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itation of the parties, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
Forcing woman against her will to marry is a felony and conviction thereof operates as a divorce, sec. 6444.
2356. When not to be judged a nullity-Insanity-Cohabitation after disability removed.
SEC. 20. In no case shall a marriage be adjudged a nullity, on the ground that one of the parties was under the age of legal consent, if it shall appear that the parties, after they attained such age, had, for any time, freely cohabited together as husband and wife, nor shall the marriage of any insane person be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.
See Fitzpatrick v. Fitzpatrick, under sec. 2 of this act.
2357. Actions for annulment.
SEC. 21. When a marriage is supposed to be void, or the validity thereof is disputed, for any of the causes mentioned in the two preceding sections, either party may file a complaint in the probate court of the county where the parties or one of them, resided, for annulling the same; and such complaint shall be filed, and proceedings shall be had thereon, as in the case of proceedings in said court for a divorce, and upon due proof of the nullity of the marriage, it shall be adjudged null and void.
NOTE-The probate court as it existed under territorial law was abolished by the constitution and its jurisdiction conferred upon the district court, see secs. 316, 407, also 386. Remainder of act, secs. 22-29, relating to divorce, will be found under that head in civil procedure, see secs. 5838-5845.
MEDICINE, SURGERY AND OBSTETRICS
An Act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith.
2358. License necessary.
Approved March 4, 1905, 87
2358. Governor to appoint examiners-Quali
fications-Term of office.
2362. To adopt rules-Administer oaths—
2366. Right of appeal to courts.
2367. Register of applicants-List to be forwarded county clerks.
2358. License necessary.
2368. Compensation and expenses of board— Salary of secretary.
2369. Certificate filed with recorder-Refusal and revocation of certificatesUnprofessional conduct definedRight of appeal.
2370. "Practice" defined-Proviso - Excep tions Sufficiency of charge in indictment for violation of act. 2371. Practicing without license, misdemeanor-Penalty- Proceedings at
2372. False impersonation, penalty for. 2373. Issuing false certificate, penalty for. 2374. Registration fee-Free to certain persons-Proviso.
SECTION 1. That it shall hereafter be unlawful for any person, or persons,
that he comes within the provisions of this act. State v. Ching Gang, 16 Nev. 62.
to practice medicine, surgery or obstetrics in this state without first obtaining a license so to do as hereinafter provided. Section 6 of a previous act on this subject (Stats. 1875, 47), which contained a provision that it shall not apply "to those who have practiced medicine or surgery in this state for a period of ten years next preceding the passage of this act," was held not in violation of Const., art 4, sec. 21 (ante, 279). Ex Parte Spinney, 10 Nev. 323.
Act cited, State v. Cons. Virginia M. Co., 16 Nev. 443.
The act of 1889, 88, relating to this subject is wholly repealed by this act, providing that it shall be unlawful for any person to practice medicine without first obtaining a license, and making no provision for a temporary license. State ex rel. Weyerhorst v. Lee, 28 Nev. 380 (82 P. 229).
Based upon the same act: To make a defense for the sale of opium by a practicing physician complete, the defendant must show 2359. Governor to appoint board of examiners-Qualifications of-Term of office.
SEC. 2. Within thirty days after this law goes into effect, it shall be the duty of the governor of the State of Nevada to appoint a state board consisting of five members, which shall be known as the board of medical examiners of the State of Nevada, and shall be reputable practicing physicians, duly licensed as such by some legally chartered medical institution in the United States, and who shall have been actually engaged in the practice of medicine in the State of Nevada, three of whom shall be selected from the school of medicine known as the regular, one from the school known as the eclectic, and one from the school known as the homeopathic. This board shall be selected without regard to their individual political beliefs, and they shall hold office for the time for which they were appointed, viz., two for four years, one for three years, one for two years, and one for one year from the date of their appointment, and shall serve until their successors are appointed and qualified. Hereafter one member shall be appointed annually for the term of four years. In the event of a vacancy occurring in said board, or absence from the state for a period of six months without permission, the governor shall appoint a person duly qualified under this act to fill the unexpired term.
SEC. 3. Each member of said board shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is a graduate in medicine, and a legally qualified practitioner of medicine in this state.
