Commonwealth of Pennsylvania DEPARTMENT OF PUBLIC INSTRUCTION State Board of Osteopathic Examiners Harrisburg OSTEOPATHIC LAW Edited May 1, 1949 I. DEFINITIONS % "Osteopath," an individual licensed under the laws of this Common- wealth to practice osteopathy, (Act of May 28, 1937? P.L. 1019, Art, VIII, Section 101.) "Osteopathic Surgeon," an individual licensed under the laws of this Commonwealth to practice osteopathy and osteopathic surgery. (Act of May 28, 1937, P. L. 1019, Art. VIII, Section 101.) II. EXAMINATION OF APPLICANTS. For the purpose of examining appli- cants for license, the said Board of Osteopathic Examiners shall hold two stated meetings in each year, due notice of which shall be made public, at such times and places as the board may determine. At said meetings a majority of the members of the board shall constitute a quorum thereof; but the examination may be conducted by a committee of one or more members of the Board of Examiners, duly authorized by said board; but no license to practice osteopathy shall be granted on an affirmative vote of less ? than three. Said examinations shall be conducted in writing, in accordance with the rules and regulations prescribed by the State Board of Osteopathic Examiners, and may be supplemented by practical examinations at the bedside in available eleemosynary or other institution, the laboratory, and by practical tests upon the human cadaver, and shall embrace the subjects named in section eight of this act. After each such examination the com- mittee having charge thereof shall, without unnecessary delay, act upon the same. An official report of such action, signed by each acting member of said committee of examiners stating the examination average of each candi- date in each branch, the general average, and the result of the examination, whether successful or unsuccessful, shall be transmitted to the said State Board of Osteopathic Examiners, Said.report shall embrace all the exami- nation papersj questions, and answers thereto, and such written reports as result from the practical tests as hereinbefore specified. All such exam- ination papers and reports shall be kept for reference and inspection, for a period of not less than five years. The board shall keep a record of its proceedings, and a register of all applicants for license; giving the name and location of the institution granting the applicant the degrees of doctor of, or diplomat in osteopathy; the date of his or her diploma; and a Iso whether the applicant was rejected or granted a license, and the number of the license granted. The record and register shall be prlma facie evidence of all matters recorded therein. (Section .5, nct of March lb, 1909, P.L. 46.) . _ III LICENSE TO PRACTICE OSTEOPATHY. Every license to practice osteopahy, issued under the provisions of this act, shall be signed by each member of the Board of Examiners;and shall have affixed to it, by the person authorised to affix the same, the seal of the State Board of Osteopathic Examiners* Before said license shall be issued, it shall be recorded in a book to be kept by the Secretary of the Board of Examiners; and the number of the books, and the page therein containing such recorded copy, shall be noted upon the face of said license. Said records shall, under proper restrictions for their safe-keeping, be open to public inspection: Provided further, That anyone who has been in continuous practice of oeteopathy for ten years in some other state and who was graduated from a legally incorporated and reputable college of osteopathy, as provided for in this act, may be granted a license, without further examination, after complying xd.th all the other conditions provided for in the licensing of osteopaths in practice in this state at the time of the approval of this act. (Section ?, Act of March 19, 1909, P.L.46) Seal Recording Non-resi^ dent practi- tioner IV APPLICATION TO ENGAGES IN PRACTICE - From and after the approval of this act, any person not theretofore authorized to practice osteopathy in this state, and desiring to enter upon such practice, may deliver to the Secretary of the State Board of Osteopathic Examiners, upon the payment of a fee of twenty- five dollars, a written application for license, together with satisfactory proof that the applicant is more than twenty-one years of age, is of good moral character, has obtained a pre- liminary education as hereinafter provided, and has received a diploma conferring the degree in osteopathy from some legally incorporated, reputable osteopathic college of the United States, or some foreign country, wherein the course of instruc- tion consists of at least three separate years of not less than nine months in each separate year. Applicants who receive their degree in osteopathy after the first day of January, Anno Domini one thousand nine hundred and twelve, must have pursued the study of osteopathy for four graded courses of not less than thirty-two weeks of not less than thirty-five hours each of actual work in didactic laboratory and clinical studies, the work of each course having been successfully passed in some legally incorporated, reputable osteopathic college, or colleges, prior to the granting of said diploma or foreign license; Provided, further, That any one who is in the practice of osteopathy in some other state at the time of the approval of this