Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 by R. A. Witthaus et al.

acts relating to homœopathy or the eclectic system of medicine. FEES.—To registrar, for transfer under sec. 9 (2), $2. To registrar, for registration under sec. 24, not more than $10, to be fixed by the by-laws of council. To registrar, for registration under sec. 25, such fees as the council may by general by-law establish. To registrar, for copies under sec. 38, 5 cents a folio. Members are required to pay an annual fee to the college; the amount and means of enforcing which are in the discretion of the elected members of the council (Act 1893, c. 27, s. 6). PRINCE EDWARD ISLAND. MEDICAL SOCIETY.—The members of the medical profession constitute a body corporate under the name of the “Medical Society of Prince Edward Island” (Act 1892, c. 42, s. 1). Persons registered under the act 34 Vict., c. 25, or 37 Vict., or the Prince Edward Island Medical Act of 1890, are members of the society and entitled to register under this act without a fee (_ib._, s. 2). All persons registered under this act are members of the said society (_ib._, s. 3). REGISTRATION.—There is a council of said society, composed of seven members of the society elected by the society (_ib._, s. 4), which is required to appoint a registrar among other officers (_ib._, s. 6); and to cause him to keep a register of the name of every person registered under this act, or the acts mentioned in sec. 2, and from time to time of the names of all persons who have complied with this act and the rules and regulations made by the council respecting the qualifications of practitioners of medicine, surgery, or midwifery, which is called the Prince Edward Island Medical Register; and only those persons whose names are inscribed therein are qualified and licensed to practise medicine, surgery, or midwifery, except as hereinafter provided (_ib._, s. 8). The registrar is required to keep his register correct, and to make the necessary alterations in the addresses and qualifications of persons registered (_ib._, s. 9). The council is required to admit to registration, on the payment of the registration fee, all persons duly registered by the medical council of Great Britain or otherwise authorized to practise medicine, surgery, or midwifery in the United Kingdom of Great Britain and Ireland (_ib._, s. 10). Every person who holds a medical or surgical degree or diploma dated prior to January 1st, 1880, from any university, college, or school of medicine in Great Britain, Ireland, or Canada, or any of the universities or colleges in the United States mentioned in Schedule A, is entitled to register on producing to the registrar such diploma or satisfactory evidence of the qualification in respect whereof he seeks to be registered (_ib._, s. 11). Every person desirous of being registered, not registered under the acts mentioned in sec. 2, and who had not become possessed of a diploma as provided in sec. 11, must, before being entitled to register, be examined as to his knowledge and skill for the efficient practice of his profession before the medical council, and on passing the examination required and producing proof of study in medicine, surgery, and midwifery four years, one of which may be with a registered medical practitioner, shall, subject to the next section, be entitled to register and by virtue of such registration to practise medicine, surgery, and midwifery; provided, the council may, if it see fit, dispense with the examination in any case (_ib._, s. 12). No person commencing the study of medicine on or after September 1st, 1892, shall be entitled to register unless he has passed a matriculation examination equivalent to that of the College of Surgeons of London, or shall hold a license as a first-class teacher in this province, or shall have obtained from the council a certificate that he has satisfactorily passed a matriculation examination in the subjects specified in Schedule B. Any graduate or student matriculated in the arts in any university in Her Majesty’s dominions shall not be required to pass the matriculation examination (_ib._, s. 13). The council may grant a license to practise medicine, surgery, or midwifery to an applicant at the time of the passage of this act practising medicine, surgery, or midwifery, or any of them, in Prince Edward Island, on a preliminary examination as the council may think necessary for the public safety, provided such person shall have practised five years in the province, but such person is not thereby entitled to registration (_ib._, s. 15). When there has been established an authorized examining body or an institution recognized by the legislature of any other province of the Dominion of Canada as the sole examining body for granting certificates of qualification, and where the curriculum is equal to that appointed by the medical council of Prince Edward Island, the holder of such certificate shall, upon due proof, be entitled to registration by the council of Prince Edward Island, if the same privilege is accorded in such other province to those registered in Prince Edward Island (_ib._, s. 16). The council is required to hold examinations at least every three months, if required, for candidates for registration, at such places and times and in the same manner as the council may direct (_ib._, s. 18). Every person registered who obtains a higher degree or other qualification shall, on the payment of such fees as the council shall appoint, be entitled to have it registered in substitution for or in addition to the qualification previously registered (_ib._, s. 19). No qualification is entered unless the registrar be satisfied, by proper evidence, that the person claiming is entitled to register it. There is an appeal to the council; any name proved to the council to have been fraudulently or incorrectly entered may be erased by an order in writing of the council (_ib._, s. 20). If the registrar is dissatisfied with the evidence he may, subject to appeal to the council, refuse registration until the person claiming it has furnished evidence to the satisfaction of the registrar, duly attested by oath or affidavit before a notary public or justice of the peace (_ib._, s. 21). A medical practitioner guilty of infamous or disgraceful conduct in a professional respect is liable to have his name erased, and if he apply for registration the council may refuse it (_ib._, s. 22). The registrar may publish in a newspaper or newspapers of Prince Edward Island the fact that the name of such person has been erased, and the cause of the erasure, but not until the appeal, if any has been taken within the time allowed, has been disposed of (_ib._, s. 23). Where the council refuse to register, or direct an erasure, the entry shall not be again made except by direction of the council or the order of the supreme court or a judge thereof (_ib._, s. 24). Five days’ notice of the meeting of the council for the hearing of an appeal under sec. 2 must be served on the person charged, embodying a copy of the charges or a statement of the inquiry and the time and place of meeting (_ib._, s. 25). RIGHTS OF REGISTERED PERSONS.