2361. Board to meet and organize-Regular and special meetings, notice of. SEC. 4. The said board shall meet in Carson City, Nevada, on the first Monday in May, 1905, and shall organize by electing from its number a president, vice-president, secretary and treasurer, who shall hold their respective positions during the pleasure of the board. Said board shall hold its regular meetings on the first Monday in May and the first Monday of November of each year, at such time and place as shall be most convenient to the said board, and due notice of all special meetings of the board shall be given by publication twice a week for each of the two weeks next preceding such meeting, in three papers published in the State of Nevada. Special meetings of the board may be held at the call of the president, and the same notice thereof shall be given as in the case of regular meetings. 2362. To adopt rules-Administer oaths-Seal-Duty of secretary.
SEC. 5. Said board may, from time to time, adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the authority to take evidence as to any matter cognizable by it. Such board shall procure a seal, and shall
receive through its secretary applications for the certificates provided to be issued under this act.
2363. Issuance of certificates-Quorum-Certificates of other boardsProviso.
SEC. 6. A majority of said board shall constitute a quorum to transact all business. All certificates issued by said board shall bear its seal and the signatures of its president and secretary, and shall authorize the person to whom it is issued to practice medicine in all its branches in this state, upon complying with the requirements of this act. Said board may, in its discretion, accept and register, upon payment of the registration fee, and without examination of the applicant, any certificate which shall have been issued to him by the medical examining board of the District of Columbia, or of any state or territory of the United States; provided, however, that the legal requirements of such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate shall be presented for registration to the board created by this act; and provided further, that the provisions in this paragraph contained shall be held to apply only to such of said medical examining boards as accept and register the certificates granted by this board without examination by them of the ones holding such certificates.
2364. Certificate must be procured-Method-Evidence-Time limitation. SEC. 7. After this law goes into effect, any person desiring to practice medicine, surgery, or obstetrics or any of the various branches of medicine in this state, shall, before beginning to practice, procure from the state board of medical examiners a certificate that such person is entitled to practice medicine, surgery, or obstetrics in this state. In order to procure such certificate the applicant shall submit to the said board his or her diploma, issued by some legally chartered medical school, the requirements of which medical school shall have been at the time of granting such diploma in no particular less than those prescribed by the association of American medical colleges for that year, and he must accompany said diploma or license with an affidavit setting forth the number and duration of terms the applicant was required to be in attendance, and that he is the lawful possessor of the same, that he is the person therein named, and that the diploma or license was procured without fraud or misrepresentation of any kind. Such application shall be accompanied by the affidavit of two freeholders, resident of the same county in which the applicant resides, stating that the applicant is the identical person named in the accompanying diploma, and that he or she is of good moral standing and reputable. In addition to such affidavit, said board may hear such further evidence as, in its discretion, it may deem proper as to any of the matters embraced in said affidavit. If it should appear from such evidence that said affidavit is untrue in any particular, or if it should appear that the applicant is not of good moral character, the application must be rejected. Said board shall retain such diploma such time as is necessary, but in no case shall said board retain such diploma to exceed two weeks. All such diplomas and affidavits shall be addressed to the secretary of the board.
2365. Applicant's qualification and examination-Fee.
SEC. 8. Applicants for certificates to practice medicine, surgery or obstetrics in the State of Nevada shall be required to present a diploma from a legally recognized college, and to pass a satisfactory examination before the state board of medical examiners as to his or her qualifications. The applicant must appear personally before the board, and the examination shall be conducted in the English language, and shall be, in whole or in part in writ
ing, and in each branch shall obtain seventy-five per cent, and shall be on the following subjects, to wit: Anatomy, physiology, materia medica, and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain, genito-urinary system. Said examination shall be fair and impartial, and the questions of such character as will determine the fitness of the applicant to practice his or her profession. When applicant applies for examination in materia medica and therapeutics and theory and practice of medicine, he shall designate in which school of medicine he desires to practice, and only the member or members of the board who belong to the school so designated shall participate in this part of the examination. Examinations shall be practical in character, and designed to discover the applicant's fitness to practice medicine and surgery. If an applicant fail in his first examination, he may, after not less than six months, be reexamined, without additional fee. If he fails in a second examination, he shall not thereafter be entitled to another examination in less than one year after the date of second examination, and shall be required to pay for such examination the full fee. The examination papers shall form a part of the records of said board, and shall be kept on file by the secretary, and said records shall be open to public inspection whenever requested after the examination; provided, that any person, who is a regular graduate from a regularly chartered college of the practice of the system of what is generally known and recognized as the drugless system, may present themselves for examination under the regulations herein before specified, and shall be required to pass an examination in all the subjects noted, with the exception of materia medica and therapeutics, and upon the passing satisfactorily of said examination by the board, shall have issued to them a license to practice the said system of drugless medicine in this state, under the same rules and regulations prescribed and required of the practitioners of other systems of medicine. Each applicant, on making application, shall pay to the secretary of the board a fee of twenty-five dollars ($25), at the same time the diploma and affidavit is filed with him, and this fee shall not be returned in the event of the applicant's failing to pass a satisfactory examination. Any person who may hereafter be granted a license to practice medicine and surgery in this state under this act, upon the grounds of reciprocity with other states and without examination, shall pay a fee of twenty-five dollars ($25) for such license. As amended, Stats. 1907, 194; 1911, 380.
