Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 by R. A. Witthaus et al.
5. Every person who produces to the registrar the certificate under the
12625 words | Chapter 27
corporate seal of the University of Manitoba hereinafter provided for
(_ib._, s. 29).
The registrar is required to keep his register correct, and to make
from time to time the necessary alterations in the addresses or
qualifications of the persons registered (_ib._, s. 30).
Every person registered who obtains a higher degree or other
qualification is entitled to have it inserted in the register in
substitution of or in addition to the qualification previously
registered, on the payment of such fees as the council may appoint
(_ib._, s. 34).
No qualification is entitled to be entered on the register unless the
registrar be satisfied by proper evidence that the person claiming it
is entitled thereto. Appeal lies from the registrar’s decision to the
council (_ib._, s. 35).
The registrar, if dissatisfied with the evidence adduced, may, subject
to appeal to the council, refuse registration until proper evidence is
furnished, duly attested by oath or affirmation before a judge of any
county court (_ib._, s. 36).
FRAUDULENT REGISTRATION.—Any entry proved to the satisfaction of the
council to have been fraudulently or incorrectly made may be erased
from the register by order in writing of the council (_ib._, s. 38).
If a person procures or causes to be procured his registration by false
or fraudulent representations or declarations, the registrar may,
on the receipt of sufficient evidence of the falsity or fraudulent
character, represent the matter to the council, and may on the written
order of the president, attested by the seal of the college, erase his
name from the register, and cause notice of the fact and cause to be
published in the Manitoba _Gazette_, and after such notice has appeared
such person shall cease to be a member of the College of Physicians
and Surgeons, and to enjoy any privilege enjoyed or conferred by
registration at any further time without the express sanction of the
council (_ib._, s. 39).
FORFEITURE OF RIGHTS.—Any registered medical practitioner convicted
of felony or misdemeanor before or after the passage of the act or his
registration forfeits his right to registration, and by direction of
the council his name shall be erased. If a person known to have been
convicted of felony or misdemeanor presents himself for registration,
the registrar may refuse registration. If any person registered be
judged, after due inquiry by the council, to have been guilty of
infamous or unprofessional conduct in any respect, the council may
direct the registrar to erase his name (_ib._, s. 40).
The council may, and upon the application of any three registered
medical practitioners shall, cause inquiry to be made into the case of
a person liable to have his name erased from the register, and on proof
of such conviction or such infamous or unprofessional conduct shall
cause his name to be erased; but no erasure shall be made on account of
his adopting or refraining from adopting the practice of any particular
theory of medicine or surgery, nor on account of conviction for a
political offence out of Her Majesty’s dominions, nor on account of the
conviction which ought not in the opinion of the council or committee
disqualify him from the practice of medicine or surgery (_ib._, s. 41).
The council may order to be paid, out of funds at their disposal,
such costs as to them may seem just, to any person against whom any
complaint has been made which, when fully determined, is found to have
been frivolous and vexatious (_ib._, s. 42).
An entry erased by order of the council shall not be again entered
except by order of the council or a judge or court of competent
jurisdiction (_ib._, s. 43).
If the council think fit, they may direct the registrar to restore any
entry erased, without a fee, or on payment of a fee not exceeding the
registration fee, as the council may fix (_ib._, s. 44).
The council is authorized to ascertain the facts of any case for the
exercise of its powers of erasing and restoring by committee (_ib._, s.
45).
The act provides in detail for proceedings before such committee
(_ib._, s. 46 to 50).
No action shall be brought against the council or committee for
anything done _bona fide_ under the act. Appeal from the decision to
erase lies to any judge of the court of Queen’s Bench for Manitoba,
and such judge may make such order as to restoration or confirmation
of erasure or for further inquiry, and as to costs, as to him may seem
right (_ib._, s. 51).
EVIDENCE.—In a trial under this act the burden of proof as to
registration is on the person charged (_ib._, s. 53).
The production of a certificate that the person named is duly
registered, certified under the hand of the registrar, is sufficient
evidence of registration, and his signature in the capacity of
registrar is _prima facie_ evidence that he is registrar without proof
of signature or that he is registrar (_ib._, s. 54).
The registrar is required to print and publish from time to time under
the direction of the council a correct register of the names and
residences, with medical titles, diplomas, and qualifications conferred
by any college or body, with the date thereof, of all persons appearing
on the register as existing on the day of publication (_ib._, s. 55).
The register is called “The Manitoba Medical Register;” a copy thereof
for the time being purporting to be so printed and published is _prima
facie_ evidence that the persons specified are registered (_ib._, s.
56).
In the case of any person whose name does not appear in such copy, a
certified copy under the hand of the registrar of the council of the
entry of the name of such person on the register is evidence that
such person is registered (_ib._, s. 57). The absence of the name of
any person from such copy is _prima facie_ evidence that he is not
registered (_ib._, s. 58).
PRACTITIONER’S RIGHTS.—Every person registered is entitled according
to his qualifications to practise medicine, surgery, or midwifery, or
any of them as the case may be, and to demand and recover full costs
of suit, reasonable charges for professional aid, advice, and visits,
and the cost of any medicine or other medical appliances rendered or
supplied by him to his patient (_ib._, s. 59).
NEGLECT TO REGISTER.—A person neglecting to register is not entitled
to the rights and privileges conferred, and is liable to all penalties
against unqualified or unregistered practitioners (_ib._, s. 60).
UNREGISTERED PERSONS.—It is not lawful for any person not registered
to practise medicine, surgery, or midwifery for hire, gain, or hope of
reward (_ib._, s. 61).
No person is entitled to receive any charge for medical or surgical
advice or attendance, or the performance of any operation, or for
any medicine which he may have prescribed or supplied, unless he be
registered, but this provision does not extend to the sale of any drug
or medicine by a licensed chemist or druggist (_ib._, s. 62).
No person can be appointed as a medical officer, physician, or
surgeon in the public service, or in any hospital or other charitable
institution not supported wholly by voluntary contribution, unless he
be registered (_ib._, s. 63).
No certificate required from any physician or surgeon or medical
practitioner is valid unless the signer be registered (_ib._, s. 64).
DEFINITION.—The expression “legally qualified medical practitioner,”
or any other words importing legal recognition as a medical
practitioner or member of the medical profession, in any law, is
construed to mean a person registered under this act (_ib._, s. 65).
IMMUNITIES.—A person registered under this act is exempt from jury and
inquest duty if he desire it (_ib._, s. 66).
LIMITATIONS.—No duly registered member of the College of Physicians
and Surgeons is liable in an action for negligence or malpractice by
reason of professional services requested or rendered, unless it be
commenced within one year from the termination of such service (_ib._,
s. 67).
EXAMINATIONS.—The University of Manitoba is the sole examining body
in medicine, and the council of the university may grant to any person
a certificate under the seal of the university that the council of
the university have been satisfied that the person mentioned in the
certificate is, by way of medical education and otherwise, a proper
person to be registered under this act; but such certificate shall not
be granted until the person making such application shall have given
evidence of qualification by undergoing an examination or otherwise,
as the statutes of the university require, and the applicant shall in
all other respects first comply with the rules and regulations of the
university in that behalf (_ib._, s. 68).
HOMŒOPATHISTS.—Until a homœopathic medical college for teaching
purposes is established in Manitoba, in the case of candidates wishing
to be registered as homœopathists, the full time of attendance upon
lectures and hospitals required by the university statutes may be spent
in such homœopathic medical colleges in the United States or Europe as
may be recognized by the University of Manitoba (_ib._, s. 69).
Every candidate who at the time of his examination signifies his
wish to be registered as a homœopathic practitioner shall not be
required to pass an examination in materia medica or therapeutics, or
theory or practice of physic, or in surgery or midwifery, except the
operative practical parts thereof, before any examiners other than
those homœopathic examiners who shall be appointed by the University of
Manitoba (_ib._, s. 70).
