USA > Georgia > Memoirs of Georgia; containing historical accounts of the state's civil, military, industrial and professional interests, and personal sketches of many of its people. Vol. II > Part 20
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ionable and aristocratic city of Jacksonville, Fla., the sluggers fought, without molestation from the civic or military powers of our sister state, while the civil and military forces of Georgia, under personal command of our governor, stood guard over an enemy who never so much as started for Georgia. After the war was over the governor of Georgia allowed the civil and military forces of the state to go in peace to their homes. What a picture! An army solemnly sta- tioned, by the governor, and under his personal command, at the Florida line, to prevent a rumored slugging match in our state, yet the previous year, when our commonwealth was actually in process of being overrun with yellow fever refugees from Florida, neither the civil nor military powers of Georgia were com- manded by his excellency, nor even so much as one man sent, to protect our people from invasion by one of the most frightful pestilential diseases known to man. Section 1384 of the code of Georgia reads as follows: "The governor of this state may, by proclamation, whenever he shall deem it necessary, give such orders to prevent the spread of contagious or infectious diseases within the state, and make such appointments and regulations concerning the same as shall by him be deemed proper, and be stated in such proclamation, and any person violating such order or regulation may be fined or imprisoned at the discretion of any court having jurisdiction." Under these facts I think I am justified in insisting that there is urgent need that the highest officials in Georgia shall be educated into an appreciation of the elemental principles of sanitary civilization.
It is a sacred duty of the state to protect its citizens from foreign invasion by pestilence, or at least to seek the aid of the general government to render this service. Even though the United States government undertakes this duty the state of Georgia should employ an expert sanitarian to see that everything possible is done to protect her citizens. In the past this duty has been discharged by the various cities, towns and villages for themselves, the state having ignored this sacred trust. It is a great wrong for the state to place this burden upon the various communities of Georgia. The state should stand guard over our state lines to repel invasion by epidemic diseases. If this were done the extraordinary expenses of the various cities, towns and villages for this purpose would be annulled. Georgia has four seaports, and, therefore, is in constant danger of invasion by portable diseases brought from foreign countries, unless constant, intelligent, faith- ful sanitary surveillance be exercised over these ports. In thus protecting these seaports she will protect the entire state. Let it not be imagined that I consider the prevention of portable diseases the sole function of a properly organized and equipped public health service. Far from it. The most urgent need is a sanitary administration which will educate the people upon the possibilities and necessity of private and public hygiene in every community in Georgia, a public health service which can exterminate malaria, prevent pollution of water and soil, drain water- logged lands, prevent and stamp out contagious and infectious diseases, etc., etc. Deadly as are contagious diseases, it remains a fact that the vast majority of preventable diseases, diseases which are attended by greatest mortality in the aggregate, are non-contagious. They are diseases to which the people bow sub- missively as though they were a necessity, yet as a fact exist only because of neglect of private and public hygiene. Twice in the past eight years the medical profession of the state, together with local sanitary organizations, urged the legis- lature to organize, thoroughly equip and maintain a public health service in Geor- gia, and the governor in his message last year recommended it, yet the legislature turned a deaf ear to these appeals. Let us hope the next general assembly will show itself wiser than its predecessors. At present no officer of the state is charged with the duty of protecting the public health. Possessing as we do an almost
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matchless climate the intelligent, constant application of the laws of hygiene would render Georgia one of the healthiest places on the face of the globe.
LAWS GOVERNING PRACTICE OF MEDICINE IN GEORGIA.
In 1825 the general assembly at the request of the physicians of the state passed an act organizing a state board of medical examiners of the regular school of medicine. The duty of the board was: To meet annually or oftener, at the call of any three of their members; to elect all officers and fill all vacancies; to be a body corporate, with the right to exercise all the powers usual in such associations that are necessary to their organization, if in conformity to the constitution and laws; to grant licenses to all applicants who under the law are entitled thereto, and to fix the fee therefor when not fixed by law; to prescribe a course of reading to those who study medicine under private instruction which shall be obligatory upon all who may apply to the board for examination; to grant licenses to practice to all physicians of their school who present their diplomas from incorporated medical colleges of Georgia without examination; to grant licenses to all other persons who undergo a satisfactory examination, and to revoke such license whenever satisfactory evidence is produced to said board of irregular and unprofessional practices calculated to discredit the medical profession or to result in injury to the people; to grant license to practice in any particular branch of medicine or to treat any form of disease if satisfied upon the examination that the applicant is thus competent; to grant licenses to apothecaries upon their standing a satisfactory examination as to their knowledge of drugs and pharmacy. Section 1400 provided for the establishment of the board of reformed practice, and section 1402 a penalty for unauthorized practice. Neither board could license persons to practice in a school of medicine different from their own. Physicians belonging to a school of medicine not represented by a board of physicians could practice under their diploma alone, and if they had none, were liable as though they had no license and were required to have one. These boards continued in existence until 1880, when, by act of the legislature, they were abolished. The members of the board of medical examiners of the regular school of medicine were, in 1851: L. D. Ford, Augusta; I. P. Garvin, Augusta; R. W. Moore, Athens; J. Branham, Eatonton; B. F. Keene, Hillsboro; E. A. Broddus, Monticello; H. T. Shaw, Covington; R. Banks, Gainsville; G. D. Phillips, Clarksville; J. Persons, Columbus; W. J. Johnson, Fort Gains; W. K. Burroughs, Savannah; J. M. Green, Macon; M. A. Franklin, T. Fort, B. A. White, C. J. Paine, T. F. Green, G. D. Case, S. G. White, Milledgeville.
