ^ legislature as a “ step in the right direction, 77 and their 
 prompt and full enforcement as calculated to elevate qur 
 noble profession and place it upon its proper plane, as well 
 as to result in incalculable benefit to the people. We be¬ 
 speak the hearty co-operation of every good citizen, and es- 
 ^"'pecially every physician, in securing a strict compliance with 
 the law, hoping for such alterations and amendments from 
 time to time as experience may dictate. That our ranks 
 have been cursed with quacks and charlatans, and multitudes 
 of confiding invalids murdered in the past, cannot be contro¬ 
 verted. To rid our State of these pests is a consummation 
 most devoutly to be wished for, and if seconded in our efforts 
 
 a 
 
4 
 
 by the “good men and true” of our profession, and'the multi¬ 
 tude who need their services, we hope at no distant day to 
 accomplish it. 
 
 Let us then, one and all, enter heartily into this work of 
 reform, and contribute “ our mite ” to thus benefiting our 
 common humanity. 
 
 We cannot withhold from Dr. John H. Rauch, the efficient 
 secretary of the state board of health of Illinois, our acknowl¬ 
 edgment of, and thanks for the valuable assistance rendered 
 us by him in this compilation. 
 
 Respectfully, 
 
 Jos. 0. Hearne, M. D., Sec. 
 
THE ACT ESTABLISHING 
 
 —THE— 
 
 State Board of Health. 
 
 BOARD OF HEALTH. 
 
 AN AOT creating a board of health for the state of Mis¬ 
 souri, defining its duties and powers, and fixing the compen¬ 
 sation of its officers. 
 
 Sec. 1. Board created — members, how appointed — vacancies, how 
 filled. 
 
 Sec. 2. Qualifications. 
 
 Sec. 3. Its powers and duties. 
 
 Sec. 4. Board may establish and enforce quarantine, when. 
 
 Sec. 5. Epidemics—notice to be given, etc. , 
 
 Sec. 6. Penalty for non-compliance with quarantine regulations. 
 
 Sec. 7. Board to have supervision of registration of births and deaths 
 —secretary of board superintendent of registration. 
 
 Sec. 8. Physicians, etc., to report births and deaths to county clerk— 
 penalty. 
 
 Sec. 9. When no physician, etc., present, report to be made, by whom. 
 
 Sec. 10. Coroner to report deaths, when. 
 
 Sec. 11. Board to prepare blanks—their distribution. 
 
 Sec. 12. County clerks to register births and deaths—annual report to 
 be made. 
 
 Sec. 13. Meetings of board, when and where held—its officers, etc. 
 
 Sec. 14. Duties of secretary — compensation — traveling expenses of 
 board, how paid. 
 
 Sec. 15. Board to take cognizance of diseases among domestic animals. 
 
 Sec. 16. Board to organize, when—president may administer oaths, etc. 
 
 Sec. 17. Annual reporc to be made, what to contain. 
 
 Sec. 18. Rules of board not binding, when. 
 
 Sec. 19. Appropriations. 
 
6 
 
 Be it enacted by the General Assembly of the State of Mis¬ 
 souri, as follows: 
 
 Section 1 . The governor, by and with the advice and 
 consent of the senate, shall appoint seven persons, who 
 shall constitute a board, which shall be styled the “ State 
 Board of Health of Missouri.” The members so appointed 
 shall hold their office for the term of seven years: provided, 
 however, that in the first appointments under this act four 
 of such members shall hold their office for two years, and 
 three members for four years. All vacancies occurring in 
 the board shall be filled by the governor of the state, and 
 when made when the senate is not in session, will be subject 
 to confirmation at the next ensuing session of the senate. 
 
 Sec. 2. At least five of said board shall be physicians in 
 good standing, and of recognized professional and scientific 
 knowledge, and graduates of reputable medical schools, and 
 they shall have been residents of the state for at least five 
 years next preceding their appointment: provided, that in 
 the appointments made there shall be no discrimination 
 made against the different systems of medicine that are 
 recognized as reputable by the laws of this state. 
 
 Sec. 3. The state board of health shall have general su¬ 
 pervision over the health and the sanitary interests of the 
 citizens of the state. It shall be their duty to recommend 
 to the general assembly of the state such laws as they may 
 deem necessary to improve and advance the sanitary condi¬ 
 tion of the state; to recommend to the municipal authorities 
 of any city, or to the county courts of any county, the adop¬ 
 tion of any rules that they may deem wise or expedient for 
 the protection and preservation of the health of the citizens 
 thereof. 
 
 Sec. 4. Whenever the state board of health shall be satis¬ 
 fied that any malignant, contagious or infectious disease ex¬ 
 ists in any city, district or part of the country to such an 
 extent as to endanger the lives of the inhabitants of any part 
 of the state of Missouri having direct communication with 
 such infected city, district or part of the country, said board 
 shall have power, by a majority vote, to establish quarantine 
 
7 
 
 regulations against such infected city or district, and may de¬ 
 termine and regulate to what extent and by whom any com¬ 
 munication or business transaction with such infected city or 
 district may be had, and establish such rules and regulations 
 as may be deemed necessary to prevent the introduction and 
 spread of such disease; and said board is hereby empowered 
 to call upon any executive officer of the state to enforce 
 such rules and regulations, and it shall be the duty of all 
 public officers, sheriffs and constables and other executive 
 officers of the state to assist the state board of health to 
 carry out the provisions of this act. 
 
 Sec. 5. Whenever the state board of health shall declare 
 that any malignant, infectious or contagious disease is epi¬ 
 demic in any portion of the country or the state of Missouri, 
 they shall immediately, or as soon thereafter as possible, 
 give notice to that effect to the citizens of the state, and also 
 give public notice of the rules and regulations adopted by 
 them for the enforcement of quarantine in infected and 
 other districts, and take such steps and adopt such measures 
 as they may deem necessary to prevent the introduction of 
 such disease. 
 
