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Penalty for refusal to
Quarantine expenses, how paid.
1816, 44, § 6. R. S. 21, § 34.
Children to be
1855, 414, $$ 1,3.
board of health to enforce. 1809, 117, § 2.
R. S. 21, § 45.
G. S. §§ 28, 29.
P. S. 80, §§ 52,
1894, 515, §§ 3, 4.
Exemptions. 1894, 515, § 2.
Chapter extends to cities. G. S. 26, § 60.
SECTION 132. Any person belonging to or arriving in a vessel 1 on board of which any infection then is or has lately been, or is 2 suspected to have been, or which has been at or has come from a 3 port where an infectious distemper prevails which may endanger 4 the public health, who refuses to make answer on oath, to be ad- 5 ministered by any member of the board, to questions relating to 6 such infection or distemper asked by the board of health of the town 7 to which such vessel may come shall forfeit not more than two 8 hundred dollars.
Enforcement of provisions of chapter.
SECTION 133. All expenses incurred on account of any person,
G. S. 26, § 39.
26, thereof; and may provide them with the means of free vaccination. 4
Whoever, being over twenty-one years of age and not under guard- 5
120 Mass. 96.
144 Mass. 523.
SECTION 134. A parent or guardian who neglects to cause his 1 child or ward to be vaccinated before the child or ward attains the 2 age of two years, except as provided in section one hundred and 3 thirty-seven, shall forfeit five dollars for every year during which 4 such neglect continues.
factories, etc., to be vaccinated.
SECTION 136. The board of health of a city or town in which 1 any incorporated manufacturing company, almshouse, reform or 2 1855, 414, §§ 5, 6. industrial school, hospital or other establishment where the poor 3.
G. S. 26, § 30.
or sick are received, prison, jail or house of correction or any insti- 4
SECTION 135. The board of health of a city or town if, in its 1 opinion, it is necessary for the public health or safety shall require 2 and enforce the vaccination and re-vaccination of all the inhabitants 3
Children who present a certificate, signed by a regular practising physician that they are unfit subjects for vaccina- 2 tion, shall not be subject to the provisions of section six of chapter 3 forty-four or of the three preceding sections, and their parents or 4 guardians shall not be liable to the penalties imposed by section one 5 hundred and thirty-four.
SECTION 138. The provisions of this chapter shall apply to cities 1 so far as consistent with their several charters.
P. S. 80, § 106.
SECTION 139. The supreme judicial court or the superior court 1 shall have jurisdiction in equity, upon the application of the board 2
3 of health of a city or town, to enforce the orders of said board 1833, 460, §§ 1, 2.
4 relative to the public health, and the provisions of sections thirty5 six and thirty-seven of chapter one hundred and fifty-nine shall 6 apply to such cases. But a jury may be summoned under the 7 provisions of said sections if there is no sitting of the court within 8 one month after the issues have been framed.
Sect. 21. Goods packed prior to May 6, 1897, have not been specifically excepted, since it is assumed that the exception is now of little, if any, practical utility.
Sect. 22. It is understood that there has been some difficulty in enforcing this statute in view of the fact that it does not specify the person- manufacturer, wholesale or retail dealer-who shall affix the label, and does not prohibit the sale or the offering or exposing for sale of such goods which have not been labelled.
Sect. 23. This section has been drafted to make the penalties for violations of the provisions as to drugs and food uniform and to eliminate a very serious ambiguity arising from the use of the words "vendors and manufacturers" in section 6 of St. 1897, c. 344, and from the fact that by that section the violation of the provisions of the act was made a misdemeanor, but no penalty was apparently attached thereto for persons offering such goods for sale. The ambiguity arising from the use of the words "vendors and manufacturers” is whether the words are descriptive of the person or of the act done. The latter meaning has been adopted as expressing the purpose of the legislature. This revision of that portion of the chapter of the Public Statutes which relates to food and drugs, it is believed, eliminates the difficult questions which arise in determining the effect of St. 1897, c. 344 upon St. 1882, c. 263.
Sect. 45. This section has been modified by substituting a magistrate authorized to issue warrants in criminal cases for two justices of the peace in order to conform to modern usage. Police officers have been added to the officers to whom such warrants may be directed. See section 64.
Sect. 58. Attention is called to the fact that this provision is limited to ice cut in this commonwealth, and in the present condition of business it is suggested that as a police regulation it might properly be extended to all ice sold or held for sale.
Sect. 65. This section has, for the purpose of uniformity, been so extended that the penalty applies in cities as well as in towns.
Sect. 78. In order to remove any uncertainty as to the method to be employed in the collection of the betterment tax provided for in this section, it has been so changed that notice of the decision of the board shall be sent to the assessors of the city or town in order that they may include the tax in their warrant to the collector; and this also provides for the collection in the same manner of the cost of keeping the improvements in repair. Inasmuch as the rights of appeal provided for in the subsequent sections have been limited to certain periods dating from notice of the decision of the board of health, a clause has been added requiring such notice to be given to the only parties who, according to the decisions in Hall v. Staples, 166 Mass. 399 and Grace v. Newton Board of Health, 135 Mass. 490, are affected by the decision.
