Chapter 30. PROFESSIONS AND OCCUPATIONS.

§1. In General.—Unless otherwise specially provided, every board of examination or registration referred to in this chapter, including the state public health council, shall conform to the requirements prescribed in the following sections of this article.

§2. Oath.—Every person appointed as a member of any board referred to in this article, before proceeding to exercise the authority or discharge the duties of the office, shall take the oath prescribed by section five of article four of the State Constitution, and shall file the certificate thereof with the secretary of state.

§3. Officers; Bond of Secretary.—Every such board shall elect annually from its members a president and a secretary who shall hold their offices for one year and until their successors are elected: Provided, That the state board of law examiners and the state board of examiners for nurses may each elect a secretary from outside its membership. The secretary shall execute a surety bond conditioned as required by law, which bond shall be approved by the attorney general as to form and by the auditor as to sufficiency, and, when so approved, shall be filed and recorded in the office of the secretary of state. The premium on said bond shall be regarded as a proper and necessary expense of the board.

§4. Official Seal; Rules and Regulations.—Every such board shall adopt an official seal which shall be affixed to all licenses or certificates of registration issued by it, and shall make such rules and regulations, not inconsistent with law, as are necessary to regulate its proceedings and to carry out the purposes and enforce the provisions of this chapter applicable to such board.

§5. Meetings; Quorum; Power to Compel Attendance of Witnesses and to Take Testimony.—Every such board shall hold at least two meetings each year, at such times and places as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this State, and for the transaction of such other business as may legally come before it. The board may hold such additional meetings as may be necessary, which shall be called by the secretary at the direction of the president or upon the written request of any three members. A majority of the members of the board shall constitute a quorum for the transaction of its business. The board shall have the power to compel the attendance of witnesses and to take testimony and proof concerning any matter within its jurisdiction, and for such purposes the president and secretary of the board shall have the power to administer oaths.

§6. Application for License or Registration; Examination Fee; Reexamination.—Every applicant for license or registration shall apply therefor in writing to the proper board at least ten days before the date of any examination, and shall transmit with his application an examination fee of twenty dollars, unless a different fee is specially provided by law, which sum the board is authorized to charge for an examination or investigation into his qualifications to practice. An applicant failing to pass an examination satisfactory to the board shall, at either the first or second succeeding examination conducted by the board, be entitled to a reexamination without further cost, but one such reexamination shall exhaust his privilege under his original application.

§7. Contents of License or Certificate of Registration; Fee.—Every license or certificate of registration issued by such board shall bear a serial number, the full name of the applicant, the date of issuance, the seal of the board, and shall be signed by a majority of the members and attested by its president and secretary. Unless otherwise specially provided, the board shall charge a fee of five dollars for every license or certificate of registration issued by it, and a fee of five dollars for every duplicate thereof, which fee shall be paid before such license or certificate of registration, or duplicate, is issued. No license or certificate of registration granted or issued under the provisions of this chapter shall be assignable.

§8. Proceedings for Suspension or Revocation of License or Registration; Effect of Suspension or Revocation; Transcript; Report.—Except as otherwise provided for the suspension or annulment of the license of an attorney, in all proceedings before a board for the suspension or revocation of any certificate, license, registration or authority issued by it, a statement of the charges against the holder thereof and a notice of the time and place of hearing shall be served upon such person as a notice is served under section one, article two, chapter fifty-six of this Code, at least thirty days prior to the hearing, and he may appear with witnesses and be heard in person, by counsel, or both. The board may take such oral or written proof, for or against the accused, as it may deem advisable. If upon such hearing the board finds that the charges are true, it may suspend or revoke the certificate, license, registration or authority, and such suspension or revocation shall take from the person all rights and privileges acquired thereby. A stenographic report of each proceeding to suspend or revoke a certificate, license, registration or authority shall be made at the expense of the board, and a transcript thereof retained in its files. The board shall make a written report of its findings, which shall constitute part of the record, and a copy thereof shall be filed with the secretary of state.

§9. Review by Circuit Court and Supreme Court of Board’s Refusal to Issue, Suspension or Revocation of License or Registration.—A person, not an applicant for or holder of a license to practice law, who has been refused a license or registration for any cause other than failure to pass the examination given by the board, or whose certificate, license, registration or authority has been suspended or revoked, may, within thirty days after the decision of the board, present his petition in writing to the circuit court of the county in which such person resides, or to the judge of such court in vacation, praying for the review and reversal of such decision. Before presenting his petition to the court or judge, the petitioner shall mail copies thereof to the president and secretary, respectively, of the board. Upon receipt of such copy the secretary shall forthwith transmit to the clerk of such court the record of the proceeding before the board. The court or judge shall fix a time for the review of said proceeding at his earliest convenience. Notice in writing of the time and place of such hearing shall be given to the president and secretary of the board at least ten days before the date set therefor. The court or judge shall, without a jury, hear and determine the case upon the record of the proceedings before the board. The court or judge may enter an order affirming, revising, or reversing the decision of the board if it appears that the decision was clearly wrong. Prior to the entry of such order, no order shall be made or entered by the court to stay or supersede any suspension, revocation or cancellation of any such certificate, license, registration or authority. The judgment of the circuit court may be reviewed upon appeal in the supreme court of appeals.

§10. Disposition of Moneys; Report to Auditor.—The secretary of every such board shall receive and account for all moneys derived by virtue of the provisions of this chapter applicable to such board, and shall pay them into the state treasury monthly, on or before the tenth day of the month succeeding the month in which such moneys were received. He shall also, on the first day of January and July in each year, or within five days thereafter, certify to the state auditor a detailed statement of all such moneys received by him during the preceding six months.

§11. Compensation of Members; Expenses.—Each member of every such board shall receive ten dollars for each day actually spent in attending the sessions of the board, or of its committees, and in necessary travel, and shall be reimbursed for all actual and necessary expenses incurred in carrying out the provisions of this chapter applicable to such board. The secretary shall receive such salary as may be prescribed by the board, but in proceedings relative to the fixing of his salary the secretary shall have no vote. All authorized compensation and all expenses certified by the board as properly and necessarily incurred in the discharge of its duties shall be paid out of the state treasury, from funds appropriated for that purpose, on warrants of the state auditor issued on requisitions signed by the president and secretary of the board.

§12. Record of Proceedings; Register of Applicants; Certified Copies of Records Prima Facie Evidence; Report to Governor.—The secretary of every such board shall keep a record of its proceedings and a register of all applicants for license or registration, showing for each the date of his application, his name, age, educational and other qualifications, place of residence, whether an examination was required, whether the applicant was rejected or a certificate of license or registration granted, the date of such action, the license or registration number, all renewals of such license or registration, if required, and any suspension or revocation thereof. The books and register of the board shall be open to public inspection at all reasonable times, and such books and register, or a copy of any part thereof, certified by the secretary and attested by the seal of the board, shall be prima facie evidence of all matters recorded therein.

On or before the first day of January of each year in which the legislature meets in regular session the board shall submit to the governor a report of its transactions for the preceding two years, together with an itemized statement of its receipts and disbursements, and a full list of the names of all persons licensed or registered by it during such period, certified by the president and the secretary. A copy of the report shall be filed with the secretary of state.

§13. Roster of Licensed or Registered Practitioners.—The secretary of every such board hall also prepare and maintain a complete roster of the names and office addresses of all persons licensed, or registered, and practicing in this State the profession or occupation to which such board relates, arranged alphabetically by name and also by the counties in which their offices are situated. The board may call for and require a registration whenever it deems it necessary or expedient to secure an accurate roster.

§1. Certificate of Good Moral Character; Examination of Applicants for License; Licenses; Diploma Privilege of Graduates of West Virginia College of Law.—Any person desiring to obtain a license to practice law in the courts of this State shall appear before the circuit court of the county in which he has resided for the last preceding year and prove to the satisfaction of such court, or to the satisfaction of a committee of three attorneys practicing before such court, appointed by the court, that he is a person of good moral character, that he is twenty-one years of age, and that he has resided in such county for one year next preceding the date of his appearance; and upon the presentation of such proof, the court shall enter an order on its record accordingly. The supreme court of appeals shall prescribe and publish rules and regulations for the examination of all applicants for admission to practice law, which shall include the period of study and degree of preparation required of applicants previous to being admitted, as well as the method of examination, whether by the court or otherwise. And the supreme court of appeals may, upon the production of a duly certified copy of the order of the circuit court, hereinbefore mentioned, and upon being satisfied that the applicant has shown, upon an examination conducted in accordance with such rules and regulations, that he is qualified to practice law in the courts of this State, and upon being further satisfied that such rules and regulations have been complied with in all respects, grant such applicant a license to practice law in the courts of this State, and such license shall show upon its face that all the provisions of this section and of the said rules have been complied with: Provided, however, That any person who shall produce a duly certified copy of such order of the circuit court, and also a diploma of graduation from the college of law of West Virginia university, shall, upon presentation thereof in any of the courts of this State, be entitled to practice in any and all courts of this State, and the order so admitting him shall state the facts pertaining to the same.(Code 1849, c. 164, §1; Code 1860, c. 164, §1; Code 1868, c. 119, §1; 1872-3, c. 145, §1; 1882, c. 116, §1; 1887, c. 12, §1; 1897, c. 50, §1; 1901, c. 62, §1; Code 1923, c. 119, §1.)

§2. Attorneys From Other States.—Any person duly authorized and practicing as attorney at law in any state or territory of the United States, or in the District of Columbia, may practice as such in the courts of this State, as a visiting attorney, upon producing before the courts in which he intends to practice satisfactory evidence of his being so authorized. But this section shall not be construed as allowing such attorney to practice law in this State, as a resident attorney, on a license granted by another state or territory, or by the District of Columbia. An attorney at law licensed to practice as such under the laws of another state, territory or the District of Columbia, who shall desire to practice law in this State as a resident attorney, shall, after he becomes a resident thereof and before attempting so to practice, submit to the same examination and be licensed and admitted under the same rules and regulations, including proof of good character, as are required of persons seeking to be licensed under the laws of this State. But nothing herein contained shall be construed as affecting the rights or status of attorneys admitted to practice in this State at or before the time this Code takes effect.(Code 1849, c. 164, §§2, 3; Code 1860, c. 164, §§2, 3; 1868, c. 33, §§2, 3; Code 1868, c. 119, §2; 1882, c. 116, §2; 1901, c. 62, §2; 1915, c. 82; Code 1923, c. 119, §2.)

§3. Oath.—Every attorney at law shall take the following oath before each court in which he proposes to practice, that is to say: If he be a resident of this State, an oath that he will support the Constitution of the United States and the Constitution of the State of West Virginia, honestly demean himself in the practice of the law, and to the best of his ability execute his office of attorney at law; if he be not a resident of this State, an oath that he will support the Constitution of the United States, honestly demean himself in the practice of the law, and to the best of his ability execute his office of attorney at law.(Code 1849, c. 164, §3; Code 1860, c. 164, §3; 1866, c. 30; 1868, c. 33, §3; Code 1868, c. 119, §3; 1870, c. 15, §3; 1882, c. 116, §3; Code 1923, c. 119, §3.)

§4. Practice Without License or Oath; Penalty; Qualification After Institution of Suits.—It shall be unlawful for any natural person to practice or appear as an attorney at law for another in a court of record in this State, or to make it a business to solicit employment for an attorney, or to furnish an attorney or counsel to render legal services, or to hold himself out to the public as being entitled to practice law, or in any other manner to assume, use, or advertise the title of lawyer, or attorney and counselor at law, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law, or in any manner to advertise that he, either alone or together with other persons, has, owns, conducts or maintains a law office, without first having been duly and regularly licensed and admitted to practice law in a court of record of this State, and without having subscribed and taken the oath required by the next preceding section. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars; but this penalty shall not be incurred by any attorney who institutes suits in the circuit courts after obtaining a license, if he shall qualify at the first term thereafter of a circuit court of any county of the circuit in which he resides.(Code 1849, c. 164, §4; Code 1860, c. 164, §4; Code 1868, c. 119, §4; 1882, c. 116, §4; 1921, c. 78, §§4, 4b; Code 1923, c. 119, §§4, 4b.)

§5. Practice by Corporations or Voluntary Associations; Penalties; Limitations of Section.—It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney at law for any person in any court of this State or before any judicial body, or to hold itself out to the public as being entitled to practice law, or to render or furnish legal services or advice, or to furnish an attorney or counsel to render legal services of any kind in actions or proceedings of any nature, or in any other manner to assume to be entitled to practice law, or assume, use or advertise the title of lawyer in such manner as to convey the impression that it is entitled to practice law or to furnish legal advice, services or counsel, or to advertise that, either alone or together with or by or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts or maintains a law office for the practice of law, or for furnishing legal advice, services or counsel. It shall be unlawful further for any corporation or voluntary association to solicit, itself or by or through its officers, agents or employees, any claim or demand for the purpose of bringing an action thereon, or of settling the estate of any insolvent debtor, or of representing as attorney at law, or of furnishing legal advice, services or counsel to, a person sued or about to be sued in any action or proceeding, or against whom an action or proceeding has been or is about to be brought, or who may be affected by any action or proceeding which has been or may be instituted in any court or before any judicial body, or for the purpose of so representing any person in the pursuit of any civil or criminal remedy. Any corporation or voluntary association violating the provisions of this section, or any officer, trustee, director, agent, or employee of such corporation or voluntary association who directly or indirectly engages in any of the acts herein prohibited, or assists such corporation or voluntary association to do such prohibited acts, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars. The fact that any such officer, trustee, director, agent or employee shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited herein, nor shall such fact be a defense upon the trial of any of the persons mentioned herein for a violation of the provisions of this section.

This section shall not apply to a partnership composed of licensed attorneys, or to a corporation or voluntary association lawfully engaged in examining and insuring the titles to real property, nor shall it prohibit a corporation or voluntary association from employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may be a party, nor shall it apply to organizations organized for benevolent or charitable purposes, or for the purpose of assisting persons without means in the pursuit of any civil remedy.(1921, c. 78, §4a; Code 1923, c. 119, §4a.)

§6. Annulment or Suspension of License for Conviction of Felony or Crime Involving Moral Turpitude.—Any court before which any attorney has been qualified, on proof being made to it that he has been convicted of any felony, or any other crime involving moral turpitude, shall annul his license to practice therein or suspend the same for such time as the court may prescribe.(Code 1849, c. 164, §5; Code 1860, c. 164, §5; Code 1868, c. 119, §5; 1882, c. 116, §5; Code 1923, c. 119, §5.)

§7. Suspension or Annulment of License for Malpractice; Appeal.—If the supreme court of appeals or any court of record of this State, except the county court, observe any malpractice therein by any attorney, or if complaint, verified by affidavit, be made to any such court of malpractice by any attorney therein, such court shall order the attorney to be summoned to show cause why his license shall not be suspended or annulled. A summons shall thereupon be issued by the clerk of such court containing a copy of the charges and requiring the attorney to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service shall be made at least five days before the return day thereof. Upon the return of the summons executed, if the attorney appear and deny the charge of malpractice, the court shall, without a jury, try the same. If the attorney be found guilty by the court, or if he fail to appear and deny the charge, the court may either suspend or annul the license of such attorney as in its judgment shall seem right.

