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 such conviction has been for misconduct in his professional capacity. 1 Public § 162. § 1252. The state board of medical examiners. The state board Source.of medical examiners is continued. The members of said board health law now in office shall continue in office until the expiration of their respective terms. Said board shall consist of nine or more 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 one-third of the members to fill the vacancies caused by expiration of terms 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 department in accordance with the provisions of this article or of chapter six hundred and sixty-one of the laws of eighteen hundred and ninetythree and acts amendatory thereof and who has not been in prac tice in this state for at least five years prior to date of appointment. The regents may remove any member of the 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 pleas ure of the regents and who shall receive an annual compensation of not less than four thousand dollars, payable from the fees received under this article. The secretary shall be a duly licensed physician. Public § 163. § 1253. Certificate of appointment; oath; powers. Every med. Source.ical examiner shall receive a certificate of appointment from the health law, 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 take testimony and proofs concerning all matters within its jurisdiction. The board may, subject to the 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. Public § 1254. Expenses. Notwithstanding the provisions of any other Source.-general, local or special law, all fees, fines, penalties and other health law, moneys derived from the operation of this article, shall be paid § 164. to the department and shall be available, together with the appropriations made from time to time by the legislature, for the payment of all proper expenses of the board including the salaries of the secretary of the board of medical examiners and his assistants, inspectors, examiners, any deputy attorney-general assigned for the purpose of enforeing the provisions of this article, and Source. health law, § 165. other employees, and their necessary disbursements, including the disbursement on bills duly rendered and audited for the administration of the committee on grievances. The unexpended balance of all such fees, fines, penalties and other moneys derived from the operation of this article remaining on December thirty-first of each year shall be paid into the state treasury. § 1255. Officers; meetings; quorum; committees. The board Public shall annually elect from its members a president and a vicepresident for the academic year, and shall hold one or more meetings each year pursuant to call of the regents. At any meeting a majority shall constitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and approved by the regents. Source. Public § 1256. Admission to examination. The department shall admit health law, to examination any candidate who pays a fee of twenty-five dollars and submits evidence, verified by oath, and satisfactory to the department, that he § 166. 1. Is more than twenty-one years of age and a citizen of the United States or has declared his intention of becoming such citizen; 2. Is of good moral character; 3. Had prior to beginning the first year of medical study the preliminary general education required by the rules of the department, except where the application is for a license to practice osteopathy, in which case he must have had the general education required by the rules of the department preliminary to receiving the degree of doctor of osteopathy; 4. Had studied medicine not less than four school years, including four satisfactory courses of at least eight months each in four different calendar years in a medical school in this country or Canada registered as maintaining at the time a standard satisfactory to the department, or in a medical school in a foreign country maintaining a standard not lower than that prescribed for medical schools in this state. In lieu of the first two years of such medical course the department may accept evidence of graduation with the degree of bachelor or doctor of dental surgery from a registered dental school in which the requirements for admission were the same as those prescribed for a registered medical school, and in which the course of instruction included all of the minimum requirement prescribed for the first two years of the course in a registered medical school. New York medical schools and New York medical students shall not be discriminated against by the registration of any school out of the state whose minimum graduation standard is less than that fixed by the statute for New York medical schools. The department may accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice, provided that such substitution be specified in the license, and, as the equivalent of the first year of the fourth requirement, evidence of graduation from a registered college course, provided that such college course shall have included not less than the minimum requirements 龍 prescribed by the department for such admission to advanced 5. Has received the degree of bachelor or doctor of medicine The degree of bachelor or doctor of medicine shall not be conferred in this state before the candidate has filed with the institution conferring it the certificate of the department that before beginning the first annual medical course counted toward the degree, he had earned a medical student qualifying certificate in accordance with the rules of the department. 6. Where the application be for a license to practice osteopathy, the applicant shall produce evidence that before nineteen hundred and ten he has studied osteopathy not less than three years including three satisfactory courses of not less than nine months each in three different calendar years in a college of osteopathy maintaining at the time a standard satisfactory to the department or that after nineteen hundred and ten he has studied not less than four years including four satisfactory courses of not less than eight months each in four different calendar years in a college maintaining at the time a standard satisfactory to the department. 