 Sec. 6 . Any person or persons failing, after notice, or re¬ 
 fusing to comply with the quarantine rules and regulations of 
 the state of Missouri, as established by the state board of 
 health, or any person or persons resisting by force the en¬ 
 forcement of the quarantine regulations of the state of Mis¬ 
 souri, established and approved as aforesaid, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be 
 fined not less than ten nor more than five hundred dollars 
 for each offense. 
 
 Sec. 7. The state board of health shall have a supervision 
 of the registration of births and deaths as hereinafter pro¬ 
 vided ; they shall prescribe such forms and recommend such 
 legislation as shall be deemed necessary for a thorough and 
 complete registration of vital and mortuary statistics 
 through the state. The secretary of the state board of 
 health shall be the superintendent of such registration. 
 
 Sec. 8. It shall be the duty of all physicians, surgeons 
 
8 
 
 and accouchers in this state to register their names, as pro¬ 
 vided by law, with the county clerk of the county wherein 
 they reside, and said physicians, surgeons and accouchers 
 shall be required, under penalty of a fine of ten dollars, to be 
 recovered before any court of competent jurisdiction in this 
 state, by indictment or information in the name of the state, 
 to report to the county clerk within thirty days from date of 
 their occurrence, all births or deaths which may come under 
 their supervision, with a certificate of the cause of death 
 and such correlative facts as the state board of health may 
 require, in blank form as hereinafter provided. 
 
 Sec. 9. Where any birth or death shall take place, no 
 physician, surgeon or accoucher being in attendance, the 
 same shall be reported to the county clerk within thirty days 
 from the date of the occurrence thereof, with supposed cause 
 of death, by the parent, or if there be no parent, by the 
 nearest of kin, not a minor, or if there be no kin, by the’ 
 resident householder where the death shall occur, under 
 penalty as provided in the preceding section of this act, and 
 the county clerk shall record the said report in proper form. 
 
 Sec. 10. The coroners of the several counties in this state 
 shall be required to report to the county clerk of the coun¬ 
 ty wherein such coroners reside, all cases of death which 
 may come under their supervision, with the cause and mode 
 of death, as per form furnished, and under penalty as pro¬ 
 vided in section eight of this act. 
 
 Sec. 11. It shall be the duty of the state board of health 
 to prepare such printed forms of certificates of births and 
 deaths as they may deem proper; said printed forms to be 
 furnished by the secretary of the board to the county clerks 
 of the several counties in this state; and it shall be the duty 
 of the said county clerks, as aforesaid, to furnish said 
 printed forms, as aforesaid, to such persons as are herein 
 required to make reports. 
 
 Sec. 12. The county clerks of the several counties in this 
 state shall be required to provide separate books for the 
 registration of the names and postoffice address of physi¬ 
 cians, surgeons and accouchers residing in their respective 
 
9 
 
 counties, and for births and deaths. The births and deaths 
 so registered shall, after the 31st day of December of each 
 year, and within ten days thereafter, be transcribed in alpha¬ 
 betical order, in a permanent record book to be kept for 
 that purpose. And at the end of each year said county 
 clerks shall make or cause to be made a complete report of 
 all such registrations as aforesaid, and forward the same to 
 the secretary of the state board of health for the current 
 year, or a duly certified copy thereof. 
 
 Sec. 13. The meetings of the board shall be in January 
 and July of each year, and at such other times as the board 
 shall deem expedient. The meeting in January of each year 
 shall be held in the city of Jefferson, and four members shall 
 constitute a quorum. They shall choose from their number 
 a president, vice-president and a secretary, and they may 
 adopt rules and by-laws for their government, subject to the 
 provisions of this act. 
 
 Sec. 14. The secretary shall perform such duties as may 
 be prescribed by the board and this act; he shall receive a 
 salary which shall be fixed by the board; he shall also re¬ 
 ceive his traveling and other expenses in the performance of 
 his official duties. The other members of the board shall 
 receive no compensation for their services, but their travel¬ 
 ing and other expenses while employed on the business of 
 the board shall be paid. The president of the board shall 
 certify the amount to the secretary, and the traveling and 
 other expenses of members, and on presentation of his 
 certificate the auditor of the state shall draw his warrant on 
 the state treasurer for the amount. 
 
 Sec. 15. The said board of health shall take cognizance 
 of any fatal disease which may be prevalent amongst the 
 domestic animals of this state, and ascertain the nature and 
 causes of such disease, and shall, from time to time, publish 
 the result of their investigations, with suggestions for the 
 proper treatment of such animals as may be affected, and the 
 remedy or remedies therefor. 
 
 Sec. 16. The state board of health shall organize within 
 thirty days after the appointment of the members thereof 
 
10 
 
 The president of the board shall have authority to adminis¬ 
 ter oaths, and the board to take testimony in all matters 
 relating to their duties and powers. In selecting places ta 
 hold their meetings they shall, as far as is reasonable, accom¬ 
 modate the different sections of the state, and due notice 
 shall be published of their stated meetings. All certificates 
 issued by them shall be signed by at least five members of 
 the board. 
 
 Sec. 17. It shall be the duty of the board of health to 
 make an annual report, through their secretary or otherwise, 
 in writing, to the governor of this state, on or before the 
 first day of January of each year, and such report shall in¬ 
 clude so much of the proceedings of the board, and such 
 information concerning vital and mortuary statistics, such 
 knowledge respecting diseases, and such instructions on the 
 subject of hygiene as may be thought useful by the board 
 for dissemination among the people, with such suggestions 
 as to legislative action as they may deem necessary. 
 
 Sec. 18. No rule or regulation adopted by this board shall 
 be legal or binding which shall be in conflict with any law of 
 the state, or any ordinance of any municipality or town in 
 the state. 
 
 Sec. 19. The sum of six thousand dollars, or so much 
 thereof as may be necessary, is hereby appropriated to pay 
 the salary of the secretary, meet the contingent expenses 
 of the office of the secretary, and the expenses of the board 
 and all costs for printing, which together shall not exceed 
 the sum hereby appropriated. Said expenses shall be certi¬ 
 fied and paid in the same manner as the salary of the secre¬ 
 tary. 
 
 Approved March 29,1883. 
 
THE ACT REGULATING 
 
 —THE— 
 
 Practice of Medicine and Surgery. 
 