Whenever a judgment or decree shall be standing or rendered in any of said courts against an attorney for money collected by him as such, it shall be the duty of such court to suspend the license of such attorney until such judgment or decree shall be satisfied.

An appeal shall lie from any court of record of limited jurisdiction established under the provisions of section nineteen of article eight of the Constitution of this State, to the circuit court of the county, and from any circuit court to the supreme court of appeals of the State, from any order suspending or annulling the license of any attorney proceeded against under the provisions of this section.(Code 1849, c. 164, §6; Code 1860, c. 164, §6; Code 1868, c. 119, §6; 1872-3, c. 145, §6; 1882, c. 116, §6; Code 1923, c. 119, §6.)

§8. Security for Good Behavior; Contempt.—Nothing in the preceding section shall affect the right of any court to require from an attorney therein security for his good behavior, or to fine him for a contempt of the court.(Code 1849, c. 164, §7; Code 1860, c. 164, §7; Code 1868, c. 119, §7; 1882, c. 116, §7; Code 1923, c. 119, §7.)

§9. Revocation, Annulment or Suspension of License Effective Throughout the State.—Any revocation, annulment or suspension of a license to practice law shall operate and be effective throughout the State.

§10. Clerk and Sheriff or Their Deputies Not to Act as Attorneys.—If any clerk, sheriff, or any deputy of either, or any person interested in the profits of any such office, shall act as attorney at law in any case in any court of which such clerk or sheriff is an officer, he shall forfeit thirty dollars.(Code 1849, c. 164, §8; Code 1860, c. 164, §8; Code 1868, c. 119, §8; 1882, c. 116, §8; Code 1923, c. 119, §8.)

§11. Liability of Attorney to Client for Neglect of Duty.—Every attorney at law shall be liable to his client for any damages sustained by the client by the neglect of his duty as such attorney.(Code 1849, c. 164, §9; Code 1860, c. 164, §9; Code 1868, c. 119, §9; 1882, c. 116, §9; Code 1923, c. 119, §9.)

§12. Liability of Attorney or Agent for Loss of Debt or Money.—If any attorney at law or agent shall, by his negligence or improper conduct, lose any debt or other money of his client, he shall be charged with the principal of what is so lost, and interest thereon, in like manner as if he had received such principal, and it may be recovered from him by suit or motion.(1882, c. 116, §10; Code 1923, c. 119, §10.)

§13. Liability of Attorney for Failure to Pay Over Moneys Collected; Penalty.—If any attorney receive money for his client as such attorney and fail to pay the same on demand, or within six months after receipt thereof, without good and sufficient reason for such failure, it may be recovered from him by suit or motion; and damages in lieu of interest, not exceeding fifteen per cent per annum until paid, may be awarded against him, and he shall be deemed guilty of a misdemeanor and be fined not less than twenty nor more than five hundred dollars.(Code 1849, c. 164, §10; Code 1860, c. 164, §10; Code 1868, c. 119, §10; 1879, c. 77, §1; 1882, c. 116, §11; Code 1923, c. 119, §11.)

§14. Disbarment for Such Offense.—Any attorney convicted under the next preceding section shall, in addition to the punishment therein prescribed, be disbarred from practicing as an attorney in any of the courts of this State, and the same shall be entered by the court as part of its judgment.(1879, c. 77, §3; 1882, c. 116, §12; Code 1923, c. 119, §12.)

§15. Compensation.—An attorney shall be entitled for his services as such to such sums as he may contract for with the party for whom the service is rendered; and, in the absence of such contract, he may recover of such party what his services were reasonably worth.(Code 1849, c. 164; Code 1860, c. 164, §11; Code 1868, c. 119, §11; 1882, c. 116, §13; Code 1923, c. 119, §13.)

§16. Solicitation of Employment by or for Attorney in Cases of Personal Injury or Death; Limitation of Section; Penalty.—It shall be unlawful for any attorney at law, either himself or by or through an agent, employee or other person acting on his behalf, to solicit in this State another person to employ, or procure or bring about the employment of, said attorney at law or any other attorney at law for the purpose of presenting, making, collecting, enforcing or prosecuting a claim, suit or action for damages for personal injury or death. It shall be unlawful for any person, as agent or employee or otherwise acting on behalf of an attorney at law, to solicit in this State another person to employ, or procure or bring about the employment of, said attorney at law or any other attorney at law for the purpose of presenting, making, collecting, enforcing or prosecuting such a claim, suit or action for damages. The solicitation by any person of another person to employ, or procure or bring about the employment of, any attorney at law for the purpose of presenting, making, collecting, enforcing or prosecuting such a claim, suit or action for damages, if followed by the employment of said attorney for such purposes, shall, in any prosecution of such person so soliciting, be prima facie evidence that such person so soliciting was an agent, employee or acting on behalf of said attorney at law.

Nothing in this section shall be construed to prohibit any person from employing or furnishing any attorney at law for the purpose of presenting, making, collecting, enforcing, prosecuting or defending against a claim, suit or action to which such person is or may be a party, or on, in or by reason of which such person is or may be directly or indirectly liable to pay or respond in money, or to prohibit any attorney at law so employed or furnished from presenting, making, collecting, enforcing, prosecuting or defending against said claim, suit or action. Nothing in this section shall be construed to prohibit any benevolent or charitable organization from assisting persons without means in the pursuit of any civil remedy. Nothing in this section shall impair or affect the disciplinary powers of the courts over attorneys at law and counsel appearing or practicing therein. In the construction of this section the words “attorney at law” shall be applied to and include any attorney at law, whether admitted or licensed to practice, or practicing, law in this State or in any other place or in any court thereof.

Any person violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail not more than six months, or both.(1927, c. 60.)

§1. Evidence of Qualification to Practice and License Required.—Any person practicing or offering to practice medicine and surgery in this State shall be required to submit evidence that he is qualified so to practice, and shall be licensed as hereinafter provided.

§2. Who Deemed Practitioner; Limitations of Article.—The term “practice medicine and surgery,” as used in this article, shall be construed to mean the treatment of any human ailment or infirmity by any method. To open an office for such purpose or to announce to the public in any way a readiness to treat the sick or afflicted shall be deemed to engage in the practice of medicine and surgery within the meaning of this article: Provided, however, That the provisions of this article, with the exception of sections eight and ten, shall not apply to dentists, dental hygienists, nurses, optometrists, chiropodists, osteopathic physicians and surgeons, midwives, or chiropractors, regularly licensed or registered as such under the provisions of this chapter applicable to such professions and occupations, in the practice of their respective professions and occupations; nor to physicians or surgeons living in other states and duly qualified to practice medicine therein, who shall be called in consultation into this State by a physician or surgeon legally entitled to practice medicine and surgery in this State; nor to commissioned officers of the United States army, navy or marine hospital service, when in the actual discharge of their duties as such.(1881, c. 60, §12; 1882, c. 93, §§9, 12; 1889, c. 22, §9; 1895, c. 7, §9a; 1907, c. 66, §9; 1915, c. 11, §12; 1921, c. 136, §1; Code 1923, c. 150, §§8a, 9; 1923, c. 39, §9; 1929, c. 75, §9.)

§3. Examination by State Public Health Council.—The state public health council shall, in addition to its other duties, examine all applicants for license to practice medicine and surgery in this State, and issue certificates of license to all applicants who are legally entitled to receive the same; and said certificates shall be signed by the president of the council and by the commissioner of health as secretary thereof.(1915, c. 11, §12; Code 1923, c. 150, §8a.)

§4. Who Permitted to Practice Medicine and Surgery in This State; Licensing of Licensed Practitioners From Other States; Permits to Practice in Prescribed Areas.—The following persons and no others shall hereafter be permitted to practice medicine and surgery in this State: (a) All such persons as shall be legally entitled to practice medicine and surgery in this State at the time of the adoption of this Code; (b) all such persons as shall be graduates of class “A” medical schools, as classified by the council on education of the American Medical Association, the American Association of Medical Colleges, the American Institute of Homeopathy and the National Eclectic Medical Association, and then only from such schools, when so classified, as require, as a condition to entrance upon the study of medicine, at least two years of academic work of collegiate grade in a standard college of arts and sciences of equal rank with the college of arts and sciences in the West Virginia university, and who shall pass an examination before the state public health council and shall receive a certificate therefrom as hereinafter provided: Provided, however, That the public health council, or a majority of them, may accept, in lieu of an examination, the certificate of the national board of medical examiners, or the certificate of license to practice medicine and surgery legally granted by the state board of registration or examination or licensing board of another state, territory or any foreign country, whose standard of qualification for the practice of medicine and surgery is equivalent to that of this State, and grant to such applicant a certificate of license to practice medicine and surgery in this State, provided such state, territory or foreign country accords like privileges to licentiates of this State: Provided further, That whenever in the judgment of the public health council a condition exists in which medical service may be required, the council is authorized to grant permits for the practice of medicine to qualified physicians in prescribed areas, and such permits shall be subject to revocation when the agreement, under which they were issued, has been violated.(1881, c. 60, §9; 1882, c. 93, §9; 1889, c. 22, §9; 1895, c. 7, §9; 1907, c. 66, §9; 1921, c. 136, §1; Code 1923, c. 150, §9; 1923, c. 39, §9; 1929, c. 75, §§9, 9a.)

§5. Examinations; Certificates; Adherents of Particular Schools or Theories of Medicine.—The public health council shall, at such times as a majority of them deem proper, hold examinations for the licensing of applicants for license to practice medicine and surgery in this State. No fewer than two examinations shall be held during the year, and at such points in the State as shall be most convenient for those presenting themselves for examination, or for the public health council. At such examination written and oral questions shall be submitted to the applicants, covering all the essential branches of the sciences of medicine and surgery, and the examination shall be a thorough and decisive test of the knowledge and ability of the applicants. The president and secretary of the public health council shall issue certificates to all who successfully pass the said examination and to all whose certificates said public health council, or a majority of them, shall accept in lieu of an examination, as hereinbefore provided. Such certificates shall be deemed licenses to practice medicine and surgery in all their branches in this State. The public health council shall give reasonable notice of the time and place of holding such examinations in at least three newspapers of general circulation in this State, and all such persons wishing to present themselves for examination shall notify the secretary and comply with the rules of the public health council. No applicant for license to practice medicine and surgery in this State shall be rejected because of his adherence to any particular school or theory of medicine. The public health council shall call to their assistance in the examination of any applicant who professes the homeopathic or eclectic school of medicine, a homeopathic or eclectic physician entitled to practice medicine in this State under this article, and such homeopathic or eclectic physician so called to the assistance of the public health council shall be allowed the same per diem and actual expenses incurred as are allowed the regular members of the public health council.(1881, c. 60, §§9, 12; 1882, c. 93, §§9, 12; 1889, c. 22, §9; 1895, c. 7, §§9, 9a; 1907, c. 66, §9; 1921, c. 136, §1; Code 1923, c. 150, §9; 1923, c. 39, §9; 1929, c. 75, §9.)

§6. Refusal to Issue, Suspension or Revocation of License.—The public health council may refuse to grant a certificate of license to a person guilty of felony or gross immorality or addicted to drunkenness or the habitual use of narcotic drugs, and may suspend or revoke a certificate for like cause, or for malpractice, or for fraud in procuring the certificate; but no such refusal, suspension or revocation shall be ordered by reason of the individual belonging to or practicing in any particular school or system of medicine.(1881, c. 60, §10; 1882, c. 93, §10; 1887, c. 64, §10; Code 1923, c. 150, §10.)

§7. Fees.—The public health council shall be entitled to charge and collect the following fees, in addition to those provided in article one of this chapter: For granting to a licensed physician or surgeon from another state, territory or foreign country, a license to practice medicine in this State, under the provisions of section four of this article, one hundred dollars; for a reciprocal indorsement, ten dollars.(1881, c. 60, §11; 1882, c. 93, §11; 1907, c. 66, §11; 1917, c. 54, §11; Code 1923, c. 150, §11; 1927, c. 34.)

§8. Division of Fees by Physicians or Surgeons; Penalties; Revocation of Certificate.—It shall be unlawful for any physician or surgeon in this State, directly or indirectly, to divide, or agree to divide, any fee or compensation of any sort whatsoever, charged for a surgical operation or for medical services, with any other physician, surgeon or other person who brings, sends or recommends a patient to such surgeon or physician for treatment, without the express knowledge and consent, previously had, of the person paying such fee or compensation, or against whom the same may be charged. It shall be unlawful for any physician, surgeon or other person residing in this State to accept any fee or other compensation from any other surgeon, physician or other person not residing in this State for taking, sending or recommending a patient for treatment to such nonresident physician, surgeon or other person. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars for each offense, and, in the discretion of the court, may be imprisoned in the county jail not to exceed twelve months in addition to said fine. If any person shall be convicted of a second offense under the provisions of this section, the state public health council shall revoke the certificate licensing such person to practice medicine and surgery in this State.(1917, c. 52, §§1-4; Code 1923, c. 150, §12.)

§9. Practicing Without License; Other Offenses; Penalties.—Any person who shall practice or attempt to practice medicine and surgery in this State without first having been licensed for that purpose as herein provided, or who shall violate any of the provisions of this article for which no specific penalty is provided herein, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined for every such offense not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not less than one nor more than twelve months, or both fined and imprisoned, in the discretion of the court. And if any person shall file or attempt to file, as his own, the diploma or certificate of another, or shall file or attempt to file a false or forged affidavit of his identity, or shall wilfully swear falsely to any question which may be propounded to him on examination, as herein provided for, or to any affidavit required to be made or filed by him, he shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than three years, or imprisoned in the county jail not less than six nor more than twelve months, and fined not less than one hundred nor more than five hundred dollars, at the discretion of the court.(1881, c. 60, §15; 1882, c. 93, §15; Code 1923, c. 150, §15.)

§10. False Diploma of Graduation From Medical School; Penalty.—Whoever shall make, issue or publish for the purpose of sale, barter or gift, a certificate, diploma or other writing or document falsely representing the holder or receiver thereof to be a graduate of any particular medical school, college or educational institution of medicine, and entitled to the powers, privileges or degrees thereby pretended to be conferred, or whoever shall sell, dispose of, or offer to sell or dispose of, such diploma, certificate, writing or document containing such false representation, or whoever shall use his name, or permit it to be used, as a subscriber to such false and fictitious diploma, certificate, writing or document, or shall engage in the practice of medicine or surgery under and by virtue of such fraudulent diploma, certificate, writing or document, shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement in the state penitentiary for a period of not less than one year, nor more than three years, and in addition thereto shall be subject to a fine of not less than one hundred nor more than one thousand dollars.(1925, c. 24, §1.)

§1. Evidence of Qualification to Practice and License Required.—Any person practicing or offering to practice dentistry or dental hygiene in this State shall be required to submit evidence that he is qualified so to practice, and shall be licensed as hereinafter provided, and it shall be unlawful for any person to practice or offer to practice dentistry or dental hygiene in this State except under the provisions of this article.

