merely mechanical work upon inert matter in a dental office or laboratory, or the student of a licentiate from assisting his preceptor in dental operations while in the presence and under the personal supervision of the instructor, or a duly licensed physician from treating diseases of the mouth or performing operations in oral surgery. But nothing in the provisions of this article shall be construed to permit the performance of dental operations by any unlicensed person under cover or the name of a registered practitioner. Any student of dentistry whose certificate of study under private preceptorship shall have been duly filed with the secretary of the State Dental Society at the time this act takes effect pursuant to the provisions of law then in force, may present himself for examination to the board under the same conditions as those under which he might have presented himself for examination before the censors of the State Dental Society under the laws in force when his certificate was filed; providing, however, that he shall file a notice with the regents on or before the first day of September, eighteen hundred and ninety-five, that he purposes availing himself of this exemption. (As amended by chap. 626 of 1895, § 1.) $164. Penalties.-(a) A person who, in any county of this state, practices or holds himself out to the public as practicing dentistry, not being at the times of said practice or holding out, a dentist licensed to practice as such in this state and registered in the office of the clerk of such county pursuant to the general laws regulating the practice of dentistry, is guilty of a misdemeanor and punishable upon conviction of a first offense by a fine of not less than fifty dollars, and upon conviction of a subsequent offense by a fine of not less than one hundred dollars or by imprisonment for not less than two months or by both such fine and imprisonment. Any violation of this section by a person theretofore convicted under the then existing laws of this state of practicing dentistry without license or registration shall be included in the term a subsequent offense. Every conviction of unlawful practice or holding out subsequent to a first conviction thereof shall be a conviction of a second offense. Every practitioner of dentistry must display in a conspicuous place upon the house or in the office wherein he practices his full name. If there are more chairs than one in any office or "dental parlor" the name of the practitioner using each chair must be displayed on or by said chair in plain sight of the patient. Any person who shall practice Practice of Dentistry. See note / 2056 § 164 dentistry without displaying his name as herein prescribed; and any proprietor, owner, or manager of a dental office, establishment or parlor who shall fail so to display or cause to be displayed the name of each person employed as a practicing dentist or practicing as a dentist in said office, establishment or parlor, is guilty of a misdemeanor and punishable upon a first conviction by a fine of fifty dollars and upon every subsequent conviction by a fine of not less than one hundred dollars or by imprisonment for not less than sixty days, or by both fine and imprisonment. (b) A person shall be deemed guilty of a misdemeanor, and upon every conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment for not less than six months, or by both fine and imprisonment, who (1) Shall sell or barter or offer to sell or barter any diploma or document conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pursuant to the laws regulating the license and registration of dentists; or, (2) Shall purchase or procure by barter any such diploma, certificate or transcript with intent that the same shall be used as evidence of the holder's qualification to practice dentistry, or in fraud of the laws regulating such practice; or, (3) Shall, with fraudulent intent, alter in a material regard any such diploma, certificate or transcript; or, (4) Shall use or attempt or use any such diploma, certificate or transcript which has been purchased, fraudulently issued, counterfeited or materially altered either as a license or color of license to practice dentistry or in order to procure registration as a dentist; or, or, (5) Shall practice dentistry under a false or assumed name; (6) Shall assume the degree of bachelor of dental surgery, doctor of dental surgery or master of dental surgery, or shall append the letters B. D. S., D. D. S., M. D. S. to his name, not having had duly conferred upon him by diploma from some college, school or board of examiners legally empowered to confer the same, the right to assume said titles; or shall assume any title or append any letters to his name with the intent to represent falsely that he has received a medical or dental degree or license. 2064 § 170 GENERAL LAWS. [CHAP. XXV. Article X. (c) Any person who in any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dentistry shall make willfully a false statement in a material regard shall be guilty of perjury, and punishable upon conviction thereof by imprisonment not exceeding ten years. (d) All fines, penalties or forfeitures imposed or collected for violations of the foregoing provisions relating to dental practice and the corresponding sections of the penal code must be paid to the State Dental Society. Said society may prefer a complaint for violation of the law regulating the practice of dentistry before any court, tribunal or magistrate having jurisdiction, and may, by its officers, counsel and agents aid in presenting the law and facts before such court, tribunal or magistrate in any proceedings taken. (As amended by chap. 626 of 1895, § 1, and chap. 355 of 1898, § 3.) ARTICLE X. VETERINARY MEDICINE AND SURGERY. SECTION 170. Definitions. 