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demands of the public interest, will enable them effectually to maintain the distinctions of rank which have been hitherto preserved in this country. į It is true that the draft of a bill contemplates the mixing up of all ranks in one register. But, when every individual is distinguished in it by his proper medical titles, such a register will no more establish a one-faculty-system, than it is established by the present medical directories, against which no one has ever dreamed of bringing this charge. What, after all, is the contemplated register, but a perfected and authentic medical directory?
DRAFT BILL FOR AN ACT FOR REGULATING AND IMPROVING THE MEDICAL
PROFESSION. Whereas it is not expedient for the public interest that any person shall be permitted to practise the medical profession without being duly qualified:
And whereas it is not consistent with the equal privileges of the subjects of a United Kingdom that persons held qualified to practise in one part, be prohibited from doing so in another part, of such United Kingdom :
And whereas the laws now in force concerning the medical profession require to be amended :
Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this Parliament assembled, and by authority of the same
1. That the several acts of Parliament mentioned in Schedule A, hereunto annexed, shall be, and the same are hereby repealed, in so far as the same are not consistent with this act, and as may be requisite for giving full effect to all the provisions herein contained.
2. That the words following shall have the signification hereby given to them, unless there be anything in the context repugnant to such signification :“ Medical Practice,” or “ Medical Profession," shall include and signify the practice of “ Medicine, Surgery, Midwifery, and Pharmacy ;" “ Medical" shall include “ Surgical ; " " Council" shall signify the medical council constituted under this act; “ Registrar," “ Secretary," and “ Treasurer,” shall signify, respectively, the registrar, secretary, and treasurer for the time to the said council in England, or in Scotland, or in Ireland, as the case may be.
3. That a council shall be established, which shall be styled, " The Medical Council for the United Kingdom ;" which council shall consist of one of her Majesty's principal Secretaries of State, and of twelve members of the medical profession, of whom six shall be resident in England, three shall be resident in Scotland, and three shall be resident in Ireland : That all of said twelve members shall be appointed by her Majesty, with the advice of her privy council ; that four members of such council shall be a quorum; and that the appointinents of all the first members of such council shall be made within three months after the passing of this act. • 4. That one of her Majesty's Secretaries of State shall always be a member of council, and be the president of the council, in virtue of his office; and that every other member of said medical council shall be entitled to be a member thereof for three years, and shall then go out of office, but may forth with be reappointed; and that, upon every vacancy among these other inembers, such vacancy shall be forthwith filled up by her Majesty, with the advice of her privy council--the new member being chosen for England, Scotland, or Ireland respectively, in such manner as at all times to maintain the above proportion of members from these respective parts of the kingdom.
5. That to the extent hereinafter mentioned, the carrying into effect the powers and duties by this act vested in the said medical council, may be devolved by such council upon the sub-councils for England, Scotland, and Ireland respectively, hereinafter mentioned.
6. That the said medical council shall, as soon as may be after the same has been appointed, meet in London at such place and time as shall be appointed
by one of her Majesty's secretaries of state, by notice given to the various members; that the council shall from their own body elect a vice-president; and that besides having a vote as a member, the president, or in his absence such vice-president, shall, in the event of an equality of votes, have an additional or casting vote in all matters; and that, subject to this provision, every question brought before the council shall be decided by a majority of votes of those present at the meeting.
7. That within three months of its appointment, the said medical council shall determine the course of study and amount of examination, without which no one shall be permitted to enter upon medical practice, and also to fix the age under which certificate or license to practise shall not be given, That the whole matters as to amount of study, examination, and age, shall be reconsidered by the medical council at least once in every three years; and that their determination thereon shall remain in force until the same be altered by the council.
8. That the degrees, or diplomas, or licenses, as physicians, or surgeons, or apothecaries, of all the universities in Great Britain and Ireland, and other corporations within the kingdom, at present authorised to confer such (and which several universities and corporations are named in Schedule B hereunto annexed), shall be recognised by the council as qualifications for registration with a view to practice ; provided that, as to all persons entering on medical practice after the passing of this act, the requirements established by the council as to course of study, the mode and extent of examination, and age, shall have been fulfilled by the said universities and corporations, excepting in so far as the same shall have been dispensed with by the council, in favour of medical students whose medical studies were commenced before the passing of this act.
9. That it shall be lawful for the said medical council to make regulations for dispensing with such parts of the study and exainination fixed under this act as to thein shall seem fit, in favour of medical students whose medical studies were commenced before the passing of this act.
10. That, for the purposes of such examination, any two or more of the said corporations, whose examinations separately do not embrace the whole course of examination so to be prescribed, may, with the sanction of the said medical council, either combine and unite in making the examination, or may each inake their own part of the examination ; provided that, in the one way or in the other way, the whole of the prescribed examination shall take place by corporations named in said Schedule B.
11. That, in order to ensure efficiency and equality of examination, all the inembers of the medical council, or any person appointed by the medical council, or by one of the said sub-councils, shall have free access to all examinations of students or candidates, and to the records of such examinations, and shall also have right to accompany them to hospitals or infirmaries.