—Every person licensed or registered under the act is entitled according to his qualifications to practise medicine, surgery, and midwifery, or any of them, as the case may be, and recover with costs his reasonable charges for professional aid, advice, and visits, and the cost of medicines or medical and surgical appliances rendered or supplied by him to his patient (_ib._, s. 26). LIMITATIONS.—Twelve months is established as the period of limitations for an action from negligence or malpractice against a person registered (_ib._, s. 27). EVIDENCE.—The registrar is required, under the direction of the council, to print and publish once in two years a register of the names of all persons registered, with the residence and medical title, diploma, and qualification conferred by any college or body, with the dates thereof, as existing on the day of the publication. A copy of such register, for the time being, purporting to be so printed and published, is _prima facie_ evidence that the persons specified are registered. The absence of a name from such copy is _prima facie_ evidence that such person is not registered. In case a name does not appear in the copy, a certified copy, under the hand of the registrar of the council, of the entry of a name is evidence that such person is registered (_ib._, s. 28). FRAUDULENT REGISTRATION.—If a person be registered by false or fraudulent representations the registrar may, on the receipt of sufficient evidence thereof, report the matter to the council, and on the order of the council erase his name from the register and make known the fact and cause by a notice in the newspaper or newspapers on Prince Edward Island (_ib._, s. 29 [1]). OFFENCES AND PENALTIES.—Wilfully procuring or attempting to procure registration by false or fraudulent representation is punishable with a penalty not exceeding $50. Knowingly aiding and assisting therein is punishable with a penalty of from $10 to $25 for each offence (_ib._, s. 29 [2]). Without registration or license, practising for hire or hope of reward or advertising to give advice in medicine, surgery, or midwifery is punishable with a penalty not exceeding $25 (_ib._, s. 30). Wilfully or falsely pretending to be a physician, doctor of medicine, surgeon, or general practitioner, or assuming a title, addition, or description not actually possessed, or pretending to be recognized by law as a physician, accoucheur, or a licentiate in medicine, surgery, or midwifery, is punishable with a penalty not exceeding $25 (_ib._, s. 31). UNREGISTERED PERSONS.—No person is entitled to recover a charge for medical or surgical advice or attendance or for the performance of a surgical operation unless registered, licensed, or otherwise authorized under this act (_ib._, s. 32). No person is to be appointed as a medical officer, physician, or surgeon in any branch of the public service, or any hospital or other charitable institution unless registered (_ib._, s. 33). COSTS.—On prosecution, costs may be awarded and the offender may be committed to a common jail in default of paying the penalty and costs, for not exceeding one month (_ib._, s. 34). APPEAL FROM CONVICTION.—A person appealing from conviction is required to give satisfactory security for the penalty, costs of conviction, and appeal before released from custody (_ib._, s. 35). LIMITATION OF PROSECUTIONS.—Prosecutions are required to be commenced within six months from the date of the offence (_ib._, s. 36). PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 37). APPEAL FROM REGISTRAR’S DECISION.—A person aggrieved by the decision of the registrar may appeal to the council, and persons aggrieved by the decision of the council may appeal to the supreme court of the province, which decision shall be final. The act prescribes the procedure on appeal (_ib._, s. 38, 39). POWERS OF COUNCIL.—The council may make by-laws for carrying out the act, to be approved by the lieutenant-governor in council, but nothing shall prevent any registered medical practitioner from giving medical treatment or advice to any person by reason of such person having previously engaged the services of any other physician (_ib._, s. 40). The council is authorized to make regulations regarding the holding of examinations and the subjects of examinations (_ib._, s. 41) EXCEPTIONS.—The act does not prevent any person from giving necessary medical or surgical aid or attendance to any one in urgent need of it provided it be not for hire or gain, nor the giving of it be made a business or means of livelihood; nor does it prevent women from practising midwifery, or any person from practising dentistry or treating cases of cancer by external application, and charging for such service and suing for and recovering reasonable charges; nor does it prevent a druggist, apothecary, or storekeeper from suing for and recovering the price of drugs or chemicals supplied or sold by him (_ib._, s. 42). The act does not prevent a person not holding a medical degree, license, or diploma from a university or college from practising medicine, surgery, or midwifery provided he was engaged in such practice in the province for five years immediately before the passage of the act, nor from recovering with costs his reasonable charges for professional aid, advice, and visits and the cost of medicine or other medical or surgical appliances rendered or supplied by him to his patients (_ib._, s. 43). APPEAL ON PROSECUTION.