 AN ACT to regulate the practice of medicine and surgery 
 in the state of Missouri. 
 
 Sec. 1. Persons practicing medicine and surgery to procure certifi¬ 
 cate, how obtained—by whom issued, etc. 
 
 Sec. 2. Board of health shall issue certificates, when—list to be fur¬ 
 nished county clerks. 
 
 Sec. 3. Board shall examine diploma — fee—penalty for presenting 
 fraudulent diploma—diplomas how verified, etc. 
 
 Sec. 4. Examination made by board. 
 
 Sec. 5. Certificates to be recorded with county clerks. 
 
 Sec. 6. Clerk to keep list of certificates, etc. 
 
 Sec. 7. Examinations, how made. 
 
 Sec. 8. Board may refuse or revoke certificates, when. 
 
 Sec. 9. Who regarded as practicing medicine. 
 
 Sec. 10. Itinerant venders of drugs, etc., to pay license—penalty. 
 
 Sec. 11. Penalty for violating provisions of this act—act not to apply,, 
 to whom. 
 
 Sec. 12. Who to perform duties of county clerk in St. Louis city. 
 
 Sec. 13. Inconsistent acts repealed. 
 
 Be it enacted by the General Assembly of the State of Mis¬ 
 souri, as follows: 
 
 Section 1. Every person practicing medicine and sur¬ 
 gery, in any of their departments, shall possess the qualifi¬ 
 cations required by this act. If a graduate of medicine, he 
 shall present his diploma to the state board of health for 
 verification as to its genuineness. If the diploma is found 
 to be genuine, and if the person named therein be the per¬ 
 son claiming and presenting the same, the state board of 
 
12 
 
 health shall issue its certificate to that effect, signed by at 
 least four of the members thereof, and such diploma and 
 certificate shall be deemed conclusive as to the right of the 
 lawful holder of the same to practice medicine in this state. 
 If not a graduate, the person practicing medicine in this 
 state shall present himself before said board and submit 
 himself to such examination as the said board shall require, 
 and if the examination be satisfactory to the examiners, the 
 said board shall issue its certificate in accordance with the 
 facts, and the lawful holder of such certificate shall be entitled 
 to all the rights and privileges herein mentioned. 
 
 Sec. 2. The state board of health shall issue certificates 
 to all who shall furnish satisfactory proof of having received 
 diplomas or licenses from legally chartered medical institu¬ 
 tions in good standing, of whatever school or system of med¬ 
 icine ; they shall prepare two forms of certificates, one for 
 persons in possession of diplomas or licenses, the other for 
 candidates examined by the board ; they shall furnish to the 
 county clerks of the several counties a list of all persons 
 receiving certificates: provided, that nothing in this act 
 shall authorize the board of health to make any discrimina¬ 
 tion against the holders of genuine licenses or diplomas un¬ 
 der any school or system of medicine. 
 
 Sec. 3. Said state board of health shall examine diplomas 
 as to their genuineness, and if the diplomas shall be found 
 genuine as represented, the secretary of the state board of 
 health shall receive a fee of one dollar from each graduate 
 or licentiate, and no further charge shall be made to such 
 applicant; but if it be found to be fraudulent, or not lawfully 
 owned by the possessor, the board shall be entitled to 
 charge and collect twenty dollars of the applicant presenting 
 such diploma; the verification of the diploma shall consist 
 in the affidavit of the holder and applicant,that he is the lawful 
 possessor of the same, and that he is the person therein 
 named; such affidavit may be taken before any person au¬ 
 thorized to administer oaths, and the same shall be attested 
 under the hand and official seal of such officer, if he have 
 a seal. Graduates may present their diplomas and affidavits 
 
13 
 
 as provided in this act, by letter or by proxy, and the state 
 board of health shall issue a certificate as though the owner 
 of the diploma was present. 
 
 Sec. 4. All examinations of persons not graduates or 
 licentiates shall be made directly by the board, and the cer. 
 tificates given by the board shall authorize the possessor to 
 practice medicine and surgery in the state of Missouri. 
 
 Sec. 5. Every person holding a certificate from the state 
 board of health shall have it recorded in the office of the 
 county clerk of the county in which he resides, and the re¬ 
 cord shall be endorsed thereon ; any person removing to an¬ 
 other county to practice medicine and surgery shall procure 
 an endorsement to that effect on the certificate from the 
 clerk of the county court, and shall have the certificate re¬ 
 corded in the office of the clerk of the county to which he 
 removes, and the holder of the certificate shall pay to said 
 clerk of said county the usual fees for making the record. 
 
 Sec. 6. The county clerk shall keep, in a book provided 
 for the purpose, a complete list of the certificates recorded 
 by him, with the date of the issue. If the certificate be 
 based on a diploma or license he shall record the name of 
 the medical institution conferring it, and the date when con¬ 
 ferred. The register of the county clerk shall be open to 
 public inspection during business hours. 
 
 Sec. 7. Examinations may be made in whole, or in part, in 
 writing, and shall be of an elementary and practical charac¬ 
 ter, but sufficiently strict to test the qualifications of the 
 .candidate as a practitioner. 
 
 Sec. 8. The state board of health may refuse certificates 
 to individuals guilty of unprofessional or dishonorable con¬ 
 duct, and they may revoke certificates for like causes, after 
 giving the accused an opportunity to be heard in his defense 
 before the board. 
 
 Sec. 9. Any person shall be regarded as practicing medi¬ 
 cine within the meaning of this act, who shall profess, pub¬ 
 licly, to be a physician, and to prescribe for the sick, or who 
 shall append to his name the letters “ M. D.;” but nothing 
 in this act will be construed to prohibit students from pre- 
 
 i 
 
14 
 
 scribing under the supervision of a preceptor or to prohibit 
 gratuitous services in cases of emergency; and this act shall 
 not apply to commissioned surgeons of the United States 
 army, navy and marine hospital service. 
 