§2. Who Deemed Practitioner of Dentistry; Limitations of Article.—Any person shall be regarded as practicing dentistry within the meaning of this article, who shall diagnose or profess to diagnose, or treat or profess to treat, any of the diseases or lesions of the oral cavity, teeth, gums or maxillary bones, or shall prepare or fill cavities in human teeth, correct malposition of teeth or jaws, or supply artificial teeth as substitutes for natural teeth, or administer anaesthetics, general or local, in connection with any of said work, or perform any other work included in the curricula of recognized dental colleges. To open an office for the practice of dentistry, or to announce to the public in any way a readiness to do any act defined herein as being dentistry, shall be deemed to engage in the practice of dentistry within the meaning of this article: Provided, however, That nothing in this article shall be so construed as to prevent a regularly licensed physician and surgeon from extracting teeth or treating any disease coming within the province of the practice of medicine; or to prohibit an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory; or to prevent a bona fide student of dentistry from performing dental operations under the supervision of competent instructors within a dental school or college or the dental department of a university recognized by the dental educational council of America, or to apply to a bona fide student of dentistry in the clinic rooms of a reputable dental school, college or department, or under the direct supervision of a preceptor who is licensed to practice dentistry in this State.[1897, c. 29, §29a; 1907, c. 69, §29a; 1915, c. 32, §29a(10) (16) (20); Code 1923, c. 150, §29a(10) (16) (20); 1929, c. 74, §29a(5).]

§3. Who Deemed Practitioner of Dental Hygiene.—Any person other than a regularly licensed dentist shall be said to be practicing dental hygiene within the meaning of this article, who shall remove deposits, accretions and stains from the exposed surface of the teeth and polish the same, or shall practice the use of escharotic drugs in or about the teeth, or shall make dental examinations of teeth and diagnose diseases of the same.[1921, c. 140, §3b; Code 1923, c. 150, §29aa(7); 1929, c. 74, §29a(6).]

§4. Board of Dental Examiners.—There shall be a state board of dental examiners, known as the “West Virginia Board of Dental Examiners,” which shall consist of five practicing dentists, who shall be appointed by the governor, by and with the advice and consent of the senate. Each member of the board shall be a graduate of a dental school or college or of the dental department of a university recognized by the dental educational council of America, and at the time of his appointment shall have been an actual resident and licensed practicing dentist of this State for a period of five years or more immediately preceding his appointment: Provided, however, That no person shall be eligible to appointment to said board who is in any way connected with or interested in any dental college or dental department of any institution of learning or a dental supply business.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, after this Code takes effect, and on or before the first day of July of each year thereafter, the governor shall appoint one member to serve for a term of five years, commencing on said first day of July, and any member shall be eligible for reappointment for one additional consecutive term.[1881, c. 45, §§1, 2; 1883, c. 16, §2; 1897, c. 29, §29a; 1907, c. 69, §29a; 1915, c. 32, §29a(1); Code 1923, c. 150, §29a(1); 1929, c. 74, §29a (1).]

§5. License Required as Prerequisite to Practice of Dentistry; Exceptions; Temporary Licenses.—No person shall practice or offer to practice dentistry in this State without first applying for and obtaining a license for such purpose from the West Virginia board of dental examiners, and this provision shall apply to all persons, whether they have heretofore practiced dentistry in this State or not, except such persons as have heretofore been licensed, or who were engaged in the practice of dentistry in the State of West Virginia before the passage of any law by this State regulating such practice.

A director of a dental clinic established under an act of the legislature may file the names of one or more dentists who are graduates of a reputable dental school or a dental department of a university, or the names of one or more dental hygienists licensed to practice in one or more states, and graduates of an authorized hygienist school in any country, with the secretary of the state board of dental examiners, who shall issue to him a temporary license for one year to practice while employed by such dental clinic. The director of such clinic shall pay a fee of five dollars for each temporary license under this section. The board of dental examiners shall grant a temporary license to any graduate of a recognized school for the training of dental hygienists who is possessed of a license to practice dental hygiene in another state or territory: Provided, That such temporary license shall terminate at the next succeeding examination for the purpose of granting license to practice dental hygiene, and that such temporary license shall not be renewed.[1881, c. 45, §1; 1897, c. 29, §29a; 1907, c. 69, §29a; 1915, c. 32, §29a (3); Code 1923, c. 150, §29a (3); 1929, c.74, §29a (10).]

§6. Qualifications of Applicant for License; Examination.—An applicant for a license shall be of good moral character, at least twenty-one years of age at the time of making the application, and the application shall be accompanied by satisfactory evidence that he is possessed of a general education equal to that required for graduation from a first class high school in this State, and a graduate of and has a diploma from the faculty of a reputable dental college, dental school, or dental department of a reputable university rated as Class A or Class B by the dental educational council of America. The applicant shall pass an examination in the following branches: Anatomy, physiology, bacteriology, histology, pathology, materia medica, therapeutics, anaesthetics, chemistry, metallurgy, oral surgery, operative-dentistry, prosthetic-dentistry, orthodontia, and such others as the board may from time to time deem proper. The examination shall be both written and clinical, and of such character as to thoroughly test the qualifications of the applicant to practice dentistry. The board may, in its discretion, refuse to grant a license to any person whom they find guilty of cheating, deception or fraud during such examination. All manuscripts used in any examination shall be filed by the secretary of the board for safe keeping for a period of one year.[1881, c. 45, §2; 1883, c. 16, §2; 1897, c. 29, §29a; 1907, c. 69, §29a; 1915, c. 32, §29a(3)(21); Code 1923, c. 150, §29a(3) (21); 1929, c. 74, §29a(7).]

§7. Refusal to Issue, Suspension or Revocation of License; Grounds.—The state board of dental examiners may refuse to issue a license, or may suspend or revoke the same, for any of the following causes: The presentation to the board of any diploma, license or certificate illegally or fraudulently obtained, or one obtained from an institution which is not reputable, or an unrecognized or irregular institution or state board; the practice of any fraud or deception; the commission of a criminal operation or conviction of a crime involving moral turpitude; chronic or persistent inebriety or addiction to drugs; or if the person holding such license shall advertise to practice dentistry without causing pain, or shall in any other manner advertise with a view of deceiving or defrauding the public, or advertise to use any drug, nostrum, patent or other proprietary drug or medicine of any unknown formula, or be guilty of any grossly unprofessional conduct.[1915, c. 32, §29a(6); Code 1923, c. 150, §29a(6).]

§8. Issuance of Licenses to Dentists From Other States.—The board may, at its discretion, after an oral or clinical examination, issue a license to practice dentistry to a legal and ethical practitioner of dentistry who removes to West Virginia from another state in which he conducted a legal practice of dentistry immediately preceding his removal: Provided, That such applicant shall present a certificate from the dental board, or a like board, of the state or territory from which he removes, certifying that he is a legal, competent dentist, and of good moral character: Provided further, That such certificate shall be presented to the West Virginia board of dental examiners within six months after the date of its issue, and that the board of such other state or territory shall permit in like manner by law the recognition of licenses issued by the West Virginia board of dental examiners when presented to such other board by legal practitioners of dentistry from this State who may wish to remove to or practice in such other state or territory.[1915. c. 32, §29a(13); Code 1923, c. 150, §29a(13); 1929, c. 74, §29a(10).]

§9. Certificates for Licensed Dentists of This State Who Desire to Move to Other States.—Any one who is a legal and competent practitioner of dentistry in this State, of good moral character, and known to the board of dental examiners as such, who shall desire to change his residence to another state or territory or foreign country, shall, upon application to said board of dental examiners, receive a special certificate over the signature of the president and secretary of said board and bearing its seal, which shall attest the facts above mentioned and give the date upon which he was licensed.[1915, c. 32, §29a(14); Code 1923, c. 150, §29a (14); 1929, c. 74, §29a(11).]

§10. Fees for Licenses and Certificates Issued Under the Provisions of the Two Preceding Sections.—The fee for issuing the license to a legal practitioner from another state, as provided in section eight of this article, shall be fifty dollars, and the fee for issuing a certificate to a legal practitioner in this State, as provided in section nine of this article, shall be five dollars, and in each case the fee shall be paid before the license or certificate, respectively, is issued.[1915, c. 32, §29a(15); Code 1923, c. 150, §29a(15); 1929, c. 74, §29a(12).]

§11. Right of Dentist to Prescribe Drugs and Perform Surgical Operations; Prescriptions.—A dentist or dental surgeon shall have the same rights to prescribe drugs or medicines, perform such surgical operations, administer general or local anaesthetics, and use such appliances as may be necessary to the proper treatment of the special class of diseases mentioned in this article, as are enjoyed by registered physicians in this State. Druggists of this State shall fill prescriptions of legally licensed dentists in this State for any drugs necessary for the practice of dentistry.[1915, c. 32, §29a(19); Code 1923, c. 150, §29a (19); 1929, c. 74, §29a (19).]

§12. Practice of Dentistry Under Trade Name or Firm Name.—No person shall practice, or offer or undertake to practice, dentistry under any firm name or trade name, or under any name other than his own true name: Provided, That nothing herein contained shall prohibit the practice of dentistry by a partnership under a firm name containing nothing but the surname of every member of such partnership.[1915, c. 32, §29a (12); Code 1923, c. 150, §29a (12); 1929, c. 74, §29a (13).]

§13. Dental Hygienists; Permitted Operations; Revocation of Licenses.—Any licensed dentist may employ assistants who shall be known as dental hygienists. Such dental hygienists may remove the lime deposits, accretions and stains from the exposed surfaces of the teeth and directly beneath the free margin of the gum, or administer prophylatic treatment to teeth and gums, but shall not perform any other operation on the teeth or on any diseased tissues of the mouth. They may practice in the office of any licensed dentist under his direct supervision, or in any industrial clinic, school clinic or state institutional clinic where they may practice under the general supervision of a licensed dentist. The state board of dental examiners may revoke the license of any dental hygienist who shall perform any operation other than that permitted under the provisions of this section or who shall violate any provisions of this article relating to dental hygienists.[1921, c. 140, §1; Code 1923, c. 150, §29aa (1); 1929, c. 74, §29a(14).]

§14. Prerequisites to Practice of Dental Hygiene.—No person, who has not heretofore been licensed as a dental hygienist in this State, shall practice as a dental hygienist in this State until he has passed an examination given by the West Virginia board of dental examiners under such rules and regulations as it may formulate. The fee for the examination shall be ten dollars, and any applicant failing to pass it shall be entitled to one additional examination without further cost. The fee for every reexamination after the first shall be five dollars. The board of dental examiners shall issue licenses to practice dental hygiene in this State to those who have passed such examination: Provided, however, That no person shall be entitled to such license unless he be at least eighteen years of age, of good moral character, a graduate of a class “A” high school or its equivalent, and a graduate of a training school for dental hygienists approved by the board of dental examiners; but where the applicant is not permitted to attend such school for dental hygienists, a license shall be issued to him if he possess all other requirements herein mentioned and pass the required examination.[1921, c. 140, §2; Code 1923, c. 150, §29aa(2); 1929, c. 74, §29a(15).]

§15. Nature of Examination.—The examination of an applicant for a license to practice dental hygiene shall be both practical and theoretical, as follows:

(a) Practical examination: Each applicant shall bring a patient upon whose teeth tartar deposits can be distinctly seen. The patient shall have at least twenty-four natural teeth present in his mouth. No attempt shall be made to cleanse the mouth previous to the examination.

The examination shall consist of (1) scaling and polishing the teeth of this patient; (2) instructing the patient on the home care of the mouth, including instruction in the use of the tooth brush; (3) oral quizzing by the examiners.

The applicant shall come provided with suitable instruments and accessories, including two tooth brushes, to perform the above-mentioned operations. Chairs, tables and cuspidors only shall be furnished by the board;

(b) Theoretical examination: (1) anatomy; (2) physiology; (3) dental histology; (4) bacteriology and sterilization; (5) dental cares and malocclusion; (6) oral prophylaxis.[1921, c. 140, §2c; Code 1923, c. 150, §29aa(4).]

§16. Dental Hygienists From Other States Who Desire to Practice in This State; Qualifications.—The board of dental examiners may, at its discretion, without the examination herein provided, issue a license to practice dental hygiene to any applicant therefor, who shall furnish proof satisfactory to the board that he has been duly licensed to practice as a dental hygienist in another state after full compliance with the requirements of its dental laws: Provided, however, That his professional and preliminary education shall not be less than that required in this State, and that he shall have been in active practice at least two years previous to his application for a license. The fee for issuing a license to a legal practitioner of dental hygiene from another state shall be ten dollars, which shall be paid before the license is issued.[1921, c. 140, §3; Code 1923, c. 150, §29aa(5); 1929, c. 74, §29a(17).]

§17. Filing Diploma or License of Another or Forged Affidavit; Penalty.—Any applicant for license to practice dentistry or dental hygiene who shall file or attempt to file as his own the diploma or license of another, or a forged affidavit of identification or qualification, shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than three years, or imprisoned in the county jail not less than six nor more than twelve months, and fined not less than one hundred nor more than five hundred dollars, at the discretion of the court.[1915, c. 32, §29a(9); Code 1923, c. 150, §29a(9); 1929, c. 74, §29a(18).]

§18. Practicing Dentistry or Dental Hygiene Without Complying With Provisions of This Article; Penalty.—Any person who shall practice or offer to practice dentistry or dental hygiene in this State without first having complied with the provisions of this article, or who shall violate any of its provisions for which no specific penalty has been provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, or may be confined in jail for not more than thirty days, or both, at the discretion of the court. Each act of dentistry or dental hygiene shall be deemed a separate offense and shall constitute a practice of dentistry or dental hygiene within the meaning of this section, and each day that a person may hold himself out as practicing in his own or any name shall be deemed a separate offense.[1881, c. 45, §3; 1897, c. 29, §29a; 1907, c. 69, §29a; 1915, c. 32, §29a(16); 1921, c. 140, §3a; Code 1923, c. 150, §§29a(16), 29aa(6).]

§1. When Registered Pharmacist Required; Special Provision for Villages of Not More Than Five Hundred Inhabitants; Person Not a Registered Pharmacist or Assistant Pharmacist Not to Compound Prescriptions or Dispense Poisons or Narcotics; Exception.—It shall be unlawful for any person not a registered pharmacist within the meaning of this article, who does not employ a registered pharmacist within the meaning of this article, to conduct any pharmacy, drug store, apothecary shop or store for the purpose of retailing, compounding or dispensing medicines, poisons or narcotic drugs: Provided, That in any village of not more than five hundred inhabitants where there is no registered pharmacist within less than two miles of such village, the board of pharmacy may grant to any person who is a registered assistant pharmacist a permit to conduct a drug store or pharmacy in such village, which permit shall not be valid in any other village than the one for which it was granted, and shall cease and determine when the population of the village for which such permit was granted shall be come greater than five hundred. It shall be unlawful for the proprietor of any store or pharmacy to permit any person not a registered pharmacist or registered assistant pharmacist to compound or dispense the prescriptions of physicians, or to retail or dispense the poisons and narcotic drugs named in sections two, three and six, article eight, chapter sixteen of this Code, except as an aid to and under the superision of a registered pharmacist or registered assistant pharmacist.[1881, c. 52, §§1, 2; 1882, c. 112, §§1, 2; 1907, Ex. Sess., c. 12, §§1, 2; Code 1923, c. 150, §29b(1), (2).]

