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5 board shall annually, on or before the first day of January, make a 6 report to the governor and council of the condition of pharmacy in 7 the commonwealth, of all its official acts during the preceding year 8 and of its receipts and disbursements.
SECTION 14. A person who desires to do business as a pharmacist Examination 2 shall, upon payment of five dollars, be entitled to examination, tion. 313, 4.
1899, 422, 2. 3, 1899; April
3 and if found qualified shall be registered as a pharmacist and shall 1896, 397,5 4 receive a certificate signed by the president and secretary of said op. A. G. Oct. 5 board. He shall upon request be re-examined after the expiration 21, 1900. 6 of three months at any regular meeting of the board, upon the pay7 ment of three dollars. All fees received by the board shall be paid 8 by its secretary into the treasury of the commonwealth.
1 SECTION 15. Every person who has received a certificate of Exhibit of 2 registration from the board shall conspicuously display the same in 1885, 313, § 8. 3 his place of business.
1896, 397, § 6.
1893, 472, §§ 1, 2.
1 SECTION 16. The board shall hear all applications by registered Hearing on ap2 pharmacists for the granting of sixth class licenses, if a hearing is complaints. 3 requested by the applicant, and all complaints made by them against 1896, 397, $$ 7,84 any person registered as a pharmacist charging him in his business 10p. A. G. 499. 5 as a pharmacist with violating any of the laws of the commonwealth, 6 the enforcement of which is under the supervision of the board of 7 registration in pharmacy, and especially of the laws relating to the 8 sale of intoxicating liquors; or engaging with, or aiding or abetting, 9 another in the violation of said laws; or, if he himself is not the 10 owner and actively engaged in such business, with suffering or per11 mitting the use of his name or certificate of registration by others 12 in the conduct of the business of pharmacy. Such complaint shall 13 set out the offence alleged and be made within fifteen days after the 14 date of the act complained of. The board shall notify the person 15 complained against of the charge against him and of the time and 16 place of the hearing at which he may appear with his witnesses and 17 be heard by counsel. Three of the members of the board shall be 18 a quorum for such hearing. Witnesses at hearings before such 19 board shall testify under oath and may be sworn by a member of 20 the board. The board shall have power to send for persons and 21 compel the attendance of witnesses at said hearings.
1 SECTION 17. If the full board sitting at such hearing finds the 2 person guilty, the board may suspend the effect of the certificate 3 of his registration as a pharmacist for such term as the board fixes, 4 or may revoke his certificate, but the license or certificate of regis5 tration of a registered pharmacist shall not be suspended or revoked 6 for a cause punishable by law until after his conviction by a court 7 of competent jurisdiction.
Effect of 1893, 472, § 3. 1896, 397, § 9.
1 SECTION 18. Whoever, not being registered as aforesaid, him- Penalty for 2 self or by his agent or servant, unless such agent or servant is so of medicine. 3 registered, retails, compounds for sale or dispenses for medicinal 1,227. 4 purposes or keeps or exposes for sale drugs, medicines, chemicals 1896, 397, § 18. 5 or poisons, except as provided in section twenty-one, shall be pun6 ished by a fine of not more than fifty dollars. But the provisions
Expenditures authorized. 1893, 472, § 7. 1896, 397, § 22.
Investigation of complaints. 1885, 313, § 7.
SECTION 19. The board shall investigate all complaints of the 1 violation of the provisions of sections ten to twenty-one, inclusive, 2 1896, 397, 21. and report the same to the proper prosecuting officers, and especially 3 cause to be prosecuted all violations of section twenty-nine of 4 chapter one hundred.
472, § 6. §
of this section shall not prohibit the employment of apprentices or 7 assistants under the personal supervision of a registered pharmacist. 8
Examination for registration. Fees.
SECTION 21. The provisions of sections twenty-one to twenty- 1 1885, 313, § 10. nine, inclusive, of chapter one hundred, section twenty-five of chap- 2
1896, 397, § 23. 1900, 317.
ter seventy-five and section two of chapter two hundred and thirteen 3 shall not apply to physicians who put up their own prescriptions or 4 dispense medicines to their patients; nor to the sale of drugs, medi- 5 cines, chemicals or poisons at wholesale only; nor to the manu- 6 facture or sale of patent and proprietary medicines; nor to the sale 7 of non-poisonous domestic remedies usually sold by grocers and 8 others; nor shall any unregistered member of a copartnership be 9 liable to the penalties hereof if he retails, compounds for sale or 10 dispenses for medicinal purposes drugs, medicines, chemicals or 11 poisons only under the personal supervision of a registered phar- 12 macist. The widow, executor or administrator of a registered 13 pharmacist who has died or the wife of one who has become in- 14 capacitated may continue his business under a registered pharmacist. 15
SECTION 20. The board of registration in pharmacy may annually expend not more than two thousand dollars in the perform- 2 ance of its official duties.
REGISTRATION OF DENTISTS.
