obey a subpœna served upon him in accordance with the statutes of this state then in force providing for the manner of serving subpoenas, the fact of such refusal shall be certified by the secretary of said board, under the seal thereof, to the superior court of the county in which the service was had, and said court shall thereupon proceed to hear said matter, in accordance with the statutes of this state then in force as to contempts for disobedience of process of the court; and should said court find that the subpoena had been legally served, and that the party so served had willfully disobeyed the same, it shall proceed to impose such penalty as provided in cases of contempt of court. In all cases of alleged unprofessional conduct arising under this act, depositions of witnesses may be taken, the same as in civil cases, and all the provisions of the statutes of this state then in force as to the taking of depositions are hereby made applicable to the taking of depositions under this act. If the applicant shall fail to file with the secretary of said board his answer, under oath, to the charges made against him, within twenty days after service on him of said citation, or within such further time as the board may give him, and the charges on their face be deemed suf ficient by the board, default shall be entered against him, and his application refused. If the charges on their face be deemed sufficient by the board, and issue be joined thereon by answer, the board shall proceed to determine the matter, and to that end shall hear such evidence as may be adduced before it; and if it appear to the satisfaction of the board that the applicant is guilty as charged, no certificate shall be issued to him. No certificate shall be refused on the ground of unprofessional conduct unless the applicant has been guilty of such conduct subsequently to the passage of this act, and unless he has been guilty of such conduct within two years next preceding his application. Whenever any holder of the certificate herein provided for is guilty of unprofessional conduct, as the same is defined in this act, and the said unprofessional conduct has been brought to the attention of the board granting said certificate, in the manner hereinafter pointed out, it shall be their duty to, and they must, revoke the same at once, and the holder of said certificate shall not thereafter be permit

ted to practice medicine or surgery, or any of the departments of medicine or surgery, in this state. But no such revocation shall be made unless said holder is cited to appear, and the same proceedings are had as is herein before provided in this section in case of refusal to issue certificates. The accused party, at the time he presents his answer for filing, shall deposit with the secretary his certificate, and unless he do so, the secretary must not file his answer, and default shall be thereupon entered against him, and his certificate revoked if the charges on their face be deemed sufficient by the board. When the certificate is revoked, the secretary of the board, if said certificate has been deposited with him, shall write across the face thereof, in red ink, the fact of such revocation, and shall file said certificate, so revoked, among the archives of his office, and shall also certify the fact of such revocation, under the seal of the board, to the county clerk of the counties in which the certificate of the person whose certificate has been revoked is recorded; and said clerk must thereupon write upon the margin or across the face of his register of the certificate of such person, the following:

"This certificate was revoked on the

day of

-," giving the day, month and year of such revocation, in accordance with said certification to him by said secretary. The record of such revocation so made by said county clerk shall be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of said board in the matter of said revocation. If said board shall decide against revocation, the certificate shall be returned to the holder thereof. No certificate shall be revoked for unprofessional conduct unless the accused has been guilty thereof subsequently to the passage of this act, and unless he has been guilty thereof within two years next preceding the time of filing the complaint charging him with such unprofessional conduct. From the time of the revocation of a certificate the holder thereof shall be disqualified from practicing medicine or surgery in this state.

The words "unprofessional conduct," as used in this act, are hereby declared to mean:

First-The procuring or aiding or abetting in procuring a criminal abortion.

Second-The obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured. Third-The willfully betraying a professional secret. Fourth-All advertising of medical business in which grossly improbable statements are made.

Fifth-All advertising of any medicines, or of any means, whereby the monthly periods of women can be regulated, or the menses re-established if suppressed.

Sixth-Conviction of any offense involving moral turpi

tude.

Seventh-Habitual intemperance.

Sec. 11. Expenditures of the board. Said board shall have the power to employ legal counsel and clerical assistance, and to fix the salaries of the same, and to incur such other expenses as may be deemed necessary to carry into effect the provisions of this act. It shall also fix the salary of the secretary, not to exceed the sum of twenty-four hundred dollars per annum, and the sum to be paid to other members of said board, not to exceed ten dollars per diem each, for each and every day of actual service in the discharge of official duties; and said board may, in its discretion, add to said sums necessary traveling expenses. All money in excess of the actual expenses of the board shall be paid annually into the treasuries of the respective state medical societies, and shall be prorated according to the number of representatives of each school among the applicants examined.

