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5 of the auditor to examine into such lists, and if he have reason 6 to believe that they or any of them are not correct, he shall 7 return them to the court for correction, pointing out where8 in they are not correct, and giving his reason why they should 9 be corrected as to any person or subject therein. If, how10 ever, after said lists have been recorded in his office by the 11 auditor it appears therefrom that there are clerical errors 12 still remaining therein affecting a proper return of any of 13 the real estate entered in said lists, it shall be the duty of the 14 clerk of the county court of the county in which such real es15 tate is located, to certify to the auditor a copy of such de16 linquency as it appears from the original delinquent list on 17 file in his office and the auditor shall correct his records in 18 accordance therewith. Should such errors also appear on the 19 original delinquent list filed by the sheriff in the office of the 20 clerk of the county court it shall be the duty of the sheriff to 21 enter proper corrections thereon before the copy hereinbe22 fore provided for is certified to the auditor. The auditor shall 23 credit the sheriff or collector with the amount of all state and 24 state school taxes mentioned in said lists, if the same be pre25 sented at his office before the first day of September in the 26 year next succeeding that for which said taxes were assessed. 27 All taxes paid to the auditor under the preceding section shall 28 be paid by him into the treasury of the state, and he shall draw 29 his warrant on the treasurer, payable to the order of the sher30 iff of the proper county, for the county and district taxes so 31 received by him. He shall at the same time certify to the clerk 32 of the county court of the same county, the amount of any 33 such warrant and the portions thereof which are due to the 34 county and the district in which the land is situated, respec35 tively. The said clerk shall, in turn, notify the proper board 36 of education of the amount due the district.

CHAPTER 38

(House Bill No. 23—Mr. Hall of Wetzel)

AN ACT to amend and re-enact section three of chapter thirty-one of the code of West Virginia, one thousand nine hundred and sixteen, relating to redemption of delinquent lands.

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Be it enacted by the Legislature of West Virginia:

That section three of chapter thirty-one of the code of West Virginia, one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows:

Section 3. Of the real estate mentioned in the preceding 2 section, except as therein otherwise provided, and of all real 3 estate hereafter returned delinquent for nonpayment of taxes, 4 a record shall be kept by the auditor in his office. And at any 5 time prior to the first day of October before the lists provided 6 for in section four of this chapter have been certified and de7 livered by the auditor to the sheriff or collector of taxes of the 8 county in which such real estate is situated, any person having 9 the right to redeem the same may do so by paying into the 10 treasury the amount of taxes on any such real estate as here11 inafter provided. But after such lists are delivered to the 12 sheriff or collector of taxes of a county, no further redemp13 tion shall be made except by payment to the sheriff or collector 14 of taxes of the county, of the amount of taxes and interest due 15 thereon, with such additional costs as may have been incurred 16 by him in proceeding to sell the real estate sought to be re17 deemed.

CHAPTER 39

(House Bill No. 25-Mr. Jones)

AN ACT to amend and re-enact chapter one hundred thirty-six of the acts of one thousand nine hundred and twenty-one, relating to qualifications of those desiring to practice medicine in the state of West Virginia.

[Passed April 12, 1923. In effect ninety days from passage. Became a law without approval of the Governor]

SBC. 9.

Requirements necessary to prac-
tice medicine in state; public
health council may accept cer-
tificates; public health council
to hold examinations; duties and

powers of public health council as to examinations; physicians living in other states, called in consultation; midwifery; medical officers of the United States army or navy.

Be it enacted by the Legislature of West Virginia:

That section nine, chapter one hundred fifty Barnes' code of the year one thousand nine hundred and sixteen be amended and reenacted to read as follows:

Section 9. The following persons and no others shall here2 after be permitted to practice medicine in this state. (1) All 3 such persons as shall be legally entitled to practice medicine in 4 this state at the time of the passage of this act. (2) All 5 such persons as shall be graduates of class "A" medical schools 6 as classified by the council on education of the American Medi7 ical Association and American Association of Medical Col8 leges (and the American Institute of Homeopathy and the Na9 tional Eclectic Medical Association) and American Osteopathic 10 Association and then only from such schools when so classi11 fied as do require a condition to entrance upon the 11-a study of medicine at least two years of academic work 12 of collegiate grade in a standard college of arts and sciences 13 of equal rank with the college of arts and sciences in the Uni14 versity of West Virginia, who shall pass an examination before 15 said public health council and shall receive a certificate there16 from as hereinafter provided; provided, however, that the public 17 health council, or a majority of them, may accept, in lieu of an 18 examination, the certificate of license to practice medicine legal19 ly granted by the state board of registration or examination or 20 licensing board of another state, territory or any foreign coun21 try whose standard of qualification for the practice of medicing 22 is equivalent to that of this state, and grant to the said ap23 plicant a certificate of license to practice medicine in this state; 24 provided such states, territories or foreign countries accord like 25 privileges to licentiates of this state. The public health council 26 shall at such times as a majority of them deem proper, hold 27 examinations for the licensing of practitioners of medicine; such 28 examinations shall not be less than two during the year, and 29 shall be held at such points in the state as shall be most con30 venient for those presenting themselves for examination, or to 31 the public health council; at such examination, written and oral 32 questions shall be submitted for the applicants for license, cov33 ering all the essential branches of the sciences of medicine and 34 surgery, and the examination shall be a thorough and decisive 35 test of the knowledge and ability of the applicants. The presi36 dent and secretary of the public health council shall issue certi