 Sec. 10. Any itinerant vender of any drug, nostrum, oint 
 ment or appliance of any kind, intended for the treatment of 
 disease or injury, or who shall, by writing or printing, or any 
 other method, publicly profess to cure or treat diseases, in 
 juries or deformities by any drug, nostrum, manipulation, or 
 other expedient, shall pay to the state a license of one 
 hundred dollars per month, to be collected as provided for 
 by law, as all other licenses are now collected, and any per¬ 
 son violating the provisions of this section shall be deemed 
 guilty of a misdemeanor, and, upon conviction thereof, shall 
 be punished by a fine not to exceed five hundred dollars 
 ($500), or by imprisonment in the county jail not to exced six 
 months, or by both such fine and imprisonment. 
 
 Sec. 11. Any person practicing medicine or surgery in 
 this state without complying with the provisions of this act 
 shall be deemed guilty of a misdemeanor, and be punished 
 by a fine of not less than fifty dollars, nor more than five 
 hundred dollars, or by imprisonment in the county jail tor a 
 period of not less than thirty days nor more than three 
 hundred and sixty-five days, or by both such fine and im¬ 
 prisonment for each and every offense; and any person filing 
 or attempting to file as his own, the diploma or certificate of 
 another, or a forged affidavit or identification, shall be guilty 
 of a felony, and, upon conviction thereof, shall be subject 
 to such fine and imprisonment as are made and provided for 
 by the statutes of this state for the crime of forgery in the 
 second degree, but the penalties shall not be enforced until 
 a period of six months after the passage of this bill: pro¬ 
 vided, that the provisions of this act shall not apply to 
 those that have been practicing medicine five years in this 
 state. 
 
 Sec. 12. Whenever in this act it is provided that any duty 
 or service shall be performed by any county clerk, such duty 
 and service in the city of St. Louis shall be performed by 
 
15 
 
 the city register or health commissioner of the city of St. 
 Louis, as if such officer was specially named to perform 
 these duties and services. 
 
 Sec. 13. All acts and parts of acts inconsistent with this 
 act are hereby repealed. 
 
 Approved April 2, 1883. 
 
RULES AND BY-LAWS 
 
 —OF— 
 
 Missouri State -Board of Health. 
 
 [Adopted at their Meeting, August 1st , 1883.~\ 
 
 I. The officers of the board shall be a president, vice 
 president, secretary and treasurer, who shall be chosen 
 from the members of the board. All officers shall be elect¬ 
 ed by ballot at the annual meeting in January, and shall 
 hold office one year, and until their successors shall be 
 elected and assume the duties of office. But vacancies can 
 be filled and any office may be vacated by the board, for 
 cause, at any regular meeting of the board. Provided, 
 that the present officers shall hold office until the January 
 meeting, 1885. 
 
 II. The president and secretary shall perform the duties 
 prescribed by law, and by the rules, by-laws and resolutions 
 of the board. The secretary shall give an approved bond 
 for the faithful discharge of his duties. 
 
 III. The treasurer shall give bond, to be approved by 
 the president and secretary, in such sums as the board 
 may determine. He shall have the charge and custody of 
 all moneys received for fees, or which may come otherwise 
 
17 
 
 into the possession of the board, and shall pay out the same 
 only on order of the board, signed by the president and 
 countersigned by the secretary. All fees received by the 
 secretary under the Act to Regulate the Practice of Medi¬ 
 cine and Surgery, and also all other moneys belonging to 
 the board, coming into his hands, shall be paid over by him 
 quarterly, or oftener, to the treasurer. 
 
 IV. The accounts of the secretary for salary and travel, 
 ing expenses, on the business of this office, shall be examin¬ 
 ed and certified quarterly by the president, as provided by 
 law, but no debts or pecuniary liabilities shall be incurred 
 by said secretary in the name of the board of health or of his 
 office, except such as are authorized by a vote of the board, 
 no expenditures shall be made by him for the board, or for 
 his office, except such as shall be specially ordered or au¬ 
 thorized by the board, and all accounts, debts or liabilities 
 so incurred by the secretary shall be audited by auditing 
 committee, and, when approved, be paid on the order of the 
 board, and be signed by the president and secretary, and 
 not otherwise. 
 
 V. The board shall hold an annual meeting in the city of 
 Jefferson, on the second Tuesday in January in each year, 
 and regular meetings shall be held on the second Tuesday 
 in April, July and October, at such places as the board may 
 determine. 
 
 VI. There shall be appointed by the president at the 
 regular annual meeting in January an auditing committee con¬ 
 sisting of two members, who shall be members of the board 
 and shall hold office for one year. The president shall have 
 power to call special meetings of the board on the request 
 of three members made in writing, and he may also postpone 
 any meeting of the board except the annual meeting in Jan¬ 
 uary and the regular meeting in July when requested so to 
 do by four members of the board in writing. 
 
 VII. The examination of candidates and physicians, un¬ 
 der the Act to Regulate the Practice of Medicine and Sur¬ 
 gery, shall be had at the meetings of the board in January, 
 
18 
 
 April, July and October, and at no other time unless ordered 
 by the board by a vote of two-thirds of all the members. 
 
 VIII. These by-laws may be altered or amended at any 
 regular meeting of the board by a two-thirds vote of all the 
 members of the board. 
 
 ORDER OF BUSINESS. 
 
 Order of business shall be as follows: 
 
 1. Calling of the roll. 
 
 2. Reading minutes of last regular and special meetings. 
 
 3. Reports of officers of the board. 
 
 4. Reports of committees of the board. 
 
 5. Communications from members of the board. 
 
 6. New and unfinished business. 
 
How to Procede Under the Law. 
 
 Under the act entitled “Practice of Medicine and Surgery,’’ 
 all persons offering to practice medicine in any of its depart¬ 
 ments, in the state of Missouri, are divided into two 
 classes: 
 
 First. Practitioners who have been practicing medicine 
 five years or more, within this state, prior to July 2d, 1883. 
 
 Second. Those who have been practicing medicine less 
 than five years, within this state, prior to said date. 
 
 This second class is also divisible into two grades 
 
 First. Graduates of medicine who can furnish satisfactory 
 proof of having received diplomas from legally chartered 
 medical institutions in good standing. 
 