Sect. 83. This section provides an appeal from an award of damages to a different tribunal from the one to which an appeal is given from the decision relative to betterments and expenses. It is recommended that the remedies be made uniform by striking out this section and inserting the words in the award of damages or" after the word "decision" in line one of section 80.
Sects. 101-103. An inspector appointed by the board of health has been substituted in these sections for the inspector of animals and provisions inasmuch as by St. 1899, c. 408 authority for the appointment of the latter officer was repealed and his duties in this respect were transferred to the board of health which, in such case, ought to have authority to act by a representative.
Sect. 108. Exclusive jurisdiction under the provisions of this section has been given to the superior court instead of the supreme judicial court and the expediency of the change is submitted to the legislature.
Sect. 119. The tax commissioner has, with the approval of the state board of health and for the purpose of uniformity with similar cases, been substituted for the state board as the proper authority to apportion the expenses mentioned in this section.
Meetings. Organization. 1894, 458, § 2.
Secls. 122-126. The words "ice" and "public institution" have been inserted in these sections upon the suggestion of the state board of health. Sect. 127. St. 1884, c. 172 has been drafted to harmonize with Pub. Sts. c. 208, § 7, by including streams and reservoirs.
Sect. 128. It is suggested that animal be substituted for horse.
Sect. 132. The provisions for imprisonment on non-payment of fine has been omitted, since it is within the provisions of Pub. Sts. c. 222, §§ 15-17. The provision originated in St. 1797, c. 16, § 9, when there was no general provision for discharge of poor convicts. Sts. 1799, c. 7; 1805, c. 69. Sts. c. 145.
OF THE REGISTRATION OF PHYSICIANS, SURGEONS, PHARMACISTS AND
SECTIONS 1-9. - Registration of Physicians and Surgeons.
SECTIONS 22-27. ― Registration of Dentists.
REGISTRATION OF PHYSICIANS AND SURGEONS.
SECTION 1. There shall be a board of registration in medicine 1 consisting of seven persons, residents of this commonwealth, who 2 shall be graduates of a legally chartered medical college or univer- 3 sity having the power to confer degrees in medicine, and who shall 4 have been for ten years actively employed in the practice of their 5 profession. No member of said board shall belong to the faculty of 6 any medical college or university, and no more than three members 7 thereof shall at one time be members of any one chartered state 8 medical society. One member thereof shall annually in June be 9 appointed by the governor, with the advice and consent of the coun- 10 cil, for a term of seven years from the first day of July following.
SECTION 2. Said board shall hold regular meetings on the second 1 Tuesday of March, July and November in each year, and addi- 2 tional meetings at such times and places as it may determine. At 3 the regular meeting in July, it shall organize by the choice of a 4 chairman and secretary who shall hold their offices for the term of 5 one year. The secretary shall give a bond to the treasurer and 6 receiver general in the penal sum of five thousand dollars, with 7 sufficient sureties to be approved by the governor and council, for 8 the faithful performance of his official duties.
Examination and registra
SECTION 3. Applications for registration shall be made upon 1 blanks to be furnished by the board, and shall be signed and sworn 2 1896, 230, §§ 1-3. to by the applicants. Each applicant for registration shall furnish 3
satisfactory proof that he is twenty-one years of age or over and of 4 good moral character and, upon payment of a fee of twenty dol- 5 lars, shall be examined by said board. If he is found by four or 6 more members thereof to be twenty-one years of age or over, of good 7 moral character and qualified, he shall be registered as a qualified 8 physician and shall receive a certificate thereof signed by the chair- 9 man and secretary. An applicant who is a graduate of, and has 10 received a degree of doctor of medicine from, a legally chartered 11 medical college or university in this commonwealth which has 12 power to confer degrees in medicine shall be entitled prima facie 13
14 to registration, upon payment of the required fees. A person 15 who is refused registration shall upon request be re-examined at a 16 regular meeting of said board within two years after such refusal, 17 without the payment of an additional fee, and thereafter upon re18 quest he shall be examined upon the payment of a fee of ten 19 dollars for each examination. Said board shall, without examina20 tion or the payment of a fee, register any applicant whom 21 it finds to be of good moral character, of more than sixty years of 22 age, and a graduate of a legally chartered medical college having 23 power to confer degrees in medicine and who has been a practitioner 24 of medicine in this commonwealth for a period of ten years last pre25 ceding the first day of May in the year eighteen hundred and 26 ninety-six. Said board, after hearing, may by unanimous vote 27 revoke any certificate issued by it and cancel the registration of any 28 physician who has been convicted of a felony or of any crime in the 29 practice of his profession. All fees received by the board shall, 30 once in each month, be paid by its secretary into the treasury of 31 the commonwealth.
