ance with the provisions of the public-health law, shall take such procedure as will prevent said person continuing a menace to the public health and assist in his cure.

REG. 29e. Duties of physicians and others under the public-health law concerning syphilis, gonorrhea, and chancroid.-It shall be the duty of every physi cian or other person required to perform any duty or refrain from any act under article 17b of the public-health law as added by chapter 264 of the laws of 1918, providing for the regulation of syphilis, gonorrhea, and chancroid ("venereal diseases "), to take all steps incumbent on him and necessary to carry into effect the provisions of the said law.

Coughing and Sneezing-Nose and Mouth to Be Covered. (Reg. Pub. H. Council, Oct. 11, 1918.)

Regulation la of chapter 7 is hereby added to the sanitary code of the State of New York and reads as follows:

REG. 1a. Unguarded coughing and sneezing in public places forbidden.—In order to prevent the conveyance of infective material to others, all persons are required, in coughing and sneezing, properly to cover the nose and mouth with a handkerchief or other protective substitute.

It shall also be the duty of every person to observe all such regulations as may be issued by the State commissioner of health to prevent the transfer of infective material from the nose and mouth.

County Tuberculosis Hospitals-Establishment and Maintenance. (Ch. 268, Act Apr. 19, 1918.)

13

SECTION 1. Section 45 of chapter 16 of the laws of 1909, entitled "An act in relation to counties, constituting chapter 11 of the consolidated laws," as added by chapter 341 of the laws of 1909 and amended by chapters 166 and 379" of the laws of 1913, chapter 323 of the laws of 1914, chapters 132" and 427" of the laws of 1915, and chapter 469 of the laws of 1917, is hereby amended to read as follows:

SEC. 45. The board of supervisors of every county in the State containing a population of 35,000 or more, as determined by the latest State census, shal establish, as hereinafter provided, a county hospital for the care and treatment of persons suffering from the disease known as tuberculosis, unless there already exists in such county a hospital or institution provided by the county or other authority and caring for persons suffering from tuberculosis, which is approved by the State commissioner of health, or the board of supervisors of such county shall enter into a contract prior to November 1, 1918, for the care of its tuberculosis patients with an adjoining county having such county hospital or with a private sanatorium within its county or shall join with one or more other counties in the establishment and maintenance of such county hospital as hereinafter provided. Such county hospital, except a hospital established and maintained by two or more counties, shall be available for patients on or before the 1st day of July, 1918. If the board of supervisors of any such county shall have failed to secure a site for a county tuberculosis

13 Pub. Health Reports Reprint 264, p. 309.

14 Id., p. 310.

15 Pub. Health Reports Reprint 279, p. 109.

16 Pub. Health Reports Reprint 338, p. 380. 17 Id., p. 382.

hospital and to have awarded contracts for the erection of suitable buildings thereon by the 1st day of January, 1918, it shall be the duty of the State commissioner of health forthwith to proceed to locate, construct, and place in operation a tuberculosis hospital in and for such county, the capacity of which shall not exceed the average number of deaths per annum from tuberculosis in such county during the past five years. For such purposes the State commissioner of health shall possess, and it shall be his duty to exercise, all the powers which would have been possessed by the board of supervisors of such county had such hospital been established and placed in operation by the board of supervisors thereof. All expenditures incurred by the State commissioner of health for and in connection with the location, construction, and operation of such hospital shall be a charge upon the county, and provision shall be made for the payment therefor by the board of supervisors of such county in the same manner as in the case of other charges against the county. At any time after such hospital has been in operation the board of supervisors in such county may appoint a board of managers for such hospital, pursuant to the provisions of this act, and 30 days after the appointment of such board of managers by such board of supervisors such hospital shall be transferred to such board of managers, and such board of managers shall thereafter possess and exercise all the powers of the board of managers of a county hospital for tuberculosis under this act, and the State commissioner of health shall be relieved from any responsibility therefor except such responsibility as he exercises in regard to all county tuberculosis hospitals under the provisions of this act.

When deemed advisable by the board of supervisors and approved by the State commissioner of health any such county may maintain more than one county hospital for the care and treatment of persons suffering from tuberculosis. The board of supervisors of any other county shall have power by a majority vote to establish a county hospital for the care and treatment of persons suffering from the disease known as tuberculosis, or it may submit the question of establishing such a hospital to the voters of the county at any general election, and in any county in which town meetings at which all the voters of the county may vote are held in the spring of the year the board of supervisors of such a county shall have authority also to submit the question of establishing such a hospital at said town meetings to the electors of the county who are qualified to vote at a general election. The board of supervisors shall fi the sum of money deemed necessary for the establishment of said hospital. The form of the proposition submitted shall read as follows: "Shall the county of appropriate the sum of dollars for the establishment of a tuberculosis hospital?" The clerk of the board of supervisors, immediately upon the adoption of such resolution, shall forward to the duly constituted election authorities of the county a certified copy of said resolution providing for the submission of the proposition. The election notices shall state that the proposition will be voted upon and in the form set forth above. Such proposition shall be submitted on a distinct and separate ballot without any other question being printed thereon, any general or special law to the contrary notwithstanding. Provision for taking such vote and for the canvassing and returning of the result shall be made by the duly constituted election authorities.