act and who is a graduate from a reputable and legally incorporated college of osteopathy, providing a course of study of at least four terms of five months each, shall be eligible for examination, upon all other terms and conditions provided for applicants for examination under the provisions of this act; Revised course of study- required after Jan. 1, 1912 Non-resident practitioners March 19, 1909 And provided further. That the completion of the regular four years’ course and graduation from a reputable literary college, in which four years’ course two years were devoted to scientific and biological work in the college, shall be accepted by the State Board of Osteopathic Examiners as an equivalent for the first year in a recognized, reputable osteopathic college: Provided, That the examinations of the first year of the said osteopathic college have been successfully passed, and accepted by the osteopathic college as dealing adequately with chemistry, toxicology, physics, physiology, anatomy, and the biologic sciences. Such proof shall be made, if required, on affidavit. Upon the making of said payment and proof, the State Board of Osteopathic Examiners, if satisfied with the same, shall admit said applicant to examination as to his other qualifications for the practice of osteopathy; which examina- tion shall include the subjects of anatomy, physiology, chemistry, toxicology, pathology, diagnosis, hygiene, obstet- rics, and gynecology, surgery, principles and practice of osteopathy, and such other subjects as the board may require. On receiving from the committee of examiners, delegated to conduct examinations as provided for in section five of this act, official report of the examination of any applicant for license, the said State Board of Osteopathic Examiners shall issue, forthwith, to each applicant who shall have obtained a general average of not less than seventy-five per centum, and therefore has been returned as having successfully passed said examination, and who shall have been adjudged by the said Board of Examiners to be duly qualified for the practice of osteopathy, a license to practice osteopathy in the State of Pennsylvania, as provided for in section ten of this act. In case of failure at any such examination, the candidate, after the expiration of six months, and within two years, shall have the privilege of a second examination. Having failed upon a second examination, as herein provided, appli- cation de novo may be made, upon complying with the standard of qualification, both as to character, preliminary and osteopathic education, in force at the time of said applica- tion, and upon the payment of a fee of twenty-five dollars. (Section 8, Act of March 19, 1909, P. L, 46 as last amended by Section 1, Act of April 17, 1942, P,L. 47.) Proviso Proviso Examinations Seventy-five per centum average required V. CANDIDATES GRADUATED BEFORE JULY 1, 1912. - Any candidate for license to practice osteopathy in Pennsylvania who shall present his application to the State Board of Osteopathic Examiners, and shall show to the satisfaction of the Board that he was, before the first day of July, one thousand nine hundred twelve a graduate from a legally incor- porated and reputable college of osteopathy, and that the standard of requirements for graduation in such college, at the time of his graduation, was substantially the same as provided in section eight of the act to which this act is a supplement, shall be eligible to license under all the pro- visions of this act, in the same manner as candidates for license to practice osteopathy who made application prior to the first day of January, one thousand nine hundred twelve, (Section 1, Act of April 28, 1915, P. L, 195}. VI. STANDARD OB’ SCHOOL OR COLLEGE - A school or college of osteopathy to be recognized as reputable, under + the provisions of this act must be legally incorporated, maintain a course of study consisting of the time element as provided for under the provisions of this act, and afford adequate instruction in all the branches of study in which examinations are required for licensure under the provisions of this act, subject to the approval and acceptance of a majority of the Board of Osteopathic Examiners of this Commonwealth; Provided, That any registered osteopath who has been engaged in the practice of osteopathy in this State for eight continuous and con- secutive years prior to the approval of this act, who shall exhibit his or her certificate of registration to the Secretary of the Board of Osteopathic Examiners; and shall satisfy said board that he or she has actually attended a post-graduate course of osteopathic instruction at some college recognized as reputable by said board, said course to consist of not less than one term of nine con- tinuous months, with not less than an average of twenty-four hours instruction a week, and that said applicant has passed the examinations of said course under the supervision of said board upon the payment by the applicant of the fee of twenty-five dollars, the said board shall forthwith issue to such applicant a license to practice osteopathy in this State, which license shall be subscribed by every member of the Board of Osteopathic Examiners, end shall have a life effect for all purposes as a license issued after examina- tion by said board. Such licensee shall register in the office