It is not necessary that an institution should be wholly charitable to fall within the provisions of the Constitution (article 8, §§ 11-15) and the statutes (Laws 1895, chapters 754, 771) placing charitable institutions under the supervision and rules of the State Board of Charities. It is enough if the institution is partly charitable in its character and purpose. Court of Appeals, October, 1897, People ex rel. New York Institution for the Blind v. Fitch, 154 N. Y. 14. (Sections 19 to 27 added by chapter 368 of the Laws of 1899.) § 19. What is a dispensary?-For the purposes of this act, a dispensary is declared to be any person, corporation, institution, association, or agent, whose purpose it is, either independently or in connection with any other purpose, to furnish, at any place or places, to persons non-resident therein, either gratuitously or for a compensation determined without reference to the value of the thing furnished medical or surgical advice or treatment, medicine or apparatus, provided, however, that the moneys used by and for the purposes of said dispensary shall be derived wholly or in part from trust funds, public moneys, or sources other than the individuals constituting said dispensary and the persons actually engaged in the distribution of charities of said dispensary. § 20. Licensing of dispensaries by the state board of charities. -A license may be issued by the state board of charities to a dispensary, as provided in this section. An application in writing for such license shall be made to such board in the form and manner prescribed by it, which shall be uniform for all schools of medicine. There shall be attached to such application a statement, verified by the oath of the applicant, containing such facts as the board may require. If, in the judgment of such board, the statement filed, and other evidence submitted in relation to such application, indicate that the operations of such dispensary will be for the public benefit, a license shall be issued to the dispensary applying therefor. The form of such license shall be prescribed by the board. A dispensary shall not enter upon the execution, or continue the prosecution of its purpose unless licensed by the state board of charities, as provided in this act. A license shall be issued, on application, to all dispensaries legally incorporated, and to unincorporated dispensaries conducted in connection with incorporated institutions at the time of the passage of this act. 8 21. Rules and regulations.-The state board of charities shall make rules and regulations, and alter or amend the same, in accordance with which all dispensaries shall furnish and applicants obtain medical or surgical relief, advice or treatment, medicine or apparatus. But such rules and regulations shall not in any case specify the particular school of medicine in accordance with which a dispensary shall manage or conduct its work or determine the kind of medical or surgical treatment to be provided by any dispensary. § 22. Revocation of licenses. The state board of charities or any of its members may at any and all times visit and inspect licensed dispensaries. They may examine all matters in relation to such diepensaries, and ascertain how far they are conducted in compliance with this law and the rules and regulations of the board. After due notice to a dispensary, and opportunity for it to be heard, the board may, if public interest demands, and for just and reasonable cause, revoke a license by an order signed and attested by the president and secretary of the board. Such order shall state the reason for revoking such license, and shall take effect within such time after the service thereof upon the dispensary as the board shall determine. The said board is hereby directed to apply to the supreme court to revoke the license and annul the incorporation of any dispensary legally incorporated, or conducted in connection with an incorporated institution at the time of the passage of this act, for wilful violation of the rules and regulations made by said board. $ 23. Drug store or tenement house not to be used by dispensary; unlawful display of signs. After the taking effect of this act, no dispensary shall make use of any place. commonly known as a drug store, or any place or building defined by law or by an ordinance of the board of health as a tenement house; nor after such time shall any person, corporation, institution, society, association, or agent thereof, except a duly licensed dispensary, display or cause to be displayed a sign or other thing which could directly or indirectly or by suggestion indicate the existence of the equivalent, in purpose and effect, of a dispensary. $24. Any person who wilfully violates any of the provisions of this act, or any of the rules and regulations made and published under the authority of this act, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars. 25. Any person who obtains medical or surgical treatment on false representation from any dispensary licensed under the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars. § 26. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ARTICLE II. STATE CHARITIES AID ASSOCIATION. Section 30. Visits by the state charities aid association. 31. Duties of officers in charge of institutions; enforcement of orders. 32. Annual reports. Section 30. Visits by the state charities aid association.Any justice of the supreme court, on written application of the state charities aid association, through its president or other officer designated by its board of managers, may grant to such person as may be named in such application, orders to enable such persons, or any of them, as visitors of such association to visit, inspect and examine, in behalf of such association any of the public charitable institutions and state hospitals for the insane owned by the state, and the county, town and city poorhouses and almhouses within the state. The persons so appointed to visit, inspect and examine such institutions shall reside in the counties from which such institutions receive their inmates, and such appointments shall be made by a justice of the supreme court of the judicial district in which such visitors reside. Each order shall specify the institntion to be visited, inspected and examined and the name of each person by whom such visitation, inspection and examination shall be made, and shall be in force for one year from the date on which it shall have been granted, unless sooner revoked. 31. Duties of officers in charge of institutions; enforcement of orders.-All persons in charge of any such institution shall admit each person named in any such order into every part of such institution, and render such person every possible facility to enable him to make in a thorough manner such visits, inspection and examination, which are hereby declared to be for a public purpose, and to be made with a view to public benefit. Obedience to the orders herein authorized shall be enforced in the same manner as obedience is enforced to an order or mandate by a court of record. 32. Annual reports.-Such association shall make an annual report to the state board of charities upon matters relating to the institutions subject to the visitation of such board; and to the state commission in lunacy upon matters relating to the institutions subject to the inspection and control of such commission. Such reports shall be made on or before the first day of November for each preceding fiscal year. ARTICLE III. REGULATION OF STATE CHARITABLE INSTITUTIONS AND REPORTS TO AND ACCOUNTS AGAINST MUNICIPALITIES Section 40. Fiscal supervisor of state charities. 41. Office and clerical force of fiscal supervisor.. 42. Powers and duties of fiscal supervisor. 43. Removals by governor. 44. Fiscal year. 45. Monthly estimates of expenses; contingent fund. 46. Monthly statement of receipts and expenditures. 47. Affidavit of steward; vouchers. 48. Purchases. 49. Plans and specifications; contracts. 50. Visitations and reports by managers or trustees. 52. Reports by officers of certain institutions to clerks of 53. Verified accounts against counties, cities and towns. Section 40. Fiscal supervisor of state charities.-The office of fiscal supervisor of state charities is hereby created. On or before April fifteenth, nineteen hundred and two, the governor shall appoint, by and with the advice and consent of the senate, a fiscal supervisor of state charities. A successor to such supervisor shall be appointed in like manner. The term of office of the fiscal supervisor of state charities shall be five years, and he shall be paid by the state an annual salary of six thousand dollars, and his actual and necessary expenses. If a vacancy shall occur, otherwise than by expiration of term, in the office of fiscal supervisor of state charities, a fiscal supervisor of state charities shall be appointed in the manner provided by this section for the unexpired term of his predecessor. (Added by chapter 252 of the Laws of 1902.) § 41. Office and clerical force of fiscal supervisor. The fiscal supervisor of state charities shall be provided by the proper authorities with a suitably furnished office in the state capitol. He may employ a secretary, a stenographer and such other employes as may be needed. The salaries and reasonable expenses of the fiscal supervisor and the necessary clerical assistants shall be paid by the treasurer of the state, on the warrant of the comptroller, out of any moneys appropriated therefor. (Added by chapter 252 of the Laws of 1902.) § 42. Powers and duties of fiscal supervisor. The fiscal supervisor shall, as to the state charitable institutions, the New York state school for the blind and the Elmira reformatory; 1. Visit each of such institutions at least twice in each cal endar year. 2. Examine into the condition of all buildings, grounds and other property connected with any such institution, and into all matters relating to its financial management, and for such purpose he shall have free access to the grounds, buildings, and all books, papers, property and supplies of any such institution; and all persons connected with any such institution shall give such information and afford such facilities for such examination or inquiry as the supervisor may require. |