If a majority of the voters voting on such proposition shall vote in favor thereof, then such hospital shall be established hereunder and the sum of money named in the said proposition shall be deemed appropriated, and it shall be 180482°-20-19

the duty of the board of supervisors to proceed forthwith to exercise the powers and authority conferred upon it in this section.

When the board of supervisors of any county shall have voted to establish such hospital, or when a referendum on the proposition of establishing sch a hospital in a county as authorized above shall have been carried the board of supervisors shall:

1. Purchase or lease real property therefor, or acquire such real propers. and easements therein, by condemnation proceedings, in the manner prescr2»‹‹d by the condemnation law, in any town, city, or village in the county. After the presentation of the petition in such proceeding prescribed in section 3300 of the code of civil procedure and the filing of the notice of pendency of action prescribed in section 3381 thereof, said board of supervisors shall be and become seized of the whole or such part of the real property described in said petition to be so acquired for carrying into effect the provisions of this act, as such board may, by resolution adopted at a regular or special session, determine to be necessary for the immediate use, and such board for and in the name of such county may enter upon, occupy and use such real property so described and required for such purposes. Such resolution shall contain a description of the real property of which possession is to be taken and the day upon which possession will be taken. Said board of supervisors shall cause a copy of such resolution to be filed in the county clerk's office of the county in which such property is situate, and notice of the adoption thereof, with a copy of the resolu tion and of its intention to take possession of the premises therein described on a day certain, also therein named, to be served, either personally or by ma upon the owner or owners of, and persons interested in such real property, at least five days prior to the day fixed in such resolution for taking possession. From the time of the service of such notice, the entry upon and appropriation by the county of the real property therein described for the purposes provided for by this act shall be deemed complete, and such notice so served shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the lands appropriated. The board of supervisors may cause a duplicate copy of such papers so served, with an affidavit of due service thereof on such owner or person interested, to be recorded in the books used for recording deeds in the office of the county clerk of its county, and the record of such notice and such proof of service shall be prima facie evidence of the due service thereof. Compensation for property thus acquired shall be made in such condemnation proceedings.

2. Erect all necessary buildings and alter any buildings, on the property when acquired for the use of said hospital: Provided, That the location of the buildings and the plans and such part of the specifications as shall be required by the State commissioner of health for such erection or alteration together with the initial equipment shall first be approved by the State commissioner of health. Any changes in such location or plans shall also be first approved by the State commissioner of health, and the State commissioner of health and his duly authorized representatives shall have the power to inspect such county hospitals during the course of their construction for the purpose of seeing that such plans are complied with.

3. Cause to be assessed, levied, and collected such sums of money as it shall deem necessary for suitable lands, buildings, and improvements for said hos pital, and for the maintenance thereof, and for all other necessary expenditures therefor; and to borrow money for the erection of such hospital and for the purchase of a site therefor on the credit of the county, and issue e unty obligations therefor, in such manner as it may do for other county purpose'S

4. Appoint a board of managers for said hospital as hereinafter provided. 5. Accept and hold in trust for the county, any grant or devise of land, or any gift or bequest of money or other personal property, or any donation to be applied, principal or income, or both, for the benefit of said hospital, and apply the same in accordance with the terms of the gift.