37 ficates to all who successfully pass the said examination and to 38 all those certificates said public health council or a majority 39 of them shall accept in lieu of an examination as hereinbefore 40 provided, except that in all the certificates issued to applicants 41 who adhere to the osteopathic school it shall appear that it is 42 for the practice of osteopathy, and such certificates after being 43 duly recorded as hereinafter provided, shall be deemed licenses 44 to practice medicine, surgery and osteopathy in all their 45 branches in this state. The public health council shall give timely 46 notice of the time and place of holding such examinations in 47 at least three newspapers of general circulation in this state, 48 and all such persons wishing to present themselves for ex49 amination shall notify the secretary and comply with the rules 50 of the public health council. No applicant for license to prac51 tice medicine in this state shall be rejected because of his or 52 her adherence to any particular school or theory of medicine. 53 The public health council shall call to their assistance in the 54 examination of any applicant who professes the homeopathic, 55 osteopathic or eclectic school of medicine, a homeopathic, osteo56 pathic or eclectic physician entitled to practice medicine in this 57 state under this act, and such homeopathic, osteopathic, or 58 eclectic physician so called to the assistance of the public health 59 council, shall be allowed per diem and actual expenses incurred 60 hereinbefore allowed the regular members of the public health 61 council; provided, however, that the provisions of this and the 62 preceding section shall not apply to physicians living in other 63 states and duly qualified to practice medicine therein, who shall 64 be called in consultation into this state, by a physician legally 65 entitled to practice medicine in this state under this chapter, 66 and, provided, further, that the provisions of this chapter shall 67 not apply to females practicing midwifery, or to commissioned 68 officers of the United States army and navy and marine hospital 69 service when in the actual discharge of their duties as such. 70 commissioned officers.

ᏟᎻᎪᏢᎢᎬᎡ 40

(House Bill No. 116-Mr. Read)

AN ACT to define osteopathy and to authorize and regulate the practice of osteopathic physicians and surgeons and to provide penalties for the violation of this act and to repeal all acts and parts of acts in conflict herewith.

[Passed April 25, 1923.

SEC. 1.

3.

4.

In effect ninety days from passage.
without the Approval of the Governor]
SEC.
8.

"Osteopathy" defined.

2. Unlawful to practice without li-
cense; issued by State board of
osteopathy; license heretofore
issued not affected by act.
Practice of medicine and surgery,
authorized by law, not affected
by acts.
State board of osteopathy consist-
ing of three members; appoint-
ed by Governor; term of office,
one, two and three years; there-
after one appointed, each year,
for three year term; board to
have seal; shall adopt rules,
regulations and by-laws; shall
hold not fewer than two exami-
nations each year; compensation
not to exceed fees collected;
balance, if any, turned over to
State by end of fiscal year.
Qualifications, must be legally
qualified, must have had five
years practice; take constitu-
tional oath.
Requirements of applicants for
examination: (1) Must apply on
blank furnished by board: (2)
submit evidence, under oath, that
applicant is twenty-one years
of age must have professional
education required by act; (3)
fees payable in advance: (a) ex-
amination osteopathic physician
and surgeon twenty-five dollars:
(b) for license under section
ten, same.

5.

6.

7.

9.

10.

11.

12.

13.

14.

15.

Applicant must be graduate of
professional school of osteo-
pathy; course to cover four 16.
years of nine months each;
curriculum defined in section
eight.

Became a law

School or College of Osteopathy defined; requirements for doctor's degree four years course of thirty-six weeks each; course of study outlined.

License issued by President and Secretary; may accept credits in lieu of examination.

Board may issue license without examination, as follows: (1) to persons who have met requirements or hold license in another state; or (2) to practictioners in U. S. Army, Navy or public health service.

License must be recorded by County Clerk; shall display license in place of business. Shall report births and deths and matters pertaining to public health; have same rights physicians and surgeons. Licenses refused, suspended

as

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Be it enacted by the Legislature of West Virginia:

Section 1. The word "osteopathy" as used in this act is the 2 name of that system of the healing art which places the chief 3 emphasis on the structural integrity of the body mechanism as 4 being the most important single factor in maintaining the well5 being of the organism in health and disease.

Sec. 2. It shall be unlawful for any person to practice 2 medicine as an osteopathic physician or osteopathic physician 3 and surgeon in this state, without a license issued by the state 4 board of osteopathy hereinafter created; provided, that any 5 certificate or license heretofore issued under the laws of this 6 state, authorizing its holder to practice osteopathy and surgery 7 shall in no wise be affected by the provisions of this act.

Sec. 3. The practice of medicine and surgery by persons 2 authorized under the laws of this state to practice medicine and 3 surgery shall in no way be affected by the provisions of this

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