SECTION 22. There shall be a board of registration in dentistry 1 consisting of five persons, male or female, residents of and doing 2 business in this commonwealth, who shall be skilled dentists of 3 good repute, shall have been regularly graduated from a reputable 4 medical or dental college duly authorized to grant degrees in 5 dentistry, or shall have been engaged for ten years in the practice 6 of dentistry. No member of the board shall in any way be con- 7 nected with a dental college or dental department of any college or 8 university in which he has any pecuniary interest. The governor, 9 with the advice and consent of the council, shall appoint one 10 member of said board in the year nineteen hundred and two and 11 two members in each of the years nineteen hundred and three 12 and nineteen hundred and four, and in like manner two members 13 shall be appointed annually, in April, except in every third year, 14 when one shall be appointed.
SECTION 23. Said board shall, from its members, choose a chair- 1 man and secretary, and it shall meet at least twice in each year. 2 Four of said board shall constitute a quorum, and the proceedings 3 thereof shall, at all reaonable times, be open to public inspection.
SECTION 24. Any person of twenty-one years of age or over, 1 upon payment of a fee of twenty dollars, which shall not be returned 2
3 to him, may be examined by said board at a regular meeting with 4 reference to his knowledge and skill in dentistry and dental sur5 gery; and if his examination is satisfactory to said board and he is 6 found to possess the requisite qualifications, the board shall issue a 7 certificate, signed by the chairman and secretary, which shall be 8 prima facie evidence of the right of the holder to practise den9 tistry in this commonwealth. Such certificate, or a duplicate 10 thereof, shall be posted by every practising dentist in a conspicuous 11 place so that it shall be in plain view of his patients, and every 12 person who owns or carries on a dental business shall exhibit his 13 full name in plain readable letters in each office or room in which 14 such business is transacted. An applicant who fails to pass a satis15 factory examination shall be entitled to one re-examination at any 16 future meeting of the board, free of charge, but for each subsequent 17 examination, he shall pay five dollars. Said board shall annually, 18 on or before the first day of January, make a report of its proceed19 ings to the governor. All fees received by the board shall be paid 20 monthly by its secretary into the treasury of the commonwealth.
1 SECTION 25. Each member of the board shall receive five dollars Compensation 2 for every day actually spent in the performance of his duties, and of board. 3 his necessary travelling expenses actually expended in attending the 1887, 137, § 7. 4 meetings of the board, not exceeding three cents a mile each way. 5 Such compensation and expenses shall be approved by the board 6 and paid by the commonwealth only from the fees paid over by the 7 board.
SECTION 26. Whoever falsely claims or pretends to have or hold 2 a certificate granted by said board, or falsely and with intent to de3 ceive claims or pretends to be a graduate from any incorporated 4 dental college, or who performs any operation on, or makes exami5 nation of, with the intent of performing or causing to be performed 6 any operation on, the human teeth or jaws, without obtaining a 7 certificate as required by law, shall, for each offence, be punished 8 by a fine of not less than fifty nor more than one hundred dollars 9 or by imprisonment for three months.
1897, 187, §§ 1, 2.
1887, 137, §§ 4, 6. 1900, 294, § 1.
NOTES. Sect. 21. The words 66 the wife of one who has" have been added in order to accomplish the evident intent of the legislature with reference to a pharmacist who has become "incapacitated."
Sect. 27. The class of persons exempted by St. 1887, c. 137, § 9 from the operation of the provisions of that statute regulating the practice of dentistry has been changed from physicians graduated from the medical department of any incorporated college" to physicians registered under St. 1894, c. 458, to conform to the standard of competence subsequently established by the later
SECTION 27. The provisions of sections twenty-two to twenty- Limit of appll2 six, inclusive, shall not apply to a physician registered under the 1887, 137, § 9. 3 provisions of this chapter, nor prevent a licensed dentist of another 1900, 294, § 4. 4 state from operating at a public clinic under the auspices of a duly 5 organized and reputable dental association nor a student of a 6 reputable chartered dental college from performing operations in 7 the college infirmary as a part of the regular college course and in 8 the presence, and under the actual instruction, of a registered 9 dentist appointed as instructor.
Penalties. 1900, 294, § 2.
1887, 137, §§ 5, 8.
Bond. 1830, 57, § 3. 1834, 187, § 3. R. S. 22, § 12. G. S. 27, § 2. P. S. 81, § 2. 1898, 479, § 2. Op. A. G. Dec. 9, 1899.
OF THE PROMOTION OF ANATOMICAL SCIENCE.
Disposition of dead bodies. 1830, 57, § 3. 1834, 187, § 3. R. S. 22, § 10. 1845, 242, § 1. 1855, 323, § 1. G. S. 27, § 1. 1879, 291, § 9. P. S. 81, § 1. 1891, 185, § 1. 1891, 406. 1898, 479, § 1.
