Page:United States Statutes at Large Volume 45 Part 1.djvu/1390

 SEVENTIETH C ONGRESS. SESS. II. CH. 352. 1929. 1339 the District of Columbia, or by the major and superintendent of police of this District ; but no such proceeding shall be entertained in advance of the conviction of the person sought to be enjoined, of violation of the provisions of this Act. In any such proceeding it shall not be necessary to show that any person is individually injured Issued only after final by the act or acts complained of. No injunction, either temporary or judgment on merits of permanent, shall be granted until after final trial and final judgment the case. on the merits of the case, nor until after a hearing is had on the peti- tion. If on the trial it is shown that the respondent has been unlaw- f ully pra ctic ing the heal ing art the cour t sh all perp etua lly enjo in him from so practicing or continuing to practice, unless and until he has been duly licensed so to do. Procedure in such cases shall be P roced ure . the same as in any other injunction suit, as nearly as may be. The Remedy additional remedy by injunction given hereby is in addition o crimial prose- ton,criminall prosecu- cution and punishment based thereon, and not in lieu thereof. Such ca ses sh all be advance d for trial o n the d ocket of the trial c ourt, and shall be advanced and tried in the appellate court, in the same manner and under the same law and regulations as apply to other suits for injunction. SEC. 42 . The provisions of this Act forbidding the practice of the not License recik appl cable . em ents heali ng art withou t a license sh all not apply (a) to commi ssioned Government sur - surgeons of the United States Army, Navy, or Public Health Serv- geons, etc. ice, or to medical officers in any other branch of the Federal Govern- ment whatsoever, in the discharge of their official duties ; nor (b) to 8tP actittitoners1. under pra ctitio ners of the he aling art dul y licen sed to practi ce thei r resp ec- coming in consultation . tive callings in States or Territories, or in jurisdictions under the control of the Federal Government, or in foreign countries, and actually called from such States, Territories, jurisdictions, or coun- tries, in consultation, to visit specified patients in the District of Columbia or to give demonstrations or clinics under the auspices and for the members of an incorporated organization made up of licensed practitioners of the healing art in the District of Columbia ; nor (c) to practitioners licensed to practice their respective callings O utsid e pr actit ioner s visiting specified Dis. in States and Territories, and in other jurisdictions forming a part of trietpatientst the United States, or in foreign countries, and called from such States, Territories, jurisdictions, or countries to visit, on their own behalf and not in consultation, specified patients in the District of Columbia : Provided, That all practitioners claiming exemption Ev Proviso idence of right to tin der th e provi sions o f this sectio n, exce pt tho se call ed into the D is- exemption to be sled. trict of Columbia on consultations only, shall file with the commis- sion, in such mann er as the comm ission may pr escribe, evid ence of Registry and certifi their right to such exemption. Upon proof of that right, to the sate. satisfaction of the commission, the commission shall enter the name of the applicant in a register kept for that purpose and shall issue to the app lica nt a cer tifi cate in evid ence of such reg istr atio n. SEC. 43. The provisions of this Act shall not be construed to apply Tr eatments ex empt y from provisions of Act, to (a) the treatment of any case of actual emergency ; or (b) to the practice of massage, or dietetics, or the use of hygienic measures, for the relief of disease or to the practice of any other form of physio- therapy for the relief of disease, or to the practice of X-ray or labora- tory technicians, under the direction of a person licensed to practice the healing art in the District of Columbia : Provided, That clinical Laboratories of cly- and radiographic laboratories in operation and practitioners of stertory practitioners. clyst ertory treatm ent, within th e District of Columbia Jan uary 1, 1928, may continue to so operate under the provisions of this Act (c) to the use of ordinary hygienic, dietetic, or domestic remedies : use of domestic rem- Provided . That such use is not in vio lation of the provisions of sdcondition. sections 1 and 2 of this Act ; or (d) to perso ns tre ating human Use of prayer, etc. ailments by prayer or spiritual means, as an exercise or enjoyment of 54835"-29-PT 1- 88
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