 Second. Those who are practicing medicine in any of its 
 departments, who have neither a diploma or license. The 
 former must present their diploma to the state board of 
 health for verification as to its genuineness. The latter 
 must undergo examination by the board for its certificate en¬ 
 titling them to practice medicine and surgery in this state. 
 
 Concerning the proviso by which physicians who “ have 
 been practicing medicine five years in this stateare ex¬ 
 empted from the provisions of the act, the board are of 
 opinion that it is its duty to ascertain, as far as practicable, 
 the names of all those who are entitled to the benefit of 
 that proviso ; and that it is the duty of those who have thus 
 practiced medicine for five years within the state to furnish 
 the board evidence of the fact by affidavit or otherwise, 
 
20 
 
 when a proper certificate will be issued, which will show 
 their right to practice under that proviso of the law, and 
 establish their status legally. 
 
 Section eight, of the state board of health Act requires 
 that all physicians, surgeons and accouchers (or midwives), 
 without exception, practicing in this state shall register 
 their names with the county clerk of the county where they 
 reside. This registration is additional to and independent 
 of the record of the certificate issued by the board. They 
 are also required, under penalty of a fine of ten dollars, to 
 report to the county clerk, within thirty days from the date 
 of their occurrence, all births or deaths which may come 
 under their supervision, with a certificate of cause of death, 
 with such correlative facts as the state board of health may 
 require, in blank form which will be furnished by the county 
 clerk on application. 
 
 DIRECTIONS. 
 
 1. Applications for Certificates, etc.: Applications for cer¬ 
 tificates or for blank affidavits, should be made to the secre¬ 
 tary, at Hannibal. The county clerks are also furnished 
 with blank affidavits, or may obtain the same on application 
 to the secretary. 
 
 A special form of affidavit has been prepared for those 
 who have lost their diplomas by fire or otherwise, and may 
 be had on application as above. 
 
 Diplomas or licenses for verification, and affidavits 
 properly filled out and acknowledged, together with the 
 necessary letters of recommendation and fees for certifi¬ 
 cates, should be sent to the secretary. 
 
 For convenience, diplomas may be presented to any mem¬ 
 ber of the board for verification. In such case, the affidavit 
 should be endorsed—“ Diploma verified,” with the signature 
 of the member, before being forwarded to the secretary. 
 
 Such affidavits may be taken before any person author¬ 
 ized to administer oaths, and the same should be attested 
 
21 
 
 under the hand and official seal of the officer. If taken be¬ 
 fore a justice of the peace, there should be a certificate of 
 the county clerk to his being a justice of the peace. 
 
 2. Diploma to be Presented for Verification: The law re¬ 
 quires that those who are graduates in medicine, or who 
 have licenses from legally-chartered medical institutions in 
 good standing, must actually present for verification, to the 
 State Board, their diplomas or licenses; and, in addition, 
 such other satisfactory proofs as may be necessary. Gradu¬ 
 ates may present their diplomas or licenses and affidavits by 
 letter or proxy. The board will not recognize diplomas 
 from any school that does not require two full courses of 
 lectures of not less than twenty weeks per session, with 
 six months intervening between sessions, and that is not in 
 good standing in the particular school of medicine which it 
 teaches. 
 
 At the meeting of the board in August, the requirements 
 of the Illinois State Board of Health for medical colleges, to 
 be held in “good standing’ 7 were unanimously adopted, 
 which were as follows: 
 
 MINIMUM REQUIREMENTS FOR A MEDICAL COLLEGE TO BE 
 HELD IN “GOOD STANDING.” 
 
 1. CONDITIONS OF ADMISSION TO LECTURE COURSES. 
 
 1. Credible certificates of good moral standing. 
 
 2. Diploma of graduation from a good literary and scientific college 
 or high school. Or, lacking this, 
 
 3. A thorough examination in the branches of a good English educa- 
 cation, including mithematics, English composition, and elementary 
 physics or natural philosophy. This provision will not be required be¬ 
 fore the close of the lecture sessions of 1883-4. 
 
 II. BRANCHES OF MEDICAL SCIENCE TO BE INCLUDED IN THE COURSES OF 
 
 INSTRUCTION. 
 
 1. Anatomy. 2. Physiology. 3. Chemistry. 4. Materia Medica 
 and Therapeutics. 5. Theory iwid Practice of Medicine. 6. Pathology. 
 7. Surgery. 8. Obstetrics and Gynecology. 9. Hygiene. 10. Medi¬ 
 cal Jurisprudence. 
 
 III. LENGTH OF REGULAR OR GRADUATING COURSES. 
 
 1. The time occupied in the regulir courses or sessions from which 
 students are graduated shall not be less than five months, or twenty 
 weeks each. 
 
22 
 
 2. Two full courses of lectures, not within one and the same year of 
 time, shall he required for graduation with the degree of Doctor of Medi¬ 
 cine. f 
 
 IV. ATTENDANCE AND EXAMINATIONS OR QUIZZES. 
 
 1. Regular attendance during the entire lecture courses shall be re¬ 
 quired, allowance being made only for absence occasioned by the stu¬ 
 dent’s sickness, such absences not to exceed twenty per centum of the 
 course. 
 
 2. Regular examinations or quizzes to be made by each lecturer or 
 professor daily, or at least twice each week. 
 
 3. Final examinations on all branches, to be conducted, when practi¬ 
 cable, by other competent examiners than the professors in each branch. 
 
 V. DISSECTIONS, CLINICS AND HOSPITAL ATTENDANCE. 
 
 1. Each student shall have dissected durin? two courses. 
 
 2. Attendance during at least two terms of clinical and hospital in¬ 
 struction shall be required. 
 
 VI. TIME OF PROFESSIONAL STUDIES 
 
 before graduation shall not be less than three full years, including the 
 time spent with a preceptor, attendance upon lectures, or at clinics and 
 hospital. 
 
 VII. INSTRUCTION. 
 
 The college must show that it has a sufficient and competent corps of 
 instructors, and the necessary facilities for teaching, dissections, clinics, 
 etc. 
 
