penditures from such fund during the preceding calendar month. The health officer shall keep an account of all moneys received or disbursed by him under this section. This section shall not affect the liability of masters or owners of vessels, or consignees or agents of such masters or owners of vessels, passengers or other persons to pay for such services, labor or work as they are respectively required to pay or discharge by law. And the health officer shall have the power to order to quarantine and detain therein any vessel whose master, owner, consignee or agent doing business in the city of New York, if there be such agent of said master, owner or consignee, or any one of such, shall refuse or neglect to pay the fees and charges herein provided for within three days after notification to such master, owner, consignee, or agent of the fact that such charges have been assessed against such vessel. Such power may be exercised by the health officer within a period of one year after the performance of the services for which such charges are made; and such vessel may be released from the health officer's custody as aforesaid only upon the filing of a bond in double the amount of said charges, or a judicial determination with respect to the same. Nothing herein contained shall affect the right of the health officer, or of the state through the health officer, to proceed for the collection of such fees, as is otherwise by law provided. (Am'd by L. 1909, ch. 375, L. 1910, ch. 425 and L. 1913, ch. 136, in effect March 26, 1913.)

Annual

§ 145. Annual report. The health officer shall make a report to the legislature annually on or before report January fifteenth for the preceding fiscal year, con taining an itemized statement of all his receipts and disbursements and of the general condition of the quarantine establishment, the statistics of the establishment in detail, and such other information and suggestions in regard to it as he may deem advisable

Practice of medicine

Definitions

A duplicate of said report shall at the same time be filed by said health officer with the comptroller. (Am'd by L. 1909, ch. 375.)

ARTICLE VIII

Practice of medicine

Section 160. Definitions.

161. Qualifications.

162. The state board of medical examiners. 163. Certificate of appointment; oath; powers.

164. Expenses.

165. Officers; meetings; quorum; committees. 166. Admission to examination.

167. Questions.

168. Examinations and reports.

169. Licenses.

170. Registry; revocation of license; annul

ment of registry.

171. Registry in another county.

172. Certificate presumptive evidence; unau

thorized registration and license prohibited.

173. Construction of this article.

174. Penalties and their collection.

§ 160. Definitions. As used in this article:

1. "The education department" means the education department of the state of New York as provided for by the education law.

2. "University" means university of the state of New York.

6. "Medical school" means any medical school, college or department of a university, registered by the regents as maintaining a proper medical standard and as legally incorporated.

7. The practice of medicine is defined as follows: Practice of

medicine

A person practices medicine within the meaning of this defined article, except as hereinafter stated, who holds himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physicial condition, and who shall either offer or undertake, by any means or method, to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition.

8. "Physician" means a practitioner of medicine.

§ 161. Qualifications. No person shall practice medi- Qualificacine, unless registered and legally authorized prior to tions to September first, eighteen hundred and ninety-one, or medicine unless licensed by the regents and registered under article eight of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereto, or unless licensed by the regents and registered as required by this article; nor shall any person practice under this article who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board. The conviction of a felony shall include the conviction of any offense which if committed within the state of New York would constitute a felony under the laws thereof. If a person convicted of a felony is subsequently pardoned by the governor of the state where such conviction was had, or by the president of the United States, the regents may, in their discretion, on application of such person, and on the submission to them of satisfactory evidence, restore to such person the right to practice medicine in this state, unless

State board cf medical examiners

Member ship

Vacancies

such conviction has been for misconduct in his professional capacity. (Am'd by L. 1914, ch. 319.)

The
The

§ 162. The state board of medical examiners. state board of medical examiners. is continued. members of said board now in office shall continue in office until the expiration of their respective terms. Said board shall consist of nine members who shall be appointed by the regents and who shall hold office for three years from August first of the year in which appointed. The regents shall annually appoint three members to fill the vacancies caused by expiration of term of office, and may at any time fill vacancies on the board caused by death, resignation, or removal from office. No person shall be appointed a member of the board of medical examiners who is not eligible to receive a license to practice from the regents in accordance with the provisions of this article or of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereof and who has not been in practice in this state for at least five years prior to date of appointment. The regents may remove any member of the by regents board of examiners for misconduct, incapacity or neglect of duty. The regents shall appoint a secretary to the board of examiners, who shall not be a member of the board, and who shall hold office during the pleasure of the regents and who shall receive an annual compensation of four thousand dollars, payable from the fees received under this article. The secretary shall be a duly licensed physician.

Qualifications

Removal

Secretary of board

Certificate of appoint

§ 163. Certificate of appointment; oath; powers. Every medical examiner shall receive a certificate of ment; oath appointment from the regents and before beginning his term of office shall file with the secretary of state the constitutional oath of office. The board, or any committee thereof, may employ counsel, shall have the power to compel the attendance of witnesses, and may

May employ counsel

take testimony and proofs concerning all matters within its jurisdiction. The board may, subject to the Powers regents' approval, make all by-laws and rules not inconsistent with law needed in performing its duties; but no by-law or rule by which more than a majority vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that required for action thereunder.

§ 164. Expenses. The fees derived from the operation Expenses of this article shall be paid into the state treasury, and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper expenses incurred pursuant to this article.

§ 165. Officers; meetings; quorum; committees. The omcers board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meetings each year pursuant to call Meetings of the regents. At any meeting a majority shall conquorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by com- Committees duly authorized by the board and approved by the regents.

stitute

a

mittees

sion to

§ 166. Admission to examination. The regents shall Admisadmit to examination any candidate who pays a fee examinaof twenty-five dollars and submits evidence, verified by oath, and satisfactory to the regents, that he

1. Is more than twenty-one years of age.

tion

Fee