as other expenses incurred by such municipality are audited and paid. The local boards of health or other health authorities may, in their discretion, provide for the payment of additional compensation to health officers performing such viccination." (Amended by L. 1915, ch. 133.) § 311. Vaccination how made; reports. 1. No person shall perform vaccination for the prevention of smallpox who is not a regularly licensed physician under the laws of the state. Vaccination shall be preformed in such manner only as shall be prescribed by the state commissioner of health. 2. No physician shall use vaccine virus for the prevention of smallpox unless such vaccine virus is produced under license issued by the secretary of the treasury of the United States and is accompanied by a certificate of approval by the state commissioner of health, and such vaccine virus shall then be used only within the period of time specified in such approval. 3. Every physician performing a vaccination shall within ten days make a report to the state commissioner of health upon a form furnished by such commissioner setting forth the full name and age of the person vaccinated and, if such person is a minor, the name and address of his parents, the date of vaccination, the date of previous voccination if possible, the name of the maker of the vaccine virus and the lot or batch number of such vaccine virus. (Amended by L. 1915, ch. 133.) State Sanitary Code. (Chapter 2, Reg. 31.) Provision for free vaccination. It shall be the duty of the board of health of every municipality to provide at public expense, free vaccination for all persons in need of the same. New York City Code of Ordinances. § 199. Vaccination; duties of parents, guardians and others. Every person being the parent or guardian, or having the care, custody or control of any minor, or other individual, shall (to the extent of any means, power and authority of said authority of said parent, guardian or other person that could properly be used or exerted for such purpose) cause such minor or individual to be so promptly, frequently and effectively vaccinated that such minor or individual shall not take, or be liable to take the smallpox. (S. C., § 147.) * So in original. IV. MIDWIVES. Public Health Law. (L. 1909, ch. 49.) The licensing and Registration of Midwives. Section 175. Necessity of registration and license. 178. Application and qualifications. 179. Duration of license. 180. Rules and regulations. 181. Revocation of license. 182. Failure to observe rules and regulations. 183. Practices forbidden. 184. Reports. 185. Licenses now existing. 186. Renewal of licenses. 187. Authority of deputy commissioner of health. § 175. Necessity of registration and license. On and after the date of the passage of this act, no person other than a duly licensed and registered physician, shall practice midwifery or use the name or title of midwife unless such person shall be duly registered as a midwife with the local registrar of vital statistics, pursuant to the provisions of section three hundred and eightyfive of the public health law, as amended by chapter six hundred and nineteen of the laws of nineteen hundred and thirteen, and unless such person shall have received a license to practice midwifery from the state commissioner of health. (Added by L. 1922, ch. 501.) § 176. Licensed midwives only entitled to register. On and after the date when this act shall take effect, no person not duly licensed as a midwife shall be registered as a midwife by any registrar of vital statistics. (Added by L. 1922, ch. 501.) § 177. Place of registration of midwives. On and after the date when this act shall take effect, every licensed midwife shall register her name and address with the registrar of vital statistics of the district wherein she resides and of each district wherein she engages in the practice of midwifery, within ten days after the issuance of such license and after any change in her address. (Added by L. 1922, ch. 501.) § 178. Application and qualifications. On and after the date when this act shall take effect, no license to practice midwifery shall be issued unless written application therefor, sworn to by the applicant, has been made in the form prescribed by the state commissioner of health to the state commissioner of health. Every applicant for a license to practice midwifery as hereinbefore provided must possess the following qualifications: (a) Be not less than twenty-one years of age; (b) Be able to read and write; provided that in cases of persons of foreign birth who have extended experience or in other exceptional circumstances this requirement may be waived by the state commissioner of health; (c) Be clean and constantly show evidence, in general appearance and in their homes, of habits of cleanliness; (d) Either (1) Possess a diploma from a school for midwives recognized by the state commissioner of health; or (2) Have attended, under the instruction of a duly licensed and registered physician, not less than fifteen cases of labor and have had the care of at least fifteen mothers and newborn infants during lying-in periods of at least ten days each, and shall present a written statement from said physician or physicians that she has received such instruction in said fifteen cases, with the name, date and address of each case, and that she is reasonably skillful and competent, and establishing the fact that she is reasonably skillful and competent, to the satisfaction of the state commissioner of health, or (3) Present other evidence satisfactory to the state commissioner of health of her qualifications, and (e) Present evidence satisfactory to the state commissioner of health of good moral character, in such form as the state commissioner of health by rule or regulation may prescribe. (Added by L. 1922, ch. 501.) § 179. Duration of license. Unless revoked every license to practice midwifery issued by the state commissioner of health shall permit the holder thereof to practice midwifery only during the current calendar year in which such license is issued, the term of said calendar year being from January first in any one year to December thirty-first next succeeding. (Added by L. 1922, ch. 501.) § 180. Rules and regulations. The state commissioner of health is hereby authorized and empowered to make such rules and regulations as the state commissioner of health may deem necessary and proper for the supervision and