COLL. CAT. >*. 1 c \ ■'-*>< V. i$ i\fl k FOR REGULATING MEDICAL SOCIETIES: TOGETHER WITH THE BY-LAWS & MEDICAL ETHICS FOR THE OF THE COUNTY OF RENSSELAER; INCORPORATED IN 1806. PUBLISHED BY ORDER OF THE SOCIETY/. TROYi PRIJTTED FOR THE SOCIETY, BY JOHN C. KEMBLE, KO. 8 BTATE-STBEET. 1831. / Y) I Al¥ ACT TO INCORPORATE MEDICAL SOCIETIES, FOR THE PURPOSE OF REGULATING THE PRACTICE OF PHYSIC AND SURGERY IN THIS STATE. Passed April 10,1813. Whereas, well regulated Medical Societies have been found to contribute to the diffusion of true science, and particularly the knowledge of the healing art—Therefore, Be it enacted by the people of the State of New York, represented in Senate and Assembly, That it shall and may be lawful for the physicians and surgeons in the several counties of this state, now authorised by law to practice in their several professions, except in those counties wherein Medical Societies have been already incorporated, to meet together on the first Tuesday of July next, at the place where the last term of the court of common pleas next previous to such meeting was held in their respective counties; and the several physicians and surgeons so convened as aforesaid, or any part of them, being not less than five in number, shall proceed to the choice of a President, Vice President, Secretary, and Treasurer, who shall hold their offices for one year, and until others shall be chosen in their places; and whenever the said societies shall be so or- ganised as aforesaid, they are hereby declared to be bodies cor- porate and politic, in fact and in name, by the names of the Me- dical Society of the county whero such societies shall respec- tively be formed ; and by that name shall be in law capable of 4 suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever ; and shall and may have a common seal, and may alter and re- new the same at their pleasure. And be it further enacted, That the Medical Societies of counties already incorporated, shall continue to be bodies cor- porate and politic, in fact and in name, by the names of the Me- dical Society of the county where such societies have respec- tively been formed, and by that name shall be in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever ; and shall and may have a common seal, and may alter and re- new the same at their pleasure ; and the President, Vice Presi- dent, Secretary, and Treasurer, of such incorporated societies, shall hold their offices for one year, and until other shall be cho- sen in their places. And be it further enacted, That the Medical Society al- ready incorporated, by the style and name of the " Medical So- ciety of the State of New York," shall continue to be a body politic and corporate, in fact and in name, and by that name shall be in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever; and shall and may have and use a com- mon seal, and may change and alter the same at their pleasure: and that the said society shall be composed of one member from each of the county societies in the state, elected by ballot at their annual meeting, who shall meet together at the time and place appointed by the said society for that purpose ; and being met, not less than fifteen in number, may annually elect by bal- lot a President, Vice President, Secretary, and Treasurer, who shall hold their offices for one year, and until others shall be cho- sen in their place. 5 And be it Jurther enacted, That the Medical Society of the state of New York, and also the Medical Societies of the respective counties, shall and may agree upon and determine the times and places of their meeting ; and the time so agreed upon, shall forever thereafter, be the anniversary day of hold- ing their respective meetings; and it is hereby made the duty o[ the Secretary of each of the County Medical Societies, to lodge in the office of the clerk of their respective counties, if not already done, a copy of all the proceedings had at their first meeting; and it shall also be the duty of the Secretary of the Medical Society of the State of New York, in like manner, to lodge in the office of the Secretary of this state, a copy of their proceedings, had at their first general meeting; and the said Clerks and Secretary are hereby required to file the same in their respective offices, for which they shall each receive the sum of twelve and a half cents. And be it further enacted, That the members now com- posing the Medical Society of the State of New York, from each of the four great districts, shall remain divided into four classes; and one class from each of said districts, shall go out of office annually. And be it Jurther enacted, That it shall be the duty of the Secretary of the Medical Society of the State of New York, whenever the seats of any of the members shall become va- cant, to give information of the same to the respective County Societies, to the end that such County Societies may supply such vacancy at their next meeting. And be it further enacted, That in case there shall be an addition to the number of members composing the Medical So- ciety of the State, that in that case it shall be in the power of the said Society, at any of their annual meetings, and so often as they shall judge necessary, to alter and vary the classes in such man- ner, as that one fourth of the members from each of the great districts, as near as may be, shall annually go out of office. 6 And be it further enacted, That if the seat of any mem- ber of the Medical Society of the State of New York shall be vacated, either by death, resignation, or removal from the coun- ty, it shall be the duty of the Medical Society of such county to fill such vacancy at their next meeting after such vacancy shall happen. And be it further enacted, That the Medical Societies established as aforesaid, are hereby respectively empowered to examine all students who shall and may present themselves for that purpose, to give diplomas under the hand of the President and seal of such Society, before whom such students shall be examined ; which diploma shall be sufficient to empower the person so obtaining the same, to practise physic or surgery, or both, as shall be set forth in said diploma, in any part of this state. And be it Jurther enacted, That if any student who shall have presented himself for examination before any of the Me- dical Societies of the several counties of this state, shall think himself aggrieved by the decision of such Society, it shall be lawful for such student to present himself for examination to the Medical Society of the State of New York; and if in the opinion of such Society, the student so applying is well quali- fied for the practice of physic or surgery, or both, as the case may be, the President of said Society shall, under his hand and the seal of such Society, give to the said applicant a diploma agreeable to such decision. And be it further enacted, That it shall and may be lawful for the several Medical Societies so established as afore- said, at their annual meetings, to appoint not less than three nor more than five, Censors, to continue in office for one year, and until others are chosen, whose duty it shall be carefully and im- partially to examine all students who shall present themselves for that purpose, and report their opinion in writing, to the Pre- sident of said Societv. 