Sec. 12. Illegal practice. Any person practicing medicine or surgery in this state, without having, at the time of so practicing, a valid, unrevoked certificate, as provided in this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment for a term of not less than sixty days, nor more than one hundred and eighty days, or by both such fine and imprisonment. In each such conviction one half of the fine shall be paid, when collected, to the prosecuting witness, or witnesses, and the other half shall be paid into the school fund of the county, or city and county, in which such conviction is had.

Sec. 13.

Unauthorized registration. Every person filing for record, or attempting to file for record, the certificate

issued to another, falsely claiming himself to be the person named in such certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of felony, and, upon conviction thereof, shall be subject to such penalties as are provided by the laws of this state for the crime of forgery.

Sec. 14. False representation.

Any person assuming to act as a member of a state board of medical examiners, or who shall sign, or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine or surgery in this state, except the.person so acting and doing shall have been elected a member of said board of medical examiners as in this act provided, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hun. dred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than sixty nor more than one hundred and eighty days, or by both such fine and imprisonment.

Sec. 15. Previous registration. Any person who holds a certificate from one of the boards of examiners heretofore existing under the provisions of "An act to regulate the practice of medicine in the state of California," approved April third, eighteen hundred and seventy-six, or an act supplemental and amendatory to said act, which became a law April first, eighteen hundred and seventyeight, shall be entitled to practice medicine and surgery in this state, the same as if it had been issued under this act; but all such certificates may be revoked for unprofessional conduct, in the same manner and upon the same grounds as if they had been issued under this act.

Definition.

Sec. 16. The following persons shall be deemed as practicing medicine or surgery within the meaning of this act:

1. Those who profess to be, or hold themselves out as being, engaged as doctors, physicians or surgeons in the treatment of disease, injury, or deformity of human beings.

2. Those who, for pecuniary or valuable consideration, shall prescribe medicine, magnetism, or electricity, in the treatment of disease, injury, or deformity of human beings.

3. Those who, for pecuniary or valuable consideration,

shall employ surgical or medical means or appliances for the treatment of disease, injury, or deformity of human beings, except dealers in surgical, dental and optical appliances.

4. Those who, for a pecuniary or valuable consideration, prescribe or use any drug or medicine, appliance, or medical or surgical treatment, or perform any operation for the relief or cure of any bodily injury or disease.

The doing of any of the acts in this section mentioned shall be taken to be prima facie evidence of an intent on the part of the person doing any of said acts to represent himself as engaged in the practice of medicine or surgery, or both; but nothing in this act shall be so construed as to inhibit service in the case of emergency, or the domestic administration of family remedies; nor shall this act apply to any commissioned medical officer in the United States army, navy, or marine hospital service, in the discharge of his professional duties, nor to any legally qualified dentist when engaged exclusively in the practice of dentistry, nor to any physician or surgeon from another state or territory, when in actual consultation with a legal practitioner of this state, if such physician or surgeon is, at the time of such consultation, a legal practitioner of medicine or surgery in the state or territory in which he resides; nor to any physician or surgeon residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine or surgery therein, whose practice extends within the limits of this state; provided, that such practitioner shall not open an office or appoint a place to meet patients or receive calls within the limits of this state.

Sec. 17. Repeal. An act entitled "An act to regulate the practice of medicine in the state of California," approved April third, eighteen hundred and seventy-six; and an act entitled “An act supplemental to and amendatory of an act entitled 'An act to regulate the practice of medicine in the state of California,' April third, eighteen hundred and seventy-six," which became a law April first, eighteen hundred and seventy-eight, and all acts, and parts of acts, in conflict with this act, are hereby repealed. Sec. 18. This act shall take effect from and after the first day of August, nineteen hundred and one.