UNLAWFUL PRACTICES.—To wilfully procure or attempt to procure
registration by false or fraudulent representation or declaration, is
punishable by a penalty not exceeding $100. To knowingly aid or assist
therein, is punishable by a penalty of from $20 to $50 for each offence
(_ib._, s. 73).
Persons not registered, for hire, gain, or the hope of reward,
practising or professing to practise medicine, surgery, or midwifery,
or advertising to give advice in medicine, surgery, or midwifery, are
liable to a penalty of from $25 to $100 (_ib._, s. 74).
A person wilfully or falsely pretending to be a physician, doctor
of medicine, surgeon, or general practitioner, or assuming a title,
addition, or description other than he actually possesses and is
legally entitled to, is liable to a penalty of from $10 to $50 (_ib._,
s. 75).
For a person to assume a title calculated to lead people to infer that
he is registered, or is recognized by law as a physician, surgeon,
or accoucheur or a licentiate in medicine, surgery, or midwifery, is
punishable with a penalty of from $25 to $100 (_ib._, s. 76).
On prosecution, costs may be awarded in addition to the penalty, and
the offender may be committed to the common jail for one month, unless
the penalty and costs are sooner paid (_ib._, s. 78).
PROSECUTOR.—Any person may be prosecutor or complainant under the act
(_ib._, s. 80).
LIMITATIONS.—Prosecutions are limited to commence within six months
after the date of the offence (_ib._, s. 81).
APPEAL.—A person convicted under this act, giving notice of appeal,
must before being released give satisfactory security for the penalty
and costs of conviction and appeal (_ib._, s. 82).
STAY.—The council may stay proceedings in prosecutions (_ib._, s. 84).
FEES.—The council is authorized to determine by by-law an annual fee,
which is required to be paid by each member of the college—the fee can
be not less than $2, nor more than $5, is payable on January 1st, and
may be recovered as a debt by the college (_ib._, s. 32).
The fee for registration is subject to regulation by the council
(_ib._, s. 33).
NEW BRUNSWICK.
MEDICAL SOCIETY.—All persons registered under the act constitute the
New Brunswick Medical Society (Act 1881, c. 19, s. 2).
COUNCIL.—There is a medical council called the Council of Physicians
and Surgeons of New Brunswick, of nine legally qualified medical
practitioners, of not less than seven years’ standing; four are
nominated and appointed by the governor in council, and five by the New
Brunswick Medical Society (_ib._, s. 3, 5).
The secretary of the council is the registrar (_ib._, s. 7).
REGISTER, EVIDENCE.—The registrar is required before May 1st annually
to print and publish in the _Royal Gazette_ of the province, and such
other manner as the council shall appoint, a correct register of the
names and residences and medical titles, diplomas, and qualifications
conferred by any college or body, with the dates thereof, of all
persons appearing on the register on the 1st of January. The register
is called the Medical Register; a copy for the time being purporting to
be so printed and published, or a certificate signed by the president
of the council, and attested by the registrar with the corporate seal
of the council, is _prima facie_ evidence that the persons therein
specified are registered and qualified; the absence of a name from such
copy or the want of such certificate is _prima facie_ evidence that
such person is not registered. If a name does not appear on the copy, a
certified copy, under the hand of the registrar of the council, of the
entry of a name on the register is evidence of registration (_ib._, s.
8).
ENTRANCE UPON STUDY.—A person beginning or entering on the study
of physic, surgery, or midwifery, for the purpose of qualifying to
practise in the province, must have obtained from the council a
certificate that he has satisfactorily passed a matriculation or
preliminary examination in the subjects enumerated in the act, unless
he has passed a matriculation examination for the medical course in
arts and science at some college in Great Britain, Ireland, Canada, the
United States of America, or the Continent of Europe (_ib._, s. 10).
The act prescribes formalities for admission to such preliminary
examination (_ib._, s. 10).
QUALIFICATION.—Subject to the exceptions hereinafter, no person
can lawfully practise physic, surgery, or midwifery unless he be
registered, or unless he shall have received from the council a license
to practise (_ib._, s. 11).
No person is entitled to registration or license unless he shall
satisfy the council that he has passed a matriculation or preliminary
examination; that after passing such examination he has followed his
studies for not less than four years, one of which may be under the
direction of one or more general practitioners duly licensed; that
during such four years he has attended at some university, college,
or incorporated school of medicine in good standing, courses of
lectures amounting together to not less than twelve months on general
anatomy, on practical anatomy, on surgery, on practice of medicine,
on midwifery, on chemistry, on materia medica and pharmacy, and on
the institutes of medicine or physic, and one three-months’ course
of medical jurisprudence; that he has attended the general practice
of an hospital in which are not less than fifty beds under the charge
of not less than two physicians or surgeons, for not less than one
year or two periods of not less than six months each; that he has
also attended two three-months’ courses or one six-months’ course of
clinical medicine, the same of clinical surgery; that he has, after an
examination in the subjects of the course, obtained a degree or diploma
from such university, college, or incorporated medical school if such
institution require a four-years’ course for its diploma, or for the
want of such degree or diploma that he has satisfactorily passed an
examination in the various branches hereinbefore specified before the
examiners appointed by the council; that he is not less than twenty-one
years of age; that he has paid to the registrar of the council a fee
of ten dollars. The council has power, subject to the approval of
the governor in council, to make alterations as may be required in
the foregoing curriculum. If any person apply for registration as a
practitioner of any system of medicine, the registered practitioners of
that system have the right to appoint an examiner or examiners on the
subjects peculiar to that system, viz., materia medica, pharmacy, and
therapeutics, and if they neglect so to do the council has the power to
appoint such examiner or examiners (_ib._, s. 12).
The last preceding section does not apply to persons in actual practice
entitled to register under sec. 38. Any person producing to the council
conclusive evidence that he has passed a matriculation or a preliminary
examination, as required by this act for persons beginning medical
studies in New Brunswick, that he has before graduating or taking a
diploma studied at least four years as provided in sec. 12, or pursued
what the council deem an equivalent course of study and has passed a
final examination in the subjects of such course, or, for the want of
such requirement, shall have fulfilled such conditions as the council
may determine, and shall pay a fee of ten dollars, shall be entitled to
registration and to receive a license to practise (_ib._, s. 13).
The act makes special provision for residents of the province who began
study before January 1st, 1881 (_ib._, s. 14, as amended 1882, c. 30,
s. 1).
DUTIES OF COUNCIL.—The council is empowered and required to regulate
the study of medicine, surgery, and midwifery, with regard to
preliminary qualifications, course of study, final examination, and the
evidence to be produced before the council; to appoint a registration
committee; to examine all degrees, diplomas, licenses, and other
credentials presented or given in evidence under the act to enable the
owner to practise in New Brunswick, and to oblige the owner to attest
on oath or affirmation that he is the person whose name is mentioned
therein, and that he became possessed thereof properly and honestly;
to cause every member of the profession practising in New Brunswick to
register his name, age, place of residence, place of nativity, date
of license or diploma, and the place where he obtained it; to appoint
medical examiners, who may be members of the council, to hold final
examinations, who shall be regularly qualified practitioners of not
less than five years’ professional standing and three years’ residence
in the province (_ib._, s. 15, as amended 1882, c. 30, s. 2, 3).
CORRECTION OF REGISTER.—The registrar is required to erase the names
of all registered persons who shall have died, left the province
without the intention of returning, or ceased to practise for five
years; and from time to time to make the necessary alterations in the
addresses or qualifications of registered persons. Any name erased
shall be restored by the order of the council on sufficient cause duly
shown (_ib._, s. 18).
NEGLECT TO REGISTER.—Persons entitled to registration, neglecting or
omitting to register, are not entitled to any rights or privileges
conferred by the act (_ib._, s. 19).
SYSTEM OF PRACTICE.—No person otherwise qualified shall be refused
registration or license on account of the adoption or the refusal to
adopt the practice of any particular theory of medicine or surgery.
In case of refusal the aggrieved party may appeal to the governor in
council, who is required, on due cause shown, to issue an order to the
council to register his name and grant him a license to practise, and
thereupon the council shall forthwith register his name and grant him a
license to practise (_ib._, s. 20).
EVIDENCE OF QUALIFICATION, FRAUDULENT REGISTRATION.—No qualification
can be entered unless the registrar be satisfied by proper evidence
that the person claiming it is entitled to it. An appeal may be made
from the registrar’s decision to the council. Any entry proved to the
satisfaction of the council to have been fraudulently or incorrectly
made may be erased by the order in writing of the council, and the name
of such person fraudulently registering, or attempting to register,
may, at the discretion of the council, be published in the next issue
of the _Royal Gazette_ (_ib._, s. 21).
FORFEITURE OF RIGHT.—A registered medical practitioner convicted of
felony, or after due inquiry judged by the council to have been guilty
of infamous conduct in any professional respect thereby, subject to
appeal to the governor in council, forfeits his right to registration,
and by the direction of the council his name shall be erased from the
register (_ib._, s. 22).
The time and place of inquiry under the preceding section must be fixed
by the council, and at least fourteen days’ notice given to the party
against whom inquiry is ordered (Act 1886, c. 82, s. 6).
The Act of 1886, c. 82, regulates the procedure on such inquiry.
ADDITIONAL QUALIFICATIONS.—Every person registered who may obtain a
higher degree or other qualification is entitled to have it registered
in substitution for, or in addition to, the qualifications previously
registered, on the payment of such fee as the council may demand (Act
1881, c. 19, s. 23).
PRACTITIONER’S RIGHTS.—Every person registered under the act is
entitled according to his qualifications to practise medicine, surgery,
midwifery, or dentistry, or either or any of them as the case may
be, and to demand and recover reasonable and customary charges for
professional aid, advice, and visits, and the cost of any medicine or
other medical or surgical appliances rendered or supplied by him to his
patients (_ib._, s. 24).
No person is entitled to recover any such charge unless he shall prove
upon the trial that he is registered under this act (_ib._, s. 25).
DEFINITION.—The words “legally qualified medical practitioner,” or
“duly qualified medical practitioner,” or other words implying that a
person is recognized by law as a medical practitioner or member of the
medical profession, when used in a legislative act or a legal or public
document mean a person registered under this act (_ib._, s. 26).
UNREGISTERED PERSONS.—No person shall be appointed a medical officer,
physician, or surgeon in the public service or in any hospital or other
charitable institution unless registered (_ib._, s. 27).
No certificate required from any physician or surgeon or medical
practitioner is valid unless the signer be duly registered (_ib._, s.
28).
A person not registered or licensed, and not actually employed as
a physician or surgeon in Her Majesty’s naval or military service,
practising physic, surgery, or midwifery for hire, gain, or hope of
reward, forfeits twenty dollars for each day of such practice (_ib._,
s. 29).
The sum forfeited is recoverable with costs. The procedure in reference
to all penalties is regulated by Act of 1886, c. 82.
Persons liable as provided in secs. 29 and 30 are not entitled to or
subject to the provisions of any act for the relief of debtors (Act
1882, c. 30, s. 4).
On the trial of such cause, the burden of proof as to license or right
to practise is upon the defendant (Act 1881, c. 19, s. 31; Act 1886, c.
82, s. 3).
FRAUDULENT REGISTRATION.—Wilfully procuring or attempting to procure
registration by making or producing, or causing to be made or produced,
a false or fraudulent representation or declaration, or aiding or
assisting therein, is punishable with a forfeiture of not less than
$100 (Act 1881, c. 19, s. 33).
Wilfully or falsely pretending to be or using any name or description
implying registration is punishable with a forfeiture of from $50 to
$100 (_ib._, s. 34).
LIMITATIONS.—No prosecution can be commenced under the act after one
year from the date of the offence (Act 1886, c. 82, s. 4).
EXCEPTIONS.—The act does not prevent persons from giving the necessary
medical or surgical aid or attendance to any one in urgent need of
it, provided it be without gain, and the giving of it be not made a
business or way of gaining a livelihood; nor does it prevent any woman
from giving the necessary aid in cases of confinement as heretofore
accustomed (Act 1881, c. 19, s. 36).
EXAMINATION.—All persons who subsequent to the passage of the act
pass the examination prescribed by the council of physicians and
surgeons, or presenting approved credentials, certificates, or diplomas
equivalent to such examination, are entitled to register and receive a
license to practise (_ib._, s. 38).
PHYSICIANS IN ARMY OR NAVY.—A person while employed in actual service
in Her Majesty’s naval or military service as a physician or surgeon,
may practise physic, surgery, or midwifery with registry or license
(_ib._, s. 39).
NON-RESIDENTS.—Non-resident registered practitioners of medicine
residing in the State of Maine or in the Province of Quebec or Nova
Scotia near the boundary line of this province whose regular practice
extends into any town, parish, or county in New Brunswick may register
under the act (_ib._, s. 44).
No other non-resident practitioner of medicine is entitled to register
(Act 1884, c. 17, s. 1).
EXCEPTIONS.—The act does not extend to clairvoyant physicians
practising at the time of its passage in the province, nor to midwives
(Act 1881, c. 19, s. 45).
STUDENTS.—The act establishes a uniform standard of matriculation or
preliminary examinations (_ib._, Sched. B).
OATHS.—Any oath or affidavit required by the medical act may be taken
before any justice of the peace or person by law authorized to take any
oath or affidavit (Act 1882, c. 30, s. 6).
FEES.—To the registrar, for registration under secs. 12 and 13, $10
(Act 1881, c. 19, s. 12 and 13).
To the registrar, for the registration of an additional qualification,
such fee as the council may demand (Act 1881, c. 19, s. 23).
To the registrar, or his deputy, annual fee from each practitioner, to
be fixed by the council, not more than $2 nor less than $1 (Act 1882,
c. 30, s. 5).
Each registered medical practitioner must, if required by the council,
pay to the registrar, or a person deputed by him, an annual fee
determined by the council, not less than $1 nor more than $2, payable
January 1st each year, and recoverable as a debt with costs in the name
of the council (Act 1882, c. 30, s. 5).
If any practitioner omit to pay the registration fee before the
registrar causes the register to be printed in the _Royal Gazette_, the
registrar shall not cause the name of such practitioner to be printed,
and he shall thereupon cease to be deemed a registered practitioner;
but afterward, on paying such fee, he shall be entitled to all his
rights and privileges as a registered practitioner from the time of
payment (Act 1884, c. 17, s. 2).
NEWFOUNDLAND.
MEDICAL BOARD.—There is a board composed of seven regularly qualified
medical practitioners of not less than five years’ standing, appointed
as provided in the act, and known as the “Newfoundland Medical Board,”
whose duties relate, among other things, to the making and enforcing of
measures necessary for the regulation and the practice of medicine (Act
1893, c. 12, s. 2, 3, 19).
The board is authorized to appoint examiners and fix times of
examinations (_ib._, s. 5).
The secretary of the board is the registrar (_ib._, s. 7).
REGISTER, EVIDENCE.—It is the duty of the registrar on or before
January 1st in each year to cause to be published in the _Royal
Gazette_ of Newfoundland a list of the names of all persons appearing
on the register at that date, with their places of residence, titles,
diplomas, and qualifications as conferred by any college or body, with
the date (_ib._, s. 8).
Such register is called the Medical Register, and a copy thereof
is _prima facie_ evidence that the persons therein specified are
registered according to the act; and the absence of a name therefrom is
_prima facie_ evidence that such person is not so registered (_ib._, s.
9).
QUALIFICATION.—The members of the board form a body of medical
examiners of diplomas and degrees, whose certificate shall be the only
license permitting the practice of medicine, surgery, or midwifery,
except as hereinafter provided, provided the applicant for such license
shall previously have obtained a medical diploma from a recognized
college or university, or as hereinafter provided (_ib._, s. 10.)
