Process-How Served.

Section 24. All citations and subpoenas, under the contemplation of this Act, shall be served in general accordance with the Statutes of the State of Oklahoma then in force applying to the service of such documents, and all provisions of the statutes of the State then in force, relating to citations and subpoenas, are hereby made applicable to the citations and subpoenas herein provided for. All the provisions of the statutes of the State, then in force, governing the taking of testimony by depositions, are made applicable to the taking of depositions under this Act. The attendance of witnesses shall be compelled in such hearings by subpoenas issued by the Secretary of the Board over the seal thereof, and the Secretary shall in no case refuse to issue such subpoenas upon praecipe filed therefor accompanied with the fee of twenty-five ($0.25) cents for each subpoena issued. If any person refuse to obey such subpoena served upon him in such manner, the fact of such refusal shall be certified by the Secretary of the board, over the seal thereof, to the County Court of the county in which such service was had, and the court shall proceed to hear said matter in accordance with the statutes of the State then in force governing contempt as for disobedience of its own process.

State-Party to Actions.

Section 25. It is hereby provided that the State of Oklahoma is a proper and necessary party in the prosecution of all such actions and hearings before the Board of Medical Examiners in all matters pertaining to unprofessional conduct under the contemplation of this Act, and the Attorney General of the State, in person, or by deputy, is authorized and directed to appear in behalf thereof and the defendant in such action shall have the right to be represented by counsel. The board shall sit as a trial body and the rulings of the president thereof in all questions shall be the rulings of the board, unless reversed by a majority vote of the board upon appeal thereto from such rulings of the president. The secretary shall preserve a record of all proceedings in such hearings and shall furnish a transcript thereof to the defendant upon request therefor, provided the said defendant shall pay the actual cost of preparing such transcript.

Decisions of Board.

Section 26. If it be the decision of the Board, after considering all the testimony presented, that the defendant is guilty as charged, it shall be the duty of said board, and the board shall have the power to revoke and cancel the license or certificate of such defendant and his rights thereunder to practice medicine and surgery, as defined by this Act, shall forever cease. The board, however, may suspend such license or certificate for a definite period of time not to exceed five (5) years, during which suspension the holder of such suspended license or certificate shall not be entitled to practice medicine and surgery thereunder, but upon expiration of such term of suspension, he shall be re-instated by the board, and shall be then entitled to resume his practice, unless it shall be shown to the satisfaction of the board that such party has,

during the term of such suspension, continued to practice medicine and surgery in the State of Oklahoma, or has been guilty of any act of unprofessional conduct, as herein defined, in which event the board shall revoke and cancel the certificate or license of such holder and his rights thereunder shall forever cease. Provided, that the board shall have power to place the holder of such license or certificate upon probation for any period of time not less than one (1) year, nor more than five (5) years, during which time his conduct will be kept under observation; at the expiration of such period of probation the charges of unprofessional conduct shall be dismissed; provided, that the accused shall have been guilty of no additional offense; or the board may take such other action as at its discretion it may deem proper.

Secretary Suspended Licenses.

Section 27. Whenever any license or certificate to practice medicine and surgery within the State of Oklahoma is suspended for a definite period of time or permanently revoked, it shall be the duty of the Secretary of said board to enter upon his record of such license or certificate the fact of such suspension or revocation and shall certify the fact of such suspension or revocation to the County Clerk of each county in which the said license or certificate has been recorded, and the said county clerk shall write such data upon the margin or across the face of his register of such license or certificate and when such suspension has been restored or removed by the Board, the Secretary of the board shall certify due notice thereof to the said County Clerk in such counties aforesaid who shall have due record made thereof.

Fraud.

Section 28. Whenever any license or certificate has been procured or obtained by fraud or misrepresentation, or was issued by mistake; or if the diploma of graduation in medicine and surgery or any other credentials required as necessary to the admission to the examination for license or certificate, were obtained by fraud or misrepresentation or were issued by mistake; or if the reciprocity endorsement from another State, upon which a license or certificate has been issued in this State, was procured by fraud or misrepresentation, or was issued by mistake, it shall be the duty of the Board of Medical Examiners of the State of Oklahoma to revoke such license or certificate in the same manner as is provided by this Act for the revocation of license or certificate for unprofessional conduct.

Unprofessional Conduct-Definition.

Section 29. The words "unprofessional conduct" as used in this Act are hereby declared to mean:

First. Procuring, aiding or abetting a criminal operation or abortion.

Second. Advertising in any manner, either in his own name or under the name of another person, firm, association or corporation, in any newspaper, pamphlet, circular, or other written or printed paper or document, the curing of venereal diseases, the restoration

of "lost manhood", the treatment and curing of private diseases peculiar to men and women, or the advertising, or holding himself out to the public, in any manner as a specialist in diseases of the sexual organs, or diseases caused by sexual weakness, self-abuse or excessive indulgence, or in any disease, of like nature produced by like causes; or the advertising of any medicine or any means whatsoever, whereby the monthly periods of women can be restored or regulated or the menses be re-established, if suppressed, or being employed by or in the service of any person, firm, association or corporation so advertising.

Third. The obtaining of any fee or offering to accept any fee, present, or other form of remuneration whatsoever, on the assurance or promise that a manifestly incurable disease can or will be cured.

Fourth. Wilfully betraying a professional secret to the detriment of the patient.

Fifth. forming drugs.

Habitual intemperance or the habitual use of habitSixth. Conviction of a felony or of any offense involving moral turpitude.

Seventh. The employment of what is commonly known as "Cappers" or "Steerers" in procuring practice.