§2. Use of Titles “Pharmacist” or “Assistant Pharmacist,” “Drug Store” or “Drugs.”.—It shall be unlawful for any person not legally registered as a pharmacist, unless he has in his employ a registered pharmacist, to take, use or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title of druggist or apothecary, or any other title or description of like import, or to label, mark, or advertise his or any other place of business as a “drug store,” or by the use of the word “drugs” or any other compound or derivative of the same, or by any other word or sign indicating or intended to indicate that drugs or pharmaceutical supplies are either sold or offered for sale. And it shall be unlawful for any person not legally registered as an assistant pharmacist to take, use exhibit the title of assistant pharmacist, or any title or description of like import.[1881, c. 52, §10; 1882, c. 112, §10; 1907, Ex. Sess., c. 12, §19; Code 1923, c. 150, §29b(19); 1925, c. 21, §19.]

§3. Board of Pharmacy.—There shall be a state board of pharmacy, known as the “West Virginia Board of Pharmacy,” which shall consist of five practicing pharmacists, who shall be appointed by the governor by and with the advice and consent of the senate. Each member of the board, at the time of his appointment, shall be a citizen and registered pharmacist of this State, and actively engaged in the practice of pharmacy.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one and on or before the first day of July of each year thereafter, the governor shall appoint one member to serve for a term of five years, commencing on said first day of July, and any member shall be eligible for reappointment.[1881, c. 52, §3; 1882, C. 112, §3; 1907, Ex. Sess., c. 12, §3; 1915, c. 34, §29b(3); Code 1923, c. 150, §29b(3).]

§4. Qualifications of Applicant for Registration as Pharmacist or Assistant Pharmacist; Certificates of Registration.—In order to be registered as a pharmacist within the meaning of this article, an applicant shall be a citizen of the United States, not less than twenty-one years of age, shall present to the board of pharmacy satisfactory evidence that he is a graduate of a recognized school of pharmacy, as defined by the board of pharmacy, and in addition thereto he shall have had at least two years of practical experience in a drug store under the instruction and supervision of a registered pharmacist, and shall pass a satisfactory examination by or under the direction of the board of pharmacy.

In order to be registered as an assistant pharmacist within the meaning of this article, an applicant shall be not less than eighteen years of age, shall have attended and successfully passed the final examinations of at least one year in a recognized school of pharmacy, as defined by the board of pharmacy, and in addition thereto shall have had at least two years of practical experience in a drug store under the instruction and supervision of a registered pharmacist, and shall pass a satisfactory examination by or under the direction of the board of pharmacy: Provided, however, That if such applicant for registration as an assistant pharmacist has successfully passed the final examinations of two or more years in such recognized school of pharmacy, he shall be required to have only one year of practical experience in addition thereto, but in no event shall he be registered as an assistant pharmacist until he has had at least one year of practical experience.

Every applicant for registration as a pharmacist or assistant pharmacist shall present to the board of pharmacy satisfactory evidence that he is a person of good moral character and not addicted to drunkenness or the use of narcotic drugs. The board shall issue certificates of registration to all applicants who successfully pass the required examination and are otherwise qualified, and to all those whose certificates or licenses the board shall accept in lieu of an examination as provided in the next succeeding section.[1881, c. 52, §§5, 7; 1882, c. 112, §7; 1907, Ex. Sess., c. 12, §§11, 17; Code 1923, c. 150, §29b(11), (17); 1925, c. 21, §11.]

§5. Registration of Pharmacists and Assistant Pharmacists From Other States; Temporary Permits.—The board of pharmacy may register and admit to practice as pharmacists or assistant pharmacists in this State, without examination, such persons as have been legally registered or licensed as pharmacists or assistant pharmacists in other states: Provided, That the applicant for such registration shall present satisfactory evidence of qualification equal to that required of applicants for registration in this State, and that he was registered or licensed by examination in such other state, and that the standard of competence required in such other state is not lower than that required in this State: And provided further, That the board is satisfied that such other state accords similar recognition to registered pharmacists and registered assistant pharmacists of this State. The board may, in the interval between examinations, issue temporary permits to registered pharmacists of other states applying for the same, until the next meeting of the board, but the said permit shall not be renewed nor more than one permit granted to the same person. Applicants for registration under this section shall, with their application, forward to the secretary of the board the same fees required of other applicants for registration.[1907, Ex. Sess., c. 12, §13; 1909, c. 72, §13; Code 1923, c. 150, §29b(13).]

§6. Refusal to Issue, Suspension or Revocation of Certificate of Registration.—The state board of pharmacy shall refuse to issue a certificate of registration to a person guilty of felony or gross immorality, or addicted to drunkenness or the use of narcotic drugs, and shall suspend or revoke a certificate for like cause or for fraud in procuring it.

§7. Reports by Secretary of Board to Secretary of State; “List of Pharmacists”.—Within ninety days after this Code takes effect, the secretary of the board of pharmacy shall make a report to the secretary of state of all registered pharmacists and registered assistant pharmacists in this State, giving the name of the person, his business address, and the date of his registration. On or before the fifteenth day of each month, the secretary of the board shall certify to the secretary of state all changes in said list required by the addition of new registrations, renewals, deaths, forfeiture of registration, or for other cause, occurring during the preceding month. The secretary of state shall enter in an appropriate book, known as “list of pharmacists,” the facts shown by such reports, which reports shall be filed and preserved in his office.[1907, Ex. Sess., c. 12, §7; Code 1923, c. 150, §29b(7).]

§8. Biennial Renewal of Registrations and Permits.—Every registered pharmacist and assistant pharmacist within this State, who desires to continue in the practice of his profession, shall, on or before the first day of July following the date on which this Code takes effect, and biennially thereafter, apply to the state board of pharmacy for a renewal of his registration, or permit, and shall transmit with his application the fee prescribed by the next succeeding section of this article. If the board shall find that such applicant has been legally registered in this State, and is entitled to a renewal of the certificate or permit, it shall issue to him a renewal certificate attesting that fact. Notification of the biennial renewal shall be given by the secretary of the board at least thirty days prior to said first day of July. If any pharmacist or assistant pharmacist shall fail for a period of ninety days after said first day of July to apply to the board for a renewal of his registration, his name shall be erased from the register of registered pharmacists and assistant pharmacists, and such person, in order again to become registered, shall be required to pay the same fee as in the case of examination.[1907, Ex. Sess., c. 12, §§12, 15; Code 1923, c. 150, §29b(12), (15).]

§9. Fees.—The board of pharmacy shall be entitled to charge and collect the following fees, in addition to those provided in article one of this chapter: For the examination of an applicant for registration as an assistant pharmacist, ten dollars; for renewing the registration of a pharmacist, two dollars; for renewing the registration of an assistant pharmacist, one dollar; for issuing a permit to an assistant pharmacist to conduct a drug store in a village of not more than five hundred inhabitants, five dollars.[1881, c. 52, §6; 1907, Ex. Sess., c. 12, §16; Code 1923, c. 150, §29b(16); 1927, c. 36, §16.]

§10. Certificate of Registration or Permit Shall be Exposed.—Every certificate of registration to practice as pharmacist or assistant pharmacist, and every permit to an assistant pharmacist to conduct a drug store in a village of not more than five hundred inhabitants, and every renewal of such certificate or permit, shall be conspicuously exposed in the pharmacy or drug store or place of business of which the pharmacist or assistant pharmacist or other person to whom it is issued is the owner or manager, or in which he is employed.[1882, c. 112, §13; 1907, Ex. Sess., c. 12, §14; Code 1923, c. 150, §29b(14).]

§11. Responsibility for Quality of Drugs Dispensed; Exception.—All persons, whether registered pharmacists or not, shall be held responsible for the quality of all drugs, chemicals and medicines they may sell or dispense, with the exception of those sold in the original packages of the manufacturer and those known as “patent medicines.”[1881, c. 52, §7; 1882, c. 112, §7; 1907, Ex. Sess., c. 12, §17; Code 1923, c. 150, §29b(17).]

§12. Offenses; Penalties.—Any person who shall violate any of the provisions of sections one and two of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for each offense, be fined not exceeding two hundred dollars, or confined in the county jail not to exceed six months, or both fined and imprisoned, in the discretion of the court, and each day such violation shall continue shall be deemed a separate offense.[1907, Ex. Sess., c. 12, §27 ; 1909, c. 72, §27; Code 1923, c. 150, §29b(27); 1925, c. 21, §19.]

§13. Limitations of Article.—The provisions of this article shall not apply to the sale of patent or proprietary medicines, nor to such ordinary drugs and dyestuffs as are usually sold in a country store, but the term “ordinary drugs” shall not be held to include any of the poisons and narcotic drugs named in sections two, three and six of article eight, chapter sixteen of this Code, nor any intoxicating liquors; and nothing in this article shall be construed to interfere with any legally qualified practitioner of medicine, dentistry or veterinary medicine, who is not the proprietor of a store for the despensing or retailing of drugs, and who is not in the employ of such proprietor, in the compounding of his own prescriptions, or to prevent him from supplying to his patients such medicines as he may deem proper, if such supply is not made as a sale.[1872-3, c. 180, §2; 1881, c. 52, §11; 1882, c. 112, §11; 1883, c. 82, §11; 1907, Ex. Sess., c. 12, §29; 1909, c. 72, §29; Code 1923, c. 150, § 29b (29).]

§1. Evidence of Qualification to Practice and Registration Required.—Any person practicing or offering to practice as an embalmer in this State shall be required to submit evidence that he is qualified so to practice, and shall be registered as hereinafter provided, and it shall be unlawful for any person to practice or offer to practice as an embalmer in this State except under the provisions of this article.

§2. Board of Embalmers.—There shall be a state board of embalmers, known as the “West Virginia Board of Embalmers,” which shall consist of one embalmer from each congressional district of the State, who shall be appointed by the governor, by and with the advice and consent of the senate, from among the most competent embalmers residing in such districts. Each member of the board, at the time of his appointment, shall have been a resident and a registered practicing embalmer of this State for a period of five years or more immediately preceding his appointment.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their successors have been appointed and have qualified. On or before the first day of July following the date on which this Code takes effect, and annually thereafter, as their respective terms expire, the governor shall appoint their successors so that each year he shall appoint two members, each for a term of three years commencing on the first day of July. Any member shall be eligible for reappointment.(1899, c. 60, §1; 1905, c. 44, §1; Code 1923, c. 15E, §1.)

§3. Registration Required as Prerequisite to Practice of Embalming.—No person shall practice or offer to practice the business of embalming in this State without first applying for and obtaining a certificate of registration for such purpose from the West Virginia Board of Embalmers, as hereinafter provided.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§4. Qualifications of Applicant for Registration; Examination; Registration of Registered Embalmers From Other States.—An applicant for registration as an embalmer, who has not heretofore been licensed or registered for such purpose in this State, shall present himself before the board at a time and place to be fixed by it, and if the board shall find, upon due examination, that the applicant is of good moral character, is not addicted to drunkenness or the use of narcotic drugs, has completed to the satisfaction of the board a course consisting of at least twenty-six weeks of studies in the science of embalming, disinfection and sanitation in a regular school of embalming recognized by the board, has had at least one year of practical experience in embalming under a competent licensed or registered embalmer, and possesses knowledge of and skill in sanitation, embalming, and the disinfection of the bodies of deceased persons and of their apartments, clothing and bedding, in case of death from an infectious disease, it shall register such applicant as a duly qualified embalmer, and shall issue to him a certificate of registration authorizing him to practice the business of embalming.

The board may register and admit to practice as an embalmer in this State, without examination, any person who presents a certificate, from any state or territory of the United States, of the fact that he is a registered or licensed embalmer therein and that he has passed a successful examination in said business of embalming, and who shows to the satisfaction of the board that he is a person of good moral character and not addicted to drunkenness or the use of narcotic drugs, provided such state or territory accords like privileges to embalmers registered under the laws of this State; but such person shall not be registered until he shall have paid a registration fee of twenty-five dollars.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§5. Registration of Employee of Firm or Corporation Engaged in Business of Undertaking.—The board may, after due examination, register and admit to practice an employee of any firm or corporation engaged in the business of undertaking; but such employee shall undergo the same examination, possess the same qualifications, and pay the same fees as are required of an applicant for registration who is a resident of this State. The certificate of registration issued to such employee shall entitle the firm or corporation, as well as the said employee, to all the rights, privileges and powers given to other registered embalmers, and the said firm or corporation, and its employees, shall be subject to all the penalties, conditions and restrictions imposed upon other registered embalmers: Provided, That in no case shall the work of embalming dead bodies be done by one not a registered embalmer.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§6. Refusal to Issue, Suspension or Revocation of Certificate of Registration.—The state board of embalmers shall refuse to issue a certificate of registration to a person convicted of felony, or guilty of gross immorality, or addicted to drunkenness or the use of narcotic drugs, and shall suspend or revoke a certificate for like cause or for fraud in procuring it.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§7. Annual Renewal of Registration.—Every registered or licensed embalmer within this State, who desires to continue in the practice of his profession, shall, on or before the third Tuesday of September of each year, apply to the state board of embalmers for a renewal of his certificate, and shall transmit with his application a fee of one dollar which the board is authorized to charge and collect for such renewal. Notification of the annual renewal shall be given by the secretary of the board at least thirty days prior to said renewal date. If the board shall find that the applicant has been legally registered or licensed in this State, it shall issue to him a renewal certificate of registration attesting that fact. If any embalmer shall fail for a period of ninety days after the expiration of his certificate to make application to the board for its renewal, his name shall be erased from the register of registered embalmers, and such person, in order again to become registered, shall be required to pay the same fee as in the case of examination.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§8. Duty to Disinfect and Embalm a Dead Body; Penalty; Investigation by Prosecuting Attorney.—A registered embalmer shall, when required, disinfect and embalm the body of a deceased person, no matter how infectious the nature of the disease may be that caused his death, and shall not charge an unreasonable fee for such service; and if he fail to perform such duty, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars, and, in addition to such fine, may, at the discretion of the court, be confined in jail for not less than ten nor more than thirty days. Upon complaint to the prosecuting attorney of any county in this State by any of its citizens that they have reason to believe that the provisions of this section have been violated, the prosecuting attorney shall have the power to examine or cause to be examined any dead body within this State for the purpose of ascertaining whether there has been a violation of law.(1899, c. 60, §6; 1905, c. 44, §6; Code 1923, c. 15E, §6.)

§9. Offenses; Penalties; Limitation of Article.—Any person who shall engage in the business of embalming, or hold himself out as engaged in the business of embalming, in this State, without first having complied with the provisions of this article, or who shall violate any of its provisions for which no specific penalty has been provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than five hundred dollars, or may be confined in jail for not more than thirty days, or both, at the discretion of the court: Provided, That the provisions of this article shall apply only to that class of undertakers who practice the art of embalming.(1899, c. 60, §7; Code 1923, c. 15E, §7.)