of the prothonotary of the court of common pleas of the county or counties in which he or she desires to practice, as required by section thirteen of the act hereby amended; but, after the date of the approval of this amend- ment, no person shall be registered as a practitioner of osteopathy, in this Commonwealth, except by exhibiting to the prothonotary of the county or counties in which he or she desires to practice a license duly granted to him or her by the Board of Osteopathic Examiners for the State of Pennsylvania. (Section 9, Act of March 19, 1909, P. L. 46 as last amended by Section 1, Act of June 1, 1915, P. L, 637.) Approval Right to practice Registration Section 13 VII. APPLICANTS LICENSED BY OTHER STATES. Applicants examined and licensed by the State Boards of Osteopathic Examiners of other states, on the payment of a fee of fifty dollars to the State Board of Osteopathic Examiners, and filing in the office of the State Board of Osteopathic Examiners a copy of said license, certified by the affidavit of the president or secretary of such board, showing also that the standard of requirements adopted by said board of examiners is substantially the same as is provided by section eight of this act, shall, without further examination, receive a license conferring on the holder thereof all the rights and privileges provided by section eleven of this act. After the first day of July, one thousand nine hun- dred and twenty-eight, applicants for licensure under the pro- visions of this act shall furnish, prior to any examination by the State Board of Osteopathic Examiners, satisfactory proof that he or she has had a general education of not less than a standard four years’ high school course, or its equivalent, and not less than one year of college credits in chemistry, biology, and physics, all of which have been received before admission to osteopathic study. After the first day of July one thousand nine hundred and forty-one such applicants shall have had not less than two years of college credits, including one year in each of the subjects, chemistry, biology, and physics, all of which have been received before admission to osteopathic study. (Section 10, Act of March 19, 1909, P.L, 46, as last amended by Section 1, Act of June 5, 1937 P.L. 1649.) Educational Requirements after July 1, 1928 Educational requirements after July 1, 1%1 VIII. PRACTICE OF OSTEOPATHY;OSTEOPATHY DEFINED. Every license to practice as an osteopathic physician, issued by the State Board of Osteopathic Examiners, shall authorize the holder thereof to practice osteopathy in ail its branches, including minor surgery and obstetrics, without restriction, as the same is herein defined, and taught and practiced in the legally incorporated reputable colleges of osteopathy; but it shall not authorize the holder thereof to practice operative surgery without obtaining an additional license to practice such surgery, as provided in section eleven (b) of this act. Any use or practice by osteopathic physicians of the agencies or means hereinafter named, as embraced within the fundamentals of the principles and practice of the system of osteopathy, when used for the purposes, in the manner, and to the extent as taught and practiced in the legally incorporated, reputable colleges of osteopathy, shall not be construed the practice of medicine, or deemed to be in violation of, or contrary to, any of the laws of this Commonwealth relating to the practice of medicine or regulating the public health. Additional license to practice operative surgery Practice not to be con- strued practice of medicine The word "osteopathy”, as used in this act, means a complete and independent scientific system for the preservation of health and the relief and c ure of bodily disorders, embracing a distinct etiology, prophylaxis, and therapeutics applicable to all types and conditions of Osteopathy defined disease, which in its practice deals with the human body as an intricate machine, holding as its foremost fundamental, (a) that the body when in perfect structural alignment will function correctly and health ensue; (b) that disease is the effect of anatomical abnormalities producing physiolog- ical discord, emphasizing malposed part or parts of the spinal column, its appendages and attachments, as the chief predisposing and producing cause of disease, to cure which the abnormal part or parts must be adjusted to the normal, - that pathogenic bacteria are secondary to the predis- posing anatomical cause; and (c) which regards and uses nondrug adjunctive measures as palliatives; (d) embraces obstetrics, ophthalmology, subject, however, to the pro- visions herein as to surgery, subscribes to sanitation and hygiene, and to surgery when indicated and practiced from an osteopathic viewpoint; (e) employs antiseptics, anaes- thetics, and germicides in case of necessity and antidotes in case of poisoning; and (f) opposes the introduction of drugs into the body organism as curative agencies, (Section 11, Act of March 19, 1909, P. L. 46 as last amended by Section 2, Act of June 5, 1937, P. L. 1649) IX. OSTEOPATHIC SURGERY, FEES, ETC. - Any person licensed to practice osteopathy in this State, and desiring to enter upon the practice of operative surgery as taught and prac- ticed in the legally incorporated, reputable colleges of osteopathy may deliver to the