Every person is entitled to have his name entered on the register
on satisfying the board that he holds a degree or diploma from some
regular university or school of medicine in good standing, and he shall
then receive from the board a license bearing its seal, on the payment
to the registrar of $5, and shall have his name entered on the register
(_ib._, s. 11).
No such licensed practitioner shall be entitled to practise in any year
without taking out from the board, before the 1st of January in every
year, a certificate of practice for which he shall pay $1 (_ib._, s.
12).
STUDENTS.—The act provides the requirements for entering on the study
of medicine, surgery, or midwifery in the colony (_ib._, s. 13, 14, 17).
DUTIES OF BOARD.—The board is required to examine all degrees and
other credentials produced or given in evidence under the act for
the purpose of enabling the owners to practise, and, if it be deemed
necessary, to oblige the owner to attest on oath or affidavit that he
is the person whose name is mentioned therein, and that he has become
possessed of the same by lawful means (_ib._, s. 16).
The board is required to cause every member of the profession
practising in Newfoundland to enter his name, age, place of residence,
date of license or diploma and where it was obtained, on the register
(_ib._, s. 18).
NEGLECT TO REGISTER.—A person entitled to be registered, who neglects
or omits to apply, is not entitled to any of the rights or privileges
conferred by the act so long as the neglect or omission continues
(_ib._, s. 25).
ADDITIONAL QUALIFICATION.—A person registered who obtains a higher
degree or diploma is entitled to have it inserted in the register in
addition to or in substitution for those previously registered (_ib._,
s. 26).
RIGHTS OF REGISTERED PERSONS.—A person properly registered under the
act is entitled to practise medicine, surgery, and midwifery in any
part of the colony, and to demand and recover reasonable charges for
professional aid or advice with the cost of medicine or other medical
and surgical appliance supplied by him (_ib._, s. 27).
UNREGISTERED PERSONS.—No person whose name is not registered under the
act is entitled to recover any fees for any medical or surgical advice,
or for any services whatsoever rendered in the capacity of a medical
man, nor to recover the payment of charges for any medicine or medical
or surgical appliance which may have been both prescribed and supplied
by him. This clause is not intended to interfere with the practice of
midwifery by competent females as hereinafter provided (_ib._, s. 28).
OFFENCES AND PENALTIES.—Except as hereinafter provided, if a person
not registered or licensed under the act practises medicine, surgery,
or midwifery for hire, gain, help [_sic_] or reward, or wilfully and
falsely pretends to be a physician, doctor of medicine, surgeon, or
general practitioner, or takes or uses any name, title, addition [or]
description, implying or calculating [_sic_] to deceive or lead the
public to infer that he is registered under this act, or who proposes
by public advertisement, card, circular, or otherwise, to practise
medicine, surgery, or midwifery, or give advice therein, or in anywise
lead people to infer that he is qualified to practise medicine,
surgery, or midwifery, he shall forfeit $20 for each day that he so
practises or leads people to infer that he is a practitioner, or shall
suffer imprisonment not exceeding twelve months (_ib._, s. 29).
Persons violating the above regulations are subject to the penalties of
the act, and in all cases the burden of proof as to qualification is
upon the defendant or practitioner (_ib._, s. 30).
EXPULSION OF MEMBER.—The Newfoundland Medical Board may try and expel
any member of the profession for acts of malpractice, misconduct, or
immoral habits, provided five-sevenths of the whole number record their
signatures to such a measure (_ib._, s. 32).
EXCEPTIONS.—The act does not prevent private persons from giving the
necessary medical or surgical aid in times of urgent need, provided
such aid or attention is not given for gain or hire, nor the giving of
it made a business or a way of gaining a livelihood (_ib._, s. 34).
Every person residing in the colony and who shall have practised
medicine, surgery, and midwifery for five years consecutively in one
locality previous to the passage of the act, on the proof of the same,
shall have his name registered and receive a license to practise under
the act; provided, the board may grant a license to any person who may
have practised for a shorter period, on being satisfied by examination,
or inquiry, that such person is reasonably competent and fit; and
further provided, that the board may, after examination and inquiry,
license persons with a reasonable amount of competence to practise
in specified localities, in which no qualified practitioners reside
(_ib._, s. 37).
Any person while employed in actual service in any naval or military
service as physician or surgeon may practise medicine, surgery, and
midwifery after having been registered (_ib._, s. 38).
DEFINITION.—The words “legally qualified medical practitioner” or
“duly qualified medical practitioner,” or any other words importing a
person recognized by law as a medical practitioner or a member of the
medical profession, when used in any act of the legislature or legal or
public document, mean a person registered under this chapter, unless as
otherwise provided (_ib._, s. 39).
MEDICAL APPOINTMENTS.—No person shall be appointed as a medical
officer, physician, or surgeon in any branch of the public service or
any hospital or other charitable institution unless he be registered
under the provisions of this chapter (_ib._, s. 40).
THEORIES OF MEDICINE OR SURGERY.—No person otherwise fully qualified
shall be refused registration, or a license to practise, on account of
his adopting or refusing to adopt the practice of any particular theory
of medicine or surgery. In case of such refusal by the board, the party
aggrieved may appeal to the governor in council, who, on due cause
shown, shall issue an order to the board to register the name of such
person and grant him a license (_ib._, s. 41).
MIDWIVES.—The act does not prevent competent females from practising
midwifery (_ib._, s. 42).
FEES.—To the registrar, for license, $5 (_ib._, s. 11).
To the board, each year, for a certificate of practice, $1 (_ib._, s.
12).
NORTHWEST TERRITORIES.
COLLEGE OF PHYSICIANS AND SURGEONS.—The members of the medical
profession are a body corporate under the name of “The College of
Physicians and Surgeons of the Northwest Territories” (Ord. 5 of 1888,
s. 2).
Every person registered according to Ordinance 11 of 1885 is a member
of the said college and shall be held to be registered under this
ordinance from the date of its passage (_ib._, s. 3, as amended Ord. 9
of 1891-92).
Every person registered under this law is a member of the college
(_ib._, s. 4).
COUNCIL.—There is a council of said college elected by the members
from the members registered in pursuance of this ordinance (_ib._, s.
5, 6, 7).
The council appoints among other officers a registrar (_ib._, s. 26).
REGISTER, QUALIFICATION.—Persons registered under Ordinance 11 of 1885
are entitled to register under this ordinance (_ib._, s. 31).
The council is required to cause the registrar to keep a register of
the names of all persons who have complied with this ordinance, and
the rules and regulations of the council respecting the qualifications
required from practitioners of medicine or surgery. Only those persons
whose names are inscribed in the register are deemed qualified and
licensed to practise medicine or surgery, except as hereinafter
provided (_ib._, s. 32).
The registrar is required to keep his register correct and to make the
necessary alterations in the addresses or qualifications of persons
registered (_ib._, s. 33).
The council is required to admit on the register:
(_a_) Any person possessing a diploma from any college in Great Britain
and Ireland (having power to grant such diploma) entitling him to
practise medicine and surgery, and who shall produce such diploma and
furnish satisfactory evidence of identification;
(_b_) any member of the College of Physicians and Surgeons of the
Provinces of Manitoba, Ontario and Quebec upon producing satisfactory
evidence of the same and of identification;
(_c_) any person who shall produce from any college or school of
medicine and surgery in the Dominion of Canada requiring a four-years’
course of study _and_ (_sic_) a diploma of qualification; provided he
furnish to the council satisfactory evidence of identification, and
pass if deemed necessary, before the members thereof, or such examiners
as may be appointed for the purpose, a satisfactory examination
touching his fitness and capacity to practise as a physician and
surgeon, upon payment to the registrar of fifty dollars (_ib._, s. 34,
as substituted by Ord. 14, 1890, amended by Ord. 9, 1891-92).
POWERS OF COUNCIL.—The members of the council are required to make
orders, regulations, or by-laws for the regulation of the register and
the guidance of examiners, and may prescribe subjects and modes of
examination, and may make all regulations in respect of examinations,
not contrary to the ordinance, that they may deem expedient and
necessary (_ib._, s. 36).
