22 (e) Being a local registrar deputy registrar or subregistrar, 23 shall fail, neglect, or refuse to perform his duty as required by 24 this act and by the instructions and directions of the state regis25 trar thereunder, shall be deemed guilty of a misdemeanor and 26 upon conviction thereof shall be fined not less than one 27 nor more than five dollars. Justices of peace shall have concur28 rent jurisdiction to try and determine all offenses arising under 29 this act. Sec. 24. That each local registrar is hereby charged with 2 the strict and thorough enforcement of the provision of this act 3 in his registration district, under the supervision and direction. 4 of the state registrar. And he shall make an immediate report 5 to the state registrar of any violation of this law coming to his 6 knowledge, by observation or upon complaint of any person, or 7 otherwise. S The state registrar is hereby charged with the thorough and 9 efficient execution of the provisions of this act in every part of 10 the state, and is hereby granted supervisory power over local 11 registrars, deputy local registrars, and subregistrars, to the end 12 that all of its requirements shall be uniformly complied with. 13 The state registrar, either personally or by an accredited repre14 sentative, shall have authority to investigate cases of irregularity 15 or violation of law and all registrars shall aid him, upon request, 16 in such investigations. When he shall deem it necessary, he shall 17 report cases of violation of any of the provisions of this act 18 to the prosecuting attorney of the county, with a statement of 19 the facts and circumstances; and when any such case is reported 20 to him by the state registrar, the prosecuting attorney shall forth21 with initiate and promptly follow up the necessary court pro22 ceedings against the person or corporation responsible for the 23 alleged violation of law. CHAPTER 138 (Senate Bill No. 71-Mr. York.) AN ACT declaring certain diseases to be venereal, and as such that they are infectious, contagious, communicable, and dangerous to the public health; declaring certain practices as being prolific sources of such diseases; providing for the establishment of clinics for the treatment of such diseases and for the estab lishment of places of detention for persons infected with such diseases, or suspected of being so infected; providing for the examination and treatment of persons infected and for the reporting of all such diseases by physicians and other parties; prohibiting the sale of certain remedies by druggists and others, and providing penalties for violations of the provisions of this act. [Passed April 28, 1921. In effect ninety days from passage. Approved by the Governor May 3, 1921.] 14. When local health officer may issue his warrant for person infected with venereal disease. Proceedings upon warrant; form 15. 3. 16. 17. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Health officer may establish medical clinics and places of detention. Prima facie grounds for suspecting infection with venereal disease. Person convicted of sex-immorality not released from custody until examination as to venereal infection is made; expense of detention. Duty of physician diagnosing or treating venereal disease to make reports; same as to superinten-. dents of hospital, etc.; what report to show; filing and inspection of. Failure to make, or making of false report, penalty for; second conviction grounds for revoking license false statement by person infected, penalty for. By whom blanks for reports furnished fee for reports. Person infected venerally to have and follow advice and treatment of physician treating him: penalty for violation; on failure to return for treatment, physician to report; duty of health officer when report received. Minor venereally infected; parents. guardian or judge of juvenile court to be notified power of health officer when parents fail to control minor. When conduct of one venereally infected exposes others to infection local health officer to be notified duty of health officer, upon notice. Duty of health officer, when person venereally infected is not under treatment. When hotel, etc., source of infection, duty of health officer: if place reported reputed to be place of prostitution, arrest of proprietor and inmates. 18. 19. 20. 21. 22. of. Hearing upon warrant; powers of When party examined has venereal Unlawful for person with infec- Quarantine; when may be established; if no place provided, then in jail; quarantine rule. Physician treating venereal diseases to file statement showing his qualifications; penalty for failure. 23. Only licensed physicians to prescribe, recommend or sell drugs, etc., for cure of venereal diseases; prohibition as to compounding drugs, etc., by druggist or others, drug store open to inspection of health officer. Be it enacted by the Legislature of West Virginia: Section 1. Syphilis, gonorrhea, and chancroid, herein desig2 nated as venereal diseases, are hereby declared to be infectious, 3 contagious, communicable, and dangerous to the public health. 4 Prostitution is hereby declared to be a prolific source of such dis5 eases; and the repression of prostitution is hereby declared to be 6 a health measure. Sec. 2. It shall be the duty of all municipal and county 2 health officers to use every available means to ascertain the ex3 istence of, and to investigate all cases of syphilis, gonorrhea, and 4 chanchoid, coming within their respective jurisdictions, and, when 5 it is necessary, have all such cases treated, if they are not already 6 under treatment, and to ascertain the sources of such infection, 7 and to institute measures for the protection of other persons from 8 infection by such venereally infected person, or from persons rea9 sonably suspected of being so infected, and for the protection of 10 the public health at all times, and to this end said health officer, if 11 he be a municipal health officer, may designate any member of 12 the city police or health department to make any investigation 13 contemplated hereunder; and if a county health officer he may 14 designate any discreet person to do so, and while such persons are 15 conducting such investigations they shall have all authority nec16 essary for the purpose, the same as the health officer himself. Sec. 3. In order to carry out the provisions of the last section, 2 any health officer may, if he be municipal health officer, with the 3 consent of the municipal council or other body having proper au4 thority; or if he be a county health officer, with the consent of the 5 county commissioners or other tribunal, establish either inde6 pendently or in co-operation with other agencies, one or more 7 medical clinics within their respective jurisdictions, and may also 8 with like consent, establish or provide one or more places for de9 tention and quarantine of such persons as may come within the 10 purview of this act. Sec. 4. The following shall be prima facie grounds and rea2 sons for suspecting that such persons are infected with a venereal 3 disease, that is with syphilis, gonorrhea, and chancroid: 77 4 (a) Being a common prostitute, that is, a person commonly 5 reputed in the neighborhood where they live, as practicing promis6 cuous sexual intercourse, whether such person be male or female. (b) Being a person known to be associating with prostitutes. 8 (c) Being a person that has been convicted in any court, or 9 before a police judge, or before a justice of the peace, upon any 10 charge growing out of sex-immorality, such as keeping a house of 11 ill-fame or bawdy house, or loitering in any such house, or of 12 street-walking, fornication or adultery. 13 (d) Being a person heretofore arraigned upon any charge as 14 set out in last sub-section, where the evidence does not justify a 15 conviction but does raise the inference that such person is infected 16 with a venereal disease. 17 (e) Being a person heretofore reported by a physician as in18 fected with a venereal disease, where such person is afterwards 19 reported as having failed to return for treatment. 20 (f) Being a person designated in a venereal disease report as 21 the source of such infection of the person reported. Sec. 5. When any person has been tried and convicted in any 2 police court, or in any criminal or circuit court, or before a jus? tice of the peace, upon any charge or offense growing out of sex4 immorality, such as has been set out in the last preceding section, 5 said person shall not be released from custody by the judge, justice, 6 or police officer trying the case until the local health officer hav7 ing proper jurisdiction has been notified and has had time to make 8 all necessary tests and examinations to ascertain whether in fact such person be infected with a veneral disease, and all necessary 10 expenses for holding such person in custody pending examination 11 and treatment, if needed, shall be a proper charge against the mu12 nicipality, if the offense was committed within it, or against the 13 county in which the offense was committed, if committed outside. 14 of a municipality; and every municipality whether it be a county 15 seat or not shall be liable under this section. Sec. 6. It shall be the duty of every practicing physician or 2 other person who makes a diagnosis in, or treats a case of syphilis, 3 gonorrhea or chancroid, if the party for whom the diagnosis was 4 made or case, treated lives within any municipality having a health 5 officer, and if not then otherwise, to make two reports of the case, 6 as follows: One report shall be made to the local municipal 7 health officer, or if outside then to the county health officer where 8 the person lives that had had a case diagnosed or started taking 9 treatment; the second report shall be made to the director of bu10 reau of venereal diseases, of the state. And every superintendent 11 or manager of a hospital, dispensary, or charitable or penal in12 stitution in which there is a case of venereal disease shall report 13 the same under like conditions. 14 Said reports as above required shall be made by number and ad15 dress of the person reported, the age, sex, color, marital state, the 16 occupation of the diseased person, the date of the onset of the dis 17 ease, the source of infection, and whether said disease is in an 18 infectious stage, and whether or not the person reported is at the time of making report engaged in any occupation forbidden 20 under this act, and to be hereafter mentioned. Said reports so 21 required, when made out shall be mailed or handed to the par22 ties to whom they are directed to be made within forty-eight hours 23 after a diagnosis is made or treatment started; and the municipal. 24 health officer or county health officer as the case may be shall file 25 and preserve said reports, and they shall be open to inspection by 20 the director of the bureau of venereal disease of the state, or to 27 any proper person an employee of said bureau whose duties may 28 be connected with the enforcement of laws against venereal dis29 eases, and to any member of the state health council, and to mem30 bers of the local health officers, or officers whose duties are con31 nected with executing the laws against these diseases. Sec. 7. Any physician or other person required to make re2 ports of a venereal disease hereunder, or who is required to report 3 the failure of any patient to return for further treatment, who 4 fails or refuses to make any such reports, or who knowingly re5 ports a person under a false or fictitious name or address, or who 6 makes any other statements on any report which he has reason to believe are untrue, shall be guilty of a misdemeanor, and shall 8 be punished as hereinafter provided; and each report that should have been made, and each name that should have been given, and 10 each address that should have been given, or have been wrongfully 11 reported or given, shall be a separate offense; and a second con12 viction of a physician for failure to comply with any provisions 13 of this section shall be sufficient grounds and reasons for the state 14 health council to revoke the license of any practicing physician 15 coming within the purview of this act. Any person suffering 16 with a venereal disease whose name is required to be reported 17 hereunder, who gives to the physician or person required to make 18 reports herein required, a false or fictitious name or address, or 19 who shall fail or refuse to answer any proper question required 20 to be reported hereunder, or who makes any false statement in 21 answer to any such question, shall be guilty of a misdemeanor, 22 and shall be punished as hereinafter to be provided. Sec. 8. It shall be the duty of the local health officers to fur2 nish physicians or other persons that need them, report blanks 3 for the purpose of making reports that are to be made to them, and |