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9465e. How license revoked.

The.State Board of Health may revoke or suspend the license of any dentist for any of the following causes: (1) Conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction, or certified copy thereof, certified by the clerk of the court, or the judge in whose court the conviction is had, shall be sufficient evidence. (2) For unprofessional conduct, gross ignorance, or incompetency in his profession. Unprofessional conduct shall mean the employment of what are known as cappers, or steerers, to obtain business; the obtaining of any fee by fraud or misrepresentation; willfully betraying professional secrets; employing directly or indirectly any student or suspended or unlicensed dentist to perform operations of any kind, or to treat lesions of the human teeth or jaws, or correct malimposed formations thereof, except as provided in Section 16; the advertisement of dental business or treatment or devices in which untruthful, improbable, or impossible statements are made; or habitual intemperance or gross immorality.

History.-Laws 1905, H. R. 60, sec. 19; in force July 1.

9465f. Complaint must be made in writing-Hearing.

The proceedings to revoke or suspend any license under the first sub-division of Section 19 must be had by the Board on the receipt of a certified copy of the record of conviction. All accusations must be in writing, verified by some party familiar with the facts therein charged, and three copies thereof must be filed with the secretary of the said dental secretaries. Upon receiving the accusations and upon recommendation of the Board of Dental Secretaries, the State Board of Health, if it deem the charges sufficient, may make an order setting the same for hearing, and requiring the accused to appear and answer at a specified time and place, and the secretary of said dental secretaries shall cause a copy of the order and of the accusation to be served upon the accused at least ten days before the day appointed in the order, to answer the charges and make his defense. thereto, unless for sufficient cause the State Board of Health assign another day for that purpose. If he do not appear the Board may proceed and determine the accusation in his absence. If the accused plead guilty or refuse to answer charges, or upon a hearing thereof the Board shall find them or any of them to be true it may proceed to a judgment revoking or suspending the license of the accused. The Board and the accused may have the benefit of counsel, and the Board shall have power to administer oaths, and take the depositions of witnesses in a manner provided by law in civil cases. Upon the revocation of any license the fact shall be noted upon the records of the Board of Health and dental secretaries thereof, and the license shall be marked as cancelled, upon the date of its revocation. History.-Laws 1905, H. R. 60, sec. 20; in force July 1.

9465g. Annual report of board of secretaries.

The said dental secretaries shall make an annual report of their proceedings to the State Board of Health by the first of December of each year, together with an account of all moneys received and paid out or into the State Treasury by them, pursuant to this act.

History.-Laws 1905, H. R. 60, sec. 21; in force July 1.

9465h. Three secretaries a quorum.

Three of said dental secretaries shall constitute a quorum for the transaction of business at any meeting thereof. History.-Laws 1905, H. R. 60, sec. 22; in force July 1.

9466. How to procure a certificate.

Any person holding a diploma from a school or college of osteopathy in good standing as defined in Section 9467 of Cobbey's Annotated Statutes for 1903 shall upon presenting such diploma to the State Board of Health and satisfying such board by affidavit that he or she is the legal holder thereof and passing an examination before said board in any or all of the following named subjects to-wit: Anatomy, Physiology, Physiological Chemistry, Toxicology, Histology, Hygiene, Pathology, Symptomatology, Physical Diagnosis, Obstetrics, Gynecology, Surgery, Practice and Principles of Osteopathy and Osteopathic, Therapeutics, Medical Jurisprudence be granted by said board a certificate permitting such persons to practice Osteopathy in the State of Nebraska upon payment to said board of a fee of Twenty-five Dollars ($25.00) and presenting evidence of a good moral character which certificate shall be recorded by the County Clerk of the County in which the holder desires to practice, for which said County Clerk shall receive a fee of One Dollar ($1.00).

History.-Amended 1905, S. F. 200; in force July 1.

1. The state board can not require an osteopath to pass an examination on the practice of medicine as a condition of permitting him to practice osteopathy. Opinions Atty. Genl. 1902-3, 134.

9467. Term "schcol or college of osteopathy" defined."

A iegally chartered Osteopathic school or college requiring before admission. to its course of study a preliminary examination in all the common branches and Latin; it shall further require as requisite for granting the degree of diplomat or doctor of Osteopathy an actual attendance at such Osteopathic School or College of at least twenty months or for four terms of five months each and after the year 1906 at least twenty-seven months or three terms of nine months each. Its course of study to include Anatomy, Physiology, Physiological Chemistry, Toxicology, Histology, Hygiene, Pathology, Symptomatology, Physical Diagnosis, Obstetrics, Gynecology, Medical Jurisprudence, Osteopathic Therapeutics and Theory and practice of Osteopathy and especially requiring Clinical Instruction in the Principles and Practice of Osteopathy, of not less than four hours per week in the last year of its course, and having a full faculty of Professors to teach the studies of its course. The foregoing requirements shall be regularly published in each prospectus or catalogue of such Osteopathic School or College. History. Amended 1905, S. F. 200, sec. 2; in force July 1.