The council may by by-law delegate to the registrar power to admit to
practice and to register any person having the necessary qualifications
entitling him to be registered by the council (Ord. 24, 1892, s. 4).
The council may direct the name of any person improperly registered
to be erased from the register and such name shall be erased by the
registrar (Ord. 24, 1892, s. 5).
FORFEITURE OF RIGHTS.—If a medical practitioner be convicted of any
felony or misdemeanor or after due inquiry be judged by the council to
have been guilty of infamous conduct in any professional respect, the
council may, if it sees fit, direct the registrar to erase the name of
such practitioner from the register, and the name shall be erased (Ord.
5, 1888, s. 37, as substituted by Ord. 24, 1892, s. 1).
RIGHTS OF REGISTERED PERSONS.—Every person registered under the
ordinance is entitled to practise medicine and surgery, including
midwifery, or any one of them, as the case may be, and to demand and
recover with costs his reasonable charges for professional aid, advice,
and visits, and the cost of medical or surgical appliances rendered or
supplied by him to his patients (_ib._, s. 38).
LIMITATION.—A period of one year after the term of professional
service is established as a limitation to actions for negligence or
malpractice against members of the college (_ib._, s. 39).
REGISTER, EVIDENCE.—The registrar, under the direction of the council,
is required to publish a register of the names and residences and
the medical titles, diplomas, and qualifications conferred by any
college or body, of all persons appearing on the register on the day
of publication. The register is called “Northwest Territories’ Medical
Register,” and a copy for the time being, purporting to be so printed
and published, is _prima facie_ evidence that the persons therein
specified are registered according to the act. The absence of a name
from such copy is _prima facie_ evidence that such person is not so
registered.
In case a person’s name does not appear on such copy, a certified copy
under the hand of the registrar of the entry of the name of such person
on the register is evidence that such person is registered (_ib._, s.
40).
NEGLECT TO REGISTER.—A person neglecting to register is not entitled
to the rights or privileges conferred and is liable to all penalties
against unqualified or unregistered practitioners (_ib._, s. 4).
OFFENCES AND PENALTIES.—To practise or profess to practise without
registration, for hire or reward, is punishable with a penalty of $100
(_ib._, s. 42).
To wilfully or falsely pretend to be a physician, doctor of medicine,
surgeon, or general practitioner, or assume any title or description
not actually possessed and to which the person is not legally entitled
under this ordinance, is punishable with a penalty of from $10 to $50
(_ib._, s. 43, as amended by Ord. 24, 1892, s. 2).
To take or use a name or description implying or calculated to lead
people to infer registration or recognition by law as a physician,
surgeon, or licentiate in medicine or surgery is punishable with a
penalty of from $25 to $100 (_ib._, s. 44).
UNREGISTERED PERSONS.—No person is entitled to recover for any medical
or surgical advice or attendance or the performance of any operation
or medicine which he may have prescribed (_ib._, s. 45); nor to be
appointed as medical officer, physician, or surgeon in any branch of
the public service or in any hospital or other charitable institution
not supported wholly by voluntary contributions, unless registered
(_ib._, s. 46).
No certificate required from a physician or surgeon or medical
practitioner is valid unless the signer is registered (_ib._, s. 47).
COSTS.—In prosecutions, payment of costs may be awarded in addition to
the penalty, and in default of payment the offender may be committed to
the common jail for not more than one month (_ib._, s. 48).
BURDEN OF PROOF.—In prosecutions, the burden of proof as to
registration is upon the person charged (_ib._, s. 49).
PROOF.—The production of a printed or other copy of the register,
certified under the hand of the registrar, for the time being is
sufficient evidence of all persons [registered]; a certificate on
such copy purporting to be signed by any person in the capacity of
registrar of the council under this ordinance is _prima facie_ evidence
that he is registered without proof of his signature or of his being in
fact registrar (_ib._, s. 50).
LIMITATION OF PROSECUTIONS.—Prosecutions must be commenced within six
months from the date of the offence (_ib._, s. 51).
STAY.—The council may stay proceedings in prosecutions where deemed
expedient (_ib._, s. 52).
PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 53).
DEFINITION.—“Legally qualified medical practitioner” or “duly
qualified medical practitioner,” or any other words implying legal
recognition as a medical practitioner or member of the medical
profession, when used in any law or ordinance, mean a person registered
under this ordinance (_ib._, s. 55).
HOMŒOPATHISTS.—Homœopathic physicians may be registered under this
ordinance on complying with the terms of sec. 34 (_ib._, s. 58).
FEES.—To the council from each member annually as the council may
determine, not more than $2 and not less than $1 (_ib._, s. 35).
To the registrar, for registration, $50 (_ib._, s. 56, as substituted
by Ord. 24, 1892, s. 3).
NOVA SCOTIA.
MEDICAL BOARD.—There is a provincial medical board consisting of
thirteen regular qualified medical practitioners of not less than seven
years’ standing, seven nominated and appointed by the governor in
council, and six by the Nova Scotia Medical Society (R. S., 5th ser.,
c. 24, s. 1).
The board appoints a secretary who is the registrar of the board
(_ib._, s. 3, 4).
REGISTER, EVIDENCE.—The registrar is required before the 1st of August
each year to cause to be printed and published in the _Royal Gazette_
of the province, and in such other manner as the board shall appoint,
a correct register of the names and residences and medical titles,
diplomas, and qualifications conferred by any college or body, with the
dates thereof of all persons appearing on the register as existing on
June 30th. Such register is called “The Medical Register,” and a copy
thereof for the time being, purporting to be so printed and published,
is _prima facie_ evidence that the persons specified are registered
according to this chapter. The absence of a name from such copy is
_prima facie_ evidence that such person is not so registered. In the
case of a person whose name does not appear in such copy, a certified
copy, under the hand of the registrar, of the entry of his name on
the register is evidence that such person is registered under the
provisions of this chapter (_ib._, s. 5).
STUDENTS.—No person can begin or enter on the study of physic,
surgery, or midwifery, for the purpose of qualifying himself to
practise in the province, unless he shall have obtained from the
provincial medical board a certificate that he has satisfactorily
passed a matriculation examination in the subjects specified in the
chapter (_ib._, s. 6).
The chapter prescribes the prerequisites to admission to preliminary
examinations (_ib._, s. 7, 12).
QUALIFICATION.—Subject to the exceptions hereinafter, no person
can lawfully practise physic, surgery, or midwifery unless his name
be registered and unless he shall have received from the provincial
medical board a license to practise (_ib._, s. 8).
No person is entitled to be registered or to receive a license
to practise unless he satisfy the board that he has passed the
matriculation or preliminary examination; that after passing such
examination he has followed his studies during a period not less than
four years (one of which may be under the direction of one or more
general practitioners duly licensed); that during such four years he
has attended at some university, college, or incorporated school of
medicine in good standing, courses of lectures amounting together to
not less than twelve months on general anatomy, on practical anatomy,
on surgery, on the practice of medicine, on midwifery, on chemistry,
on materia medica and pharmacy, and on the institutes of medicine or
physiology, and one three-months’ course of medical jurisprudence;
that he has attended the general practice of a hospital in which
are not less than fifty beds under the charge of not less than two
physicians or surgeons, for a period of not less than one year or two
periods of not less than six months each; that he has also attended
two three-months’ courses or one six-months’ course of clinical
medicine, and the same of clinical surgery; that he has, after an
examination in the subjects of the course, obtained a degree or diploma
from such university, college, or incorporated medical school, or,
for want of such degree or diploma, that he has satisfactorily passed
an examination in the various branches hereinbefore specified before
examiners to be appointed by the provincial medical board; that he
is not less than twenty-one years of age; and that he has paid the
registrar twenty dollars.
The provincial medical board has power, subject to the approval of
the governor in council, to make such alterations in the foregoing
curriculum as may from time to time be required (_ib._, s. 9).