1 SECTION 4. Each member of the board shall receive ten dollars Compensation 2 for every day actually spent in the performance of his duties, and 1894, 458, § 5. 3 the necessary travelling expenses actually expended in attending
4 the meetings of the board, not exceeding three cents a mile each
7 wealth only from the fees paid over by the board.
1 SECTION 5. The board shall keep a record of the names of all Records. 2 persons registered hereunder, and of all money received and dis- 1894, 458, § 6. 3 bursed by it, and a duplicate thereof shall be open to inspection in 4 the office of the secretary of the commonwealth. Said board shall 5 annually, on or before the first day of January, make a report to 6 the governor of the condition of medicine and surgery in this com7 monwealth, of all its official acts during the preceding year and of 8 its receipts and disbursements.
SECTION 6. The board shall investigate all complaints of the Investigation 2 violation of the provisions of sections one to nine, inclusive, 1894, 458, § 7. 3 and report the same to the proper prosecuting officers.
SECTION 7. Examinations shall be of an elementary and practi- Examinations. 2 cal character, shall embrace the general subjects of surgery, physi- 1894, 458, § 9. 3 ology, pathology, obstetrics and practice of medicine, shall be
4 sufficiently strict to test the qualifications of the candidate as a 5 practitioner of medicine and shall be wholly or in part in writing.
1894, 458, § 10.
1 SECTION 8. Whoever, not being registered as aforesaid, adver- Penalties. 2 tises or holds himself out to the public as a physician or surgeon in 1895, 412. 3 this commonwealth, or appends to his name the letters M.D." 1896, 230, § 4. 4 or uses the title of doctor, meaning thereby a doctor of medicine, 5 or whoever practises medicine or surgery under a false or assumed 6 name, or under a name other than that by which he is registered, 7 or whoever personates another practitioner of a like or different 8 name, shall, for each offence, be punished by a fine of not less than
Board of registration in pharmacy, 1885, 313, § 1. 1896, 397, § 1. 1899, 422, § 1.
Compensation and expenses. 1885, 313, § 5. 1896, 397, § 3.
Record and annual report. 1885, 313, § 6. 1896, 397, § 4.
one hundred nor more than five hundred dollars or by imprison- 9 ment for three months, or by both such fine and imprisonment.
SECTION 9. The provisions of the eight preceding sections shall 1 not apply to commissioned officers of the United States army, navy 2 or marine hospital service, or to a physician or surgeon who is called 3 from another state to treat a particular case and who does not other- 4 wise practise in this commonwealth, nor, if they do not violate any 5 of the provisions of the preceding section, to clairvoyants, or to per- 6 sons practising hypnotism, magnetic healing, mind cure, massage 7 methods, christian science, cosmopathic or any other method of 8 healing, nor be construed to prohibit gratuitous services.
REGISTRATION OF PHARMACISTS.
SECTION 10. There shall be a board of registration in pharmacy 1 consisting of five persons, residents of the commonwealth, who 2 shall be skilled pharmacists, and shall have had ten consecutive 3 years of practical experience in the compounding and dispensing of 4 physician's prescriptions, and shall be actually engaged in the drug 5 business. Not more than one member shall have any financial 6 interest in the sale of drugs, medicines and chemicals, and the com- 7 pounding and dispensing of physician's prescriptions in the same 8 councillor district. One member of said board shall annually in 9 September be appointed by the governor, with the advice and con- 10 sent of the council, for a term of five years from the first day of 11 October following.
SECTION 11. Said board shall meet on the first Tuesday of 1 October in each year at such time and place as it may determine, 2 and shall organize by electing a president and secretary, who shall 3 be members of the board and who shall hold their offices for the 4 term of one year. The secretary shall give to the treasurer and 5 receiver general a bond with sufficient sureties, to be approved by 6 the governor and council, for the faithful performance of his official 7 duties. The board shall annually hold regular meetings on the first 8 Tuesday of January, May and October, and additional meetings at 9 such times and places as it shall determine.
SECTION 12. Each member of the board shall receive five dollars 1 for every day actually spent in the performance of his duties and 2 the amount actually paid by him, not exceeding three cents a mile 3 each way, for necessary travelling expenses in attending the meet- 4 ings of the board. The bills for such compensation and his inci- 5 dental and travelling expenses shall be approved by the board and 6 paid by the commonwealth. So much of the receipts from examina- 7 tions as may be necessary for the compensation and expenses of the 8 board may, in addition to any amount authorized by the general 9 court, be used for such purpose.
SECTION 13. The board shall keep a record of the names of all 1 persons examined and registered hereunder and of all money re- 2 ceived and disbursed by it, and a duplicate thereof shall be open to 3 inspection in the office of the secretary of the commonwealth. Said 4