2366. Right of appeal to courts.
SEC. 9. Any unsuccessful applicant shall have the right to appeal to the courts, requiring the said board to show cause why such applicant should not be permitted to practice medicine, surgery or obstetrics in the State of Nevada.
2367. Register of applicants-List to be furnished county clerks.
SEC. 10. Said board shall procure a book for the purpose of recording the names of all persons to whom it issued certificates. In this book shall be entered the names of the applicants, together with the name of the school granting the diploma, the date of the diploma, the number of terms the applicant attended school, residence of applicant, and the date of issuance of certificate. This book shall be retained by the secretary, who shall note the unsuccessful applicants, furnishing the same information as is given above. The secretary shall furnish each county clerk in this state a complete list of persons to whom certificates have been issued, after each meeting of the board. Such list shall be retained and filed by the county clerk and it shall show the name, age, and location of the holder of each certificate, together with the name of the institution conferring the degree, and the date of the issuance of certificate.
2368. Compensation and expenses of board-Salary of secretary.
SEC. 11. The members of the board shall serve without compensation, except that their actual expenses incurred while attending a regular or special meeting of the board shall be refunded; provided, that the secretary shall receive a semiannual salary of one hundred and fifty ($150) dollars for his services. All moneys received by the board shall be paid out on its order for its expenses, and the traveling expenses of the members, and if the moneys received are not sufficient to meet such expenses, then the board shall certify to the board of examiners, with accompanying vouchers, over its seal and the signatures of its president and secretary, the amount actually necessary to meet the remainder of its expenses, and upon the approval of said claim by the board of examiners the state controller shall draw his warrant upon any moneys in the general fund not otherwise appropriated, and the state treasurer shall pay the same.
2369. Certificate filed with recorder-Refusal and revocation of certificates-Unprofessional conduct defined-Right of appeal.
SEC. 12. Every person to whom the board shall issue a certificate shall present the same to the county recorder of the county in which he desires to practice, and have the same recorded, and shall pay the fee usually paid for recording such papers. The board may refuse a certificate to any applicant guilty of unprofessional conduct, and may revoke any certificate for a like cause. In all cases of refusal or revocation the party aggrieved may appeal to the courts. The words "unprofessional conduct," as used in this act, are hereby declared to mean:
First-The procuring or aiding or abetting in procuring a criminal abortion. Second-The obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured.
Third-The wilfully betraying a professional secret.
Fourth-All advertising of medical business in which grossly improbable statements are made.
Fifth-All advertising of any medicines, or of any means, whereby the monthly periods of women can be regulated, or the menses reestablished if suppressed.
Sixth-Conviction of any offense involving moral turpitude.
2370. "Practice" defined-Proviso-Exceptions-Sufficiency of charge in indictment for violation of act.
SEC. 13. For the purposes of this act the words "practice of medicine, surgery and obstetrics," shall mean to open an office for such purpose, or to announce to the public, or to any individual in any way, a desire or willingness, or readiness to treat the sick or afflicted in any county in the State of Nevada; or to investigate or diagnosticate, or to offer to investigate or diagnosticate any physical or mental ailment, or disease, of any person, or to give surgical assistance to, or to suggest, recommend, prescribe or direct for the use of any person, any drug, medicine, appliance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, or bodily injury, or deformity, after having received or with the intent of receiving therefor, either directly or indirectly, any money, gift, or any other form of compensation. It shall also be regarded as practicing medicine within the meaning of this act if any one shall use in connection with his or her name, the words or letters "Dr.," "Doctor," "Professor," "M. D.," or "Healer," or any other title, word, letter or other designation intended to imply or designate him or her as a practitioner of medicine, or surgery, or obstetrics in any of its branches; provided, that nothing in this act shall be