6. Whenever it shall deem it in the public interest so to do, and notwithstanding the provisions of any other general or special act, change the location of such hospital and acquire a new site by purchase, lease, or condemnation, as provided in this section, and establish the hospital thereon. The board of supervisors of any county of the State, including a county in which the provisions of this chapter are not mandatory, subject to the approval of the State commissioner of health, may enter into a contract prior to November 1, 1918, for the care of its tuberculosis patients with the board of supervisors of an adjoining county having such county hospital or with a private sanatorium within its county, or may, subject to like approval, jointly with the boards of supervisors of one or more other adjoining counties, establish prior to November 1, 1918, and thereafter maintain such county hospital. In the establishment and maintenance of such joint county hospital, the boards of supervisors so uniting, in accordance with such rules and regulations as may be prescribed by the State commissioner of health, shall have jointly, except as provided in this section, all the power and authority conferred and obligations imposed upon boards of supervisors by this chapter for the establishment and maintenance of such county hospital in a single county, and, for that purpose, each board of supervisors in such county shall appoint severally three of its members, who collectively shall be a commission, to select a site for such joint county hospital in any town, city, or village in one of such counties and, when the necessary real property so selected by such commission shall have been acquired, purchased, or leased as herein provided, to erect all necessary buildings, and alter any buildings, on such property for the use of such joint hospital. Such commission shall have all the powers and duties conferred or imposed upon boards of supervisors by sections 45 to 49, inclusive, of this chapter, except as in this section expressly otherwise provided. Every such joint county hospital shall be completed and ready for occupancy prior to July 1, 1919. When completed, each board of supervisors in such counties shall appoint severally three citizens of its county, of whom at least one shall be a practicing physician, who collectively shall constitute a board of managers of such joint county hospital and shall exercise the functions and powers granted and be subject, so far as practicable, to the provisions of this chapter applicable to boards of managers of a county hospital established under this chapter in a single county and said board of managers shall appoint at least one nurse in each county for the discovery, visitation, and care of persons affected with tuberculosis and may appoint such additional nurse or nurses is it may deem necessary. The representation and voting power of each manager in such joint board shall be upon the basis and at the rate of one Vote for each 1,000 and major fraction of the population of the county from which such manager shall be chosen as determined by the latest State census. Ti superintendent appointed by such board shall have the powers and perform the duties which are prescribed in this chapter for superintendents of hospitals in a single county and the other employees of such board shall ferform such duties as the board shall prescribe.

The expense of the establishment and maintenance of a joint county hospital as herein provided shall be paid by such counties in proportion to the assessed value of the taxable property of each such county as it appears by the assess

ment rolls of such counties on the last assessment for State or county taxes prior to the incurring of such expense, and the board of supervisors of each county so combining is hereby authorized to borrow money to defray its share, estimated as herein provided, for the erection of such hospital and for the purchase of a site therefor on the credit of the county and issue county obligations therefor in such manner as it may do for other county purposes. All provisions of sections 45 to 49, inclusive, of this chapter not in conflict with the provisions of this section shall apply to such joint hospital, its establishment, maintenance, and operation, except that for the purpose of the admission of patients to such hospital each of the counties so combining shall be considered the county in which the hospital is situated.

SEC. 2. The amendments made by this act shall not apply to counties in which a site for a tuberculosis hospital has been selected by any county and a petition for the approval of such site has been presented to the State board of health pursuant to the provisions of this chapter.

County Tuberculosis Nurses-Employment and Duties. (Ch. 284, Act Apr. 19, 1918.)

SECTION 1. Subdivision 9 of section 47 of chapter 16 of the laws of 1909, entitled “An act in relation to counties, constituting chapter 11 of the consolidated laws," as added by chapter 32318 of the laws of 1914 and amended by chapter 469 of the laws of 1917, is hereby amended so as to read as follows: [The board of managers of a county tuberculosis hospital—]

9. Shall employ a county nurse, or an additional nurse or nurses if it deems necessary, for the discovery of tuberculosis cases and for the visitation of such cases and of patients discharged from the hospital and for such other duties as may seem appropriate; and shall cause to be examined by the superintendent or one of his medical staff suspected cases of tuberculosis reported to it by the county nurse, or nurses, or b; physicians, teachers, employers, heads of families, or others; and it may take such other steps for the care, treatment, and prevention of tuberculosis as it may from time to time deem wise. In cases, however, where it is not mandatory to establish a county tuberculosis hospital and no board of managers has been provided, the board of supervisors shall have the power to appoint and employ such nurse or additional nurse or nurses, and ap pointments heretofore made by boards of supervisors in such cases are hereby ratified, confirmed, and legalized.

Bureau of Venereal Diseases-Establishment, Powers, and Duties. (Ch. 342, Act Apr. 30, 1918.)

SECTION 1. There is hereby established in the State department of health a bureau of venereal diseases.

SEC. 2. Said bureau shall be under the direction of the State commissioner of health who shall appoint all necessary employees thereof and fix their salaries. Said bureau shall be authorized to buy, manufacture, and dispense under such conditions as may be prescribed by the State commissioner of health remedies for the treatment of venereal diseases, to examine specimens submitted to it, to make all necessary tests, provide and distribute literature and to use such other means as seem desirable for the instruction of the public and the suppression and cure of venereal diseases, and to take such further action as seems necessary to secure this end.

As Pub. Health Reports Reprint 279, p. 109.