Superintendent of Public Instruction, upon the payment of a fee of one hundred dollars, or such fee as shall be fixed by the Superinten- dent of Public Instruction, a written application for license, together with satisfactory proof, in such form as may be required by the Osteopathic Surgeons1 Examining Board, that the applicant has served for a period of not less than two years as an interne in any approved osteo- pathic hospital, which shall have at least ten beds per interne devoted to the treatment of diseases, shall main- tain a thoroughly equipped modern pathological and clinical laboratory proportionate to the necessities of the hospital, and shall maintain a department of anaesthesia consisting of one or more anaesthetists, who shall have supervision over all the anaesthesia given, in the institution, and whose duty it shall be to instruct all internes in the administra- tion of anaesthetics. After the first day of July, one thousand nine hundred and forty-one, all applicants shall, in addition to the requirements hereinabove set forth, have successfully completed one year of surgical training in some legally incorporated, reputable osteopathic college or osteopathic hospital, or special courses, or training equiv- alent thereto, as determined by the Osteopathic Surgeons’ Examining Board. In lieu of the threeyear requirement hereinabove set forth, the applicant may submit proof that he has served for a period of not less than five years as Application for license to practice operative surgery. Fee assistant to a surgeon, and in a hospital, approved by the Osteo- pathic Surgeons’ Examining Board for such training. The Osteo- pathic Surgeons’ Examining Board shall examine and fix the rating of all osteopathic colleges and hospitals, either chartered under the laws of this Commonwealth or operating therein, as relates to surgery only. It shall further be the duty of the board, by inspection or otherwise, to examine and fix the rating of all colleges and hospitals outside this Commonwealth providing osteo- pathic surgical training under the laws of any particular state whose graduate® or Internes desire to obtain licensure as osteo- pathic surgeons in this Commonwealth, but the standards for the approval of osteopathic hospitals in this Commonwealth shall be required in fixing any such rating. The same standard for grad- uates in medicine shall be used for examination by the Osteopathic Surgeons' Examining Board in the examination of the osteopathic graduates for licenses to practice surgery: Provided, That any person duly licensed as an osteopath, who has had at least five years of actual practice as a surgeon, may be examined by the board without being required to prove that he has had two years’ experience as an intern or assistant surgeon in a hospital as hereinbefore provided. Examination and rating of colleges and hospitals for graduate students Thereupon the Osteopathic Surgeons' Examining Board, if satisfied with said proof, shall admit applicant to examination as to his or her qualifications for the practice of operative surgery as taught and practiced in the legally incorporated, reputable colleges of osteopathy. Such examination shall include the subjects of surgical diagnosis and operative surgery, and such other subjects as the said board may deem necessary to test the qualifications of the applicants. The Osteopathic Surgeons’ Examining Board shall cause the Department of Public instruction to issue forthwith to each applicant who shall have obtained a general average of not less than seventy-five per centum, and who shall have been adjudged by the said board of examiners to be duly qualified for the practice of operative surgery as taught and practiced in the legally incorporated, reputable colleges of osteopathy, a license to practice such operative surgery in the State of Pennsylvania. Such license shall be issued and recorded in same manner as licenses to practice osteopathy are now issued by the State Board of Osteopathic Examiners under the provisions of this act: Provided, however, That no such license shall be issued if any objection thereto is filed by the State Board of Osteopathic Examiners. Examination License to practice operative surgery Every license issued by said board to practice surgery shall authorize the holder thereof to practice major or operative surgery as taught and practiced in the legally incorporated, reputable colleges of osteopathy; and the use of anaesthetics, antiseptics, narcotics, and germicides, when used for the pur- poses, in the manner, and to the extent, only as taught and practiced under surgical procedure in the legally incorporated, refutable colleges of osteopathy, shall not be considered the practice of medicine, or in violation of any of the laws relating to the practice of medicine or regulating public health. Effect of license Any osteopathic physician who has been practicing operative surgery for a period of not less than seven years, prior to the passage of this act, shall not be required to take the examinations required by this section, and shall be eligible to appointment as a member of the Osteopathic Surgeons’ Examining Board. Osteopathic physician who has practiced seven years Applicants examined and licensed by the osteopathic surgeons’ examiners of any other state where such examiners exist, separate from the osteopathic