171. Qualifications for practice. 172. State board of veterinary medical examiners. 175. Officers; meetings; quorum; committee. 176. Admission to examination. 177. Questions. 178. Examinations and reports. 179. Licenses. 179a. Registry. 179b. Registry in another county. 179c. Certificate presumptive evidence, unauthorized registration and license prohibited. 179d. Construction of this article. 179e. Penalties and their collection. § 170. Definitions. As used in this article: 1. University means university of the State of New York. 2. Regents mean board of regents of the university of the State of New York. 3. Board means a board of veterinary medical examiners of the State of New York. 4. Veterinary medical examiner means a member of a board of veterinary medical examiners of the State of New York. 11901 231 Veterinary Medicine and Surgery. S$ 171-172 5. Veterinarian school means any veterinary school, college or department of a university, registered by the regents as maintaining a proper veterinary medical standard and as legally incorporated. 6. Veterinary medicine means veterinary medicine and surgery, or any branch thereof. 7. Veterinarian means veterinary physician and surgeon. (As amended by chap. 860 of 1895, § 1.) § 171. Qualifications for practice.-No person shall practice veterinary medicine after July first, eighteen hundred and ninetyfive, unless previously registered and legally authorized, unless licensed by the regents and registered as required by this article; nor shall any person practice veterinary medicine who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of a state board. Any graduate of a veterinary school, who received his degree prior to July first, eighteen hundred and ninety-five, and has practiced veterinary medicine, in some county in New York state, but who failed to register in the veterinary medical register in the county in which he so practised, may, on unanimous recommendation of the state board of veterinary medical examiners, receive from the regents a certificate which shall entitle him to register as a veterinary practitioner in the county of his residence or practice at any time within two months after the passage of this act. (As amended by chap. 860 of 1895, and chap. 840 of 1896.) Pution added 1901 § 172. State board of veterinary medical examiners.-There shall be a board of veterinary medical examiners of five members, each of whom shall hold office for five years from August one of the year in which appointed. The New York State Veterinary Medical society shall at each annual meeting nominate twice the number of examiners to be appointed that year on the board. The names of such nominees shall be annually transmitted under seal by the president and secretary prior to May one, to the regents who shall, prior to August one, appoint from such lists the examiners required to fill any vacancies that will occur from expiration of term on July thirty-first. Any other vacancy, however occurring, shall likewise be filled by the regents for the unexpired term. Each nominee before appointment, shall furnish to the regents proof that he has received a degree in the veterinary medicine from registered veterinary medical school and that he has legally practiced veterinary medicine in this State for at least five years. If no nominees are legally before them from the society, the regents may appoint from members in good standing in the veterinary profession without restriction. The regents may remove any examiner for misconduct, incapacity or neglect of duty. (As amended by chap. 860 of 1895.) § 173. Certificate of appointment; oath; powers.—Every veterinary medical examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall file with the secretary of state the constitutional oath of office. The board, or any committee thereof, may take testimony and proofs concerning all matters within its jurisdiction. The board may, subject to the regents' approval, make all by laws and rules not inconsistent with law needed in performing its duties, but no by-laws or rules by which more than a major. ity vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that required for the action thereunder. (Added by chap. 860 of 1895.) § 174 Expenses. From the fees provided by this article the regents may pay all proper expenses incurred by its provisions, except compensation to veterinary medical examiners, and any surplus at the end of the academic year shall be apportioned among the members of the board pro rata according to the number of candidates whose answer papers have been marked by each. (Added by chap. 860 of 1895.) 175. Officers; meetings; quorum ; committees.-The board shall annually elect from its members a president and secretary for the academic year, and shall hold one or more meetings each year pursuant to the call of the regents. At any meeting a majority shall constitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and by the regents. (Added by chap. 860 of 1895.) § 176. Admission to examination.--The regents shall admit to examination any candidate who pays a fee of ten dollars and submits satisfactory evidence, verified by oath if required, that he (first) is more than twenty-one years of age; (second) is of good, moral character; (third) has the general education required in all cases after July first, eighteen hundred and ninety-seven, preliminary to receiving a degree in veterinary medicine; |