SECTION 1. Upon the written application of the dean or other 1 officer of any medical school established by law in this common- 2 wealth, the overscers of the poor of a city or town, the trustees for 3 children, the pauper institutions trustees, the insane hospital trustees 4 and the penal institutions commissioner, of the city of Boston, the 5 trustees and superintendent of the state hospital, state farm or 6 other public institution supported in whole or in part at the public 7 Op. A. G. Jan. expense, except the soldiers' home in Chelsea, shall give such dean 8
or other officer permission to take, within three days after death, the 9 bodies of such persons who die in such town, city, city institution, 10 state hospital, state farm or public institution as are required to 11 be buried at the public expense, to be used within the commonwealth 12 for the advancement of anatomical science; but such permission shall 13 not be given to take the body of any soldier or sailor, known to 14 be such, who served in the war of the rebellion or in the war between 15 the United States and Spain. In giving such permission, regard 16 shall be had to preserving as far as practicable a fair proportion 17 between the number of students in attendance at such institutions 18 and the number of such bodies delivered to them respectively,
Dissection of body of murderer. 1784, 9, § 4. 1804, 123, § 1. R. S. 125, § 2. G. S. 160, § 8. P. S. 202, § 8.
SECTION 2. Such dean or other officer, before receiving any such 1 dead body, shall give to the board or officer surrendering the same 2 to him a sufficient bond with condition that such body shall be used 3 only for the promotion of anatomical science within this common- 4 wealth, and in such manner as in no event to outrage the public 5 feeling, that, after having been so used, the remains shall be decently 6 buried, that it shall not be so used for fourteen days after death and 7 that it shall, during said fourteen days, be kept in a condition and 8 place to be viewed by any person, at all reasonable times, for the 9 purpose of identification.
SECTION 3. If the deceased person, during his last sickness, of 1 his own accord requests to be buried or requests that his body be 2 delivered up to any friend, or if, within fourteen days after the death 3 of such deceased person, any person claiming to be and satisfying 4
authorities that he is a friend or is of kindred to the deceased 5 asks to have the body buried or surrendered to himself, or if such 6 deceased person was a stranger or traveller who suddenly died, the 7 body shall not be given up as aforesaid; but shall, in conformity with 8 such request, be either buried or delivered to such friend or kindred. 9
SECTION 4. Upon conviction of murder in the first degree, the 1 court may order the body of the convict after his execution to be 2 dissected. The sheriff shall in such case deliver it to a professor of 3 anatomy or surgery in a medical school established by law in this 4 commonwealth, if so requested; otherwise, he shall, unless the con- 5 vict's friends desire it for interment, deliver it to any surgeon attending to receive it who will undertake to dissect it.
NOTE. - Sect. 4. The words "medical school established by law in this commonwealth" have been substituted for the words college or public seminary" to conform to the provisions of St. 1898, 479, § 1.
CEMETERY AND CREMATORY CORPORATIONS.
114, § 1.
1 SECTION 1. Five or more persons who are desirous of procuring, Cemetery cor2 establishing and preparing a cemetery, or who are the majority in ganization. 3 interest of the proprietors of an existing cemetery, may organize 1852, 56, § 1, 2. 4 as a corporation in the manner provided in chapter one hundred G. S. 28, §1. 5 and twenty-three; but such corporation shall not sell nor impair the 103 Mass. 104. 6 right of any proprietor of an existing cemetery.
P. S. 82,
168 Mass. 97.
56, § 2.
P. S. 82, §§ 2, 5.
SECTION 2. Such corporation shall be subject to the provisions 2 of chapter one hundred and nine and of the first thirteen sections R. 5. 38, § 7. 3 of chapter one hundred and twenty-three; may take and hold only 1841, 14, 24. 4 so much real and personal property as may be necessary for the GS G. S. 60, § 7. 5 objects of its organization; may lay out such real property into 16, 104. 6 lots; and may grant and convey the exclusive right of burial in, 146 Mass. 163. 7 and of erecting tombs or cenotaphs upon, any lot and of orna8 menting the same, upon such terms and conditions and subject to 9 such regulations as it shall prescribe. The provisions of section 10 twenty-five of chapter one hundred and ten shall apply to such cor11 poration.
158 Mass. 514.
P. S. 82, 6.
1 SECTION 3. Every cemetery corporation which is created by Record of con2 special charter or organized under general laws shall regularly keep yo 3 books in which it shall enter all conveyances of burial lots within 1865, 252, §§ 1, 2. 4 said cemetery and all instruments of contract relating to conveyances 1883, 142. 5 of such lots. Such records, and similar records made by such cor6 poration prior to the second day of June in the year eighteen 7 hundred and eighty-nine, shall have the same effect as if made in 8 the registry of deeds for the county or district in which such ceme9 tery is situated, and no other record shall be necessary.
SECTION 4. The secretary or clerk of such corporation may give Certified copies 2 certified copies of all deeds and instruments recorded as aforesaid, 1865, 252, § 3. 3 and they may be used in evidence in the same manner as copies P. S. 82, § 7. 4 certified by the register of deeds.
SECTION 5. Such corporation may take and hold funds in trust Trust funds. 2 and apply the income thereof to the improvement or embellishment 410 3 of the cemetery or to the care, preservation or embellishment of 153 Mass. 465. 4 any lot or its appurtenances.
163 Mass. 513.
1898, 437, § 1.
SECTION 6. Such corporation may cremate bodies of the dead, Cremation, 2 and may provide the necessary buildings and appliances therefor 3 and for the disposition of the ashes of the dead on any land within