regulation of the practice of midwifery within the state of New York. (Added by L. 1922, ch. 501.) $181. Revocation of license. The state commissioner of health or his deputy may revoke the license to practice midwifery issued pursuant to the provisions of this article, for cause, after having given the midwife whose license is sought to be revoked, an opportunity to be heard. (Added by L. 1922, ch. 501.) § 182. Failure to observe rules and regulations. All midwives to whom licenses shall be issued pursuant to the provisions of this article, shall conform to all rules and regulations of the state commissioner of health, the provisions of the sanitary code enacted by the public health council, the provisions of the public health law of the state of New York, the rules and regulations of any local board of health, and all lawful orders and directions of the state department of health or any local board of health, or local health officer, and any violation on the part of any midwife of any of the rules and regulations of the state commissioner of health, the sanitary code as adopted by the public health council, the provisions of the public health law or the rules and regulations of any local board of health, or the disobedience of any lawful order of the state department of health or any local department of health or local health officer, shall be sufficient cause for the revocation of any license issued to a midwife and shall also be a sufficient cause for the withholding of any license to practice midwifery from any midwife so offending in any manner as aforesaid by the state commissioner of health. (Added by L. 1922, ch. 501.) § 183. Practices forbidden. A duly licensed and registered midwife may practice midwifery in cases of normal labor and in no others. No midwife shall in any case of labor use instruments of any kind nor assist labor by any artificial, forcible or mechanical means, nor perform version nor attempt to remove adherent placentae nor administer, prescribe, advise or employ any poisonous or dangerous drug, herb or medicine nor attempt the treatment of disease except where the attendance of a physician cannot be speedily secured, and, in such cases, the midwife shall secure the attendance of a physician as soon as possible, (Added by L. 1922, ch. 501.) § 184. Reports. The state commissioner of health is authorized to require of all local health officers a report as to the conduct of the several midwives who may be practicing within the jurisdiction of a local health officer, and it shall be the duty of such local health officers to report truthfully any and all matters pertaining to the conduct of any licensed and registered midwife practicing as such in the jurisdiction of any local health officer. All reports of such local health officers respecting the conduct of such midwives, and all reports of any employees of the state department of health relating to the conduct and deportment of midwives so licensed as provided for in this article, made in the course of and as part of the official duties of such employees of the state department of health, shall be deemed prima facie evidence of the facts detailed in said report, and further be deemed sufficient to justify the action of the state commissioner of health in refusing to issue any license to an applicant therefor, where the information as detailed in such reports of any local health officer or the reports of any employee of the state department of health respecting the conduct of any midwife in his judgment justifies the withholding of such a license. to such an applicant. (Added by L. 1922, ch. 501.) § 185. Licenses now existing. The state commissioner of health may, by rule or regulation, provide that all licenses issued to midwives for the calendar year nineteen hundred and twentytwo under prior rules or regulations of the state commissioner of health or the public health council, may remain in force and effect until the end of the calendar year nineteen hundred and twentytwo, whereupon all licenses to practice midwifery for the calendar year nineteen hundred and twenty-two shall be issued pursuant to the provisions contained in this article. (Added by L. 1922, ch. 501.) § 186. Renewal of licenses. Each application to renew a license to practice midwifery as heretofore provided, shall be deemed as a new application and shall be supported by the proof of all the qualifications required of midwives as hereinbefore set forth in this article, or as may be required by any rules and regulations of the state commissioner of health, adopted and promulgated pursuant to the provisions of this article, provided, however, that the state commissioner of health may, in cases where his information with respect to the conduct of midwives satisfies the commissioner of health that a person holding a license is properly qualified and has conformed to the provisions of the public health law, the public health council and the rules and regulations of the state department of health in the practice of midwifery, issue a new license to such person upon an application therefor, without demanding proof of all of the qualifications in this article prescribed or which may be prescribed by the rules and regulations of the state commissioner of health. (Added by L. 1922, ch. 501.) § 187. Authority of deputy commissioner of health. All the power and authority conferred upon the state commissioner of health, pursuant to the provisions of this article with respect to the licensing and registration of midwives, may be exercised by the deputy commissioner of health. (Added by L. 1922, ch. 501.) § 188. Scope of article. Every regulation in this chapter, unless otherwise specifically stated, shall take effect throughout the state of New York, except in the cities of New York and Rochester. (Added by L. 1922, ch. 501.) Sanitary Code. (Chapter 4.) Regulations for licensing midwives and more specifically stated. qualifications for midwives are prescribed by the provisions of the above chapter. The state commissioner of health has established special rules and regulations to govern the practice of midwifery, which may be procured upon application to the state department of health. New York City. (L. 1907, ch. 432.) An act regulating and restraining the practice of midwifery in the city of New York. Section 1. The department of health of the city of New York is hereby vested with power and authority to adopt rules and |