§1. Board of Examiners for Nurses.—There shall be a state board of examiners for nurses, known as the “West Virginia Board of Examiners for Nurses,’’ which shall consist of five members, who shall be appointed by the governor by and with the advice and consent of the senate. Three members of the board shall be registered nurses who have graduated from different reputable schools for nurses giving at least a two-year course of general training, each of whom has had five years’ experience in professional nursing of the sick, and at least two years’ experience as superintendent of an accredited training school for nurses. Two members of the board shall be physicians licensed to practice medicine in this State, each of whom has had at least three years’ experience as instructor of nurses in a training school for nurses.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their successors have been appointed and have qualified. On or before the first day of July following the date on which this Code takes effect, the governor shall appoint five members of the board, one of whom he shall designate to serve for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, all commencing on said first day of July; and on the expiration of each term, and annually thereafter, he shall appoint one member to serve for a term of five years. Any member shall be eligible for reappointment.[1907, Ex. Sess., c. 11, §1; Code 1923, c. 150, §29d(1) ; 1925, c. 23, §1.]

§2. Secretary of Board.—The state board of examiners for nurses annually shall elect a secretary, who shall be an experienced graduate nurse duly registered in this State. The board shall furnish the secretary a headquarters, and shall provide such office equipment and clerical assistance as the duties of the office may require. The secretary shall receive a salary to be fixed by the board not to exceed two thousand four hundred dollars per annum, also traveling and other expenses incurred in the discharge of her official duties.

The secretary shall act as inspector of schools for nurses in this State. She shall visit and on behalf of the board shall inspect all of the schools for nurses registered hereunder, and shall investigate all cases wherein a violation of any of the provisions of this article is suspected, and upon probable cause shall lodge complaint with the board or the prosecuting attorney, and shall do all that is proper to be done in the prosecution of any complaint so filed.[1907, Ex. Sess., c. 1, §2; 1917, c. 32, §29dII; Code 1923, c. 150, §29d(2); 1925, c. 23, §§2, 3, 4.]

§3. Meetings of Board of Examiners.—The state board of examiners shall meet for the purpose of holding examinations not less than twice in each year at a time and place to be fixed by the board. Notice of the meetings for examination shall be published in at least two newspapers of general circulation in the State and at least one nursing journal and shall be mailed to every registered school for nurses in the State at least thirty days prior to the meeting. At such meetings it shall be the duty of the board to examine all applicants for registration who meet the requirements of this article, and to issue a certificate of registration to each duly qualified applicant who shall have complied with the provisions and passed the examination.[1907, Ex. Sess., c. 11, §3; 1917, c. 32, §29dIII; Code 1923, c. 150, §29d(3); 1925, c. 23, §5.]

§4. Qualifications of Applicant for Registration; Examination.—With the exception of nurses registered in other states, as hereinafter provided, no person shall receive a certificate as a registered nurse without first having been examined as to her training and fitness by the state board of examiners for nurses. The applicant for examination shall be at least twenty-one years of age, of good moral character, trustworthy, honest, and not addicted to the use of intoxicants or narcotics, and shall possess a diploma of graduation from a school for nurses registered and accredited by the board of examiners: Provided, however, That the applicant shall be eligible for examination if she has so far completed her training in an accredited school that she is to be duly graduated therefrom within three months from and after the date of the examination. In the latter case no certificate shall be issued to her until the diploma, duly attested, is presented to the board and found satisfactory.

The examination of applicants shall be of such character as to determine their qualifications and fitness to practice professional nursing as contemplated by this article, and shall include the following subjects: Theory and practice of nursing; anatomy and physiology; bacteriology and hygiene; materia medica; chemistry; history of nursing; medical nursing, including general, communicable, children’s nervous and mental diseases; surgical nursing, including general and orthopedic; gynecology; eye, ear, nose and throat; obstetrics; dietetics and cooking; bandaging and first aid; ethics of nursing; and, in the case of male applicants, genito-urinary diseases.[1907, Ex. Sess., c. 11, §§4, 5; 1917, c. 32, §29dIV; Code 1923, c. 150, §29d(4); 1925, c. 23, §7.]

§5. Accredited School for Nurses; Affiliated Schools; School Records; Advance Credit to Pupils.—An accredited school for nurses within the meaning of this article is defined to be one connected with a hospital having a daily average of at least fifteen patients, which requires its pupil nurses in training to have had at least one year of high school education, or to have successfully passed an examination, under the supervision of the superintendent of schools of the county in which the training school is situated, or of the principal of a high school in the town or city in which the training school is situated, in the subjects prescribed for the first year’s study in a standard four-year high school of the State; which does not send out its pupil nurses for private duty; which employs regularly at least one registered nurse; and which provides for its pupil nurses a three years’ continuous theoretical and practical course of training in bedside nursing, except for a vacation not to exceed four weeks each year, and a substantial course of training in each of the subjects named in the preceding section upon which applicants for certificates are to be examined by the board of examiners for nurses. Practical bedside nursing shall include the care of medical and surgical patients, male and female, obstetrical patients and children.

If a school for nurses is unable to give a full three years’ course, but provides a two years’ course and otherwise meets the requirements of an accredited school, it may affiliate for a third year’s training with an accredited three-year school which complements the training of the first by supplying the courses which the first lacks. An applicant who has completed a full three years’ course by attendance in two such affiliated schools may, in the board’s discretion, be treated as a graduate of an accredited school. A hospital which gives training to pupil nurses along special lines may, under the supervision of the board, be accredited for its particular service as an affiliated school.

Any school for nurses to receive credit under this article shall maintain accurate and current records showing in full the theoretical and practical courses of instruction given to each pupil, and shall maintain healthful and comfortable living conditions for the pupils. Schools may only give advance credit to pupils transferring from accredited schools, and then only upon a certificate from the school from which the pupil is transferred evidencing the good standing of the pupil at the time of transfer.[1917, c. 32, §29dIV; Code 1923, c. 150, §29d(4); 1925, c. 23, §8.]

§6. Procedure for School Desiring to be Accredited; Board to Report Accredited Schools.—Any school desiring to be accredited by the board of examiners for nurses shall file an application therefor with the board, together with the information required and a fee of ten dollars. Before a hospital training school can register as an accredited training school, it shall furnish to the board satisfactory data concerning its location, equipment, accommodation, rooms, personnel of faculty, the names of the physicians, surgeon and superintendent of nurses who are to be in direct charge of the training school; the number of hours to be devoted to lectures, quizzes, and laboratory work, which shall not be fewer than five hours per week for a period of not less than eight months out of each year. If, in the opinion of the board, the training school is in position and will be able to comply with the requirements of this article, the board shall issue a certificate to such school recognizing it as an accredited training school for nurses and capable of giving the pupil the benefit of the full three-year course, or a two-year course to be completed by affiliating with a training school that is recognized by the board as being capable of giving the full three-year course as required. If, in the opinion of the board, the school does not meet the requirements of this article, the board shall refuse said certificate. In its biennial report to the governor the board shall give a full list of the schools for nurses which have been accredited by it during the preceding biennial period.[1917, c. 32, §29dIV; Code 1923, c. 150, §29d(4); 1925, c. 23, §8.]

§7. Registration of Registered Nurses From Other States.—The board of examiners for nurses may, without examination, issue a certificate to any applicant who shall furnish to the board satisfactory proof that she is a duly registered nurse in another state, or in the District of Columbia, provided the laws of such state or district require qualifications equivalent to those required in this State. Such applicant shall also furnish satisfactory evidence that she intends to reside and practice the profession of nursing in this State. She shall make due application for registration to the board of examiners, filing therewith her certificate from such other state, which certificate shall contain a notation of recommendation to the board of examiners for nurses of this State from the corresponding board of such other state, and such application shall be accompanied by the prescribed fee of ten dollars.[1917, c. 32, §29dIV; Code 1923, c. 150, §29d(4); 1925, c. 23, §9.]

§8. Persons Heretofore Registered as Nurses; Pupil Nurses in Training April 20, 1925.—All persons to whom certificates of registration as nurses have been issued under the laws of this State, prior to the time this Code takes effect, shall be styled and known as registered nurses, and shall come within the provisions of this article, and shall comply with the same, but shall not be required to undergo any new examination or obtain new certificates of registration. Pupil nurses in training on the twentieth day of April, nineteen hundred and twenty-five, shall be admitted to examination by the board of examiners for nurses upon showing that they have complied with the conditions prescribed by then existing law.(1925, c. 23, §10.)

§9. Use of Title “Registered Nurse’’.—Any person who has received a certificate according to the provisions of this article shall be styled and known as a “registered nurse,” and no other person shall assume such title, or use the abbreviation “R. N.” or any other letters or figures to indicate that she is a registered nurse. No person who has not duly received a certificate from the state board of examiners shall practice professional nursing with the representation that she is a registered nurse, or shall advertise to the public as a nurse, without stating that she is not a registered nurse, and it shall be unlawful for any drug store proprietor, physician, or other person to advertise any person as a nurse, or to keep publicly the name of any person upon a record or list of names of nurses, unless such person has been duly granted a certificate to practice as a registered nurse within this State, or unless such advertisement, record or list shall state that such person or nurse is “not registered.”[1907, Ex. Sess., c. 11, §5; 1917, c. 32, §29dV; Code 1923, c. 150, §29d(5); 1925, c. 23, §11.]

§10. Administration of Anaesthetics by Registered Nurse.—In any case where it is lawful for a duly licensed physician and surgeon practicing medicine and surgery under the laws of this State to administer anaesthetics, such anaesthetics may lawfully be given and administered by any nurse who has been duly registered as such under the laws of this State, provided such anaesthetic is administered by the nurse in the presence and under the supervision of such physician or surgeon.(1923, c. 41, §1.)

§11. Suspension or Revocation of License.—The board of examiners for nurses may by unanimous vote revoke a certificate for any of the following reasons: Dishonesty, gross in competency, a habit rendering a nurse unsafe to be entrusted with or unfit for the care of the sick; conduct derogatory to the morals or standing of the profession of nursing; or any wilful fraud or misrepresentation practiced in procuring such certificate. Any person who, after such revocation of certificate, shall attempt to practice as a registered nurse, or use the abbreviation “R.N.,” shall be subject to the penalties hereinafter provided.[1907, Ex. Sess., c. 11, §8; Code 1923, c. 150, §29d(8); 1925, c. 23, §14.]

§12. Revocation of Certificate of Training School.—The board may revoke the certificate of any training school upon the failure of such training school to comply with the requirements of this article. In all complaints of the violations of this section, the accused shall be furnished with a copy of the complaint thirty days prior to a hearing before the board.(1925, c. 23, §15.)

§13. Offenses; Penalties.—Any person who shall violate any of the provisions of this article, or who shall wilfully make any false representation to the board of examiners in applying for a certificate, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five nor more than two hundred and fifty dollars.[1907, Ex. Sess., c. 11, §7; 1917, c. 32, §29dVII; Code 1923, c. 150, §29d(7); 1925, c. 23, §13.]

§14. Limitations of Article.—This article shall not be construed to affect or apply to the gratuitous nursing of the sick by friends or members of the family, or to prevent any person from nursing the sick for hire who does not in any way assume to be a registered nurse.[1907 Ex. Sess., c. 11, §6; 1917, c. 32, §29dVI; Code 1923, c. 150, §29d(6); 1925, c, 23, §12.]

§1. Evidence of Qualification to Practice and Registration Required.—Any person practicing or offering to practice optometry in this State shall be required to submit evidence that he is qualified so to practice, and shall be registered as hereinafter provided, and it shall be unlawful for any person to practice or offer to practice optometry in this State, except under the provisions of this article.

§2. Practice of Optometry Defined.—Any one or any combination of the following practices shall constitute the practice of optometry:

(a) The examination of the human eye, without the use of drugs, medicines or surgery, to ascertain the presence of defects or abnormal conditions which can be corrected by the use of lenses, prisms, or occular exercises;

(b) The employment of objective or subjective mechanical means to determine the accommodative or refractive states of the human eye or the range or power of vision of the human eye;

(c) The prescription or adoption without the use of drugs, medicines or surgery, of lenses, prisms, or occular exercises to correct defects or abnormal conditions of the human eye or to adjust the human eye to the conditions of special occupation;

(d) The replacement or duplication of an opthalmic lens without a prescription from a person authorized under the laws of this State to practice either optometry or medicine and surgery. The provisions of this subdivision shall not be construed so as to prevent an optical mechanic from doing the merely mechanical work in such a case. An opthalmic lens within the meaning of this article shall be any lens which has a spherical, cylindrical or prismatic power or value, and is ground pursuant to a prescription.[1909, c. 73, §1; Code 1923, c. 150, §29e(1); 1927, c. 35, §29e(2).]

§3. Board of Optometry.—There shall be a state board of examiners in optometry, known as the “West Virginia Board of Optometry,” which shall consist of five optometrists, who shall be appointed by the governor, by and with the advice and consent of the senate. Each member of the board, at the time of his appointment, shall have been a resident and a registered practicing optometrist of this State for a period of three years or more immediately preceding his appointment.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their successors have been appointed and have qualified. On or before the first day of July following the date on which this Code takes effect, and annually thereafter, as their respective terms expire, the governor shall appoint their successors so that one year he shall appoint one member and in each of the two succeeding years he shall appoint two members, each for a term of three years commencing on the first day of July. Any member shall be eligible for reappointment.[1909, c. 73, §2; Code 1923, c. 150, §29e (2); 1927, c. 35, §29e(1).]

§4. Registration Prerequisite to Practice of Optometry; Exceptions.—No person shall practice or offer to practice optometry in this State without first applying for and obtaining a certificate of registration for such purpose from the West Virginia Board of Optometry; but the following persons, firms and corporations are exempt from the operation of this article, except as hereinafter provided:

(a) Persons who have heretofore been registered as optometrists in this State, or who were engaged in the practice of optometry in this State before the passage of any law by this State regulating such practice, and who have heretofore received from the board of examiners certificates of exemption from examination;

(b) Persons authorized under the laws of this State to practice medicine and surgery;

(c) Persons, firms and corporations who sell eye glasses or spectacles in a store, shop or other permanently established place of business on prescription from persons authorized under the laws of this State to practice either optometry or medicine and surgery;

(d) Persons, firms and corporations who manufacture or deal in eye glasses or spectacles in a store, shop or other permanently established place of business, and who neither practice nor attempt to practice optometry.[1927, c. 35, §29e(3).]