7 And be it Jurther enacted, That it shall and may bo lawful for the Medical Societies of the respective counties fn this state, and also the Medical Society of the state of New York, to purchase and hold any estate, real and personal, for the use of said respective Societies : Provided, such estate, as well real as personal, which the county Societies are hereby respec- tively authorised to hold, shall not exceed the sum of one thou- sand dollars; and that the estate, as well real as personal, which the Medical Society of the state of New York is hereby autho- rised to hold, shall not exceed five thousand dollars. And be it Jurther enacted, That it shall be lawful for the respective Societies to make such by-laws and regulations relative to the affairs, concerns, and property of said Societies ; relative to the admission and expulsion of members; relative to such donations or contributions as they, or a majority of the members, at their annual meeting, shall think fit and proper: Provided, That such by-lawrs, rules, and regulations, made by the Society of the state of New York, be not contrary to, nor inconsistent with, the constitution and laws of this state, or of the United States; and that the by-laws, rules, and regulations, of the respective county Societies, shall not be repugnant to the by-laws, rules, and regulations, of the Medical Society of the state of New York, nor contrary to, or inconsistent with, the constitution and laws of this state, or of the United States. And be it further- enacted, That the Treasurer of each Society established as aforesaid, shall receive and be accounta- ble for all moneys that shall come into his hands by virtue of any of the by-laws of such Societies, and also for all moneys that shall come into the hands of the President thereof, for the ad- mission of members, or licensing students; which moneys the said President is hereby required to pay over to the said Trea- surer, who shall account therefor to the Society, at their annual meetings; and no moneys shall be drawn from the Treasurer, unless such sums, and for such purposes as shall be agreed upon 8 by a majority of the Society, at their annual meeting, and by a warrant for that purpose, signed by the President. And be it Jurther enacted, That it shall be the duty of the Secretary of each of the said Medical Societies to provide a book, in which he shall make an entry of all resolutions and proceedings which may be had from time to time, and also the name of each and every member of said Society, and the time of his admission, and also the annual reports relative to the state of the treasury, and all such other things as a majority of the Society shall think proper; to which book, any member of the Society may, at any time, have recourse; and the same, to- gether with all books, papers, and records, which may be in the hands of the Secretary, and be the property of the Society, shall be delivered to his successor in office. And be it further enacted, That any student who may receive a diploma from the Medical Society of this state, shall pay to the President thereof, on receiving the same, ten dollars; and for each diploma that a student may receive from the Medi- cal Society of any county, he shall pay the President thereof, on receiving the same, five dollars. ( A TRUE COPY.) Compared with the original in the office of the Secretary of this State, this 25th June. 1813. JAS. VAN INGEN. 9 Ai\ ACT Further to amend " an act to incorporate Medical Societies, for the purpose of regulating the Practice of Physic and Surgery in this State." Passed April 13, 1819. Be it enactedby the people of the State of New York, re- presented in Senate and Assembly, That it shall and may be lawful, for each Medical Society in this state to cause to be raised and collected from each practising physician or surgeon, resi- ding in the county or counties where such Society is by law es- tablished, a sum not exceeding one dollar in any one year; which sum when collected, shall be a part of the fund of said Society, for the purpose of procuring a Medical Library, and apparatus, and for the encouragement of useful discoveries in chemistry, botany, and such other improvements as the majority of the Society shall think proper. AN ACT To enable the County Medical Societies in this State, to al- ter the time of holding their annual meetings. Passed April 23, 1823. Be it enacted by the people of the State of New York, re- presented in Senate and Assembly, That it shall and may be lawful for any Society, incorported under the act entitled "An act to incorporate Medical Societies, for the purpose of regula- ting the practice of physic and surgery in this state," at any an- niversary meeting of such Society, to change the clay of holding their annual meetings to such other day of the >car as may be more convenient: Provided, That two-thirds of the members present concur in voting for such change ; notice of intention to move the same, having been first given at some previous regu- lar meeting of the Socictv. * B 10 Title 7, Part 1, Chapter 14. GENERAL REGULATIONS CONCERNING THE PRACTICE OF PHY- SIC AND SURGERY IN THIS STATE. § 1. The president of every county medical society shall give notice, in writing, to every physician and surgeon, not already admitted into such society, within the county in which the so- ciety of which he is president is situated, requiring such physi- cian or surgeon, within sixty days after the service of such no- tice, to apply for and receive, a certificate of admission, as a member of such society. § 2. The service of every such notice shall be made personal- ly, on the physician or surgeon to whom it shall be directed: and if such physician or surgeon shall not within the time spe- cified in the notice, or within such further time as may be al- lowed by the president, under the regulations of the society, ap- ply for a certificate of membership in such society, his licence shall be deemed forfeited, and he shall be subject thereafter, to all the provisions and penalties of the laws of this state, in re- lation to unlicensed physicians, until upon a special application, he shall be admitted a member of the medical society, in the county in which he shall reside. § 3. If there shall be preferred to any county medical society specific charges against any member thereof, of gross ignorance or misconduct in his profession, or of immoral conduct or habits, a special meeting of the society to consider the charges shall be called, of which at least ten days previous notice shall be given, in one or more of the newspapers printed in the county. § 4. If two-thjrdsof the members present at such meeting