LAW OF 1880.
The act of the legislature of 1880 governing the practice of medicine is as follows: Section 1409. (a) Who may practice medicine. No person shall prac- tice medicine within this state, unless he has been heretofore legally authorized to do so, or shall be hereafter authorized so to do, by a diploma from an incorporated medical college, medical school or university, and by compliance with subsequent sections of this chapter. Section 1409. (b) "Practice medicine" defined. For the purposes of this chapter, the words "practice medicine" shall mean to suggest, recommend, prescribe, or direct, for the use of any person, any drug, medicine, appliance, apparatus, or other agency, whether material or not material for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture or other bodily injury, or any deformity, after having received or with the intent of receiving therefor, either directly or indirectly, any bonus, gift or compensation. Section 1409. (c) Practitioners must
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register. Every person not lawfully engaged in the practice of medicine within this state, shall, on or before the first day of December, eighteen hundred and eighty-one, and every person hereafter duly qualified to practice medicine shall, before commencing to practice, register in the office of the clerk of the superior court of the county wherein he resides and is practicing, or intends to commence the practice of medicine, in a book kept for the purpose by said clerk, his name, residence, and place of birth, together with the authority for practicing medicine, as prescribed in this chapter. The person so registering shall subscribe or verify, by oath or affirmation, before a person duly qualified to administer oaths under the laws of this state, an affidavit containing such facts, and whether such authority is by diploma or license, and the date of the same, and by whom granted, which shall be exhibited to the county clerk before the applicant shall be allowed to register, and which is willfully false shall subject the affiant to conviction and punishment for false swearing. The county clerk to receive a fee of fifty cents for each registration, to be paid by the person so registering .- Section 1409. (d) Must register again on removal. Any registered physician in this state, who may change his residence from one county into another county in this state, shall register within the clerk's office of the county to which he removes and wherein he intends to reside, and to practice medicine as provided in the preceding section. Section 1409. (e) Penalty for illegal practice. Any person who violates either of the four preceding sections, or who shall practice or offer to practice medicine, without lawful authority, or under cover of a diploma or license illegally obtained, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than one hundred dollars, or more than five hundred, or by imprisonment for not less than thirty or more than ninety days, or both. The fine when collected shall be paid, the one-half to the person, persons or corporation making the complaint, the other half into the county treasury. Section 1409. (f) Medical officers excepted. Nothing in this chapter shall apply to commissioned medical officers of the United States army or navy, or to the United States hospital service, or to legally qualified dentists in the practice of their profession, or to any woman practicing only midwifery.
In 1883 the following amendment to the medical practice act of 1880 was adopted by the general assembly: Section I. Be it enacted by the general assembly of the state of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act, section 1409 (a) of the code of 1882 be amended by adding the words, "or has, after attending one or more full terms at a regular chartered medical college, been in active practice of medicine since the year 1806," between the words "university" and "and," in the fourth line of said section, so that said section when amended shall read as follows: No person shall practice medicine within this state unless he has been heretofore legally authorized to do so by a diploma from an incorporated medical school or university, or has, after attending one or more full terms at a regular chartered medical college, been in active practice of medicine since the year 1806, or who was by law authorized to practice medicine in 1806. Section II. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are hereby repealed.