12. That if, at any time, the council shall be satisfied that any university or corporation is not complying with and carrying into effect each and all of the requirements previously established by the council as aforesaid, or is granting, conferring, or issuing degrees, diplomas, or licenses without such requirements having been all complied with, the council shall be, and hereby is empowered and required, when and is often and so long as this occurs, to refuse to recognise as qualifications for registration each and all of the degrees, diplomas, or licenses granted, conferred, or issued by such university or corporation during the period when the requirements of the council were, or any of them was, not complied with: That all resolutions of the council with regard to these, or any of these matters, shall be entered in the minutes or record of the council, and be signed by the president of the meeting, or otherwise authenticated as the council shall direct ; and that a copy or extract, signed by the registrar, and sealed or stamped with the seal of the council, shall be evidence in all courts and places whatever, as well of such resolution and of such minute, as of all matters and facts therein embraced and stated.
13. That no degree, or diploma, or license already issued, and no degree, or diploma, or license to be hereafter issued by any body whatever, shall qualify or entitle the holder, after the 1st of June next after the passing of this act, to enter upon or continue medical practice within any part of the United Kingdom, until he shall have produced the same to the said medical council, or to one of said sub-councils, and until his name and residence, with his medical title or qualification, has been entered in the register, and a certificate, in terms of this act, has been obtained.
14. That a register shall be kept by the said medical council of the name and residence, as well as of the medical title or titles, and dates of such titles, granted by any of the universities or other corporations mentioned in Schedule B, of every medical practitioner who shall apply to be registered, and who, prior to the passing of this act, shall have obtained a degree or diploma in medicine or surgery, or license as an apothecary, from any of the aforesaid bodies authorised to confer such-and who shall produce such degree, or diploma, or license, or a duly attested certificate, or such other proof as shall be satisfactory to the said medical council or sub-council, of his having, prior to the passing of this act, obtained such degree, or diploma, or license, and of every person who shall so apply to be registered, who, after the passing of this act, shall obtain, and who shall produce the like degree, or diploma, or license, or such other proof as aforesaid, by any of the said universities or bodies mentioned in Schedule B. That such register shall be the warrant for certificates to be issued by the registrars as hereinafter provided ; and that the said medical council shall provide suitable books for such registration, which books or registers shall be the property of the council,and be kept and preserved for them in such places, and under such rules, as they may make or appoint.
15. That three books shall always be kept for such registration-one in England, one in Scotland, and one in Ireland. That the register in England shall be kept under the superintendence and control of the members of council resident in England, who shall form a sub-council for England, and meet in London. That the register in Scotland shall be kept under the superintendence and control of the members of council resident in Scotland, who shall form a sub-council for Scotland, and meet in Edinburgh; and that the register in Ireland shall be kept under the superintendence and control of the members of council resident in Ireland, who shall form a sub-council for Ireland, and meet in Dublin.
16. That registration as aforesaid may take place in England, or in Scotland, or in Ireland, as to any duly qualified practitioner resident in any of the colonies, or elsewhere beyond the United Kingdom : But that the original and every renewed registration of every practitioner resident in England and Wales, or in Berwick-upon-Tweed, the Channel Islands, or the Isle of Man, shall take place only in England; the like registrations of every practitioner resident in Scotland shall take place only in Scotland ; and the like registrations of every practitioner resident in Ireland shall take place only in Ireland ;—and that registrars shall not record or issue certificates except in conformity with these provisions : that each registered medical practitioner who shall come to reside within one of the said three parts or divisions of the United Kingdom different from that in which his prior registration took place, shall, at the annual registration occurring next after such change of residence, effect his registration with and obtain his certificate from the sub-council and registrar for that part of the United Kingdom within which the new residence of such practitioner is locally situated : that in order to obtain that registration, the practitioner shall produce to such sub-council and registrar the same evidence of qualification as is by this act made requisite for original registration, and shall also pay the like fee as is hereby made payable for the original registration and certificate.
17. That the said medical council shall appoint a fit and proper person to be their registrar and secretary, and the same or a different person to be their treasurer, who, besides holding these offices under the council, shall also be registrar, secretary, and treasurer for England under the sub-council for England: that the said medical council shall also appoint a registrar, secretary, and treasurer for Scotland, and a registrar, secretary, and treasurer for Ireland, and, for those various parts of the United Kingdom, shall also, from time to time, appoint such clerks and servants as they may deem necessary: that there shall be paid to each of such officers such yearly salary or remuneration as such council shall think fit; and each of such officers shall be removable at the pleasure of the council: that the council shall cause to be made a stal or seals for their use in the execution of this act, in each of the three divisions of the United Kingdom herein before mentioned, and shall cause to be sealed or stamped therewith all certificates issued by them in pursuance of this Act. That all certificates and other documents purporting to be signed by the registrar, and sealed or stamped with any such seal, shall be received as evidence in all courts and places whatsoever.
18. That for such registration in the first instance, and for the certificate thereof, whether original or upon change of residence as before provided, each applicant shall pay to the registrar, for behoof of the council, a fee of which fee shall be paid before the registration takes place; and that, for each subsequent annual registration and certificate, each applicant shall pay a fee of five shillings, which fee shall likewise be paid to the registrar for behoof of the council before registration.
