has been heretofore (June 22d, 1905, date of publication) or which may hereafter be issued to any person to practise medicine or surgery or osteopathy, who is guilty of immoral, dishonorable, or unprofessional conduct after the passage of this act (approved June 19th, 1905, published June 23d, 1905), or who has procured such license or certificate by fraud or perjury, or where the same was obtained through error. Upon a verified complaint in writing, by any person, to the district attorney of any county charging any holder of such license or certificate with having, in said county, been guilty of any immoral, dishonorable, or unprofessional conduct as defined in this act, or with having procured such certificate or license by fraud or perjury or through error, said district attorney shall commence and prosecute an action in the circuit court of said county against the person so complained against, to revoke and annul such license or certificate. The action is prosecuted as a civil action in the name of the State against the accused. The rules of pleading, evidence, and practice in civil actions in the circuit court are applicable. Either party may appeal to the Supreme Court; either party may demand a jury trial. The defendant has the right to be represented by counsel, and the court may appoint counsel to assist in the prosecution. If the court or jury find for the plaintiff, judgment shall be rendered revoking and annulling such license and certificate. The clerk is required to cause a certified copy of such judgment to be sent to the secretary of the board to be filed for record in his office (Act 1905, c. 422, s. 1). PENALTY.-A person whose license or certificate has been revoked under this act, who shall thereafter practise or offer or attempt to practise medicine, surgery, or osteopathy in this State, shall be punished as provided in ch. 426, laws 1903 (supra, p. 533) (ib.). TESTIMONY.-No person shall be excused or privileged from testifying fully under oath, or producing evidence, documentary or otherwise, in any action, proceeding, or examination brought under the provisions of this act; but no person shall be prosecuted or subjected to any penalty for or on account of any transaction, matter, or thing concerning which such person may so testify or produce evidence, documentary or otherwise, except for perjury committed in giving such testimony (ib.). WILFUL AND MALICIOUS COMPLAINT.-If the court before which the trial is had shall determine that the complaint to the district attorney was wilful and malicious and without probable cause, it shall enter judgment against the person making the complaint for the costs of the action, and payment may be enforced by execution against his body as in tort actions (ib.). DEFINITION.-The words immoral, dishonorable, or unprofessional conduct mean: (1) procuring, aiding, or abetting a criminal abortion; (2) advertising, either in his own name or in the name of another person, firm, association, or corporation, in any newspaper, pamphlet, or other written or printed paper or document, in an obscene manner, or in a manner derogatory to good morals, the curing of venereal diseases, the restoration of lost manhood, or the advertising of any medicine or any means whereby the monthly periods of women can be regulated, or the menses reëstablished, if suppressed, or being employed by or in the service of any person, firm, association, or corporation so advertising; (3) the obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured; (4) wilfully betraying a professional secret; (5) indulging in the drug habit; (6) conviction of any offense involving moral turpitude (ib.). UNITED KINGDOM OF GREAT BRITIAN AND IRELAND. (See supra, p. 542.) BRITISH POSSESSION.-For the purposes of the Medical Act, 1886, where any part of a British possession is under a central and also under a local legislature, his Majesty may, if he thinks fit, by order in council, declare that the part which is under the local legislature shall be deemed a separate British possession. (Act of August 11th, 1905, ch. 14, amending 49 and 50 Vict., c. 48, s. 27, and styled "The Medical Act [1886] Amendment Act, 1905"). (See supra, p. 558.) On the use of a registered predecessor's name on the sign of an unregistered dentist, in connection with the name of the latter, see Brown v. Whitlock, 67 J. P., 451 (1903), where the use in the particular case was held not unlawful. On use of title "Institute" by a dentist see Panhaus v. Brown, 68 J. P., 435 (1904). ALBERTA. The Province of Alberta was constituted from a part of the Northwest Territories and inaugurated late in 1905 after this article was in press. (Canada Laws, 1905, c. 3.) See Northwest Territories, supra, p. 619. The Acting Deputy Attorney General of the Province states that there has been no change in the medical law since the Northwest Terrtories ordinance of 1903. BRITISH COLUMBIA. (See p. 579.) The object of the Imperial Medical Act of 1858 is stated in its preamble, to enable persons desiring medical aid to distinguish qualified from unqualified practitioners. The same object is expressed in the preamble of the first British Columbia statute, 1867. All of the amendatory Imperial and British Columbia acts should be construed with reference to this object. Metherell v. Medical Council, 2 Br. Col., 186 (1892). One whose rights accrued under the Imperial statute of 1868 was not affected by the subsequent modification of 1886 (ib.). History of the British acts, respecting practice in British dependencies (ib.). History of British Columbia legislation on the same subject (ib.). The Imperial Act is controlling in the province (ib.). The Council should make rules to carry out the provisions of the Imperial act operative in the province; if it does not, a mandamus should issue to one entitled to registration in British Columbia under the Imperial act (ib.); the right of a Canadian practitioner to registration in England, and the meaning of British Possession are discussed obiter in this case. CANADA. (See supra, p. 589.) See p. 706, supra, British Act 1905, c. 14. HAWAII. (See pp. 228 and 688.) By Act 48 of 1905, sec. 1,068 of the revised laws was amended to read substantially as follows: QUALIFICATION-OSTEOPATHY.-No person shall practise medicine or surgery in the Territory either gratuitously or for pay, or shall offer to so practise, or shall advertise or announce himself, either publicly or privately, as prepared or qualified to so practise without having first obtained from the treasurer, under the seal of his department, a license [in the form prescribed] which shall only be granted on the written recommen dation of the board of health, provided that licenses to practise osteopathy may be granted to graduates holding diplomas from any legally chartered and regularly conducted school or college of osteopathy; and further provided that a certificate to practise osteopathy has first been obtained from the State board of osteopathic examiners of California until there is an osteopathic board of examiners appointed for Hawaii; and provided further that the practice of medicine as contemplated and set forth in this act shall not be construed to exclude the use of any method or means or any agent, either tangible or intangible, by any person licensed to practise osteopathy for the treatment of disease in the human subject; provided that no person so licensed to practise osteopathy shall, by reason thereof, be authorized to administer drugs or medicines. Any person applying for a license to practise osteopathy shall first file with the treasurer a certified copy of such diploma and satisfactory evidence that the applicant is a fit and proper person to be so licensed to practise osteopathy, and file with the president of the board of health a certificate from the board of osteopathic examiners of California, certifying that the applicant has passed the required examination and is entitled to practise osteopathy in that State (Law 1905, No. 48, § 1). FEE. No license shall be granted under this section unless the applicant pay an annual fee of $10 (ib.). |