 3. Affidavits Required: Affidavit must be made that the 
 person presenting the diploma or license is the lawful 
 possessor of the same, and that he is the person therein 
 named. The affidavit should state date and place of gradu¬ 
 ation, and name of medical college, length of practice in 
 'this state, as well as present place of residence. 
 
 4. Fee for Certificate: The fee for a certificate is fixed by 
 law at one dollar from each graduate or licentiate, to be 
 paid to the secretary; but if the diploma is found to be 
 fraudulent, or not lawfully owned by the possessor, the 
 board shall be entitled to charge and collect twenty dollars 
 from the applicant presenting such diploma. 
 
 5. Examination of Non-graduates: It is required by law 
 that all persons practicing medicine less than five years in 
 any of its departments, who are not graduates in medicine 
 or licentiates, shall be examined directly by the board, which 
 
23 
 
 is authorized to issue certificates to those passing the ex¬ 
 amination. 
 
 6. Application for Examination : The candidate for exami¬ 
 nation must fill out a blank form, which may be obtained on 
 application to the Secretary. This must be sent to the office 
 of the board, and, if approved, the candidate will be notified 
 when and where to appear for examination. 
 
 7. Fee for Examination : Candidates for examination are 
 required to pay a fee of one dollar if the certificate be 
 granted. 
 
 8. Character of Examination : Examinations may be made, 
 in whole or in part, in writing or orally; and shall be of an 
 elementary and practical character, but sufficiently strict to 
 test the qualifications of the candidate as a practitioner. 
 
 9. Examinations to he made in Propria Persona: Candi¬ 
 dates for examination must present themselves in person 
 before the board. No examination papers can be sent out 
 to individuals; and no examination can be limited to any 
 one or two special topics, or branches of study or practice. 
 The examinations will be conducted by the entire board, 
 and upon all branches usually taught in medical schools. 
 
 10. Schools of Practice in Examination : Questions relating 
 to special methods or forms of practice, or therapeutics, 
 will be referred for examination to the varions individual 
 members of the board, as may be indicated. 
 
 11. Examination in a Foreign Language: Those desiring 
 to be examined in any other but the English language may, 
 in the discretion of the board, be examined through an in¬ 
 terpreter, furnished at their own expense and approved by 
 the board. 
 
 12. Non-Graduates Must Rave Studied Three Years: Candi¬ 
 dates for examination must present evidence that they have 
 studied medicine at least three years. 
 
 13. Evidence of Moral and Professional Standing: All ap¬ 
 plicants for certificates, whether holding diplomas or not, 
 are required to furnish satisfactory evidence of good moral 
 and professional standing from reputable medical men; such 
 evidence (letters of recommendation) to be filed in the 
 
24 
 
 office of the board as part of the applicant’s professional 
 record. 
 
 14. Certificates to be Recorded in Office of County Cleric: 
 Physicians are required to have recorded , in the office of the 
 County Clerk, the certificate which may be received from the 
 state board of health; and, in case of removal to another 
 county in the state, to have the certificate recorded in that 
 county also. 
 
 15. Physicians to Register in Each County: In case a physi¬ 
 cian practices in any other county than that in which he 
 lives—he having recorded his certificate in his own county 
 —it is not required that he have his certificate recorded in 
 such other county or counties. He must, however, register 
 his name in the county or counties in which his practice ex¬ 
 tends, and make his returns of births and deaths occurring 
 in those counties to the respective county clerks. In cases 
 of professional consultation only, with resident physicians, 
 such registration is not required. 
 
 16. Ron-Resident Physicians , practicing in this State, amen - 
 able to the Law: Physicians, residents of adjoining states, who 
 practice in this state, in counties adjoining the one in which 
 they reside, are required to take out certificates of practice, 
 as required of residents of this state. They must record 
 the same in the office of the county clerk of the county or 
 counties in which their practice extends; make returns of 
 births and deaths in those counties to the County Clerks, 
 and in every respect conform to all the requirements of the 
 law incumbent upon residents of this state. 
 
 17. Certificates to Exempt Graduates: Certificates of 
 graduation will be issued, upon payment of the usual fee, to 
 graduates who have practiced medicine five or more years 
 in this state, without their being required to send diploma 
 to the board for verification, upon their making an affidavit 
 to that effect, at the same time giving name of college, place 
 and date of graduation. Experience has shown the utility 
 of such a step, in legal questions arising in practice, as well 
 as in many matters involving the professional status of the 
 practitioner. 
 
25 
 
 18. Certificates to Exempt Non-Graduates : Certificates will* 
 when desired, be issued to non-graduates of five or more 
 years practice in this state, on affidavit of such practice, sup¬ 
 ported by evidence of good standing in a medical society, 
 or the recommendation of reputable professional or other 
 men, who have known them during their term of practice. 
 
 Such certificates differ from those granted to graduates* 
 and are issued in the discretion of the board. 
 
 19. What Constitutes u Five Years’ Practice: It is not re¬ 
 quired that the five years of practice in this state shall be 
 consecutive years; but the sum total of practice in this state 
 must amount to five years before July 2, 1883. No allow¬ 
 ance is made for the time spent in practice in any other 
 state, or in service in the army or navy. 
 
 20. Change of Location: It is important that when a 
 change of location is made, it be promptly reported to the 
 board. Unless this is done, the Official Register will neces¬ 
 sarily be incorrect. 
 
 21. Professional Acts Illegal Prior to Record of Certificate: 
 No one belonging to the second class, as defined in the be¬ 
 ginning of this section, has a right to practice until the cer¬ 
 tificate of the board is placed upon record in the county in 
 which the individual lives. All professional acts, prior to 
 this being done, are illegal, and render the delinquent liable 
 to prosecution. 
 
 22. What constitutes u Practicing Medicine ,J under the Stat¬ 
 ute : Any one shall be regarded as practicing medicine who 
 shall profess, publicly, to be a physician and to prescribe 
 for the sick, or who shall append to his name the letters 
 “ M. D.but nothing in this act shall be construed to pro¬ 
 hibit students from prescribing under the supervision of a 
 preceptor, or to prohibit gratuitous services in case of emer¬ 
 gency ; and this act shall not apply to commissioned sur¬ 
 geons of U. S. army, navy and marine hospital service. 
 