The law governing the practice of medicine in this state is the act of 1880, as amended in 1883. If the intention of the legislature was to suppress quackery, the law is utterly worthless. In fact, this law should be styled "An act to promote quackery in Georgia." Ist. Our law permits any person holding or claiming to hold a diploma in his or her name from an incorporated medical college, school or university, to practice medicine. It is not required that a diploma from colleges
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in other states should have the seal of the commonwealth attached, attesting the fact that the college issuing it is an incorporated medical college under the laws of that state. 2d. Even though the college issuing the diploma may be incor- porated, this by no means proves that it is a reputable institution. For many years the celebrated Dr. Buchanan made a business of selling medical diplomas at ten dollars each to whomsoever would buy one of him. His institution was incorporated under the laws of the state in which he lived, yet any person who had never been inside of a medical college even upon a visit of curiosity, could, for ten dollars, purchase one of these diplomas, move to Georgia and be placed by our law upon the same plane with the most highly educated physician in our state. 3d. Ridiculous as it may seem, yet the fact remains, the person claiming to hold a diploma is not required to exhibit it to the registrar. He merely takes an oath that he has such a diploma, and the clerk of the superior court is com- pelled to register him as a legally qualified practitioner of medicine in that county. 4th. Under the law it is not made the duty of any officer to ascertain if or not the oath taken by said licensee is false. What is everybody's business is nobody's business. Therefore the villain is free to palm off upon the unsuspecting citizens of Georgia as a doctor of medicine even though he has never walked into a medical college, or gone to the trouble or expense to purchase one of the Buchanan type. 5th. The law fails to make it the duty of any officer to see that its provisions-as elastic as they are-are carried out. As a consequence the state is literally overrun with quacks-many of them permanently located in the various counties of the state, while scores of them travel from county to county, and advertise themselves as graduates of the most celebrated schools of the world, and thus, protected by a farcical state law, swindle our citizens. So bold are these quacks that when, in 1893, the Medical Association of Georgia attempted to have a law enacted for a state board of medical examiners, before whom all persons claiming to be graduates in medicine should stand an examina- tion in medicine and thus demonstrate their fitness for the high office of physician, quacks sent two of the most distinguished lawyers in Georgia before the legisla- ture to protest against the enactment of such a law. One of these lawyers, an elegant gentleman, and an ex-judge, when asked whom he represented frankly avowed that he was "there in the interest of Dr. ," who is a celebrated quack from Massachusetts. The other lawyer-apparently a pleader for a fee-when asked by members of the legislature who he represented, refused to divulge the name of his client, and, with the cunning of the pleader, replied: "I am here to represent every man, woman and child in Georgia." He misled no one, for his ignorant charges against, and unjustifiable attack upon the regular profession, together with his defense of quackery, but too plainly evidenced the fact that he was the paid attorney of some quack who feared that he and his ilk would no longer be allowed to deceive and swindle the citizens of Georgia. What a mortifying spectacle! Quacks, through paid attorneys, permitted to boldly invade the halls of the general assembly and demand the right under legal protection to carry on their nefarious work. The bill of the State Medical association was the same as that passed by the legislature in December,* 1894, except that the bill proposed in 1893 provided for only one board of medical examiners, before whom all applicants for license to practice medicine in Georgia should appear and demon- strate their fitness as physicians. The bill of 1893 contemplated a board com- posed of fifteen physicians, thirteen of whom should be from the regular school of medicine, two homeopaths and one eclectic. It provided that homeopaths and eclectics should stand the same examination as required of the regular physicians
*The act of 1894 was passed after the first part of this article was written.
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on all the fundamental branches of medicine except materia medica and thera- peutics, but that upon materia medica and therapeutics homeopaths and eclectics should be examined only by the members of the board belonging to these respective schools of medicine.
All the medical colleges of Georgia of the regular school heartily favored the bill and endeavored to secure its passage. The Atlanta Medical college favored the bill, but requested to be exempted from its provisions until 1895. The bill passed the senate, but was killed in the lower house through the influence of ignorant physicians of the regular school of medicine, together with the homeo- paths, eclectics and quacks. The laws of Georgia provided a board of pharma- ceutical examiners, and requires of every person to stand an examination before the board, and thus demonstrate his competency as a pharmacist before he can follow that calling.
THE LAW GOVERNING MEDICAL PRACTICE:
In December, 1894, the legislature enacted the following bill, entitled: An act to establish boards of medical examiners for the state of Georgia; to define their duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery ; to regulate the issuing and recording of licenses; to pre- scribe penalties for the violation of this act; and for other purposes. Section I. Be it enacted by the general assembly of Georgia, and it is hereby enacted by authority of the same, that within thirty days after the passage of this act it shall be the duty of the governor to appoint for this state three separate boards of medical examiners of five members each, as follows: One board to consist of five members of the regular school of medicine, one board of five members of the eclectic school of medicine, and one board of five members of the homeopathic school of medicine. The members of each of said boards shall be men learned in medicine and surgery, and of good moral and professional character, and graduates of reputable medical colleges; but none of them shall be members of the faculty of any medical college. Each of said three boards shall be wholly independent of and separate from the other two in the performance of the duties herein required of each of said boards. A majority of each board shall constitute a quorum.
Section 2. Be it further enacted, that the term of office of said members shall be for the term of three years; provided, that two members of each board shall first be appointed for one year, two for two years, and one for three years; and subse- quently each appointment shall be for the full term of three years. Any vacancy that may occur in said board, in consequence of death. resignation, removal from the state, or from other cause, shall be filled for the unexpired term by the governor.