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Secs. 9522 to 9530. An act to create a state registrar of vital statistics, and to provide for the appointment of local registrars, for compensation of local registrars, to be paid out of the county funds, for the registration of births and deaths, and for the payment out of the funds appropriated for the state board of health of the expenses incurred in keeping vital statistics. Wilson's vital statistics bill. 1905, H. R. 77; in force July 1.

9522. Registration of births and deaths.

For the complete and proper registration of births and deaths, for lawful sanitary and statistical purposes, as hereinafter fully set forth, the State Board of Health is hereby constituted a state registrar of vital statistics, hereinafter referred to as state registrar, and it shall be the duty of said state registrar to promulgate and enforce all necessary rules and regulations that may be required to carry out the purposes of this act.

History.-Laws 1905, H. R. 77, sec. 1; in force July 1.

9523. City registrar of vital statistics-Duties.

There shall be a local registrar of vital statistics for every incorporated city, town or village within the state, hereinafter called local registrars. Local registrars shall be: In cities of the metropolitan class, the health commissioner; in cities of the first class, the city physician or city clerk, as may be designated by the state registrar; in cities of the second class and villages the state registrar shall appoint, as local registrars, some member of the city or village board of health, the city or village clerk, a justice of the peace, or some other proper person. In addition, the state registrar shall, as it may deem it necessary, also appoint proper persons as sub-registrars at convenient points in the unincorporated territory, who shall report as hereinafter provided to the most convenient local registrar, as designated by the state registrar in his appointment. Each local registrar shall at once upon his appointment name a deputy, subject to the approval of the state registrar, who shall act with full power as local registrar during his absence, illness or other disqualification. All local registrars and sub-registrars shall hold office for a term of two years, or until their successors are chosen, unless sooner removed by the state registrar. The state registrar shall, in the appointment of local and sub-registrars, designate the territory within which such local or sub-registrars are to act, which territory shall be called a registrar's district, and said state registrar may, from time to time, enlarge or in any other way change any or all of said districts, as it may seem expedient.

History.-Laws 1905, H. R. 77, sec. 2; in force July 1.

9524. Death certificate-Burial permit.

The undertaker or person in charge of the funeral of any person dying in the state of Nebraska, shall cause a certificate of death to be filled out with all the personal particulars contained in the standard blank adopted by the United States Census Bureau, including a statement of the cause of death, made by a person holding a valid license as provided in Section VII, Article I, Chapter 55 of the Compiled Statutes of the State of Nebraska for 1903 [9422], and who was last in attendance upon the deceased; or, in his absence or default, by the local health officer or coroner. Said certificate shall show clearly the course of disease or sequence of causes ending in death, and when completed, it shall be filed with. the local registrar or sub-registrar before the body is interred, deposited in a vault, or otherwise disposed of or removed from the locality in which the death. occurred. On receipt of a certificate of death, properly and completely filled out, the local registrar or sub-registrar shall issue a burial or removal permit, and no sexton or superintendent of cemeteries shall allow the interment of a body without first receiving such burial permit; and no agent of any railroad or other trans

portation company shall allow the shipment of a body without the local or subregistrar's removal permit, and a copy of the death certificate. All certificates stated in terms that are indefinite, insufficient or unsatisfactory for classification, shall be returned to the person making the same for correction or completion. All burial or removal permits shall be countersigned and dated by the sexton of cemeteries, and agents of transportation companies, when received, and shall be returned within ten (10) days to the local or sub-registrar by whom they were issued.

Provided, that a removal permit issued in accordance with the law of the place where the death occurred, may be accepted by the local or sub-registrar of the place where the body is to be interred or otherwise disposed of, as a basis upon which he shall issue a burial permit, and in his return to the state registrar the place of death shall be plainly stated. Provided, further, that in cases of death when no person licensed as provided in Section VII, Article I, Chapter 55 of the Compiled Statutes of the State of Nebraska for 1903 [9422], was in attendance, the undertaker or local or sub-registrar shall refer the case to the health officer for a death certificate; but if the circumstances show it possible that death was caused by neglect, violence or any unlawful means, the case shall be referred to the coroner for investigation and certification, and he shall state the cause of death as ascertained, whether from violence, accident, suicide or homicide, giving, if possible, the means or instrument which produced death, for the purposes of classification.