physicians' examiners, on the payment of a fee of two hundred dollars ($200,00), and the filing with the Osteopathic Surgeons’ Examining Board of this Commonwealth a copy of such license, certified by the president or secretary of the examiners of such other state, showing that the standard of requirements adopted by such examiners is substantially the same as is provided by this act, shall without further examination receive a license conferring on the holder thereof the right to practice operative surgery as taught and practiced in the legally incorporated, reputable colleges of osteopathy. Applicants from other states person now or hereafter licensed under the provisions of this act to practice operative surgery shall register as such practitioners with the Osteopathic Surgeonns1 Examining Board, on or before the first day of January, * one thousand nine hundred and thirty-eight, and annually there- after, on or before the first day of January of each succeed- ing year. The form for such registration shall be prescribed and furnished by the board. The annual registration fee shall be ten dollars (310.00), or such other sum as shall be fixed by the Department of Public Instruction under authority of law. The fee in all cases accompany the application for such regis- tration. (Section 11 (b), Act of March 19, 1909, P.L. 46 as last amended by Section 1, Act of May 21, 1943, P.L. 471.) Annual registration required X. PERIOD OF INTERNSHIP - Until the thirtieth day of June, one thousand nine hundred forty-eight a minimum of nine months for each year's required internship shall constitute the necessary legal training for an intern in an osteopathic hospital approved for intern training to qualify for admission to an examination for licensure by the Osteopathic Surgeons’ Examining Board to practice major surgery in Pennsylvania. (Section 1, Act of May 21, 1943, P.L, 491 as amended and re-enacted by Section 1, Act of May 8, 1947, P.L. 171.) Period of internship ■-■Date of expiration change to October 31 by the Department of Public Instruction as provided by the Act of May 25, 1937, P.L. 800. XI. REPORTS AND CERTIFICATES CONCERNING BIRTHS, DEATHS, ETC. - Osteopathic physicians and osteopathic surgeons shall observe and be subject to all State and municipal regu- lations relating to the control of contagious diseases, the reporting and certifying of births and deaths, and all matters pertaining to public health, the same as physicians of other schools, and all such reports and certificates, when made or issued by osteopathic nhysicians licensed under the laws of the Commonwealth, shall be accepted by the persons, partner- ships, corporations or by the officers, boards, bureaus, or departments of the State or of any of its political sub- division to whom the same are made, with the same force and effect as reports or certificates issued by physicians of other schools; and such osteopathic physicians shall be entitled to the same fees and compensation as is provided by law for physicians of any other School. (Section 12, Act of March 19, 1909, P. L. 46 as last amended by Section 4, Act of June 5, 1937, P. L. 1649) XII. REGISTRATION; VIOLATIONS OF ACT. - From and after the approval of this act, no person shall enter upon or con- tinue the practice of osteopathy in the State of Pennsylvania unless he or she has complied with the provisions of this act. It shall be the duty of all persons qualified and engaged in the oractice of osteopathy, or who shall hereafter be licensed by the State Board of Osteopathic Examiners to engage in such practice in this Commonwealth, to register with the said State Board of Osteopathic Examiners as practitioners, on or before the first day of January, one thousand nine hundred and twenty- six, and thereafter to register annually with said board in like manner annually on or before the first day of January''- of each succeeding year. The form and method of such registration shall be provided for by such board in such manner as will enable it to carry into effect the purposes of this act. The said State Board of Osteopathic examiners shall be entitled to demand for each annual registration a fee of three dollars, or such other sum as shall be fixed by the Department of Public Instruction under authority of law. The fee shall in all cases, accompany the application for such registration. All fees received hereunder shall, unless otherwise provided by law, be used by the said board in carrying out the pro- visions of this act. Register with board Annual fees Any person licensed and engaged in the practice of osteopathy who shall fail, neglect, or refuse to annually register with the State Board of Osteopathic Examiners as above provided shall be subject to a penalty for the first offense not to exceed twenty-five dollars, and for any second or subsequent offense to a penalty not exceeding fifty dollars, such penalties to be fixed by the Board of Osteopathic Examiners in its rules and regulations. **Date of expiration changed to October 31 by the department of Public Instruction as provided by the Act of May 25, 1937, P.L. Failure to register Penalty 800* The board shall notify any person so failing to register by registered mail of any penalty so imposed, and if the same is not paid within thirty days after receipt of said notice it may be collected by suit in the same manner as debts of like