shall be of opinion, that the charges preferred are well founded, the president of the society shall, without delay, deliver a certified 11 copy of the charges and of the vote of the society thereon, to the district attorney of the county, and shall give notice of such delivery to the member accused, who from that time shall be suspended from the practice of physic and surgery, until the de- termination of such charges, in the manner hereinafter pro- vided. § 5. The district attorney to whom the charges shall be deli- vered, shall serve a copy thereof without delay, on the member accused, and at the same time shall give him notice of the time and place at which the judges of the court of common pleas of the county will meet, for the purpose of hearing and determin- ing the same: such notice shall be served at least fourteen days before the time of hearing appointed. § 6. The district attorney shall continue the prosecution of the charges, and shall issue process to compel the attendance of such witnesses, as the president of the society and the member accu- sed, shall severally require. § 7. The judges of the county court, at the time and place of hearing appointed, or at such other time and place as they shall fix, shall proceed to hear and determine the charges, and shall examine, on oath, the witnesses produced: if they, or a majo- rity of them, shall be satisfied, from the evidence, that the char- ges are true, they shall make an order, which shall be valid in law, expelling the member accused from the society, and declar- ing him for ever thereafter incapable of practising physic and surgery, within this state, or suspending him from such practice, for a limited period : if they shall be of opinion, that the char- ges are not established, the suspension of the member accused shall cease, and he shall be restored to all his rights and privi- leges, as a practising physician and surgeon. § 8. No student shall be admitted to an examination by any medical society, until he shall have completed, with some phy. sician and surgeon, duly authorised by law to practice his pro- 12 fession, the term of medical study, prescribed in the following sections of this title. § 9. The regular term of the study of medical science shall be four years, but a deduction from such term, in no case to exceed one year, shall be made in either of the following cases: 1. If the student, after the age of sixteeen, shall have pursued any of the studies usual in the colleges of this state, the period during which he shall have pursued such studies shall be deduct- ed. 2. If the student, after the age of sixteen, shall have attend- ed a complete course of all the lectures delivered in an incorpo- rated medical college in this state, or elsewhere, one year shall be deducted. § 10. The physician and surgeon with whom a student shall commence his studies, shall file a certificate with the president of the county medical society to which he belongs, certifying that such person has so commenced his studies; and the term of study shall be considered as commencing from the day on which such certificate was filed. § 11. If the term of study shall be intended to be for less than four years, upon' either of the grounds mentioned in the ninth section of this title, the president with whom the certificate shall be filed, upon satisfactory proof that a deduction ought to be al- lowed, shall annex to such certificate, an order specifying the period, not exceeding one year, which according to the proof exhibited to him, ought to be deducted from the term of four years, and directing that the term of study of the student shall be for the period that shall remain. § 12. No person shall receive from the regents of the universi- ty a diploma, conferring the degree of doctor of medicine, unless he shall have pursued the study of medical science for at least three years, after the age of sixteen, with some physician and isurgeor., duly authorised, by law, to practice his profession, and 13 shall also, after the same age, have attended two complete cour- ses of all the lectures delivered in an incorporated medical col- lege, and have attended the last of such courses, in the college by which he shall be recommended for his degree. § 13. No student shall be admitted to an examination by any county medical society, except of the county in which he shall have pursued his medical studies for four months immediately preceding his examination ; but if the student, during that pe- riod, shall have attended the lectures in either of the incorpora- ted medical colleges of this state, he may be examined and li- censed, either by the medical society, of the county in which such college is situated, or by that of the county, in which he shall have resided, previous to such attendance. § 14. No person, who shall have been examined by the cen- sors of any county medical society, as a candidate for the prac- tice of physic and surgery, or either of them, and shall have been rejected on such examination, shall be admitted to an ex- amination before the censors of any other county medical socie- ty ; but such person may appeal, from the decision of the censors by whom he shall have been examined, to the medical society of the state. § 15. No person, who, either upon an original examination or upon an appeal, shall have been rejected by the censors of the state medical society, shall thereafter be admitted to an exami- nation, before the censors of any county medical society. § 16. No person shall practice physic or surgery, unless he shall have received a licence or diploma for that purpose, from one of the incorporated medical societies in this state, or the degree of doctor of medicine from the regents of the university ; or shall have been duly authorised to practice by the laws of some other state or country, and have a diploma from some incorpo- rated college of medicine, or legally incorporated medical socie- ty, in such state or country. 14 § 17. No person coming from another state or country, shall practice physic or surgery in this state, until he shall have filed a copy of his diploma, with the clerk of the county where he resides, and until he shall have exhibited to the medical society of that county, satisfactory evidence that he has regularly studied physic and surgery, according to the requisitions of the ninth section of this title. § 18. No diploma, granted by any authority out of this state, to an individual who shall have pursued his studies in any me- dical school within this state, not incorporated and organised under its laws, shall confer on such individual, the right of prac- tising physic or surgery within this state. § 19. Every person licensed to practice physic or surgery, or both, shall deposit a copy of such licence with the clerk of the county where he resides, who shall file the same within his of- fice ; and until such licence is so deposited, such person shall be liable to all the penalties provided by law, in the same man- ner as if he had no licence. § 20. No person under the age of twenty-one years shall be entitled to practice physic or surgery in this state. § 21. The degree of doctor of medicine conferred by any college in this state, shall not be a licence to practice physic or surgery; nor shall any college have, or institute, a medical fa- culty, to teach the science of medicine, in any other place than where the charter locates the college. § 22. Every person, not authorised by law, who, for any fee or reward, shall practice physic or surgery within this state, shall be incapable of recovering, by suit, any debt arising from such practice. 