§5. Qualifications of Applicant for Registration; Examination.—An applicant for registration shall present satisfactory evidence that he is at least twenty-one years of age, of good moral character and temperate habits, and has graduated from a high school or secondary school, or has completed an equivalent course of study approved by the West Virginia Board of Optometry, and has graduated from a school or college of optometry approved by said board. No school or college of optometry shall be approved by the board unless it has a minimum requirement of a course of study of two thousand clock hours, distributed over two school years of eight months duration each. The examination shall cover such subjects as the anatomy of the eyes, the use of the opthalmascope, retinascope, opthalmometer, and trial lenses, the general laws of optics and refraction, and such other subjects as the board may deem proper. If the applicant successfully passes such examination, and is otherwise qualified, the board shall register him as a duly qualified optometrist, and shall issue to him a certificate of registration authorizing him to practice optometry in this State.[1909, c. 73, §3; Code 1923, c. 150, §29e(3); 1927, c. 35, §29e(4).]

§6. Certificate of Registration or Exemption Shall be Displayed; Bill of Purchase.—Every person practicing optometry shall display his certificate of registration or exemption in a conspicuous place in the principal office wherein he practices optometry, and, whenever required, shall exhibit such certificate to the board of examiners or its authorized representatives. And whenever practicing the profession of optometry outside of or away from said office or place of business, he shall deliver to each customer or person so fitted with glasses a bill of purchase which shall contain his signature, home post-office address, and the number of his certificate of registration or exemption, together with a specification of the lenses furnished.[1909, c. 73, §4; Code 1923, c. 150, §29e(4); 1927, c. 35, §29e(8).]

§7. Annual Renewal of Registration; Restoration of Expired Certificate.—Every registered optometrist who desires to continue in active practice or service shall, annually, on or before the first day of April, renew his certificate of registration and pay an annual renewal fee of ten dollars. Every certificate of registration which has not been renewed during the month of April in any year shall expire on the first day of May in that year. A registered optometrist whose certificate of registration has expired may have his certificate of registration restored only upon payment of the required renewal fee. Any registered optometrist who retires from the practice of optometry for not more than five years may renew his certificate of registration upon payment of all lapsed renewal fees.[1919, c. 130, §5a; Code 1923, c. 150, §29e(5a); 1927, c. 35, §29e, (9).]

§8. Suspension or Revocation of Certificate of Registration.—The board may either refuse to issue, or may refuse to renew, or may suspend or revoke any certificate of registration for any one, or any combination, of the following causes: Conviction of a felony, as shown by a certified copy of the record of the court of conviction; the obtaining of, or an attempt to obtain, a certificate of registration, or practice in the profession, or money, or any other thing of value, by fraudulent misrepresentation; gross malpractice; continued practice by a person knowingly having an infectious disease; advertising by means of knowingly false or deceptive statements; advertising, practicing, or attempting to practice under a name other than one’s own; habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit forming drugs.[1909, c. 73, §6; Code 1923, c. 150, §29e(6); 1927, c. 35, §29e(10).]

§9. Offenses; Penalties; Jurisdiction of Justices.—Each of the following shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than twenty-five nor more than two hundred dollars: The practice of, or an attempt to practice, optometry, without a certificate of registration as a registered optometrist, except as hereinbefore provided; permitting any person in one’s employ, supervision or control, to practice optometry, unless such person has a certificate of registration as a registered optometrist when such certificate is required by this article; the obtaining of, or an attempt to obtain, a certificate of registration, or practice in the profession, or money, or any other thing of value, by fraudulent misrepresentation; the making of any willfully false oath or affirmation, whenever an oath or affirmation is required by this article; the violation of the provisions of section six of this article.

Justices of the peace shall have concurrent jurisdiction with circuit and criminal courts for the enforcement of this article.[1909, c. 73, §7; Code 1923, c. 150, §29e(7); 1927, c. 35, §29e(13), (15).]

§1. Qualifications.—Any citizen of the State of West Virginia, or any citizen of any other state having an office in this State, over the age of twenty-one years and of good moral character, who shall have received from the state board of certified public accountants or from the governor of the State of West Virginia a certificate to practice as a public expert accountant, as hereinafter provided, shall be designated and known as a certified public accountant; and every person holding such certificate and every copartnership of accountants, every member of which shall hold such certificate, may assume and use the title of certified public accountant, or the abbreviation thereof, “C. P. A.”(1911, c. 19, §1; Code 1923, c. 15G, §1.)

§2. Board of Certified Public Accountants; Examination; Certificate.—There shall be a state board for the examination of persons applying for certification under this article, known as the “West Virginia Board of Certified Public Accountants,” which shall consist of three certified public accountants who have been in practice in this State for at least five years, and who shall be appointed by the governor by and with the advice and consent of the senate. The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one, and on or before the first day of July of each year thereafter, the governor shall appoint one member to serve for a term of three years, commencing on said first day of July, and any member shall be eligible for reappointment.

The examination for certificates shall cover such subjects as the theory of accounts, practical accounting, auditing, commercial arithmetic, bookkeeping and commercial law, and such other subjects as the board may deem proper. The result of all examinations shall be filed in the office of the secretary of state and kept for reference and inspection for a period not less than five years, and the applicant upon passing the examination provided by the board shall receive from the board a certificate of his qualification as such certified public accountant.(1911, c. 19, §2; Code 1923, c. 15G, 2.)

§3. Revocation of Certificate.—The board may revoke any such certificate, for sufficient cause, but before doing so it shall give written notice to the holder thereof and give him the right to appear for a hearing thereon.(1911, c. 19, §3; Code 1923, c. 15G, §3.)

§4. Fraudulent Misrepresentation by Accountant.—Any person who shall hold himself out as having received the certificate provided for in this article, or who shall assume to practice thereunder as a certified public accountant, or use the initials C. P. A., or C. A., without having received the certificate provided for in this article, or after the same shall have been revoked, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars: Provided, That the provisions of this article shall not apply to any duty required to be performed under the provisions of article nine, chapter six of this Code.(1911, c. 19, §5; Code 1923, c. 15G, §5.)

§1. Registration Required; Limitations of Article.—It shall be unlawful for any person in the State of West Virginia to engage in the practice of veterinary surgery, veterinary medicine, or veterinary dentistry, or to prescribe treatment for, or perform any surgical operation upon, any domestic animal, for compensation, directly or indirectly, except such person be a registered veterinarian: Provided, That no person shall be prohibited by this article from performing the simple operation of castrating, speying, dehorning, or from the use of blackleg vaccine and hog cholera serum; and nothing in this article shall be construed to prohibit a student from prescribing under the supervision of a preceptor, or to prohibit gratuitous services in case of emergency, or to prohibit the giving of such services and charging therefor when the services of a registered veterinarian cannot be had within a reasonable time or at a reasonable cost.(1915, c. 33, §1; Code 1923, c. 15D, §30.)

§2. Who Deemed Practicing Veterinarian.—Any person shall be regarded as practicing veterinary surgery, veterinary medicine, or veterinary dentistry, within the meaning of this article, who shall profess publicly to be a veterinarian, and, for a compensation. prescribe for afflicted animals or perform any surgical or dental operation upon a domestic animal, except as provided in section one of this article, or who shall append to his name the title “veterinarian,” “veterinary surgeon,” “veterinary dentist,” or any other title or abbreviation which would indicate that he is a veterinarian.(1915, c. 33, §12; Code 1923, c. 15D, §38.)

§3. Veterinary Examining Board.—There shall be a state veterinary examining board, known as the “West Virginia Veterinary Board,” which shall consist of three competent veterinarians, not more than two of whom shall belong to the same political party, who shall be appointed by the governor, by and with the advice and consent of the senate. Each member of the board shall be a graduate of a recognized veterinary college, but not more than two shall be graduates of the same college. Each member shall, before his appointment, present to the governor satisfactory evidence of recognized practical and scientific knowledge of the diseases of domestic animals and their treatment. He shall have practiced in the State for at least five years prior to the time of his appointment, and shall not be connected, financially or as a professor or director, with any veterinary school or college.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one, and on or before the first day of July of each alternate year thereafter, the governor shall appoint one member to serve for a term of six years, commencing on said first day of July, and any member shall be eligible for reappointment.(1915, c. 33, §5; Code 1923, c. 15D, §33.)

§4. Who May Register; Examination.—Any person shall be allowed to register as a veterinarian who shall pass a satisfactory examination held by the examining board, or who practiced as a veterinarian in this State for ten years or more before the passage of any law by this State regulating such practice. The examination of an applicant for registration as a veterinarian, a veterinary surgeon, or veterinary dentist, shall cover all branches pertaining to veterinary science, and shall be sufficiently strict to test the qualifications of the applicant as a practitioner.(1915, c. 33, §4; Code 1923, c. 15D, §32.)

§5. Registration of Registered Veterinarians From Other States.—The veterinary examining board may accept, in lieu of an examination, the certificate of license or registration to practice veterinary surgery, veterinary medicine, and veterinary dentistry, legally granted by the board of registration or examination or licensing board of any other state, territory, district, or foreign country, whose standard of qualification for the practice of veterinary medicine, veterinary surgery, or veterinary dentistry, is equivalent to that of this State. The veterinary examining board may register such applicant and grant to him a certificate to practice veterinary medicine, veterinary surgery, or veterinary dentistry in this State, if the laws of such other state, territory, district or foreign country accord like privileges to registered veterinarians of this State; but such person shall not be registered until he shall have paid a registration fee of twenty-five dollars.(1915, c. 33, §3; Code 1923, c. 15D, §31.)

§6. Annual Renewal of Registration.—Every veterinarian registered under any of the preceding sections, who desires to continue in the practice of veterinary medicine, veterinary surgery or veterinary dentistry in West Virginia, shall annually, on or before the first day of July of each year, pay to the secretary of the examining board a renewal fee of one dollar, upon receipt of which the secretary of the examining board shall issue to him a renewal of such registration to practice veterinary medicine, veterinary surgery and veterinary dentistry in any of the counties of this State.(1915, c. 33, §15; Code 1923, c. 15D, §41.)

§7. Offenses; Penalties.—Any person who shall violate any of the provisions of section one of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than one nor more than six months, in the discretion of the court.(1915, c. 33, §10; Code 1923, c. 15D, §36.)

§1. Chiropody; License Required.—It shall be unlawful for any person to practice or offer to practice in this State the branch of medicine known as chiropody, as hereinafter defined, unless duly licensed so to do by the public health council of this State, after examination conducted by such council or a committee thereof, under rules and regulations prepared and promulgated by it, except as hereinafter provided.[1917, c. 41, §1; Code 1923, c. 150, §30(1).]

§2. Definition of Chiropody; Use of Title “Doctor”.—For the purpose of this article “chiropody” shall mean the medical, mechanical or surgical treatment of the ailments of the human hand or foot, except the amputation of the foot, hand, toes or fingers, without the use of anaesthetics other than local. It shall also include the fitting or recommending of appliances, devices or shoes for the correction or relief of minor foot ailments.

Licensees under this article shall not use the title “doctor,” except in connection with the word chiropody or chiropodists.[1917, c. 41, §10; Code 1923, c. 150, §30(10).]

§3. Qualifications of Applicant for License.—An applicant for license shall furnish to the public health council satisfactory proof that he is: (a) Twenty-one years of age, or over; (b) of good moral character; (c) a graduate of a school of chiropody registered by the state department of education as being of proper standard, or that he has been in the practice of chiropody in some other state for at least five years, and of good standing in such state, in which said state an examination is required by law equal to the requirements of this State, and that said applicant has taken the examination in said state and received a license therein; (d) possessed of a minimum education equivalent to two years’ attendance at a high school recognized by the state department of education as being of proper standard; (e) a bona fide resident of the State of West Virginia at the time of application.[1917, c. 41, §3; Code 1923, c. 150, §30(3).]

§4. Examination for License; Issuance of License.—The public health council shall conduct examinations for license to practice chiropody at the times and places designated by it for conducting examinations for license to practice medicine. Examinations shall be in English, and in writing, and shall be of a scientific and practical character. They shall cover the subjects of anatomy and physiology of the foot, chemistry, materia medica, therapeutics and minor surgery, including bandaging. The public health council shall issue licenses to practice chiropody to successful applicants therefor.[1917, c. 41, §§2, 6; Code 1923, c. 150, §30(2) (6).]

§5. Offenses; Penalties.—Whoever, not being lawfully authorized to practice chiropody within the State of West Virginia, holds himself out as a practitioner of chiropody, or advertises himself as such, or whoever practices chiropody under a false or assumed name, or under a name other than that under which he has license to practice chiropody as aforesaid, or whoever impersonates another practitioner of a like or a different name, or whoever lends his name or has professional connection with anyone who has been convicted of any offense, as herein provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or confined in the county jail not less than one nor more than four months, or both, for each and every offense, and in addition the public health council may suspend or revoke his license for an indefinite period, but for not less than six months.

A person so convicted shall not be entitled to any fee for services rendered, and, if a fee has been paid, the patient or guardian or heir may recover the same as debts of like amount are now recovered by law.[1917, c. 41, §7; Code 1923, c. 150, §30(7).]

§6. Limitations of Article.—Nothing contained in this article shall be construed to prevent a registered practitioner of medicine in the State of West Virginia from practicing chiropody as a branch of his medical and surgical practice.[1917, c. 41, §8; Code 1923, c. 150, §30(8).]

§1. Board of Architects.—There shall be a state board of architects, known as the “West Virginia Board of Architects,” which shall consist of five architects, who shall be appointed by the governor by and with the advice and consent of the senate. Each member shall have been engaged in the active practice of his profession in the State of West Virginia for not fewer than ten years previous to his appointment. The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one, and on or before the first day of July of each year thereafter, the governor shall appoint one member to serve for a term of five years, commencing on said first day of July, and any member shall be eligible for reappointment.(1921, c. 107, §§1-3; Code 1923, c. 15V, §1.)

§2. Use of Title “Architect,” etc.—No person shall assume the title “architect” or registered architect,” or shall use any other word, letters or figures indicating or implying that the person using them is an architect or registered architect, unless he shall have obtained from the state board of architects a certificate of registration as an architect in this State, or unless he shall have filed with the board an affidavit establishing the fact that he was in practice as an architect in this State for five years previous to the passage of any law by this State regulating such practice.(1921, c. 107, §§14, 15, 16; Code 1923, c. 15V, §§2, 3, 4.)

§3. Qualifications of Applicant for Registration.—Any citizen of the United States or any person who has declared his intention of becoming a citizen, who is at least twenty-one years of age and of good moral character, may apply for a certificate of registration or for such examination as shall be requisite for such certificate under this article; but before receiving such certificate the applicant shall submit satisfactory evidence of having completed the course in a high school or the equivalent thereof, and of having subsequently thereto completed such course in mathematics, history and language as may be prescribed by the board of examination and registration of architects. The examination for the above academic requirements shall be held by the board. In lieu of such examination the board may accept satisfactory diplomas or certificates, from institutions approved by the board, covering the course or subject-matter prescribed for examination.(1921, c. 107, §19; Code 1923, c. 15V, §7.)

§4. Examination; When Dispensed With.—Upon complying with the above requirements, the applicant shall satisfactorily pass an examination in such technical and professional subjects as shall be prescribed by the board. The board shall, in lieu of an examination, accept satisfactory evidence of any one of the qualifications set forth under subdivisions (a) and (b) of this section.

(a) A diploma of graduation or a satisfactory certificate from an architectural college or school that the applicant has completed a technical course approved by the board, followed by at least three years’ satisfactory experience in the office of any reputable architect or architects. The board may require applicants under this subdivision to furnish satisfactory evidence of knowledge of professional practice.

(b) Registration or certification as an architect in another state or territory of the United States, or in a foreign country or province, where the qualifications prescribed at the time of such registration or certification were equal to those prescribed in this State at the date of application.(1921, c. 107, §20; Code 1923, c. 15V, §8.)

§5. Examination of Architects Who Have Practiced Outside of This State.—An architect who has lawfully practiced architecture for a period of more than ten years outside of this State shall, except as otherwise provided in subdivision (b) of the preceding section, be required to take only a practical examination, the nature of which shall be prescribed by the board.(1921, c. 107, §21; Code 1923, c. 15V, §9.)

§6. Renewal and Term of Certificates.—Every registered architect in this State who desires to continue the practice of his profession shall annually, during the month of July, renew his certificate of registration, and pay to the board the renewal fee required by subdivision (d) of section eight of this article. A person who fails to renew his certificate of registration during the month of July in each year may not thereafter renew his certificate except upon payment of the fee required by subdivision (c) of section eight. Every certificate shall expire on the thirtieth day of June following its issuance.(1921, c. 107, §24; Code 1923, c. 15V, §12.)

§7. Revocation of Certificate.—The board may revoke any certificate of registration if proof satisfactory to the board be presented in any of the following cases:

(a) In case it is shown that the certificate was obtained through fraud or misrepresentation;

(b) In case the holder of the certificate has been found guilty by such board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a felony by a court of justice;

(c) In case the holder of the certificate has been found guilty by such board of gross incompetency or of recklessness in planning of buildings;

(d) In case it is proved to the satisfaction of such board that the holder of the certificate is a habitual drunkard, or is habitually addicted to the use of morphine, opium, cocaine or other drug having a similar effect.(1921, c. 107, §25; Code 1923, c. 15V, §13.)

§8. Fees.—(a) The fee to be paid to the board by an applicant for an examination to determine his fitness to receive a certificate of registration as a registered architect shall be twenty-five dollars.

(b) The fee to be paid to the board by an applicant for a certificate of registration as a registered architect shall be fifteen dollars.

(c) The fee to be paid to the board for the restoration of an expired certificate of registration shall be fifteen dollars.

(d) The fee to be paid to the board upon renewal of a certificate of registration shall be ten dollars.

(e) The fee to be paid to the board by an applicant for a certificate of registration, who is an architect registered or licensed under the laws of another state or territory of the United States, or of a foreign country or province, under subdivision (b) of section four of this article, shall be fifty dollars.(1921, c. 107, §22; Code 1923, c. 15V, §10.)

§9. Offenses; Penalties.—The use of the title “architect” or “registered architect,” or the use of any other word, letters or figures indicating or implying that the person using the same is an architect or registered architect, without compliance with the provisions of this article, or the making of any wilfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, shall be deemed a misdemeanor punishable with a fine of not more than two hundred dollars, or imprisonment for not more than one year, or both.(1921, c. 107, §28; Code 1923, c. 15V, §15.)

§10. Limitations of Article.—Nothing contained in this article shall prevent draftsmen, students, clerks-of-works, superintendents and other employees of those lawfully practicing as registered architects under the provisions of this article, from acting under the instructions, control or supervision of their employers, or prevent the employment of superintendents or the construction, enlargement or alteration of buildings or any appurtenance thereto, or prevent such superintendents from acting under the immediate personal supervision of the registered architect by whom the plans and specifications of any such building, enlargement or alteration were prepared. Nor shall any thing contained in this article prevent engineers, mechanics, builders or any other persons from making plans and specifications or supervising the erection, enlargement or alteration of buildings, or any appurtenance thereto, for other persons, firms or corporations, or for themselves, provided the plans and specifications for such construction are signed by the authors thereof with the true appellation of their actual occupations in life, such as, “engineer” or “mechanic” or “builder,” etc., without the use in any form of the word or title “architect” or “architects.”(1921, c. 107, §17; Code 1923, c. 15V, §5.)

§1. Evidence of Qualification and Registration Required.—Any person practicing or offering to practice as a professional engineer in this State shall be required to submit evidence that he is qualified so to practice, and shall be registered as hereinafter provided, and it shall be unlawful for any person to practice or offer to practice in this State as a professional civil, mining, electrical, structural or mechanical engineer, hereinafter called engineer, except under the provisions of this article.(1921, c. 106, §1; Code 1923, c. 15U, §1; 1923, c. 63, §1.)

§2. Board of Engineers.—There shall be a state board of registration for engineers, known as the “West Virginia Board of Engineers,” which shall consist of five registered engineers, who shall be appointed by the governor. Each member of the board shall be a citizen of the United States and a resident of this State at the time of his appointment. He shall have been engaged in the practice of his profession for at least ten years and shall have been in responsible charge of work for at least five years. He shall be a member in good standing of a recognized society of engineers.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their successors have been appointed and have qualified. On or before the first day of July following the date on which this Code takes effect, the governor shall appoint five members of the board, one of whom he shall designate to serve for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, all commencing on said first day of July; and on the expiration of each term, and annually thereafter, he shall appoint one member to serve for a term of five years. Any member shall be eligible for reappointment.(1921, c. 106, §§3, 4; Code 1923, c. 15U, §3; 1923, c. 63, §§2, 3.)

§3. Qualifications of Applicant for Registration; Fee.—The board shall, on application therefor on a prescribed form and the payment of a fee of twenty-five dollars, issue a certificate of registration as an engineer:

(a) To any person who submits evidence satisfactory to the board that he is fully qualified to practice engineering;

(b) To any person who holds a like unexpired certificate of registration issued to him by the proper authority in the District of Columbia, in any state or territory of the United States, or in any province of Canada, in which the requirements for the registration of engineers are of a standard satisfactory to the board.

No person shall be eligible for registration who is under twenty-one years of age, who is not a citizen of the United States or Canada, or who has not made declaration of his intention to become a citizen of the United States, who does not speak and write the English language, who is not of good character and repute, and who has not been actively engaged for six or more years in engineering work of a character satisfactory to the board. However, each year of teaching, or of study satisfactorily completed in engineering in a school of engineering of standing satisfactory to the board, shall be considered equivalent to one year of such active engagement.

Unless disqualifying evidence be before the board, the following facts established in the application shall be regarded as prima facie evidence satisfactory to the board that the applicant is fully qualified to practice engineering:

(a) Ten or more years of active engagement in engineering;

(b) Graduation, after a course of not less than four years in engineering, from a school or college approved by the board as of satisfactory standing, and an additional four years of active engagement in engineering;

(c) Full membership in the American association of engineers, American institute of chemical engineers, American society of civil engineers, American institute of electrical engineers, American society of mechanical engineers, American institute of mining and metallurgical engineers, society of naval architects and marine engineers, or in such other national or state engineering societies as may be approved by the board, the requirements for full membership in which are not lower than the requirements for full membership in the professional societies named above;

(d) Certificate of reciprocal registration issued under articles of agreement of the council of state board of engineering examiners, provided the requirements for such certificate are of a standard satisfactory to the board.

Applicants for registration, in cases where the evidence originally presented in the application does not appear to the board conclusive or warranting the issuance of a certificate, may present further evidence, which may include the results of a required examination, for the consideration of the board.

In determining the qualifications of applicants for registration a majority vote only of the board shall be required. In case the board denies the issuance of a certificate to an applicant, the registration fee deposited shall be returned by the board to the applicant.(1921, c. 106, §9; Code 1923, c. 15U, §5; 1923, c. 63, §8.)

§4. Certificate of Registration; Annual Renewal; Delayed Renewal.—Certificates of registration shall expire on the thirtieth day of June following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the secretary of the board to notify by mail every person registered hereunder of the date of the expiration of his certificate and the amount of the fee required for its renewal for one year. Such notice shall be mailed at least one month in advance of the date of the expiration of the certificate. Renewal may be effected at any time during the month of June by the payment of a fee of ten dollars. The failure on the part of the registrant to renew his certificate annually in the month of June as required above shall not deprive such person of the right of renewal thereafter, but the fee to be paid for the renewal of a certificate after the month of June, shall be increased ten per cent for each month, or fraction of a month, that payment for renewal is delayed: Provided, however, That the maximum fee for a delayed renewal shall not exceed twice the normal fee.(1921, c. 106, §9; Code 1923, c. 15U, §5; 1923, c. 63, §8.)

§5. Revocation of Certificate of Registration; Reissuance.—The board shall have the power to revoke the certificate of registration of any engineer registered hereunder who is found guilty of any fraud or deceit in obtaining a certificate of registration, or of gross negligence, incompetence or misconduct in the practice of engineering. Any person may prefer charges of such fraud, deceit, negligence, incompetence or misconduct against any engineer registered hereunder. Such charges shall be in writing and sworn to by the complainant and submitted to the board. Such charges, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within three months after the date on which they are preferred. A time and place for such hearing shall be fixed by the board. If after said hearing three or more members of the board vote in favor of finding the accused guilty of any fraud or deceit in obtaining a certificate, or of gross negligence, incompetence or misconduct in the practice of engineering, the board shall revoke the certificate of registration of the accused.

The board may reissue a certificate of registration to any person whose certificate has been revoked, provided three or more members of the board vote in favor of such reissuance.(1921, c. 106, §10; Code 1923, c. 15U, §6; 1923, c. 63, §9.)

§6. Rights of Registered Engineers; Seal.—The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered engineer while the said certificate remains unrevoked or unexpired.

Each registrant hereunder may, upon registration, obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend “Registered Professional Engineer.” Plans, specifications, plats and reports issued by a registrant may be stamped with the said seal during the life of the registrant’s certificate, but it shall be unlawful for any one to stamp or seal any document with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless said certificate shall have been renewed or reissued.(1921, c. 106, §11; Code 1923, c. 15U, §7; 1923, c. 63, §10.)

§7. Offenses; Penalties.—Any person not legally authorized to practice as an engineer in this State according to the provisions of this article, who shall so practice or offer so to practice in this State, except as provided in section eight of this article, and any one who shall present or attempt to file as his own the certificate of registration of another, or who shall give false or forced evidence of any kind to the board, or to any member thereof, in obtaining a certificate of registration, or who shall falsely impersonate any other practitioner of like or different name, or who shall use or attempt to use an expired or revoked certificate of registration, shall be guilty of a misdemeanor, and shall, for each such offense of which he is convicted, be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for three months, or both.(1921, c. 106, §12; Code 1923, c. 15U, §8; 1923, c. 63, §11.)

§8. Limitations of Article.—The following persons shall be exempted from the provisions of this article:

(a) Any person, not a resident of and having no established place of business in this State, who practices as an engineer in this State, but whose practice does not aggregate more than thirty days in any calendar year; provided such person is legally qualified for such professional service in his own state or country;

(b) Any person, not a resident of and having no established place of business in this State, who practices as an engineer in this State, but whose arrival in the State has been recent; provided such person has filed an application for registration as an engineer and has paid the fee required in section three of this article. Such exemption shall continue for only such reasonable time as the board requires in which to consider and grant or deny said application for registration;

(c) Any person who engages in engineering work as an employee of a registered engineer, or as an employee of an engineer authorized by paragraphs (a) and (b) of this section; but such work shall not include responsible charge of design or supervision;

(d) Any person, not a resident of and having no established place of business in this State, who practices engineering in this State as a consulting associate of an engineer registered under the provisions of this article; provided such nonresident is qualified for such professional service in his own state or country;

(e) Any person who practices engineering in this State solely as an officer or as an employee of the United States or of a common carrier engaged in interstate business;

(f) Any person who practices engineering in this State solely as an employee of this State or of any political subdivision thereof, or of any corporation, firm or individual, when such engineer’s time is devoted exclusively to such employment and he does not offer his services to the public generally for hire;

(g) Any engineer, not qualified by registration under this article, who shall not represent himself as, or use the title of, “Registered Professional Engineer.”(1921, c. 106, §13; Code 1923, c. 15U, §9; 1923, c. 63, §12.)

§9. Corporations and Partnerships.—A corporation or partnership may engage in the practice of engineering in this State, provided the person or persons connected with such corporation or partnership in responsible charge of such practice are registered as herein required of engineers, or are otherwise authorized to practice. The same exemptions shall apply to corporations and partnerships as apply to individuals under this article.(1921, c. 106, §14; Code 1923, c. 15U, §10; 1923, c. 63, §13.)

§1. License Required.—It shall be unlawful for any person to practice or offer to practice medicine as an osteopathic physician or osteopathic physician and surgeon in this State without a license issued by the state board of osteopathy: Provided, That any certificate or license heretofore issued under the laws of this State, authorizing its holder to practice osteopathy and surgery, shall in no wise be affected by the provisions of this article.(1923, c. 40, §2.)

§2. Definition of Osteopathy.—The word “osteopathy,” as used in this article, is the name of that system of the healing art which places the chief emphasis on the structural integrity of the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease.(1923, c. 40, §1.)

§3. Board of Osteopathy.—There shall be a state board of osteopathy, known as the “West Virginia Board of Osteopathy,” which shall consist of three licensed osteopathic physicians in good standing and recommended by the state osteopathic association, who shall be appointed by the governor. Each member of the board shall have been engaged in the practice of his profession for a period of at least five years immediately prior to his appointment. Before entering upon the duties of his office, he shall make oath that he has been engaged in the active practice of his profession in this State for at least five years preceding his appointment.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and thirty-one, and on or before the first day of July of each year thereafter, the governor shall appoint one member to serve for a term of three years, commencing on said first day of July, and any member shall be eligible for reappointment.(1923, c. 40, §§4, 5.)

§4. Applicant for Examination.—Each applicant for examination by the state board of osteopathy shall comply with the following requirements:

(a) Make application for examination on blank forms prepared and furnished by the board;

(b) Submit evidence, verified on oath and satisfactory to the board, that the applicant is twenty-one years of age or over and has received the preliminary and professional education required by this article;

(c) Pay in advance to the board the fees required by law.(1923, c. 40, §6.)

§5. Standards of Professional Education.—Standards of professional education are fixed as follows:

To practice as an osteopathic physician and surgeon, the applicant shall be a graduate of a professional school or college of osteopathy recognized by the American osteopathic association, which requires as a prerequisite to graduation a four years’ course of nine months each, covering the standard curriculum, as defined in section six of this article, and giving instruction in all the subjects necessary to educate a thoroughly competent general osteopathic practitioner.(1923, c. 40, §7.)

§6. Definition of School or College of Osteopathy; Curriculum.—The term school or college of osteopathy in good standing shall be defined as follows: A legally chartered osteopathic school or college requiring for admission to its course of study a preliminary education equal to the requirements for graduation of an accredited high school, and shall further require, before granting the degree of doctor of osteopathy, an actual attendance at such osteopathic school or college of at least thirty-six months, or four terms of nine months each, no two of which shall be given in any one year, its course of study to include the subjects and the minimum hours taught in each thereof as follows:

The number of hours herein prescribed for the study of any subject may be reduced not more than thirty per cent, but the total number of hours prescribed shall not be reduced. The foregoing requirements shall be published in each catalogue of such osteopathic school or college.(1923, c. 40, §8.)