 23. Gratuitous Practice does not Exempt from the Law : If 
 a person “practices medicine v as defined by the statute, 
 without complying with the law, it is wholly immaterial 
 whether he charges for his services or not. He is guilty of 
 
26 
 
 a violation of the law, and liable to prosecution. This, how¬ 
 ever, does not apply to gratuitous services rendered in a 
 cases of emergency by a non-qualified person. 
 
 24. Midwives are Required by Law: 1. To register their 
 names in the offices of the County Clerks in the counties 
 where they reside. 
 
 2. To obtain certificates from the state board of health 
 entitling them to practice their art: Provided, That they 
 have not practiced the same for a period of at least five 
 years prior to July 2, 1883. 
 
 Certificates entitling to practice are obtainable in the 
 same manner as those for the practice of medicine and sur¬ 
 gery, i. e ., either by the presentation of *‘a diploma or license 
 from a legally-chartered medical institution in good stand¬ 
 ing,” with the necessary affidavit, letters of recommendation 
 nmd fee of one dollar, or by undergoing an examination by 
 the board in the usual branches. 
 
 25. Revocation of Certificates : Sec. 8 of the Medical Prac¬ 
 tice Act recites that ‘‘the state board of health may refuse 
 certificates to individuals guilty of unprofessional or dishon¬ 
 orable conduct, and they may revoke certificates for like 
 causes, after giving the accused an opportunity to be heard 
 in his defence before the board.” 
 
 As to the duties and responsibilities of the Board under 
 this section, the question has been before the courts in our 
 sister state of Illinois, where a similar law prevails, and the 
 Hon. E. S. Williams, in a decision rendered at the October,' 
 1878, term of the circuit court of Cook county ( Nathan J. 
 Aiken vs. State Board of Health), says “ the board is con¬ 
 stituted, among other things, to have charge of medical prac¬ 
 tice and medical practitioners within the state, and it 
 is its right and duty to have surveillance of the professional 
 conduct of physicians by the language of the act of incor¬ 
 poration. Any person guilty of unprofessional conduct may 
 be by it refused certificates, and any personshaving certifi¬ 
 cates who were guilty of unprofessional conduct may have 
 their certificates revoked by the board. The object of the 
 
27 
 
 incorporation of the board is, among other things, to secure 
 -•a higher professional standard in the medical profession. 
 It is to exclude empirics and empiricism from the profession. 
 The duties of the board are various, and the interests in¬ 
 trusted to its keeping affect all classes of the community, 
 and affect them in the most vital points. The character of 
 its duties is in part set forth in the second section of the act 
 creating the board. “ The state board of health shall have 
 the general supervision of the interests of the health and life 
 of the citizens of the state. They shall have charge of all 
 matters pertaining to quarantine, and shall have authority to 
 make such rules and regulations, and such sanitary investiga¬ 
 tions as they may from time to time deem necessary for the 
 preservation or improvement of public health,” and all police 
 officers, sheriffs and other employes of the state are required 
 to enforce its rules and regulations so far as the efficiency of 
 the board may depend on their co-operation. Such a board 
 must, from the necessity of the case, be vested with a large 
 discretion. And, in the legitimate exercise of its discretion, 
 it ought not to be, and cannot be, properly controlled by judi¬ 
 cial tribunals. The duties of the board, with reference to the 
 sanitary condition of the people, bring it into such relations 
 to the medical profession as to tit it to determine the neces¬ 
 sary qualifications of its members, and to judge of the pro¬ 
 priety or impropriety of their professional deportment. The 
 law has devolved this and similar duties upon the board, and 
 it has created no other corporation in the state for a like pur¬ 
 pose, nor has it given to any state officer supervision over 
 the board in the discharge of its aj^propriate duties and the 
 exercise of its legitimate discretions. A physician may be 
 guilty of unprofessional and dishonorable conduct, and not of 
 criminal conduct. It would have been a work of superero¬ 
 gation in the law-makers to have vested the board of health 
 with the supervision of the unprofessional conduct of the 
 medical practitioner, if unprofessional conduct and criminal 
 •conduct were synonymous. As a citizen, the physician is, 
 
28 
 
 with every other citizen, answerable to the criminal laws, and 
 as an alleged criminal is liable to be arraigned before our 
 courts. It is only as a physician that he is liable to have his 
 professional conduct inquired into and brought before the 
 state board of health. The term “• unprofessional ” is there¬ 
 fore far wider than criminal. Many acts would be unprofes¬ 
 sional that were not criminal; some acts that were criminal 
 might not be esteemed unprofessional. What is professional 
 conduct can only be determined by bringing the act to the 
 professional criterion, and who so well qualified to judge of 
 the proper professional criterion for the medical profession as 
 a board constituted as the bill shows this board to be, of seven 
 gentlemen, five of whom are physicians, and a board created 
 for sanitary purposes, and accustomed to sanitary investiga¬ 
 tion? The “unprofessional” conduct which authorizes the 
 board to exclude a physician from the profession does not, 
 therefore, mean, necessarily,, criminal or immoral acts, but 
 such conduct as is inconsistent with the honorable practice of 
 the profession: and in judging of such conduct, the board of 
 health has a wide discretion, and in its exercise courts ought 
 not to interfere with it.” 
 
 It may be added that, in the test case above cited and 
 which was carried up, on appeal from Judge Williams’ deci¬ 
 sion, the courts have refused to interfere with the board’s 
 exercise of that discretion. 
 
 WHAT CONSTITUTES UNPROFESSIONAL OR DISHONORABLE 
 
 CONDUCT: 
 
 The state board shall define: The legislature has constituted this board, 
 and has slid that it shall be vested with the power to determine what is 
 unprofessional and what is dishonorable conduct in a physician. * * 
 
 Is't unprofessional in a physician, by falsely advertising as to his skill,, 
 to impose upon the weakness, the credulity, the ignorance of the peo¬ 
 ple? Is it unprofessional to publish that he is a specialist in a’l chronic 
 diseases; to pretend to a universal knowledge of all diseases? Is it pro¬ 
 fessional to thus profess what every intelligent man knows is impossi¬ 
 ble? Is it professional to solicit correspondence? Is fraud professional, 
 or fraudulent pretenses? 
 