Eighth. All advertising of medical business in which statements are made which are grossly untrue or improbable and calculated to mislead the public.

Ninth. Conviction or confession of a crime involving the violation of the anti-narcotic or prohibition laws and regulations of the Federal Government, or the Board of Health laws and regulations of the State of Oklahoma.

Tenth. Dishonorable or immoral conduct.

Corporations-Firms Practice of Medicine.

Section 30. It shall be the duty of all firms, associations, or corporations engaged in the practice of medicine within the meaning of this Act, within the State of Oklahoma, under whatsoever name or designation, before entering the practice thereof, to report in writing to the County Clerk of the County in which such business is to be conducted, the names and addresses of all physicians connected therewith who propose to practice medicine and surgery under such name or designation, or in connection therewith, within said county and State; and from time to time thereafter such additional names and addresses as may be added thereto for the purpose of engaging in such practice under such firm name and designation, shall be so reported; Provided, that nothing in this Section shall operate or be construed to waive the requirements that each and every member of such firm, association or corporation so practicing medicine and surgery thereunder, shall be duly licensed to practice medicine and surgery in the State of Oklahoma. Any firm, association or corporation, or any member or agent thereof, violating any of the provisions of this Section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed One Hundred ($100.00) Dollars, and each day's practice shall be deemed a separate offense.

Fees-Vouchers.

Section 31. All moneys accruing to the Board from fees herein provided for, and from all other sources whatsoever, shall be received by the Secretary-Treasurer and he shall make deposit thereof with the State Treasurer, who shall place the same in a designated depository fund to the credit of the said Board of Medical Examiners. All salaries and expenses of the Board shall be paid from said depository fund upon proper vouchers approved by the Secretary of the board in the usual manner as the other similar departments of State. It is further provided that all moneys of the Board of Medical Examiners on hand at the time of the passage of this Act shall be carried forward and placed to the credit of this Board and annually thereafter, at the end of each fiscal year, the unexpended balance of such funds shall be carried forward and placed to the credit of the Board for the succeeding fiscal year.

Secretary-Salary.

Section 32. The salary of the Secretary of the Board of Medical Examiners shall be Twelve Hundred ($1,200.00) Dollars, per annum, and other members of said Board shall receive a per diem of Ten ($10.00) Dollars for each and every day of actual service in the discharge of their duties under this Act. It is herein provided that the Secretary may, by the direction of the board, employ a Stenographer, whose salary shall not exceed One Hundred ($100.00) Dollars, per calendar month. It is further provided that the necessary expense of each member, the Secretary and the Stenographer of the Board, including office equipment, and supplies incurred in the discharge of the official duties thereto pertaining, shall be paid, by direction of the Board, out of the funds of the Board and such traveling expenses incurred in the discharge of duties outside the State shall be included.

Right to Trial.

Section 33. Any person who has been aggrieved by any act, rule or regulation of said Board, shall have his right to have such issue tried de novo in the District or Superior Court of the County in which some member of the Board shall reside, except as provided in Section 19, of this Act, and while said action is pending in such Court the person aggrieved shall be permitted to continue to practice if duly licensed.

Partial Invalidity Clause.

Section 34. In the event any of the provisions of this Aet shall be held unconstitutional, the same shall not affect the enforcement of the other provisions hereof.

Repealing Section.

Section 35. Sections 8797, 8798, 8799, 8800, 8801, 8802, 8803, 8804, 8805, 8806, 8807, 8808, 8809, 8810, 8811, 8812, 8813, 8814, 8815, 8816, 8817, 8818, 8821, 8822, and 8823, of the Compiled Oklahoma Statutes, 1921, and all other laws and parts of laws in conflict herewith are hereby repealed, except Sections 8701 to 8729, both inclusive, and Section 8820, and Sections 8898 to 8923-4, and Sections 8824 to 8832, both inclusive, of Compiled Oklahoma Statutes, 1921.

Emergency.

Section 36. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 31, 1923.

CHAPTER 60.

SENATE BILL NO. 150.

Industrial, Life, Health and Accident Insurance Companies.

AN ACT providing for the organization of Industrial, Life. Health and Accident Insurance companies on the stipulated premium plan, regulating the same, and declaring an

emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

Insurance Companies-How Formed.

Section 1. Any number of persons, not less than five, a majority of whom being citizens and residents of the State of Oklahoma, may associate themselves and form a company, for the purpose of making insurance on the lives of individuals, on the industrial weekly payment plan, with a stipulated premium, as defined and regulated herein, and may provide for indemnity against death or disability of the insured occasioned by sickness or accident. Corporators-Articles of Agreement.

Section 2. The persons mentioned in Section 1, of this Article, shall be designated as corporators, and such persons shall associate themselves by Articles of Agreement, in writing, duly signed and acknowledged, setting forth:

First: The corporate name of the proposed corporation, which shall not be the name of any corporation heretofore incorporated or doing business in this State for similar purposes, or any such imitation of such name calculated to mislead the public.

Second: The name of the city, town or county in which the principal office is located.

Third: The amount of the capital stock of the corporation, which shall not be less than Fifty Thousand ($50,000.00) Dollars, the number of shares into which it is divided, and the par value thereof, that the same has been bona fide subscribed, and not less than twenty per cent thereof actually paid up in lawful money of the United States, and is in the custody of persons named as the first Board of Directors, the name and place of the several shareholders and the number of shares subscribed by each.

Fourth: The number of the Board of Directors or managers, which shall be not less than five, their powers and duties, and the names agreed upon for the first year.

Fifth: The number of years the Corporation is to continue.

Sixth: A Statement that the company is formed for the purpose of carrying on the business of insurance under the provisions of