The last preceding section does not apply to any person in actual
practice duly registered under chap. 56 of Revised Statutes, 3d series;
such persons are entitled to be registered and receive a license to
practise under this chapter without fee. Notwithstanding such section,
any person on producing to the said board conclusive evidence that
he has passed a matriculation or preliminary examination such as is
required for persons beginning their medical studies in Nova Scotia;
that he has, before graduating or taking a diploma, studied for at
least four years in the manner provided in sec. 9 or pursued what
the board deem an equivalent course of study, and has passed a final
examination in the subjects of such course; or, for the want of any of
such requirements, shall have fulfilled such conditions as the board
may determine and shall pay a fee of twenty dollars, shall be entitled
to be registered and to receive a license to practise (_ib._, s. 10).
POWERS OF BOARD.—The said board among other powers has the power
to examine all degrees, diplomas, licenses, and other credentials
presented or given in evidence for the purpose of entitling the owner
to practise in Nova Scotia; and to oblige the owner to attest on oath,
or by affidavit, that he is the person whose name is mentioned therein,
and that he became possessed thereof honestly; to cause every member
of the profession practising in Nova Scotia to enregister his name,
age, place of residence, place of nativity, date of license or diploma,
and the place where he obtained it, in the register of the board; to
appoint medical examiners to hold final examinations, such examiners
to be regular qualified practitioners of not less than five years’
professional standing, and three years’ residence in the province
(_ib._, s. 12).
REGISTER.—The registrar is required to keep his register correct, and
to erase the names of all registered persons who shall have died, left
the province without any intention of returning, or ceased to practise
for five years, and to make from time to time the necessary alterations
in the addresses or qualifications of persons registered. A name erased
is required to be restored by the order of the board upon sufficient
cause duly shown (_ib._, s. 15).
NEGLECT TO REGISTER.—Persons entitled to register and neglecting
or omitting to register are not entitled to any of the rights or
privileges conferred so long as the neglect or omission shall continue
(_ib._, s. 16).
THEORIES OF MEDICINE OR SURGERY.—No person shall be refused
registration or a license on account of the adoption or the refusal to
adopt the practice of any particular theory of medicine or surgery. In
case of such refusal the party aggrieved has the right to appeal to the
governor in council, who, on due cause shown, is required to issue an
order to the board to register the name of such person and to grant him
a license (_ib._, s. 17).
POWERS OF REGISTRAR.—No qualification is entered unless the registrar
is satisfied by proper evidence that the person claiming is entitled to
it, and any appeal from the decision of the registrar may be decided
by the board, and any entry proving to the satisfaction of the board
to have been fraudulently or incorrectly made may be erased from the
register by order in writing of the board (_ib._, s. 18).
FORFEITURE OF RIGHTS.—A medical practitioner convicted of felony or,
after due inquiry, judged by the board to have been guilty of infamous
conduct in any professional respect, thereby forfeits his right to
registration, and if registered his name shall, by the direction of the
board, be erased from the register (_ib._, s. 19).
ADDITIONAL QUALIFICATIONS.—A registered person may have a higher
degree or an additional qualification obtained by him, inserted in
the register in substitution for or in addition to a qualification
previously registered, on the payment of such fee as the board may
appoint (_ib._, s. 20).
RIGHTS OF REGISTERED PERSONS.—Every registered person is entitled
according to his qualifications to practise medicine, surgery, or
midwifery, or either or any of them as the case may be, and to demand
and receive reasonable charges for professional aid, advice, and visits
and the cost of any medicine or any medical or surgical appliances
rendered or supplied by him to his patients (_ib._, s. 21).
No person is entitled to recover such charge unless he shall prove
on the trial that he is registered under this chapter. This does not
interfere with the sale by qualified druggists or chemists of articles
properly belonging to their business (_ib._, s. 22).
DEFINITION.—The words “legally qualified medical practitioner” or
“duly qualified medical practitioner,” or any other words importing a
person recognized by law as a medical practitioner or a member of the
medical profession, when used in any act of the legislature or legal or
public document mean a person registered under this chapter (_ib._, s.
23).
UNREGISTERED PERSONS.—No person shall be appointed as a medical
officer, physician, or surgeon, in any branch of the public service,
or in any hospital or other charitable institution, unless he be
registered under the provisions of this chapter (_ib._, s. 24).
No certificate required from any physician or surgeon or medical
practitioner is valid unless the signer be registered (_ib._, s. 25).
OFFENCES AND PENALTIES.—For a person without registration or license
to practise physic, surgery, or midwifery for hire, gain, or hope of
reward, or wilfully or falsely pretend to be a physician, doctor of
medicine, surgeon, or general practitioner, or to take or use any name
or description implying or calculated to lead people to infer that he
is registered, or to profess by public advertisement, card, circular,
sign, or otherwise to practise physic, surgery, or midwifery, or to
give advice therein or in anywise to lead people to infer that he is
qualified to practise physic, surgery, or midwifery, is punishable with
a forfeiture of $20 for each day that he so practises or leads people
to infer that he is practising (_ib._, s. 26).
On trial of such cause the burden of proof as to the license or right
of the defendant to practise physic, surgery, or midwifery is on the
defendant (_ib._, s. 28).
If a person wilfully procures or attempts to procure registration by
making or producing, or causing to be made or produced, a false or
fraudulent representation or declaration, he, and all persons knowingly
aiding or assisting therein, are each punishable with a forfeiture of
not less than $100 (_ib._, s. 30).
To wilfully and falsely pretend to be or take or use any name or
description implying registration, is punishable with a forfeiture not
exceeding $100 (_ib._, s. 31).
Suits under this chapter are not to be begun after one year from the
date of the offence or cause of action (_ib._, s. 32).
EXCEPTIONS.—This chapter does not prevent a competent female from
practising midwifery in Nova Scotia, except that she must satisfy the
board of her competency, and obtain a certificate from the registrar
before she can lawfully practise in the city of Halifax (_ib._, s. 33).
Nothing in the chapter prevents any person from giving necessary
medical or surgical aid or attendance to any one in urgent need of it,
provided such aid or attendance is not given for hire or gain, nor the
giving of it made a business or way of gaining a livelihood (_ib._, s.
34).
Every person residing in the province and who shall have practised
therein prior to January 1st, 1850, is entitled on proof thereof to
have his name registered and receive a license to practise under this
chapter (_ib._, s. 36).
A person while employed in active service in Her Majesty’s naval
or military service as a physician or surgeon may practise physic,
surgery, or midwifery with (_sic_) registration or license (_ib._, s.
37).
Schedule B of the chapter prescribes the subjects for a matriculation
or preliminary examination of those commencing the study of medicine.
FEES.—To the registrar, for registration under secs. 9 and 10, $20.
To the registrar, for a preliminary examination under sec. 7, $10.
For registering additional qualifications, such fee as the board may
appoint (_ib._, s. 20).
ONTARIO.
COLLEGE OF PHYSICIANS, ETC.—There is a corporation styled “The College
of Physicians and Surgeons of Ontario” (Rev, St., 1887, c. 148, s. 2).
All persons registered according to the provincial acts 29 Victoria, c.
34, and 37 Victoria, c. 45, and amendatory acts, are members of said
corporation (_ib._, s. 3); as well as all persons registered under this
act (_ib._, s. 4).
COUNCIL.—There is a council of said college composed of
representatives chosen from every university, college, or body in the
province authorized to grant degrees in medicine and surgery, and which
establish and maintain to the satisfaction of the College of Physicians
and Surgeons of Ontario a medical faculty in connection therewith,
with five members elected by the registered licensed practitioners in
homœopathy, and twelve members elected from among and by the other
registered members of the profession (_ib._, s. 6).
No teacher, professor, or lecturer of any such college or body shall
hold a seat in said council except as a representative of the college
or body to which he belongs (_ib._, s. 6, subd. 2, as amended Act 1893,
c. 27, s. 2).