History.-Laws 1905, H. R. 77, sec. 3; in force July 1.

9525. Birth certificate-How filed.

A certificate of the standard form, adopted by the United States Census Bureau, shall be made out by the physician or other person attending the birth of every child born in Nebraska, or in default of such person, by the parent, householder, superintendent of an institution, or other responsible person, and filed with the local or sub-registrar within three days from and after such birth. In case the child is not named, the local or sub-registrar shall deliver to the person filing the certificate, a supplemental blank for report of the given name, to be filled out and returned as soon as the child shall be named. History.-Laws 1905, H. R. 77, sec. 4; in force July 1.

9526. Child born dead-How reported.

In case a child is born dead, both birth and death shall be reported, as provided in Sections III and IV of this act, and the month of utero-gestation shall be stated as nearly as possible by the attendant. If the attendant is not a person in possession of a license issued by the State Board of Health, as provided in Section VII, Article I, Chapter 55 of the Compiled Statutes of 1903 [9422]. He shall not sign the death certificate; but such deaths shall be deaths without medical attendance and referred to the health officer or coroner for certification as provided in Section III of this act [9524].

History-Laws 1905, H. R. 77, sec. 5; in force July 1.

9527. Sub-registrars and registrars' duties.

Sub-registrars shall deliver all certificates of births and deaths filed with them during each month to the local registrar to whom they are directed to report, on or before the third day of the following month. Local registrars shall, on the fifth day of each month, deliver to the state registrar the original certificates filed with them and those delivered to them by the sub-registrars during the preceding month, and inc...de a statement card showing the number returned by each sub-registrar, and also a statement that no unregistered births or deaths

have occurred within their respective districts. In case no birth or death has occurred, then the local registrar shall so report on a card provided for that purpose. Provided, that in cities of the metropolitan and first classes, the local registrar may forward duplicate certificates in place of the originals. History.-Laws 1905, H. R. 77, sec. 6; in force July 1.

9528. Blanks supplied by registrar-Fees.

The state registrar shall supply all necessary blanks, forms and instructions to the local registrars, and through them, to physicians, undertakers and subregistrars from time to time, as needed for the effective execution of the law. The state registrar shall quarterly certify to the board of commissioners or supervisors of each county the number of certificates of births and deaths received from each local registrar and sub-registrar in the county; for each of which certificates, when properly and completely made out and transmitted to the state registrar, the local registrar shall be entitled to the sum of twenty-five cents (25c) to be paid out of the county funds, provided, that for each certificate originally filed with a sub-registrar and by him properly transmitted, the sub-registrar shall be entitled to a fee of ten (10) cents, and the local registrar to a fee of fifteen (15) cents. Each report of "No births" or "No deaths" shall be included in the warrant for payment as one certificate. Provided, further, that local registrars in cities of the metropolitan and first classes shall receive no further compensation for duties performed under this act.

History.-Laws 1905, H. R. 77, sec. 7; in force July 1.

9529. Record kept by registrar-Copies of.

The state registrar shall arrange to permanently preserve and index all certificates received and shall, upon request, furnish any applicant with a certified copy of any certificate of birth or death, for which copy said state registrar shall be entitled to a fee of fifty (50) cents, to be paid by the applicant, and for any search of the records and files, when no certified copy is made, the state registrar shall be entitled to a fee of fifty (50) cents for each hour or fraction thereof of the time of search, to be paid by the person asking for such information. A strict account shall be kept of all funds received, and the same shall be turned over to the state treasurer quarterly. Provided, that the state registrar may employ such clerical force as may be needed for the purposes set out in this act, the expenses incurred by the state registrar in obtaining and preserving vital statistics, and performing its duties as herein provided, shall be paid out of the funds appropriated for the State Board of Health.

History-Laws 1905, H. R. 77, sec. 8; in force July 1.

9530. Penalty for violation of act.

Any undertaker, person acting as undertaker, physician, local registrar, subregistrar, sexton or agent of any transportation company, or other person violating the provisions of this act, or failing properly to register a birth or death as herein required, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or be imprisoned for not more than sixty (60) days, or be subject to both fine and imprisonment at the discretion of the Court. It shall be the duty of the state registrar to enforce the uniform and efficient execution of this act throughout the state, and it shall be the duty of the prosecuting attorney in each county, upon the complaint of any local registrar, sub-registrar or the state registrar, to aid in the enforcement of this act.

History-Laws 1905, H. R. 77, sec. 9; in force July 1.

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