§7. Certificates of License.—The state board of osteopathy shall issue certificates of license to all who successfully pass the said examination, and to all those whose certificates said board, or a majority of them, shall accept in lieu of an examination as hereinafter provided.(1923, c. 40, §9.)

§8. Issuance of License Without Examination.—The state board may at its discretion issue a license, without examination, to a practitioner who has been licensed in any country, state, territory, or province, provided the requirements for registration in the country, state, territory or province in which the applicant is licensed, are deemed by the state board to have been practically equivalent to the requirements for registration in force in this State at the date of such license.

The state board may also at its discretion issue a license, without examination, to an osteopathic physician who is a graduate of an osteopathic college in good standing, and who has passed the examination for admission into the medical corps of the United States army, United States navy, or the United States public health service. But no license shall be issued under the provisions of this section until the person applying therefor shall have paid to the board a fee of twenty-five dollars.(1923, c. 40, §§6, 10.)

§9. Refusal to Issue, Suspension or Revocation of License.—The state board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

(a) Conviction of a felony, as shown by a certified copy of the record of the court;

(b) The obtaining of or an attempt to obtain a license, or practice in the profession for money, or any other thing of value, by fraudulent misrepresentations;

(c) Gross malpractice;

(d) Advertising by means of knowingly false or deceptive statements;

(e) Advertising, practicing or attempting to practice under a name other than one’s own;

(f) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs.(1923, c. 40, §13.)

§10. Duties and Rights of Osteopathic Physicians and Surgeons.—Osteopathic physicians and surgeons shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths and all matters pertaining to the public health, with equal rights and obligations as physicians of other schools of medicine, and such reports shall be accepted by the officers of the department to which the same are made.

Osteopathic physicians and surgeons licensed hereunder shall have the same rights as physicians and surgeons of other schools of medicine.

Osteopathic physicians and surgeons licensed hereunder shall have the same rights as physicians and surgeons of other schools of medicine with respect to the treatment of cases or the holding of offices in public institutions.(1923, c. 40, §12.)

§11. Offenses; Penalties.—Each of the following acts shall constitute a misdemeanor, punishable, upon conviction, by a fine of not less than fifty nor more than five hundred dollars:

(a) The practice of osteopathy or an attempt to practice osteopathy without a license;

(b) The obtaining of or an attempt to obtain a license, or practice in the profession for money, or any other thing of value, by fraudulent misrepresentation;

(c) The making of any willfully false oath or affirmation, whenever an oath or affirmation is required by this article;

(d) Advertising, practicing or attempting to practice under a name other than one’s own.(1923, c. 40, §14.)

§12. Limitation of Article.—The practice of medicine and surgery by persons authorized under the laws of this State to practice medicine and surgery shall in no way be affected by the provisions of this article.(1923, c. 40, §3.)

§1. Duties of State Public Health Council; Rules and Regulations.—The state public health council, through the state health commissioner or a member of the state department of health designated by him, shall have charge of the instruction, examination, licensing and registration of midwives; shall prepare the necessary instructions, forms and blanks to be used in this work; shall, through its field agents and other representatives, visit from time to time the different parts of the State for the purpose of instructing and examining midwives, either individually or in groups; and shall procure the registration of each midwife with the local registrar of vital statistics. The state commissioner of health may make such rules and regulations as he may deem necessary to carry out the provisions of this article.(1925, c. 22, §§1, 5.)

§2. Definition of Midwife; Limitation of Article.—For the purposes of this article, a midwife shall be any person at least twenty-one years of age, other than a physician, who shall attend or agree to attend any woman at or during child-birth, and who shall accept any compensation or other remuneration for her services: Provided, That nothing contained in this article shall prevent a neighbor or friend from rendering assistance in such cases in an emergency.(1925, c. 22, §2.)

§3. License to Practice Midwifery; Qualifications of Applicants.—No person, other than a licensed physician, shall practice midwifery in the State of West Virginia unless such person shall be duly licensed to practice midwifery as hereinafter provided.

Every person, other than a licensed physician, who wishes to practice midwifery shall make written application to the state public health council for a license to practice midwifery. The application shall be sworn to before a notary public and shall be accompanied by a registration fee of one dollar. Every applicant for a license to practice midwifery shall possess the following qualifications:

(a) She shall not be less than twenty-one years of age;

(b) She shall be able to read and write;

(c) She shall be clean and constantly show evidence, in general appearance and in her home, of habits of cleanliness;

(d) She shall either possess a diploma from a school for midwives recognized by the state commissioner of health, or shall have attended, under the instruction of a duly licensed and registered physician, not fewer than five mothers and new-born infants during lying-in periods of at least ten days each, and shall present a written statement from said physician or physicians that she has received such instruction in said five cases, with the name, date and address of each case, and establishing the fact that she is reasonably skillful and competent, to the satisfaction of the state commissioner of health;

(e) She shall present evidence satisfactory to the state public health council that she is of good moral character, has good health, and is free from communicable disease, in such form as the state commissioner of health, or such person designated by him, by rule or regulation may prescribe.(1925, c. 22, §3.)

§4. Registration of Midwife With Local Registrar of Vital Statistics.—Every licensed midwife shall register her name, address and license number with the local registrar of vital statistics of the district wherein she resides, within ten days after the issuance of such license and after any change in her address.(1925, c. 22, §4.)

§5. Term of License; Annual Renewal.—Unless revoked, every license to practice midwifery issued by the state public health council shall permit the holder thereof to practice midwifery only during the current calendar year, being from January first in any one year to December thirty-first next succeeding. In December application for renewal of the license for the ensuing year shall be made to the state public health council.(1925, c. 22, §5.)

§6. Cases in Which Midwife May Practice; Acts Forbidden.—A duly licensed and registered midwife may practice midwifery in cases of normal labor. In cases where delivery has not been accomplished in twelve hours a physician shall be summoned at once.

All midwives are forbidden to:

(a) Make vaginal examinations;

(b) Use instruments of any kind to aid delivery;

(c) Assist labor by any artificial, forcible or mechanical means;

(d) Administer, advise, prescribe or employ dangerous or poisonous drugs.(1925, c. 22, §6.)

§7. Duty As to Rules of State Department of Health, Sanitary Code and Public Health Law.—All midwives to whom licenses shall be issued pursuant to the provisions of this article shall conform to all rules and regulations of the state department of health, the provisions of the sanitary code enacted by the public health council, and the provisions of the public health law of the State of West Virginia.(1925, c. 22, §7.)

§8. Roster of Midwives; Reports of Local Health Officers and Employees of State Department of Health as to Midwives.—The state commissioner of health is authorized to furnish to each local health officer a roster of all midwives practicing within his jurisdiction, and to require of such local health officer a report as to the conduct of the several midwives who may be practicing within his jurisdiction. It shall be the duty of such local health officer to report truthfully any and all matters pertaining to the conduct of any licensed and registered midwife practicing as such within his jurisdiction. All reports of such local health officers respecting the conduct of such midwives, and all reports of any employees of the state department of health relating to the conduct and deportment of midwives licensed in accordance with the provisions of this article, made in the course of and as part of the official duties of such employees of the state department of health, shall be deemed prima facie evidence of the facts detailed in said reports, and shall be deemed sufficient to justify the action of the state public health council in refusing to issue any license to an applicant therefor, where the information detailed in such reports of any local health officer, or in the reports of any employee of the state department of health, respecting the conduct of any midwife, in its judgment justifies the withholding of such a license to such an applicant.(1925, c. 22, §7.)

§9. Revocation of License.—The state public health council may, for cause, revoke any license to practice midwifery issued pursuant to the provisions of this article, after having given the midwife whose license is sought to be revoked an opportunity to be heard.(1925, c. 22, §7.)

§10. Certificates Without Examination.—All midwives practicing midwifery in this State for three years prior to the fifteenth day of April, nineteen hundred and twenty-five, who are residents of this State, of good moral character, clean in their habits and free from infectious diseases, after presenting letters of recommendation from two physicians of good standing, or from two reputable citizens of this State by whom they have been employed, shall be given certificates by the state public health council, permitting them to practice midwifery in this State, without an examination.(1925, c. 22, §8.)

§11. Offenses; Penalties.—Any person, other than a licensed physician, who shall practice midwifery in this State without first being duly licensed so to practice, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.

§1. Chiropractic Board of Examiners.—The state public health council, with the addition of two resident course graduated practicing chiropractors of integrity and ability, who shall be appointed by the governor as members of the public health council for the purposes set forth in this article, shall constitute the chiropractic board of examiners for the examination only of applicants for license to practice chiropractic.

The chiropractic members of the public health council in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of July, nineteen hundred and twenty-seven, and on or before the first day of July of each alternate year thereafter, the governor shall appoint one chiropractor to serve as member of the council for a term of four years, commencing on said first day of July. The governor shall also fill vacancies caused by death or otherwise as soon as practicable after the occurrence of such vacancy.(1925, c. 20, §1.)

§2. Application for License; Qualifications of Applicant.—Any person wishing to practice chiropractic in this State shall apply to the secretary of the public health council for a license so to practice. Each applicant shall be a graduate of a chiropractic school or college recognized by the American chiropractic association which teaches a resident course of at least three calendar years of eight months each and requires active attendance upon the same, and shall be a graduate of an accredited high school giving a four-year course or have an education equivalent to the same, and shall have attended for at least two years an academic college equal in standing to the West Virginia university, as preliminary education.

Each application shall be accompanied by a certificate from the school or college attended by the applicant, which certificate shall set forth in full the training of said applicant, showing his studies and the length of his clinical practice. The public health council shall require of all applicants satisfactory evidence of good moral character.(1925, c. 20, §§2, 3.)

§3. Examination by Medical and Chiropractic Members of Public Health Council.—Applicants to practice chiropractic in this State shall be examined by the medical physicians who are members of the state public health council in the following subjects: Anatomy, histology, physiology, pathology, symptomatology, physical diagnosis, hygiene, sanitation, chemistry and bacteriology.

The chiropractic members of the public health council shall give an examination in the following subjects: Chiropractic philosophy, chiropractic analysis, nerve tracing, palpation and the art of adjusting.

All applicants shall be required to secure an average grade of eighty per cent in all subjects: Provided, however, That sixty-five per cent shall be the minimum grade in any subject.(1925, c. 20, §§10, 11.)

§4. Licensing Chiropractors From Other States.—Persons licensed to practice chiropractic under the laws of any other state having requirements equivalent to those of this article, and extending like privileges to practitioners of this State, may, in the discretion of the state public health council, be licensed to practice in this State without examination.(1925, c. 20, §16.)

§5. Refusal to Issue, Suspension or Revocation of License.—The state public health council may refuse to grant, or may suspend or revoke, a license to practice chiropractic in this State upon any of the following grounds, towit: The employment of fraud or deception in applying for a license or in passing the examination provided for in this article; the practice of chiropractic under a false or an assumed name or the impersonation of another practitioner of like or different name; the conviction of a crime involving moral turpitude; or habitual intemperance in the use of intoxicating liquors or narcotic drugs. In addition to the above stated grounds, the public health council shall revoke or refuse to grant a license to anyone practicing, under the guise of chiropractic, any health science or mode of healing other than chiropractic as defined in this article.(1925, c. 20, §4.)

§6. Fees.—Fees for examination and for issuing licenses to doctors of chiropractic shall be the same as in the case of the medical practitioners.(1925, c. 20, §14.)

§7. Who May Practice Chiropractic; Title of Chiropractor.—Every chiropractor who has complied with the provisions of this article shall thereupon be entitled to practice chiropractic in this State. The title of a chiropractor shall be doctor of chiropractic and shall be designated by the letters D. C.(1925, c. 20, §§5, 13.)

§8. Practice of Chiropractic Defined.—The practice of chiropractic is hereby defined as physical diagnosis, nerve tracing, palpation of the segments of the spinal column, and the adjustment of misaligned segments of the spinal column to their normal position for the purpose of relieving pressure upon spinal nerves.(1925, c. 20, §6.)

§9. Use of Mechanical Devices Prohibited; Exceptions.—The use of mechanical devices of any kind or any agency whatsoever other than the human hands, in giving chiropractic treatment, is prohibited in the practice of chiropractic, except the use of adjusting tables, and the employment of the X-ray which may be used only for the purpose of making pictures of the spine or segments of the spinal column, and only then by those who have completed the course and are in possession of a diploma in spinography issued by a regularly chartered school of chiropractic teaching spinography.(1925, c. 20, §7.)

§10. Duty of Chiropractor to Observe Health Regulations; Reports to Health Officer and Local Registrar of Vital Statistics.—Doctors of chiropractic shall observe and be subject to all state and municipal regulations in regard to the control of infectious diseases, and to any and all other matters pertaining to public health, and shall report to the public health officer in the same manner as is required of other practitioners. It shall further be the duty of doctors of chiropractic in this State to report to the registrar of vital statistics of his magisterial district, within ten days of its occurrence, any death which may come under his supervision, with a certificate of the cause of death and such correlative facts as may be at the time required by the state department of health.(1925, c. 20, §15.)

§11. Chiropractor Not Permitted to Perform Certain Acts; Exception.—No chiropractor or shall be permitted to prescribe for any person any medicine or drugs now or hereafter included in materia medica, or to administer any such medicine or drugs; and no chiropractor shall perform any minor or major surgery, practice obstetrics or practice osteopathy, unless duly licensed to do so by the laws of this State in addition to his license to practice chiropractic.(1925, c. 20, §8.)

§12. Chiropractor Not to be Paid Fee Out of Workmen’s Compensation Fund.—No practitioner of chiropractic in this or any other State shall be paid any fee out of the workmen’s compensation fund, or any other fund administered under the provisions of the workmen’s compensation act, for services rendered an injured workman whose employer has complied with the provisions of the workmen’s compensation act.(1925, c. 20, §17.)

§13. Unlawful to Practice Chiropractic Without License.—It shall be unlawful for any person to practice chiropractic in this State without first having obtained a license so to do, or after revocation and before renewal of such license as provided in this article.(1925, c. 20, §9.)

§14. Offenses; Penalties.—Any person who shall practice or attempt to practice chiropractic in this State without a license to do so, or any person who shall buy, sell, or fraudulently obtain any diploma or license to practice chiropractic, whether recorded or not, or who shall use the title to induce belief that he is engaged in the practice of chiropractic without fully complying with the provisions of this article, or any person who shall violate any other provision of this article, or who shall attempt to practice any of the arts of healing the sick by the practice of medicine or surgery in any of its branches, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court, and each day any person shall so violate any provision of this article shall constitute a separate offense.(1925, c. 20, §18.)

§15. Duties of Prosecuting Attorneys and Secretary of State Public Health Council.—It shall be the duty of the several prosecuting attorneys of this State to enforce the provisions of this article, and it shall be the duty of the secretary of the state public health council, under the direction of said council, to aid such attorneys in such enforcement.(1925, c. 20, §19.)