All members of the council representing the colleges of bodies
aforesaid must be practitioners duly registered (_ib._, s. 6, subd. 3,
as amended Act 1893, c. 27, s. 2).
All duly registered practitioners are entitled to vote at any election
for members of the council (_ib._, s. 8).
Any member of the college may have his name transferred from one class
of voters to any other on presenting to the registrar a certificate
duly signed by the member or members of the board of examiners to
examine candidates on subjects specified as peculiar to each school of
medicine, testifying that the member so applying has shown a sufficient
knowledge of the system of medicine he desires to connect himself with,
to entitle him to be admitted to the class he desires, and being so
admitted he is entitled to vote in that class only (_ib._, s. 9 [1]).
No member is entitled to return to the class from which he has been
transferred without the sanction of the council (_ib._, s. 9 [2]).
The council appoints officers including a registrar (_ib._, s. 13).
The council must appoint an executive committee to take cognizance of
and action upon all matters delegated to it by the council or which may
require immediate attention or interference between the adjournment of
the council and its next meeting, and all such acts shall be valid only
till the next ensuing meeting of the council (_ib._, s. 4).
DIVISION ASSOCIATION.—In each territorial division established by
the act there may be established a Division Association, of which
every member of the said college residing within the said territorial
division shall be a member (_ib._, s. 15).
PROFESSIONAL FEES.—The division association may submit to the council
a tariff of professional fees suitable to their division, and on the
said tariff receiving the approval of the council, signed by the seal
of the college and the signature of the president, such tariff shall be
held to be a scale of reasonable charges for the division or section
of a division where the members of the association making it reside
(_ib._, s. 16).
REGISTRATION.—In a register kept by the registrar the council
is required to cause to be entered the name of every person duly
registered and all persons who have complied with the act and the rules
and regulations made by the council respecting the qualifications of
practitioners of medicine, surgery, and midwifery; and those persons
only whose names are inscribed in the register shall be deemed to be
qualified and licensed to practise medicine, surgery, or midwifery,
except as hereinafter provided (_ib._, s. 21).
The registrar is required to keep his register correct and to make the
necessary alterations in the addresses or qualifications of persons
registered. And he may write to any registered person at his address
on the register, to inquire whether he has ceased to practise or
has changed his residence, and if no answer be returned within six
months, may erase the name of such person; the name shall be restored
on compliance with the other provisions of the act (_ib._, s. 22, as
amended Act 1891, c. 26, s. 9).
It is optional for the council to admit to registration all such
persons as are duly registered in the medical register of Great
Britain, or otherwise authorized to practise medicine, surgery, and
midwifery in the United Kingdom of Great Britain and Ireland, upon such
terms as the council may deem expedient (_ib._, s. 23 [1]).
Any person actually practising medicine, surgery, or midwifery, or any
of them, in Ontario prior to January 1st, 1850, and who has attended
one course of lectures at any recognized medical school, on such proof
as the council may require, is entitled to register (_ib._, s. 23 [2]).
Any person actually practising medicine, surgery, or midwifery
according to the principles of homœopathy before January 1st, 1850, and
for the six years preceding March 24th, 1874, in Ontario, may in the
discretion of the representatives of the homœopathic system of medicine
be registered (_ib._, s. 23 [3]).
Any person who possesses any of the qualifications described in
Schedule B, dated prior to July 23d, 1870, on the payment of the fee,
is entitled to register on producing to the registrar the document
conferring or evidencing his qualification or qualifications, or on
transmitting by post to the registrar information of his name and
address and evidence of the qualification or qualifications in respect
whereof he wishes to be registered and of the time or times at which
the same was or were attained. No one registered under the acts
mentioned in sec. 3 is liable to pay for registration (_ib._, s. 24).
Every person wishing to be registered, and not possessed before July
23d, 1870, of one of the qualifications in Schedule B, must present
himself for examination as to his knowledge and skill for the efficient
practice of his profession before the board of examiners mentioned in
sec. 28, and upon passing the examination required and proving to the
satisfaction of the board of examiners that he has complied with the
rules and regulations of the council, and on payment of such fees as
the council may establish, he shall be entitled to register and in
virtue of his registration to practise medicine, surgery, and midwifery
(_ib._, s. 25).
When it appears that there has been established a central examining
board similar to that constituted by this act, or an institution duly
recognized by the legislature of any of the provinces of the Dominion
of Canada as the sole examining body for the purpose of granting
certificates of qualification, and wherein the curriculum is equal to
that established in Ontario, the holder of such certificate shall, upon
due proof, be entitled to registration by the council of Ontario if the
same privilege is accorded by such examining board or institution to
those holding certificates of Ontario (_ib._, s. 26).
BOARD OF EXAMINERS.—The council is required at its annual meeting to
elect a board of examiners whose duty it is to examine at least once
in each year all candidates for registration in accordance with the
by-laws, rules, and regulations of the council; such examinations are
to be held at Toronto or Kingston at such times and in such manner as
the council may by by-laws direct (_ib._, s. 28).
The board of examiners is composed of one member from each existing
teaching body enumerated in sec. 6 and one from every other school
of medicine organized in connection with any university or college
empowered by law to grant medical or surgical diplomas and not less
than six members chosen from the members of the College of Physicians
and Surgeons of Ontario unconnected with any such teaching body (_ib._,
s. 29, as amended Act 1893, c. 27, s. 5).
HOMŒPATHISTS.—Every candidate who, at the time of the examination,
signifies his wish to be registered as a homœopathic practitioner
shall not be required to pass an examination in materia medica or
therapeutics, or the theory or practice of physic or surgery or
midwifery except the operative parts thereof, before any examiners
other than those approved of by the representatives in the council of
the homœopathic system (_ib._, s. 30).
DUTIES OF COUNCIL.—The council is required to make orders,
regulations, or by-laws for regulating the register and fees for
registration and for the guidance of the board of examiners, and may
prescribe the subjects and modes of examination and the time and place
of holding the same, and may make all such rules and regulations
for examination not contrary to the act as they deem expedient and
necessary (_ib._, s. 31).
ADDITIONAL QUALIFICATION.—Every person registered who obtains a higher
degree or other qualification is, on the payment of the fee, entitled
to have it inscribed in the register in substitution for or in addition
to the qualifications previously registered (_ib._, s. 32).
POWERS OF REGISTRAR.—No qualification is to be entered on the
register unless the registrar be satisfied by proper evidence that
the person claiming it is entitled to it. Appeal from the decision of
the registrar may be decided by the council; any entry proved to the
satisfaction of the council to have been fraudulently or incorrectly
made may be erased from the register by order of the council in writing
(_ib._, s. 33 [1]).
If the registrar be dissatisfied with the evidence adduced by a person
claiming to be registered, he has power, subject to appeal to the
council, to refuse registration until such evidence is furnished, duly
attested by oath or affidavit before a judge of the county court of any
county (_ib._, s. 33 [2]).
ERASURE AND RESTORATION OF NAME.—A practitioner is liable to have his
name erased from the register where he has been convicted before or
after registration of an offence which, if committed in Canada, would
be a felony or misdemeanor, or where he has been guilty of any infamous
or disgraceful conduct in a professional respect (_ib._, s. 34 [1]).
The council may, and on the application of any four registered medical
practitioners must, cause inquiry to be made into the case of a person
alleged to be liable to have his name erased under this section, and on
proof of such conviction or conduct shall cause his name to be erased
from the register. The name of a person shall not be erased on account
of his adopting or refraining from the practice of any particular
theory of medicine or surgery; nor on account of a conviction for a
political offence out of Her Majesty’s dominions, nor of conviction
for an offence which ought not either from its trivial nature or its
circumstances to disqualify a person from practising medicine or
surgery (_ib._, s. 34 [2]).
The council may order to be paid out of any funds at their disposal
such costs as they may deem just to any person against whom any
complaint has been made, which, when finally determined, is found to
have been frivolous and vexatious (_ib._, s. 34 [3]).