29 
 
 Whether these things are or are not professional, is left by law to the 
 state board to decide; and there ought to be but little, if any doubt, as to 
 what they would decide. 
 
 Aikin vs. State Board of Health , Argument on Appeal. 
 
 We observe that the Illinois state hoard has, by formal 
 resolution, held: 
 
 1. By Advertisement or Publication , Resolved, That in 
 response to the following written inquiry made to the board 
 by R. W. McAfee, general agent of the western society for 
 the suppression of vice, “ Is it professional for a physician to 
 advertise or promiscuously to distribute or circulate ‘ mar¬ 
 riage guides,’ ‘ secret monitors,’ pamphlets or circulars, 
 describing or illustrating, by means of pictures, venereal 
 diseases; or to advertise, directly or indirectly, or even im¬ 
 pliedly, nostrums or medicines for preventing conception or 
 for procuring abortion ? the board decides that each and all 
 of the above described acts are grossly unprofessional. 
 
 Adopted February 19, 1880. 
 
 2. By Fraudulent or Deceptive Transaction , Resolved , 
 That any fraudulent or deceptive professional transaction 
 shall be deemed, in the sense of this board, unprofessional 
 and dishonorable conduct. 
 
 Resolved , That any medical man who practices medicine 
 under two names, or any other name than his true name, 
 shall be considered guilty of unprofessional and dishonorable 
 eonduct. 
 
 Resolved , That any advertisement, hand bill or means of 
 attracting public attention or securing patronage, which shall 
 be deceptive or convey to the public any false or fraudulent 
 information, shall be considered unprofessional and dishon¬ 
 orable. 
 
 Adopted February 19, 1880. 
 
 We doubt not such would be the unanimous decision of 
 this board, and that in due time these, with other nefarious 
 practices perpetrated in the name of our profession, will be 
 formally condemned by it. 
 
30 
 
 PROSECUTIONS UNDER THE MEDICAL PRACTICE 
 
 ACT. 
 
 1. We doubt not tlie impression will prevail that it is the 
 sole duty of the state board of health to prosecute for viola¬ 
 tions and infractions of the law. Such is not the case. It i& 
 incumbent on every good citizen , who knows of its violation, 
 to give the information, and of the County Attorneys of the 
 several counties to conduct such prosecutions. 
 
 2. foundation for the Prosecution may be laid by any 
 one: Any person who has a knowledge of the facts may 
 make complaint before the grand jury, or furnish to the 
 county’s attorney the necessary facts upon which he can file 
 information before a justice of the peace. 
 
 3. Form of Complaint to be Made: 
 
 State of Missouri, ) 
 
 .County. ) SS ’ 
 
 The complaint and information of.of 
 
 .in said county, made before. 
 
 .Esquire, one of the justices of the peace for said 
 
 county, on the.day of.188.., who, being 
 
 duly sworn, upon his oath says, that.at 
 
 and within said.county, to-wit: on the. 
 
 day of.A. D. 188.., practiced medicine. 
 
 .without then and there possessing the qualifications- 
 
 prescribed in the certain act of the general assembly of the 
 state of Missouri, entitled, “ An act to regulate the practice 
 of medicine and surgery in the state of Missouri.” Ap¬ 
 proved April 2d, 1883, and without then and there having 
 complied with the provisions of that act; that is to say, the 
 
 said.did then and there so practice 
 
 medicine without then and there having an unrevoked cer¬ 
 tificate of the genuineness of his diploma as a graduate in 
 medicine from the state board of health of the state of Mis¬ 
 souri; and without then and there having an unrevoked cer¬ 
 tificate from the state board of health, authorizing him to 
 
31 
 
 practice medicine or surgery in the state of Missouri; and 
 that he was not then and there a commissioned surgeon of 
 the United States army or navy, or marine hospital service^ 
 and had not been practicing five years within the state of 
 Missouri prior to the second day of July, 1883, contrary to the 
 form of the statute in such cases made and provided. 
 
 That this complainant has just and reasonable grounds to 
 
 believe, and does believe, that the said. 
 
 has committed said offense, and, therefore, prays that he may 
 be arrested and dealt with according to law. 
 
 Subscribed and sworn to before me this.day of.... 
 
 .A. D. 188.. 
 
 .Justice of the Peace. 
 
 ORGANIZATION OF COUNTY AND CITY BOARDS. 
 
 At the meeting of the board’, held at Jefferson City, July 
 13th, 1883, the following, among other proceedings, were 
 had, to-wit : 
 
 Resolved, That this board recommend to all cities having 
 municipal organizations, the formation of local boards of 
 health, to be composed of not less than five persons, two of 
 whom shall be reputable physicians; and also to the county 
 courts of the different counties, the formation of county 
 boards of health, to be composed of a like number, and 
 report the organization of such boards and the names of such 
 to the secretary of the state board prior to their regular 
 January meeting, which will be held in Jefferson, January 
 the 8th, 1884. 
 
 FURNISHING BLANKS. 
 
 INFORMATION FOR COUNTY CLERKS. 
 
 We trust there will be no conflict between the board and 
 County Courts of the various counties as to whose duty it is 
 to furnish the printed forms to be used or distributed by the 
 County Clerks. 
 
32 
 
 While it is the province and is made the duty of the Board 
 to prescribe the forms, and of the Secretary to furnish such 
 forms to the clerk, it is clearly the duty of the Counties’ to 
 have printed, and provide such blanks as the clerks may need. 
 Such is the spirit and meaning if not the letter of the law. 
 The record of the births and deaths in a County is of suffi¬ 
 cient importance and value to the County to justify the com¬ 
 parative small expense attendant upon printing the blanks, 
 and, as a matter of general information, might with pro¬ 
 priety be ordered by the County Court without any special 
 law on the subject. Let the courts second our efforts, and 
 not throw obstacles in our way. 
 

 
 /