15 AN ACT Concerning the practice of physic and surgery in this State. Passed April 7, 1830. 2. Every person not authorised by law, who shall practice physic or surgery within this state, shall, for each offence of which he may be duly convicted, forfeit and pay a sum not ex- ceeding twenty-five dollars, to be recovered, with costs of suit, before any justice of the peace of the county where such penalty shall be incurred, by any person who will prosecute for the same; and the justice before whom such conviction shall be had, shall pay the same to the overseers of the poor of the town where such conviction shall be had, for the use of the poor of such town, or of the county poor where the distinction between town and county poor shall have been abolished. But the provisions of this sec- tion shall not be deemed and taken to extend to or debar any person from using or applying, for the benefit of any sick per- son, any roots, barks, or herbs, the growth or produce of the United States. REVISED STATUTES, Art. 1, Title 2, Chap. 1, Part 4. If any physician, while in a state of intoxication, shall, with- out a design to effect death, administer any poison, drug, or me- dicine, or do any other act, to another person, which shall pro- duce the death of such other, he shall be deemed guilty of man- slaughter in the third degree. 1(5 REVISED STATUTES, Tit. 6, Chap. 1, Part 4. Every person who shall wilfully administer to any pregnant woman, any medicine, drug, substance, or thing whatever, or shall use or employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such wo- man, unless the same shall be necessary to preserve the life of such woman, or shall shall have been advised by two physicians to be necessary for that purpose; shall, upon conviction, be pun- ished by imprisonment in a county jail not more than one year, or by a fine not exceeding five hundred dollars, or by both such tine and imprisonment. If any physician or other person, while in a state of intoxi- cation, shall prescribe any poison, drug, or medicine, to another person, which shall endanger the life of such other, he shall, upon conviction, be adjudged guilty of a misdemeanor. Every apothecary, druggist, or other person, who shall sell and deliver any arsenic, corrosive sublimate, prussic acid, or any other substance or liquid usually denominated poisonous, with- out having the word "poison" written or printed upon a label attached to the phial, box, or parcel, in which the same is so sold; or who shall sell and deliver any tartar emetic, without having the true name thereof written or printed upon a label attached to the phial, box, or parcel, containing the same, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars. mr-jLiAws OF THE RENSSELAER COUNTY ADOPTED JUNE 10, 1828. CHAPTER I. ADMISSION OF MEMBERS. Any regular licensed Physician or Surgeon residing within the county, when proposed by a member, may be admitted into this Society by the votes of a majority of the members present, after producing satisfactory evidence of his authority to prac- tice in either or both of the above capacities, and of his sustain- ing a good moral character; when he shall sign the by-laws, and pay to the Treasurer one dollar, which shall entitle him to a certificate of membership on paper: if he requests a parch- ment certificate, he shall obtain one from the Secretary by pay- ing the sum of one dollar therefor. CHAPTER II. MEETINGS OF THE SOCIETY. The anniversary meeting of this Society, shall be on the se- cond Tuesday of June, at ten o'clock A. M.; and the semi-annual meeting on the second Tuesday of January. And there shall be two quarterly meetings, one on the second Tuesday in Sep- tember, and one on the second Tuesday in April, in each year ; but there shall be no votes taken which shall in any way effect C 18 -the funds or property of the Society, except at the annual meet- ing, and then it shall require a majority of the whole number of voters recorded as present at such meeting. The place of meet- ing shall be determined by a majority of voters present. Seven members shall constitute a quorum. CHAPTER III. ORDER OF BUSINESS. Sec. 1. When a quorum is present, the President shall de- clare the Society ready for the transaction of business; 1st, The names of the members present shall first be recorded by the Secretary. 2d, The minutes of the last meeting read. 3d, Candidates for membership proposed. 4th, The unfinished business of previous meetings taken up and disposed of. 5th, Miscellaneous business. 6th, The reading of the President's dissertation. 7th, If an annual meeting, election of officers. Lastly, Adjournment. Sec. 2. All the officers of this Society shall be elected by ballot. The ballots shall be counted by the presiding officer, and the candidate having the greatest number of votes shall be by him declared duly elected. Sec. 3. It shall be the duty of the Recording Secretary to publish a list of the officers of this Society, immediately after the annual meeting each year, in two of the most widely circu- lated papers published in this county, also such other transactions as the Society shall direct. CHAPTER IV. DUTIES OF THE OFFICERS. OF THE PRESIDENT. Sec. 1. The President shall preside at all meetings of the Society; he shall preserve order and decorum; determine all 19 questions of order, unless overruled by a majority of the Socie- ty ; take the opinion of the Society on all motions made and seconded; give the casting vote when the Society is equally divided; nominate all committees unless otherwise directed by the Society; grant and sign the diploma of this Society to such as have passed the examination of their Censors; call all extra meetings required by law, and perform all such other du- ties as are prescribed him by law and the by-laws and resolu- tions of this Society. In the absence of the President, the Vice President, as President pro tern., shall exercise the same powers. Sec. 2. It shall be the duty of the President to deliver a dis- sertation on some medical or scientific subject, or procure one to be read by the Vice President or Secretary, at the annual meeting closing the year after his election. OF THE SECRETARY. Sec. 3. It shall be the duty of the Recording Secretary to perform the duties prescribed him by law and the by-laws and resolutions of this Society; he shall notify, in writing, the chair- men of all committees of their appointment, together with the names of their colleagues and the object and duty of such com- mittees. In case of his non-attendance, a Secretary pro tem. shall be appointed. Sec. 4. There shall be chosen by this Society, at their annual election of officers, a Corresponding Secretary, who shall hold his office for one year, or until another shall be chosen in his place, whose duty it shall be to hold correspondence, in the name of the Society, with other medical societies and scientific cha- racters ; to receive all communications transmitted to him in behalf of the Society, and lay them before the Society at their regular meetings, and make such other communications as the Society may think proper to direct. 