amount are now by law collectible. All fines so Imposed and collected shall be paid to the board and shall by it be paid into the State Treasury. The Board of Osteopathic Examiners may also revoke the license to engage in the practice of osteopathy of any person who shall fail or refuse to register annually after notice of the imposition of a penalty as above provided. Collection of penalties Revocation of license Any person who shall practice or attempt to practice osteopathy, as defined in this act, in treating diseases or any ailment whatsoever of the human body, or who shall use any of the terms or letters, — osteopath, osteopathists, osteopathy, doctor of Osteopathy, diplomat in osteopathy, D.O., or any other titles or letters, under such circumstances as to induce the belief that the person who uses such terms is engaged in the practice of osteooathy, without having first obtained the license herein provided for, or contrary to the provisions of this act; or who shall, under any other term or name, practice or attempt to practice osteopathy as defined in this act; or who, for the purpose of obtaining such license, shall falsely repre- sent himself or herself to be the holder of a diploma as herein provided, — shall be deemed guilty of a misdemeanor, and, upon conviction thereof in the court of quarter sessions of the county wherein the offense shall have been committed, shall pay a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, for each offense, either or both, at the discretion of the court: Provided, however, That nothing contained in this act shall be construed as affecting the so-called practice of medicine. (Section 1.3, Act of March 19, 1909, P. L* 46, as last amended by Section 1, Act of April 6, 1927, P. L* 124) Violation Misdemeanor Penalty XIII. REFUSAL OR REVOCATION OF LICENSE. - On and after the approval of this act, the State Board of Osteopathic Examiners shall refuse to grant a license to an applicant to practice osteopathy in this state, and is empowered to revoke a license conferring on a person the right to practice osteopathy, upon the presentation to said State Board of Osteopathic Examiners of a court record shewing the conviction, in due course of law, of said person for procuring, aiding, or abetting in producing a criminal abortion or miscarriage, by any means whatsoever. The State Board of Osteopathic Examiners, upon such evidence and proof, shall cause the name of said convicted licentiate to be removed from the record in the office of any prothonotary in the State, The State Board of Osteopathic Examiners may refuse, revoke or suspend the right to practice osteopathy in this State upon any or all of the following reasons, to wit: The conviction of a crime involving moral turpitude; habitual intemperance in the use of ardent spirits or stimulants, narcotics, or any other substance which impairs intellection and judgnent, to such an extent as to incapacitate the per- formance of professional duties; the violation of the practice of the principles of the system of osteopathy as defined in this act; misrepresentation; unethical conduct; misleading, fraudulent or unethical advertising, including any form of pretense which might induce citizens to become a prey to pro- fessional exploitation: Provided, however, That the fore- going shall not prevent the use of signs containing the name of any licensee, and the words "Osteopathic Physician," or any abbreviation thereof. Any person who is a licentiate under this act, or who is an applicant for examination for licensure to practice osteopathy in this State, against whom any of the foregoing charges are preferred, for causing the revocation or suspension of license or for causing the refusal of the right to be examined for licensure, shall be furnished by the State Board of Osteopathic Examiners with a copy of the complaint, and shall have a. hearing before said board, in person or by attorney, and witnesses may be exam- ined by said board respecting the guilt or innocense of said accused. The suspension of license of any licentiate under thie act shall be removed when said narcotic or vicious habit, hereinbefore specified, shall have been adjudged by the proper authorities to be cured or overcome, and said suspended licentiate deemed again capable of practicing the healing art. (Section 14, Act of May 19, 1909, P.L, 46, as last amended by Section 1, Act of May 18, 1945, P.L. 659. XIV. LICENSES; COMPROMISE OF PROSECUTIONS. - Be it enacted, etc., That whenever any act of Assembly relating to the licensing or registration of persons engaged in pro- fessions, trades, and occupations in the Department of Public Instruction, or any board therein, is violated and prosecu- tion therefor is brought by the Department of Public Instruc- tion, such department is authorized and empowered, with the approval of the Department of the Auditor General and the Department of Justice, to compound, compromise, and settle, without further proceedings, any such prosecution before any justice of the peace, magistrate, or alderman before whom the said prosecution is being brought, upon the payment by each defendant of the minimum fine or penalty and costs pro- vided for in the respective acts. (Section 1, Act of July 1, 1937, P. L, 2667.) Authorized to compound, compromise and settle prose- cutions Upon payment of minimum fine or penalty and costs