Incensee. Whenever any pharmacist, druggist, physician, dentist, veterinarian or registered nurse shall have been convicted of the violation of any of the provisions of this article, any officer or board having power to issue licenses to any such physician, dentist, veterinarian, pharmacist, druggist or registered nurse may, after giving such licensee reasonable notice and opportunity to be heard, suspend or revoke the same. § 443. Penalties. A violation of any of the pro- Penalties visions of this article shall constitute a misdemeanor. tions and tions not negatived § 444. Exceptions and exemptions not required to be Excepnegatived. In any complaint, information, indictment exempor other writ or in any action or proceeding laid or required brought under or for the enforcement of any of the to be provisions of this article it shall not be necessary to negative an exception or exemption and the burden of proof shall be upon the defendant or person proceeded against to establish affirmatively any exception or exemption claimed. tion of § 445. Construction of article. The provisions of this Construcarticle shall be construed not as an act in derogation of article the powers of the state but as one intended to aid the state in the execution of its duties, and shall be liberally construed so as to carry into effect the objects and purposes hereof. The provisions of this article, so far as they are substantially the same, or cover the same subject-matter, as those of any law repealed by this act, shall be construed as a continuance of such repealed law, modified or amended, according to the language employed herein and not as new enactments. References in a law not repealed to the provisions of any law incorporated into this article or repealed by this act shall be construed as applying to the provisions so incorporated. The meaning and effect of the terms and language used herein shall be construed in accordance with the provisions of the statutory construction law. Actions pending, not affected Art. XIa § 1746 of Penal Law repealed Date of taking effect § 2. The repeal of a law, or any part of it by the provisions of this act, shall not affect or impair any act done or right accruing, accrued, or acquired, or penalty, forfeiture or punishment incurred prior to the time when this act takes effect under or by virtue of the law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed; and all actions or proceedings, civil or criminal, commenced under or by virtue of any law so repealed and pending when this act takes effect, may be prosecuted and defended to final effect in the same manner as they might under any such law so repealed. § 3. All of article eleven-a of chapter forty-nine of the laws of nineteen hundred and nine, entitled "An act in relation to the public health, constituting chapter forty-five of the consolidated laws," as added by chapter three hundred and sixty-three of the laws of nineteen hundred and fourteen and as subsequently added to and amended, and sections seventeen hundred and forty-five and seventeen hundred and forty-six of chapter eighty-eight of the laws of nineteen hundred and nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws," as added, substituted or amended; and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed, such repeal to take effect on the first day of February, nineteen hundred and nineteen. § 4. Sections four hundred and twenty-one and four hundred and twenty-two of this article and so much of section four hundred and twenty-three of this article as pertains to registry shall take effect on the first day of November, nineteen hundred and eighteen, the other sections of such article shall take effect on the first day of February, nineteen hundred and nineteen. CHAPTER 342.* Establishing a bureau of venereal disease and making an appropriation therefor. veneral Section 1. There is hereby established in the state Bureau of department of health a bureau of venereal diseases. diseases § 2. Said bureau shall be under the direction of the bureau state commissioner of health who shall appoint all necessary employees thereof and fix their salaries. Said Power of bureau shall be authorized to buy, manufacture and dispense under such conditions as may be prescribed by the state commissioner of health remedies for the treatment of veneral diseases, to examine specimens submitted to it, to make all necessary tests, provide and distribute literature and to use such other means as seem desirable for the instruction of the public and the suppression and cure of venereal diseases, and to take such further action as seems necessary to secure this end. (Became a law April 30, 1918.) * See Art. XVII-B Public Health Law, p. 237 Scope of code Violation misde meanor New York city excepted Supersedes local ordinances THE SANITARY CODE ESTABLISHED BY THE PUB- The public health law of the state of New York, as amended by chapter 559 of the laws of 1913, provides as follows: "Section 2-b. Sanitary code. The public health council shall have power by the affirmative vote of a majority of its members to establish and from time to time amend sanitary regulations, hereinafter called the sanitary code, without discrimination against any licensed physicians. The sanitary code may deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York, and with any matters as to which jurisdiction is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwifery and for the promotion of health in any or all Indian reservations. The provisions of the sanitary code shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor. No provision of the sanitary code shall relate to the city of New York or any portion thereof, and every provision of the sanitary code shall apply to and be effective in all portions of the state except the city of New York unless stated otherwise. * * Section 2-c. Enforcement of sanitary code. The provisions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the public health council, supersede all local ordinances heretofore or hereafter enacted inconsistent therewith. Each city, town, or village may, in the manner hereinafter prescribed, enact sanitary regulations not inconsistent with the sanitary code established * by the public health council. The public health council Council shall have power to prescribe by regulations the qualifi- may precations of directors of divisions, sanitary supervisors, qualifica local health officers hereafter appointed and public health nurses. * * *” scribe tions officers Under the public health law, all local health officers Health have the power, and it is their duty, to carry into to enforce effect in their respective jurisdictions the provisions of Code the public health law and the sanitary code, and the orders and regulations, not inconsistent therewith, of their respective boards of health. The state commissioner of health, under the same law, has the power, and it is his duty, to exercise general supervision over the work of all local health authorities, except in the city of New York, and to see that the provisions of the public health law and the sanitary code are enforced. The sanitary code supplements but does not take the place of the provisions of the public health law or of any amendments thereto, or of any of the laws relating to the public health or to the powers or duties of the state commissioner of health, the state department of health, local boards of health or local health officers. Additions to the sanitary code will be made from time to time. CHAPTER I Definitions and General Provisions Regulation 1. Definitions. Unless otherwise specifically provided herein, the following words and terms used in this code are defined for the purposes thereof as follows: (1) The term "communicable disease" means such Comcommunicable disease as may be designated in regula- municable tion one of chapter two of the code. disease, defined (2) The term "municipality" means and includes Munici |