20 OF THE TREASURER. Sec. 5. The Treasurer shall perforn: ;ill the duties of his of- fice prescribed him by law and the by-laws and resolutions of this Society, and shall present an annual report to the Society, of the state of the funds. OF THE CENSORS. Sec. 6. The Censors shall examine every candidate who shall present himself agreeable to law. And if, upon examination, they shall be satisfied with the medical abilities, moral standing, and scientific attainments of said candidate, they shall certify the same, in writing, to the President, which certificate shall entitle him to a diploma of the Society. For every such exami- nation, each Censor, whether a certificate be granted or not, shall be entitled to the sum of three dollars from every student so examined: Provided, always, that no examination shall be had by a board of less than three Censors. OF THE DELEGATE. Sec. 7. The Delegate shall perform all the duties prescribed him by law and the by-laws and resolutions of this Society ; shall support the honor and dignity of the Society, and shall obey all orders consistent with his appointment. CHAPTER V. DUTIES OF THE MEMBERS. Sec. 1. Every Member, when speaking in the Society, shall rise and address the presiding officer; observe order and deco- rum ; pay proper respect to the President and other officers, as well as his fellow members. Sec. 2. No Member shall leave the room while the Society is in session without leave from the chair. Sec. 3. If any Member of this Society vacate his seat for two years m succession, without rendering sufficient excuse, he 21 shall be subjected to a fine of one dollar for every subsequent year in which he shall neglect to appear and take his seat, or fifty cents for each annual or semi-annual meeting from which he shall be absent, until he shall again attend a meeting of the Society. Sec. 4. Any Member who shall neglect or refuse to serve upon any committee when duly appointed and notified, shall pay such fine, not exceeding five dollars, as a majority shall see pro- per to inflict. And it shall be the duty of the chairman or first in nomination of every committee to appoint the time and place of meeting of such committee, and to give due notice, in wri- ting to each member of said committee. Sec. 5. It shall be the duty of every Member of this Socie- ty, on entering the same, at any time during the session, to re- port himself to the Recording Secretary, who shall enter his name as present at said meeting. CHAPTER VI. HONORARY MEMBERS. Scientific men of good moral deportment, may become honor- ary members of this Society, by a majority of votes of all the members present, at any annual meeting; and shall enjoy all the privileges of this Society while in session, except voting at elections. CHAPTER VII. DIPLOMA OF THE SOCIETY. Sec. 1. The Diploma of this Society shall be printed with a fair type, on parchment or vellum paper, signed by the President and Secretary, and shall have the seal of the Society affixed thereto by the Secretary. 2'* Sec. 2. No one shall be entitled to a Diploma, until he shall have passed the examination of the Censors, received their cer- tificate, and paid to the President the sum of five dollars as di- rected by law. CHAPTER VIII. TAXES, FINES, &C. Each member of this Society shall pay to the Treasurer one dollar, at each annual meeting, for the use of the Society, and also such fines and penalties as shall be imposed by the Socie- ty for violation of the rules thereof; and if he shall neglect or refuse to comply with such regulations, the Treasurer is hereby authorised to sue for and collect the same, as in other cases provided for by law. CHAPTER IX. SCIENTIFIC IMPROVEMENT. Sec. 1. Any member may make communications to this So- ciety, calculated to correct errors, or to make improvements either in the principles or practice of medicine and surgery, or in the sciences therewith connected. Sec. 2. The Recording Secretary shall keep on file all com- munications made to the Society, for their benefit. CHAPTER X. REVISAL OF THE BY-LAWS. The Society may, at any regular meeting, appoint a commit- tee to examine and report to the Society such amendments and alterations as may be considered necessary in the by-laws of this Society, and such report shall be determined by a majority of the members recorded as present at the next regular meeting. 23 OF THE RENSSELAER MEDICAL LIBRARY. Sec. 1. The surplus funds of the Rensselaer County Medi- cal Society shall be appropriated to the purchasing of a Medi- cal Library, in such sums, at such times, and in such manner, as the members thereof shall direct. Sec. 2. There shall be chosen at the annual election of offi- cers, a Librarian, who shall hold his office for one year, or until another be chosen in his place. Sec. 3. The Librarian shall keep a catalogue of the books belonging to the library, and shall be accountable for their safe keeping. He shall also perform all other duties prescribed him by the by-laws and resolutions of the Society, and shall report to the Society annually the state of the library. Sec. 4. Each book belonging to the library shall be, by the Librarian, numbered on the inside of the cover, 1, 2, 3, &c. and marked, Rensselaer Medical Society. There shall, at the annual and semi-annual meetings of the Society, be a distribution of the books among the members. When a member returns a book, he shall leave on a book kept for the purpose by the Librarian, his name and the name of the book he wishes to draw, and if two or more wish to obtain the same book, that the Librarian let them draw lots for priority of choice, and that no book be delivered until after the adjournment of the Society; and when a member shall have drawn the first volume of a work consist- ing of more volumes than one, then such member shall be enti- tled to the next succeeding volume without drawing for the same. Books shall be returned by those who hold them at the annual and semi-annual meetings, before 12 o'clock M. Any member wishing to change a book, may have the privilege by calling on the Librarian. 16 .Sec. 5. No member shall be allowed to take more than one volume at a time. And any member who shall retain a book over the time, shall be charged six cents per day until returned, or until the fine shall amount to double the original cost of said book. Sec. 9. Every volume lost shall be replaced, or paid for, at twenty-five per cent, above the original cost; and if belonging to a set, the set shall be made good or paid for at the same rate, at the option of the loser, when he shall be entitled to the bro- ken set. Sec. 7. For every injury done a book while out of the library, the member in whose possession it was when injured, shall be fined in the following manner, viz : for each greased spot, from twelve and a half to twenty-five cents; every torn leaf, do.; every break on the cover or soil on the leaf, do.; according to the decision of the Librarian. Sec. 8. No member shall be allowed to take a book from the library while in arrears for fines or taxes. Sec. 9. No book belonging to the library shall be lent either by the Librarian or a member, except to a member of the Socie- ty, under the penalty of fifty cents per day, for every day, until returned, to be paid by the lender. Sec. 10. It shall be the duty of the Librarian, to attend to the calls of the members; enforce the execution of the by-laws of the library; receive and be accountable, for all the fines and contributions to the library, and pay them over to the Treasurer of the Society, at their annual meeting in each year. or JIEI>ICAL< ETHICS. A system of Medical Ethics comprises all the moral princi- ples and regulations which should govern physicians and sur- geons in the exercise of their professional duties toward the pub- lic in general, in private and confidential cases, as well as is their intercourse with other medical men, and before magistrates and courts of justice. Such a system may be reduced to the form of a code of medi- cal police, exhibiting maxims and precepts in five respective divisions of medical ethics, under the following heads: 1st. Personal Character of Physicians. 2d. Quackery. 3d. Consultations. 4th. Specifications of Medical Police in Practice. 5th. Forensic Medical Police. Note.—Precepts and articles of the Code of Medical Police are severally arranged under a series of numbers FIRST DIVISION- PERSONAL CHARACTER OF PHYSICIANS. It would be difficult to determine which of the three learned professions in society requires the most virtue, or-the most puri- ty, and perfection of personal character. Those only can judge who are themselves acquainted with the difficulties to be sur- mounted in the htudy of medicine and surgery, and the labour ?-nd extent of the long course of experimental observation which :r is necessary to pursue, before the confidence of the public can D 26 be attained. The life of a physician is, on the whole, a contin- ual struggle against prejudices and erroneous habitudes of the mind, and not unfrequently against ingratitude,* exclusive of the personal hazard among the sick, the fatigue, and the loss of ordinary comfort and rest which it necessarily involves. I. A physician cannot successfully pass through his career without the aid of much fortitude of mind, and a religious sense of all his obligations of conscience, honour, and humanity.f His personal character should therefore be that of a perfect gentle- man, and above all, be exempt from vulgarity of manners, ha- bitual swearing, drunkenness, gambling, or any species of de- bauchery, and contempt for religious practices and feelings.:{: II. The confidence of the public cannot be awarded to a phy- sician who has rendered himself notorious for felony or misde- meanor, or who has incurred penalties for crimes. III. A physician in indigent circumstances is not permitted to embrace or exercise any business which would degrade the cha- racter of his profession; such as keeping a tavern, lottery office, gambling, victualing, or play house. Any low trade or servile mercenary occupation is incompatible with the dignity and inde- pendence of the medical profession. In such extreme and deroga- tory situations a physician forfeits the privileges of his profession. SECOND DIVISION. The importance of the medical profession requires that it should be exercised with fidelity to its scientific principles and * It unfortunately happens that the only judges of medical merit are those who have sinister views in concealing and depreciating it. [John Gregory M. D. Lect. 1, on the duties, &c. P. 17. Lond. Ed. f Hence appears the necessity of a physician, having a large share of good sem»e and knowledge of the world, as well as medical genius and learning. (J. Gregory M. D. Lect. 1, page 17. % The most celebrated physicians who to this day remain our models and masters were religious men. I know none among the living who can be judged greater than Stahl, Boerhaave, Linnaeus and Haller, who always headed (licit works by an invocation to the Supreme Ruler. (F. E. Foder<\ Vitudy, are liable to draw mistaken and contradictory inferences from what they hear concerning them. Hence many people suppose that a physician is an unfeeling man ; and assimilate a good surgeon to a butcher. The more talk, therefore, the more numerous are the misrepresentations set afloat, and the greater is the diffidence, distrust or disrespect excited. XVII. The exposure of the nature of the complaint which a •physician is called upon to judge or cure, subjecting the patient to public shame or impeaching his moral character, is an unpar donable breach of medical ethics. • "The poor," says Boerhaave, "are the be^t custo- 33 mcrs because God will he the paymaster." Instead of fee, they give in exchange, the benefit of experience, of useful observation, and frequently the gratification of successful advise, which is more exactly followed by them than by the rich, who too often spoil the best directions by their whimsical notions and love of comfort. The most lucrative and extended patronage a physi- cian can enjoy, far from being an honorable pretext for not af- fording some attention to the poor, stands as a proof of his sel- fishness or want of humanity. XIX. In urgent cases of sickness, or of injuries occasioned by accidents, a call for medical or surgical help should be obey- ed immediately, unless such compliance be to the detriment of some other sufferer. It often happens in such cases that many physicians, and more than are required, meet on the spot. Cour- tesy then assigns the patient to the first physician or surgeon who arrives, and if he should want assistance he has a right to re- quest it from a physician or practical surgeon present, according to the nature of the case. But if the physician or surgeon who usually attends the family or patient be of the number, then the present urgent case is assigned to him. In the event of the concurring attendance of many medical gentlemen, no fee is to be exacted for the trouble of coming, un- less called upon by some authorized person. An accidental in- jury is distresst and help for a fellow-being in distress is claim- ed by the laws of nature.* XX. The fees for the compensation of medical services are regulated by the value of currency and the price of necessaries in different countries and cities; by the customs approved and • Dr. Gregory says (p. 179) " that under such circumstances considerations of benevolence, humanity, and gratitude, are wholly set aside: tor when dis- putes arise they must be suspended or extinguished; and the question at issue can alone be decided on the " principle of co m mutative, justice.", If a physi- cian would therefore contend for remuneration, it could not be as a medical fee but an indemnity only for expenses of transpoiimg himself there, where he might be wanted. The question is the more easily settled, that it has no fm- t/ser reference to medical service. E .14 established among experienced and reputable practitioners; and sometimes by a recorded rate of charges, such as individuals be- longing to any trade or profession adopt by general consent. It must be recollected however that this last mode has been forbid- den physicians and surgeons in their corporate capacity, by a resolution of the State Medical Society of New-York, in the year 1817. This is in conformity to the common law of Eng- land, according to which, services rendered by advice cannot constitute a pecuniary debt, and much less in the medical pro- fession, which " is too honorable," said a chief justice of that country (Lord Erskipe) " to be subjected to a defined rate of charges." It follows from this, that medical services are not le- gally entitled to remuneration, except for the employment of time, medicines, and personal labor in attending upon the sick. But public opinion in a civilized nation, and among the more enlightened classes of society, will always highly estimate and liberally compensate medical services. A strict sense of justice and honor towards each fellow mem- ber of the profession should prevent a physician from underval- uing his services, by items and charges in his bill, beneath the customary rate, with a view to draw patronage by exciting com- parisons. A practitioner may settle his demands with his pat- rons on whatever terms he pleases, but he has no right to make the law, or change an established usage to the prejudice of his brethren. The reputation of a cheap doctor, after all, is neith- er dignified nor enviable. Others will follow quite a contrary method. They will place an exorbitant value on their time and labor, and exact oppres- sive demands for their services. The conduct of such has a ve- ry injurious influence upon the lower and middling classes of society, who, needing medical aid, are deterred from applying to - ay physician, lest they should incur ruinous charges. These ex- pensive doctors should be reminded that whenever a person pays a Ml which he thinks extravagant and unreasonable, he easily ^pay,« himself, nnd gratifies his vanity if not his resentment, by 35 divulging how much money he has been willing to bestow; what liberality he has exercised; or to what imposition he has been exposed! Some physicians, more intent on acquiring wealth than a good name, exact from their patients their charges, whether great or small, with unrelenting severity, refusing time to procure the necessary means, often having recourse to lawsuits, disregarding the plea of low circumstances, or absolute want, thus creating much distress; such conduct is as disreputable to the physician as it is disgraceful to humanity, for the highest aim of the pro- fession, is to reach its utmost requisitions. These extortioners, as they dishonor the medical profession, by a single act of such oppression, deserve a public reprimand, if not a prompt expul- sion from their county medical society. Whenever a physician is reduced to obtain his professional fees by compulsory measures, it is his duty first to propose, and to prefer the settlement of the matter in contention by a refer- ence to arbitrators. XXI. It is enjoined in the sacred obligation which Hippo- crates imposed upon the pupils of the noble science of medicine and surgery, which is also the model of the like engagement of- fered to the candidates for graduation in this and other countries; that they shall respect and assist their preceptors and masters, their seniors by experience or age, and shall contribute as far as is in their power, to the honor, improvement, and utility of their professions. According to this precept, physicians and surgeons have something more to do, than to procure their livelihood. As they are indebted to the labors, talents, and experience of their predecessors in the healing art for all that constitutes its admira- ble body of doctrine; so present and future generations look to them for some additional improvement, because much can yet be done to extend its usefulness. This obligation is unbecom- ingly violated by many physicians who pretend to eminence; they estrange themselve from medical associations—never have any observation or improvement to communicate, their deoree 36 of skill and experience always remains unknown and mysteri- ous,—they screen themselves from scientific labors and contro- versies, and, as if incompetent, never contribute by any effort, however small, to the advancement of the medical character. Such practitioners, although they are frequently popular, and wealthy, are, nevertheless, only comparable to drones in the bee hive: medical associations should refuse to confer upon them of- fices, appointments, or even employments in committees; on the principle that proofs are wanting of their talents, zeal, judg- ment and professional emulation. FIFTH DIVISION. FORENSIC MEDICAL POLICE. XXII. There are numerous accidents and offences, the nature and degree of criminality of which arc determined by medical opinion. Human passions daily occasion acts of violence which fall under the cognizance of public justice; and diseases of the mind, whether arising from vice, intemperance, sickness or ac- cident, have also their share of influence in the commission of crime; and often lead their unfortunate victims to suicide and murder. Crimes so originating could be perpetrated in ways so disguised as to conceal the authors or the means by which they were accomplished, were it not that juries can be assisted by medical men in evidence relating to physiology. A physi- cian should always be in readiness to answer in these jurisdic- tional inquisitions, and to give an opinion, on facts referred to his judgment, according to the approved doctrines of medicine and surgery, as far as these are ascertained. Ignorance, or an im- perfect knowledge upon matters which place life, honor, and in- nocence, in a fatal predicament, is unpardonable, and should sub- ject any physician so illiterate, to disqualification for the privile- ges of his .profession. XXIII. To well instructed physicians only two rules need to be recommended. The one relating to their conduct when they 37 are called upon to give professional evidence; and the other, to the nature and extent of the secrecy which they are bound to maintain in relation to their patients. 1st. When physicians engaged in the decision of a forensic question are unbiassed by the parties, and have no interest for plaintiff or defendant, (being well informed of all the facts alle- ged in evidence) they have only to decide by known medical principles, and can therefore rarely disagree. It is their duty to obtain every possible information upon the case, and before giv- ing in their declaration, candidly and conscientiously to canvass each others opinions, so that erroneous ideas may be removed, and information participated.* Two or more physicians on one side of a question, should in the same manner freely communi- cate, in order to guard against versatile and contradictory decla- rations, for which the trivial sarcasm, " doctors differ," is no excuse, as they always invalidate their opinions, authority, deci- sions and respectability. 2d. The second rule is that of secrecy upon facts with which physicians become professionally acquainted, or are invited to ascertain; such as whether an apparent pregnancy be real; the gestation and birth of a child; its parentage, color, and age; the judgment and treatment of syphilitic and gonorrhoeal diseases; the able or disabled state of a person, in limb or constitution; the fallacy of virginity and other circumstances, to the confes- sion of which, a degree of shame, and the idea of exposure is attached, and which are never mentioned but with an engage- ment to secrecy. This duty has been defined by comparing it to that of the Ca- tholic Confessional, which admits of no disclosures except in cases of treason or murder, f This inference has been acknow- * When two or more gentlemen of the faculty are to offer their opinions or testimony, it would sometimes tend to obviate contrariety if they were to con- fer freely with each other, before their public examination. [T. Percival, Med. Ethics ch. 4, page 107. f The sacred duty or privilege of a catholic priest not compellable to discos e the secrets of auricular confession was maintained by a decision of the court of sessions of New-York, 14th June, 1813, in the case of the Rev. Mr. K. refu- siug his testimony on a matter of felony. [Vid. caih. quest, report, by Win. Sampson, Esq. 38 ledge by the judiciary of New-York, and, in its application to medical matters, admitted by that of Philadelphia, in the year 1800;* and the Medical Society of the State of New- York have adopted the same principle, so extended as to exclude felony.— But this great privilege of the medical profession ought to be limited by discretion, and regulated by a strong sense of moral duty; it should never be exercised to the injury of innocence, or the violation of the rights of justice, or when it might operate to the dishonor or distress of families. Note.—The following precept of Medical Police having been accidentally omitted in the report of the Committee, and reinstated only after the adjournment of the State Medical Society, is here placed, under the authority which they have given for revision and notes. Physicians are often requested to declare to the patient his danger, and to urge his observance of religious and testamenta- ry acts: but medical aid, in extremely dangerous cases, would seldom be of any avail, if in place of composing the mind of the sufferer, physicians were to doom it to despondency and despair. Such services are incompatible with their duty of administering hope and comfort, without the influence of which, many doubt- ful cases of disease might at once become positively fatal. To a christian minister alone, or to some other authorized per- son therefore, appertains the task of disclosing to the patient his alarming situation, and preparing his mind to meet with compo- sure that event, which to his friends may appear inevitable. Physicians should not interfere in the final settlement of their * The same principle was recognised by a superior court of Pennsylvania, in the year 1800, in the case of a physician who refused to desclose his profession- al acts, against a defendant, in a suit for divorce on the plea of adultery. Many persons would rather suffer or die than be exposed to shame or disgrace from the complaints they are laboring under. It is a law of nature that they should seek for cure or relief, and be protected by professional secrecy, even if a matter of prosecution should arise therefrom. ICommiuce. 39 patients' worldly affairs. These arc eventually composed of va- rious family claims and pretensions; and a physician's interfer- ence in their distribution may be taxed as arising from interested motives, or be thought by those concerned to be a disgraceful vi- olation of the confidence reposed on his humane functions as me- dical attendant. In order to protect himself and to place his name beyond the reach of any implication, he should, 1st. Give timely and explicit information of the dangerous situation of the patient to those who have the best right to ad- vise him in his religious and temporal concerns. 2d. He should inform them of the possibility of a change in the prognostic, in order to prevent any relaxation of care and attention on the part of nurses and others, that no chances of the patient's recovery be lost through neglect. 3d. The physician in such a case should continue his personal attendance, which is the more proper, as he entertains or has ac- knowledged some hopes of a favorable change: should he be dismissed from pecuniary motives, his responsibility neverthe- less requires a friendly or gratuitous attention.* * " It is as much the business of a physician to alleviate pain and to smooth the avenues of death, when unavoidable, as to cure diseases." OFFICERS FOR 1831. JOHN VAN NAMEE, President. ROBERT COLLINS, Vice-President. MELZER FLAGG, Recording Secretary. MOSES HALE, Corresponding Secretary. JOHN WHEELER, "1 ED. S. KIMBERLY, | CHS. S. J. GOODRICH, V Censors. ALONZO STREETER, I Z. LYON, j OBADIAH E. LANSING, Treasurer. JOHN BROWN, Librarian. SAMUEL McLELLAN, Delegate. A list of the present members of the Rensselaer County Med- ical Society—February 1st, 1831. Prosper M. Armstrong. Ezekiel Baker. Ebnr. D. Bassett. Thomas W. Blatchford. Isaiah Brakey. Philip Brigham. Thomas C. Brinsmade. John Brown. Stephen J. Brown. John H. Carpenter. Zenas Cary. John Clapp. Asaph Clark. Charles Cole. Robert Collins. S. A. Cook. David Elliott. Joseph H. Elmore. Melzer Flagg. J. W. Freiot. Benjamin Gates. Charles S. J. Goodrich. Oren Goodrich. Elijah Graves. Joshua B. Graves. Charles H. Gregory. Moses Hale. Charles Hale. Samuel Haynes. Emerson Hull. Edmund S. Kimberly. James Langworthy. Obadiah E. Lansing. Frederick B. Leonard. Z. Lyon. D. L. Mather. Samuel McLellan. Hiram Moses. Simon Newcomb. Samuel Norton. Amatus Robbing. Samuel Russell. Ehsha Sheldon. Avery J. Skilton. Alonzo Streeter. Lorenzo Streeter. Abr. D. Spoor. John Squire. Cuyler Tanner. Thomas Taylor. Abner Thurber. John Van Beuren. Henry P. Van Dyck. John Van Namee. Rufus S. Waite. Alfred Watkins. P. S. F. Westervelt. John Wheeler. p \