When the council direct the erasure of any name or entry, it shall
not be again entered except by direction of the council or any of the
divisions of the high court of justice (_ib._, s. 35 [1], as amended
Act 1891, c. 26, s. 3).
If the council think fit, they may direct the registrar to restore
any name or entry erased, without fee, or on payment of such fee not
exceeding the regular fee as the council may fix (_ib._, s. 35 [2]).
The council is required to ascertain facts, in the exercise of its
powers of erasing and restoring, by a committee of their own body of
not more than five, and a written report of the committee may be acted
on by the council (_ib._, s. 36 [1], as amended Act 1891, c. 26, s. 4).
At least two weeks’ notice of the first meeting of the committee for
ascertaining the facts of any case must be served on a person whose
conduct is subject to inquiry, and such notice must embody a copy of
the charges or a statement of the subject-matter of the inquiry, and
specify the time and place of meeting. The testimony is under oath, and
subject to cross-examination and the full right to call evidence in
defence and reply. In the event of the non-attendance of such person
the committee, on the proof of personal service of the notice, may
proceed with the inquiry in his absence and without further notice
(_ib._, s. 36 [5]).
No action can be brought against the council or committee for anything
done _bona fide_ under this act notwithstanding want of form in the
proceedings. Any person whose name has been ordered erased may appeal
from the decision of the council to any division of the high court
at any time within six months from the date of the order of erasure,
and the judge may make such order as to restoration, confirmation, or
further inquiries by the committee or council and as to costs, as to
him shall seem right (_ib._, s. 37, as amended Act 1891, c. 26, s. 5).
The appeal may be by a summons served on the registrar to show cause,
and is founded upon a copy of the proceedings before the committee, the
evidence taken, the committee’s report, and the order of the council
certified by the registrar. The registrar is required to furnish to any
person desiring to appeal a certified copy of all proceedings, reports,
orders, and papers on which the committee acted, on payment of five
cents a folio (_ib._, s. 38, as amended Act 1891, c. 26, s. 6).
The Act of 1891, c. 26, s. 7, provides for procuring the attendance of
witnesses before the committee, and for payment of costs by the person
whose name has been directed to be erased.
RIGHTS OF REGISTERED PERSONS.—Every person registered is entitled
according to his qualifications to practise medicine, surgery, or
midwifery, or any of them, as the case may be, and to demand and
recover with full costs reasonable charges for professional aid,
advice, and visits and the cost of any medicine or other medical or
surgical appliances rendered or supplied by him to his patient (_ib._,
s. 39).
LIMITATIONS.—One year after the termination of professional services
is established as a period of limitations to an action for negligence
or malpractice by reason thereof against duly registered members of
said college (_ib._, s. 40).
EVIDENCE.—The register is required to be printed and published, and a
copy thereof purporting to be so printed and published is _prima facie_
evidence that the persons specified are registered; and, subject to the
provisions of subsection 2 of this section, the absence of the name of
any person from such copy shall be _prima facie_ evidence that such
person is not registered (_ib._, s. 41 [1]).
In case of the name of a person not appearing in such copy, a certified
copy, under the hand of the registrar, of the entry of the name on the
register is evidence that such person is registered (_ib._, s. 41 [2]).
ANNUAL CERTIFICATE OF REGISTRATION.—Every registered medical
practitioner is required to obtain from the registrar annually, before
December 31st, a certificate under seal of the college that he is a
duly registered medical practitioner (Act 1891, c. 26, s. 8).
On payment of all fees and dues payable by such practitioner to the
college, the registrar is required to write his name and the date on
the margin of the certificate, and the certificate is deemed to be
issued only from such date; any fees properly charged during the time
in which a name was erased from the register are legally recoverable on
production of the certificate of registration at time of suit (_ib._).
No certificate is issued to any practitioner indebted to the college,
nor until the annual fee for the certificate prescribed by the statute
and the by-laws of the college is paid (_ib._).
If a practitioner omits to take out such certificate, he shall not be
entitled thereto until he pays the certificate fee, and any other fees
or dues which he owes the college (_ib._).
After twelve months’ default in taking out such certificate, and two
months’ notice of default by registered letter to the registered
address of the defaulter, if payment is not made, the registrar is
required to erase his name and the provisions as to unregistered
practitioners forthwith apply (_ib._).
Such practitioner may, unless otherwise disqualified, obtain
re-registration and re-instatement to full privileges by applying
to the registrar and paying up the fees and dues and taking out his
certificate (_ib._).
NEGLECT TO REGISTER.—Those entitled to register and neglecting so
to do are not entitled to any rights or privileges conferred by
registration, and are liable to all the penalties against unqualified
or unregistered practitioners (Rev. St., 1887, c. 148, s. 42).
FRAUDULENT REGISTRATION.—If a person procures registration by means
of false or fraudulent representations it is lawful for the registrar,
on a receipt of sufficient evidence of such falsity or fraud, to
represent the matter to the council, and on the written order of the
president, attested by the seal of the college, to erase his name from
the register and publish the fact and cause of erasure in the Ontario
_Gazette_; and after such notice such person ceases to be a member of
said college and to enjoy the privileges conferred by registration
without the express sanction of the council (_ib._, s. 44 [1]).
OFFENCES AND PENALTIES.—Wilfully procuring or attempting to procure
registration by false or fraudulent representations is punishable with
a penalty not exceeding $100. Knowingly aiding and assisting therein is
punishable with a penalty of from $20 to $50 for each offence (_ib._,
s. 44 [2]).
Practising without registration for hire, gain, or hope of reward is
punishable with a penalty of from $25 to $100 (_ib._, s. 45).
A person wilfully or falsely pretending to be a physician, doctor of
medicine, surgeon or general practitioner, or assuming any title,
addition, or description other than that he actually possesses and is
legally entitled to, is punishable with a penalty of from $10 to $50
(_ib._, s. 46).
A person taking or using a name, title, addition, or description
implying or calculated to lead people to infer that he is recognized by
law as a physician, surgeon, accoucheur, or licentiate in medicine,
surgery, or midwifery is punishable by a penalty of from $25 to $100
(_ib._, s. 47).
UNREGISTERED PERSONS.—No person is entitled to recover a charge for
medical or surgical advice or attendance or the performance of any
operation or any medicine prescribed or supplied unless he produces to
the court a certificate that he is registered; but this section does
not extend to the sale of drugs or medicines by a licensed chemist or
druggist (_ib._, s. 48, as amended Act 1891, c. 26, s. 2).
No person shall be appointed as a medical officer, physician, or
surgeon in any branch of the public service, or in any hospital
or other charitable institution not supported wholly by voluntary
contribution, unless he be registered (_ib._, s. 49).
No certificate required from any physician, surgeon, or medical
practitioner is valid unless the signer be registered (_ib._, s. 50).
COSTS.—The justice of the peace having jurisdiction of a prosecution
may award payment of costs in addition to the penalty, and in default
of payment may commit to the common jail for a period not exceeding one
month unless the penalty and costs are sooner paid (_ib._, s. 51).
APPEAL.—Any person convicted who gives notice of appeal must give
satisfactory security for the amount of the penalty and the costs of
conviction and appeal (_ib._, s. 52).
PROOF.—In any trial under the act, the burden of proof as to
registration is on the person charged (_ib._, s. 53).
Where proof of registration is required, the production of a printed or
other copy of the register certified under the hand of the registrar
for the time being is sufficient evidence of all persons who are
registered practitioners, and any certificate upon such copy purporting
to be signed by any person in his capacity of registrar is _prima
facie_ evidence that such person is registrar without proof of his
signature or of his being registrar (_ib._, s. 54).
LIMITATIONS OF PROSECUTIONS.—Prosecutions are limited to commence
within one year from the date of the offence (_ib._, s. 55)
STAY.—The council may, by order signed by its president having the
seal of the college appended, stay proceedings in any prosecution when
deemed expedient (_ib._, s. 56).
PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 57
[2]).
QUALIFICATION.—Schedule B referred to in the act is as follows:
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