Section 3. Be it further enacted, that immediately and before entering upon the duties of said office, the members of said board of medical examiners shall take the following oath: "I do swear that I will faithfully perform the duties of a member of the board of medical examiners for the state of Georgia, to the best of my ability, so help me God." And shall file the same in the office of the governor of the state, who, upon receiving the said oath of office, shall issue to each examiner a certificate of appointment.
Section 4. Be it further enacted, that immediately after the appointment and qualification of said members, each board shall meet and organize. The officers of said board shall be a president, vice-president, and secretary (who shall act as treasurer). Said officers shall be members of and elected by their respective boards. Each board shall hold two regular meetings in each year. One meeting shall be held at such time, on or just before graduation day of each medical college now chartered, or that may hereafter be chartered, in this state; and the board of ex-
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aminers, after consultation with the faculty of said college, shall fix a time for its meeting to suit the majority of the students graduating from said college; the other on the second Tuesday in October. The first meeting shall be held in the city of Atlanta, and the succeeding meetings of each board may be held in such city as each board may determine for itself. Special meetings may be held upon the call of the president and two members of each board; but there shall not be less than two regular meetings in each year. Each board may prescribe rules, regulations, and by-laws for its proceedings and government. And each board shall examine and pass upon the qualifications of applicants for the practice of medicine in this state, as herein provided.
Section 5. Be it further enacted, that it shall be the duty of each board, at any of its meetings, to examine only persons making application to it who are graduates from an incorporated college, school or university that requires not less than three full courses of study of six months each, who shall desire to commence the practice of medicine or surgery in the state, and who shall not by the provisions of this act be exempt from such examination; but any person now matriculated as a student of medicine at any medical college, after graduation, and any person from another state who shall have graduated prior to April 1, 1895, at a lawfully chartered medical college requiring only two full courses of study, shall be eligible for examination and license; provided, always, that the applicants for such exam- ination shall have a lawfully conferred diploma from an incorporated medical college which conforms to the system of practice represented by the board to which the application shall be made, unless the applicants desire to practice a different system from that recognized in his diploma; then he shall appear before the board which represents the system that he proposes to practice. But in no event shall an applicant who stands rejected by one of said boards be examined or licensed by either of the other boards. If the applicant desires to practice a system not represented by any of the boards hereby established, he may elect for himself the board before which he will appear for examination. When an applicant shall have passed an examination satisfactory as to proficiency before the board in session, the president thereof shall grant to such applicant a certificate to that effect. A fee of $ro shall be paid to such board, through such officer or member as it may designate, by each applicant, before such examination is had. In case an applicant shall fail to pass a satisfactory exmination before the board, he shall not be permitted to stand any further examination before any of the boards within the next three months thereafter. Nor shall he again have to pay the fee prescribed as aforesaid for any subsequent examination; provided, that when, in the opinion of the president of any board, any applicant has been prevented by good cause from appearing before said board, the president and two members of said board desig- nated by him shall constitute a committee who shall examine such applicant, and may, if they see fit, grant him a certificate, which shall have the same force and effect as though granted by a full board, when, if the applicant fail to appear for examination, said certificate shall be void.
Section 6. Be it further enacted, that the funds raised from the fees aforesaid shall be applied by each examining board to the payment of its expenses and to making a reasonable compensation to the president, secretary and members thereof.
Section 7. Be it further enacted, that before any person who obtains a certificate from any board, or from a committee of any board, may lawfully practice medicine or surgery in this state, he shall cause the said certificate to be recorded in the office of the clerk of the superior court in the county in which he resides. But, if he does not reside in the state of Georgia, he shall require said certificate to be recorded in any county within his state in which he offers to practice. The cer-
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tificate shall be recorded by the clerk, in a book to be kept for that purpose. It shall be indexed in the name of the person to whom the certificate is granted. The clerk's fee for recording a certificate shall be the same as for recording a deed.
Section 8. Be it further enacted, that this act shall take effect from and after the first day of January, 1895, and that it shall be unlawful thereafter for any person to commence the practice of medicine or surgery in this state without complying with the provisions of this act. But nothing in this act shall apply to persons now lawfully engaged in the practice of medicine or surgery in the state of Georgia, to any commissioned medical officer or contract surgeon of the United States army or navy or marine hospital service, in the performance of their duties as such, nor to any physician or surgeon residing in any state or territory of the United States, or in the district of Columbia, who may be, bona fide, called in consultation in a special case with a physician or surgeon residing in this state; nor shall this act be construed as affecting or changing, in any way, laws in reference to license tax to be paid by physicians and surgeons; provided, that a non-resident physician or surgeon, called in consultation in a special case, as above prescribed, shall not be permitted to engage in continuous practice or consultation in connection with any resident physician or surgeon under any form of contract or agreement, direct or indirect.
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