19. That to every person who shall be registered in manner above provided, the registrar shall give a certificate, impressed with the seal of the council for that division of the United Kingdom to which he is attached, according to the form in Schedule D to this act annexed, and which certificate shall require to be renewed annually—it being hereby enacted, that the certificate first issued shall be in force till the first day of February inmediately following its date, and no longer.
20. That when such registration has once taken place, the registrar shall thereafter annually, upon demand, issue a certificate, also according to the form of Schedule D to this act annexed, to every person registered as aforesaid who shall apply for such certificate ; and such certificate shall bear dato on the day when the same shall be so issued, and shall continue in force until the first day of February then next ensuing, and no longer.
21. That each renewed or annual certificate so issued shall by the said respective registrars be duly recorded in the register, in the same way and form as the certificate first issued, but with such additional medical title or titles as the party may have subsequently acquired from any of the universities or other corporations before mentioned, stating in the register the name, residence, and njedical title or titles aforesaid, with the date thereof; and that during the month of February in each year the registrar in Scotland and the registrar in Ireland shall respectively furnish to the registrar of the said medical council a copy of the said record kept by him: And the registrar of the said medical council, being also registrar in England, shall, in the month of March in every year, cause to be printed a correct register, according to the form in Schedule to this act annexed, of the names, arranged alphabetically, with the respective residences and medical titles conferred as aforesaid, with the dates thereof, of all persons to whom certificates shall have been issued during the year then last past, according to the provisions of this act, and publish or furnish printed copies on such terms and in such way as the coun. cil may direct : And that a printed copy of the register, so published as afore, said, shall be evidence in all courts, and before all justices of the peace and others, that the persons therein specified have obtained certificates according to the provisions of this act ; and the absence of the name of any person from such printed copy shall be evidence, until the contrary be made to appeal, that such person has not obtained a certificate according to this act. 22. That every person who shall be registered, and shall possess a certificare force according to the provisions of this act, shall be entitled to practis
emedicine, surgery, midwifery, and pharmacy, throughout every part of the United Kingdom and of her Majesty's dominions. And that every person who shall be registered, and possess a certificate according to the provisions of this act shall be entitled to demand and recover in any court of law, with full costs of suit, reasonable charges for medical advice, visits, operations, and medicine, without any other license than such registry and certificate.
23. That all moneys received by the said respective registrars shall be paid over to the treasurer of the said medical council, and shall be applied to defray the expenses of carrying this act into execution, in such inanner as shall be directed by said medical council, with the sanction of one of her Majesty's secretaries of state: And that from the said moneys there shall be paid to the members of said council, and to persons appointed by them to attend examinations, such reasonable expenses, incurred by them in performance of their duties under this act, not exceeding three guineas for each attendance, and also such reasonable allowance for mileage as shall from time to time be fixed by said council : And if, after paying all such expenses, any surplus of said moneys shall reinain, such surplus shall be yearly applied for the founding and establishing of medical scholarships or prizes, or in promoting the advance of medical science and literature, in such manner as the inedical council shall determine.
24. That the said council shall, once in every year, publish a full account of their income and expenditure for the year then last past, and shall transmit a copy of such account to one of her Majesty's principal secretaries of state.
25. That after the 1st day of June 1855, no person shall be entitled to recover any charge in any court of law for any medical advice, attendance, or for the performance of any surgical operation, or for medicine prescribed by him, unless he shall prove upon the trial either that he is in possession of a certificate in force according to the provisions of this act, or that he was legally practising in the capacity in which he claims such charge at the time when the same was incurred.
26. That after the 1st day of June 1855, no person who does not possess a certificate in force, according to the provisions of this act, shall be capable of holding any appointment in any part of her Majesty's dominions in the capacity of a physician, surgeon, or other medical officer, in any hospital, infirmary, dispensary, lunatic or other asylum, lying-in hospital, gaol, penitentiary, house of correction, house of industry, parocbial or union workhouse or poorhouse, parish union, or other public establishment, body, or institution, or to any friendly or other society for affording mutual relief in sickness, infirmity, or old age. And that in any case in which by law the certificate of a medical man is required, a certificate by an unregistered person shall not be received.
27. That if any person shall, after the 1st day of June 1855, act as a medical practitioner in any part of the United Kingdom, without being duly registered according to the provisions of this act, and without having a. certificate as aforesaid in force at the time of his so practising or acting, he shall, on conviction before any magistrate having jurisdiction in the county, city, or place where the offence was committed, forfeit and pay a sum not exceeding five pounds, nor less than forty shillings, for every such offence, to be recoverable within six months next after the commission of the said offence.
28. That if any registrar under this act shall wilfully make or cause to be made any falsification in any matters relating to any register, certificate, or record aforesaid, every such offender shall be deemed guilty of a misdemeanour in England and Ireland, and in Scotland of a crime and offence; and shall on conviction thereof be sentenced to be imprisoned for any term not exceeding twelve months. , 29. That if any person shall procure, or attempt to procure, a certificate from any registrar, by making, or producing, or causing to be made or produced, any false or fraudulent degree, diploma, or license, or shall by any false