7. Where the application be for a license to practice physiotherapy, the applicant shall produce evidence that he has studied physio-therapy not less than four years including four satisfactory courses of not less than seven months each in four different calendar years in a school or college maintaining a standard satisfactory to the department. health law, § 1257. Questions. The board shall submit to the department, source. as requested, lists of suitable questions for thorough examination Public in anatomy, physiology, hygiene, chemistry, surgery, obstetrics, § 167. gynecology, pathology, bacteriology, and diagnosis. From these lists the department shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates, except that the examination may be divided as provided in section twelve hundred and fifty-six. health law, § 1258. Examinations and reports. Examinations for licenses Source.shall be given in at least four convenient places in this state and Public at least three times annually, in accordance with the rules of the 168. department, and shall be exclusively in English. The regents may Source. Public § 169. adopt a rule supplementing the written examination by oral, laboratory, and clinical examinations in the subject of diagnosis. Each written examination shall be conducted by a department examiner who shall not be one of the medical examiners. At the close of the written examination the department examiner in charge shall deliver the questions and answer papers to the board or its duly authorized committee. Each supplemental oral, laboratory, and clinical examination, if any, shall be conducted by the board of medical examiners. Without unnecessary delay, the board shall examine and mark the answers and transmit to the department an official report, signed by the president and secretary, stating the standing of each candidate in each subject, and in each supplemental oral, laboratory, and clinical examination, if any, his general average, and whether the board recommends that a license be granted. Such report shall include the written questions and answers, together with the specifications of the supplemental examinations, if any, and shall be filed in the public records of the department. If a candidate fails on the first examination he may have a second examination without fee. The department may, upon recommendation of the board of medical examiners, accept in lieu of its own examination, either in whole or in part, the certificate of the national board of medical examiners. T § 1259. Licenses. On receiving from the state board an official health law, report that an applicant has successfully passed the examinations and is recommended for license, the department shall issue to him a license to practice according to the qualifications of the applicant. Every license shall be issued by the department under seal and shall be signed by the president and secretary of the board and by the officer of the department who approved the credentials which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and medical education and all other matters required by law, and that after full examination he has been found properly qualified to practice. There shall be issued to applicants who, when admitted to the licensing examination, were citizens of a foreign country, and who had declared intention of becoming citizens of the United States, upon passing the examination, a license but upon failure of such licensee within six years from the date of such declaration of intention to furnish evidence of his having actually become a citizen his license shall terminate and his registration shall be annulled. Applicants examined and licensed by other state examining boards registered heretofore by the regents or hereafter by the department as maintaining standards not lower than those provided by this article and applicants who matriculated in a New York state medical school before June fifth, eighteen hundred and ninety, and who received the degree of doctor of medicine from a registered medical school before August first, eighteen hundred and ninety-five, may without further examination, on payment of twenty-five dollars to the department and on submitting such evidence as they may require, receive from them an endorsement of their licenses or diplomas conferring all rights and privileges of a license issued by the department after examination. The commissioner of education may in his discretion on the approval of the board of regents indorse a license or diploma of a physician from another state, or country, provided the applicant has met all the preliminary and professional qualifications required for earning a license on examination in this state, has been in reputable practice for a period of ten years, and has reached a position of conceded eminence and authority in his profession. Any physician, who was actually engaged in the practice of medicine in this state prior to September first, eighteen hundred and ninety-one, and who failed to register, although eligible to do so at the time, or any physician, whose registration is not legal because of some error, misunderstanding or unintentional omission, may on the unanimous recommendation of the state board of medical examiners that he has submitted satisfactory proof of having complied with all the requirements prescribed by law at the time of his failure to register or his incomplete registration, receive from the department under seal a certificate of the facts which may be registered in accordance with this article. Before any license is issued it shall be numbered and recorded in a book kept in the office of the department, and its number shall be noted in the license; and a photograph of the licensee filed with the records. This record shall be open to public. inspection, and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land. Public § 1260. Registration. 1. Every license to practice medicine Source.shall, before the licensee begins to practice thereunder, be regis- health law, tered in a book kept in the clerk's office of the county where such 170. practice is to be carried on, with name, residence, place and date of birth, and source, number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and bad, before receiving the same, complied with all the requirements as to attendance, terms and amount of study and examinations required by law and the rules of the department as preliminary to the conferment thereof; that no money was paid for such license, except the regular fees paid by all applicants therefor; that no fraud, misrepresentation or mistake in any material regard was employed by any one or occurred in order that such license should be conferred. Every license, or if lost, a copy thereof legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its conferment, shall, before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the department, shall indorse or stamp on it the date and his name preceded by the words, "regis tered as authority to practice medicine in the clerk's office of .....county." The clerk shall thereupon give to every physician so registered a transcript of the entries in the register with a certificate, under seal, that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. The department |