—Appeal from the decision on prosecution may be taken to the supreme court (_ib._, s. 44). Schedule A: University of Pennsylvania, Philadelphia, Pa. Jefferson Medical College, Philadelphia, Pa. Bellevue Medical College, New York, N. Y. University of New York, New York, N. Y. College of Physicians and Surgeons, New York, N. Y. Harvard University. University of Michigan. Schedule B specifies at length the requirements for the examination mentioned in sec. 13. FEES.—Persons registered under sec. 2 are not required to pay a fee. For registration under secs. 11 and 12, not exceeding $20, to be fixed by the society. To the council, for a license under sec. 15, $5. An annual fee is required to be paid by members of the society, not more than $5 annually, as levied by the council (_ib._, s. 17). For registration under sec. 19, such fees as the council may appoint. QUEBEC. COLLEGE OF PHYSICIANS, ETC.—All persons residing in the province authorized to practise medicine, surgery, or midwifery therein, and registered under this law, are constituted a corporation by the name of “The College of Physicians and Surgeons of the Province of Quebec” (R. S., 1888, art. 3,969). The affairs of the college are conducted by a board of governors, forty in number, chosen as provided in the act and known as the “Provincial Medical Board” (_ib._, art. 3,972 to 3,975). QUALIFICATION.—No person can lawfully practise medicine, surgery, or midwifery unless he has obtained a license from the said board and unless he be registered (_ib._, art. 3,976). Every person who obtains a medical degree or diploma in any university or college mentioned in art. 3,972 is entitled to such license without examination as to his medical knowledge or skill, provided such diploma has only been given after four years of medical study from the date of admission to study and according to the requirements of the act; provided, the said board has power to grant the same privileges to holders of degrees or diplomas of medicine and surgery from other British colonial or French universities or colleges (_ib._, art. 3,977). The colleges referred to in art. 3,792 are: Laval University at Quebec, Laval University at Montreal, University of McGill College, University of Bishops College, The Incorporated School of Medicine and Surgery of Montreal affiliated with the University of Victoria College or with any other British university. The privilege above conferred on holders of degrees or diplomas from British colleges and universities is extended to every person whose name is entered upon the medical register under the Imperial Medical Act of 1886 (49-50 Vict., c. 48) or of any act amending the same (_ib._, art. 3,977 a, as added by Act 1889, c. 39). The law prescribes the preliminary qualifications for admission to study medicine, surgery, or midwifery to be ascertained by examination. No one is entitled to the license of the college on presentation of a diploma unless previously admitted to study in accordance with these conditions, or unless he has passed an equivalent preliminary examination before a college, school or board authorized by law to require and cause such preliminary examinations to be passed in Her British Majesty’s other possessions (_ib._, arts. 3,978, 3,979). A candidate for a license to practise desiring to be registered, and who has not obtained a degree or diploma in medicine from any institution mentioned in art. 3,972 (_supra_) must, before being entitled to such license and to register, pass an examination before the board as to his knowledge and skill for the efficient practice of medicine, surgery, and midwifery. Upon passing the examination and proving to the satisfaction of the examiners that he has, in an institution for the teaching of medicine in Her Majesty’s possessions, complied with the rules and regulations made by the provincial board, and on payment of such fees as the board may by general by-law establish, such person shall be entitled to a license (_ib._, art. 3,980). All persons coming from any recognized college outside of Her Majesty’s possessions desirous of obtaining a license from the College of Physicians and Surgeons of the province must previously pass a preliminary examination before the examiners appointed by the board or establish to the satisfaction of the board that they have already passed equivalent examinations, and they must moreover follow in one of the schools of medicine in the province a complete course (for six months) of lectures, and such other course or courses as shall be necessary to complete the curriculum required by the board. They may pass their professional examination immediately after their preliminary examination (_ib._, art. 3,981). POWERS OF MEDICAL BOARD.—The board of governors of the College of Physicians and Surgeons has among other powers the power to examine all credentials and documents purporting to entitle the bearer to a license to practise and all diplomas, degrees, or other qualifications sought to be registered, and to require the bearer to attest on oath, to be administered by the chairman, that he is the person whose name is mentioned therein, and that he became legally possessed thereof; and to register in the books of the college the name, age, place of residence and birth of every member of the profession practising in the province, the date of his license and the place where he obtained it (_ib._, art. 3,982). The provincial medical board, among other powers, has the power to make regulations respecting the tariffs or rates to be charged in towns and counties for medical, obstetrical, or surgical advice, or for attendance or for the performance of any operation or for any medicines prescribed or supplied. The tariff must be approved by the lieutenant-governor in council, and can only come into force six months after its publication once in the Quebec _Official Gazette_, and that of the order in council approving the same. The tariff does not, in case of suit, obviate the necessity of proof of giving the advice, care, prescriptions, medicines, and other things therein mentioned (_ib._, art. 3,983). The said board has power to fix the fees for license and registration (_ib._, art. 3,984). QUALIFICATIONS OF CANDIDATE.—The qualifications of a candidate for a license are: