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A BILL [AS AMENDED BY THE SELECT COMMITTEE] TO ALTER AND AMEND THE LAWS REGULATING THE MEDICAL...

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694 THE NEW MEDICAL BILL. ment,- no superintendent can be liable to the penalties of the law for acting upon a principle recognised by some of the most eminent practitioners in lunacyin this country or abroad. Great stress was laid by Mr. BODKIN upon the construction of the bath. That such a construction ought to be condemned there iat no doubt. But why was it not condemned long ago ? The Commissioners are empowered to inspect asylums, and abolish what is wrong. Why had they not condemned it ? WE can state, on authority, that the Reform Committee of the Provincial Medical and Surgical Association, who met on Thursday last, resolved, after a lengthened consideration of the Medical Bill, as amended by the Select Committee of the House of Commons, to give their strenuous support to the measure. This resolve was, we believe, based on the convic- tion that the amended Bill, though not perfect in all its details, would, on the whole, afford a satisfactory foundation for effecting a settlement of the question of Medical Reform. A BILL [AS AMENDED BY THE SELECT COMMITTEE] TO ALTER AND AMEND THE LAWS REGULATING THE MEDICAL PROFESSION. . Preamble. —Whereas it i-. expedient to amend the laws re- lating to the medical profession: Be it therefore enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the autho- rity of the same, as follows: I. Sltort Title.-This Act may for all purposes be cited as’ The Medical Act, 1856." ... II. Repeccl of Acts.-From and after the passing of-this Act, the several Acts and parts of Acts set forth in the Schedule (A.), ), to the extent to which such Acts or parts of Acts are by such schedule expressed to be repealed, shall be repealed, except as to the recovery and application of any penalty for any offence which shall have been committed before the passing of this Act. III. (7oMKCt7 of Medical Education Establislecd.—A Council shall be established, which shall be styled " The Council of Medical Education of the United Kingdom," and shall consist of the president for the time being of the General Board of Health, and such twelve other persons as her Majesty, with the advice of her Privy Council, may appoint, of whom not less than nine shall be appointed from among persons qualified to be registered under this Act, not less than two of them being persons so qualified who are resident in Scotland, and not less than two of them being persons so qualified who are resident in Ireland. Of the persons to be so appointed by her Majesty, three shall be so appointed for a term of four years, three for a term of five years, three for a term of six years, and the remaining three for a term of seven years. ’ The said Council of Medical Education is hereinafter referred , to as " The Council. " . IV. Appointments to supply Vacancies, and Term of Office Of Persons so Appointed.—Upon every vacancy among the members of the Council appointed by her Majesty under this Act, her Majesty may, with the advice of her Privy Council, appoint a a person to fill such vacancy. Any person going out of office may be reappointed. ’ Every appointment on any such vacancy shall be so made as to keep up the whole number of members of the Coun- . cil qualified as aforesaid to not less than nine, and the number of such qualified members resident in Scotland and Ireland respectively to not less than two. . Every member appointed by her Majesty to fill a vacancy occasioned by the expiration of the term of office shall be I aDDointed for the term of fonr everv member appointed to supply the place of a member whose office has become void otherwise than by the expiration of his term of office shall be appointed for the remainder of the term of office of such last-mentioned member. The Council may act notwithstanding vacancies therein. V. Meetings of the Council. - Quorum. -The Council shall hold meetings from time to time, at such place and time as the President of the General Board of Health shall appoint, and all powers and duties vested in the Council may be exercised and performed at any such meeting at which not less than five members are present. VI. Chairiman.—The said president shall be the chairman, and shall from time to time nominate one of the other members .to be the vice-chairman of the Council, who shall act as chair- man in the absence of such president; provided that at any meeeting of the Council at which neither the chairman nor the vice-chairman is present, the members present shall elect out of their number a chairman for the occasion. VII. Questions, how determined.—At every meeting of the Council, all questions shall be determined by the majority of votes of members present and voting thereon, and in case of an equality of votes the chairman shall have a second or casting vote. VIII. Fees to Members of Council.-There shall be paid to the members of the Council, except to the President of the General Board of Health, such remuneration, and such reason. able travelling expenses as shall from time to time be appointed or allowed by the Commissioners of Her Majesty’s Treasury, out of any monies which may from time to time be provided by Parliament for that purpose. IX. Committees may he appointed by Council.—The Council shall have power to appoint committees of their own body, of such number, not less than three, as they may think fit, and to delegate to such committee, either generally or in relation to any specified part of the United Kingdom, such of the powers and duties vested in the Council as the Council may see fit, other than the powers to make general rules or regulations as to the course of study or examination; and any two of the members of any such committee shall be competent to exercise and perform the powers and duties delegated to such committee. X. Members of Council resident in Scotland and Ireland to be Members of Cominittee for those parts.-The members of the Council resident in Scotland shall be appointed members of every such committee appointed for or in relation to Scotland, and the members of such Council resident in Ireland shall be appointed members of every such committee appointed for, or in relation to Ireland. XI. Boards of Examiners.—For the examination of persons desirous of entering the medical profession after the lst day of December, 1856, there shall be established in England, Scot- land, and Ireland respectively, two boards of examiners, herein- after called respectively the "Preliminary Board" and the "Professional Board." Examiners in Preliminary and Professional Eclucation.- The preliminary board shall be established for the preli- minary examination in general education, and shall con- sist of such persons as the Council may from time to time appoint, and the examiners so appointed shall hold office during the pleasure of the Council, and receive such re- muneration as the Council shall direct; and no person other than a Graduate in Arts of some University of the United Kingdom, or of some foreign University approved by the Council, shall be entitled to present himself for examination before the professional board, unless he shall have received from the preliminary board a certificate of approval in such form as the Council may direct, for which certificate the person receiving it shall pay such fee as the Council shall appoint, not exceeding .65. The professional board shall be established for the examina- tion in professional education, and shall consist of examiners appointed as herinafter mentioned-that is to say, Bodies to appoint such Examiners. —The board for England of examiners to be appointed by the College of Physi- cians of London and by the College of Surgeons of Eng. land, and until the year 1865 by the Society of Apothe- caries of London respectively; and of examiners to be appointed by the Universities of Oxford, Cambridge, and London respectively. The board for Scotland of examiners to be appointed by the College of Physicians of Edinburgh, by the College of Surgeons of Edinburgh, and by the Faculty of Physicians
Transcript

694

THE NEW MEDICAL BILL.

ment,- no superintendent can be liable to the penalties of thelaw for acting upon a principle recognised by some of the mosteminent practitioners in lunacyin this country or abroad. Greatstress was laid by Mr. BODKIN upon the construction of thebath. That such a construction ought to be condemned thereiat no doubt. But why was it not condemned long ago ? The

Commissioners are empowered to inspect asylums, and abolishwhat is wrong. Why had they not condemned it ? .

-

WE can state, on authority, that the Reform Committee ofthe Provincial Medical and Surgical Association, who met onThursday last, resolved, after a lengthened consideration of theMedical Bill, as amended by the Select Committee of the

House of Commons, to give their strenuous support to themeasure. This resolve was, we believe, based on the convic-tion that the amended Bill, though not perfect in all its

details, would, on the whole, afford a satisfactory foundationfor effecting a settlement of the question of Medical Reform.

A BILL[AS AMENDED BY THE SELECT COMMITTEE]

TO

ALTER AND AMEND THE LAWS REGULATINGTHE MEDICAL PROFESSION.

. Preamble. —Whereas it i-. expedient to amend the laws re-lating to the medical profession: Be it therefore enacted bythe Queen’s most excellent Majesty, by and with the adviceand consent of the Lords Spiritual and Temporal, and Com-mons, in this present Parliament assembled, and by the autho-rity of the same, as follows:I. Sltort Title.-This Act may for all purposes be cited as’The Medical Act, 1856." ...

II. Repeccl of Acts.-From and after the passing of-this Act,the several Acts and parts of Acts set forth in the Schedule (A.), ),to the extent to which such Acts or parts of Acts are by suchschedule expressed to be repealed, shall be repealed, except asto the recovery and application of any penalty for any offencewhich shall have been committed before the passing of thisAct.III. (7oMKCt7 of Medical Education Establislecd.—A Councilshall be established, which shall be styled " The Council ofMedical Education of the United Kingdom," and shall consistof the president for the time being of the General Board ofHealth, and such twelve other persons as her Majesty, withthe advice of her Privy Council, may appoint, of whom notless than nine shall be appointed from among persons qualifiedto be registered under this Act, not less than two of thembeing persons so qualified who are resident in Scotland, andnot less than two of them being persons so qualified who areresident in Ireland.Of the persons to be so appointed by her Majesty, three

shall be so appointed for a term of four years, three for aterm of five years, three for a term of six years, and theremaining three for a term of seven years.

’ The said Council of Medical Education is hereinafter referred, to as " The Council. " .

IV. Appointments to supply Vacancies, and Term of OfficeOf Persons so Appointed.—Upon every vacancy among themembers of the Council appointed by her Majesty under thisAct, her Majesty may, with the advice of her Privy Council,appoint a a person to fill such vacancy.Any person going out of office may be reappointed.

’ Every appointment on any such vacancy shall be so madeas to keep up the whole number of members of the Coun-

. cil qualified as aforesaid to not less than nine, and thenumber of such qualified members resident in Scotland

- and Ireland respectively to not less than two. -. Every member appointed by her Majesty to fill a vacancy

occasioned by the expiration of the term of office shall be I- aDDointed for the term of fonr everv member

appointed to supply the place of a member whose officehas become void otherwise than by the expiration of histerm of office shall be appointed for the remainder of theterm of office of such last-mentioned member.

The Council may act notwithstanding vacancies therein.V. Meetings of the Council. - Quorum. -The Council shall

hold meetings from time to time, at such place and time as thePresident of the General Board of Health shall appoint, andall powers and duties vested in the Council may be exercisedand performed at any such meeting at which not less than fivemembers are present.

VI. Chairiman.—The said president shall be the chairman,and shall from time to time nominate one of the other members.to be the vice-chairman of the Council, who shall act as chair-man in the absence of such president; provided that at anymeeeting of the Council at which neither the chairman nor thevice-chairman is present, the members present shall elect outof their number a chairman for the occasion.

VII. Questions, how determined.—At every meeting of theCouncil, all questions shall be determined by the majority ofvotes of members present and voting thereon, and in case of anequality of votes the chairman shall have a second or castingvote.

VIII. Fees to Members of Council.-There shall be paid tothe members of the Council, except to the President of theGeneral Board of Health, such remuneration, and such reason.able travelling expenses as shall from time to time be appointedor allowed by the Commissioners of Her Majesty’s Treasury,out of any monies which may from time to time be provided byParliament for that purpose.

IX. Committees may he appointed by Council.—The Councilshall have power to appoint committees of their own body, ofsuch number, not less than three, as they may think fit, and todelegate to such committee, either generally or in relation toany specified part of the United Kingdom, such of the powersand duties vested in the Council as the Council may see fit,other than the powers to make general rules or regulations asto the course of study or examination; and any two of themembers of any such committee shall be competent to exerciseand perform the powers and duties delegated to such committee.X. Members of Council resident in Scotland and Ireland to

be Members of Cominittee for those parts.-The members of theCouncil resident in Scotland shall be appointed members ofevery such committee appointed for or in relation to Scotland,and the members of such Council resident in Ireland shall beappointed members of every such committee appointed for, orin relation to Ireland.

XI. Boards of Examiners.—For the examination of personsdesirous of entering the medical profession after the lst day ofDecember, 1856, there shall be established in England, Scot-land, and Ireland respectively, two boards of examiners, herein-after called respectively the "Preliminary Board" and the"Professional Board."

Examiners in Preliminary and Professional Eclucation.-The preliminary board shall be established for the preli-minary examination in general education, and shall con-sist of such persons as the Council may from time to timeappoint, and the examiners so appointed shall hold officeduring the pleasure of the Council, and receive such re-muneration as the Council shall direct; and no personother than a Graduate in Arts of some University of theUnited Kingdom, or of some foreign University approvedby the Council, shall be entitled to present himself forexamination before the professional board, unless he shallhave received from the preliminary board a certificate ofapproval in such form as the Council may direct, forwhich certificate the person receiving it shall pay suchfee as the Council shall appoint, not exceeding .65.

The professional board shall be established for the examina-tion in professional education, and shall consist of examinersappointed as herinafter mentioned-that is to say,

Bodies to appoint such Examiners. —The board for Englandof examiners to be appointed by the College of Physi-cians of London and by the College of Surgeons of Eng.land, and until the year 1865 by the Society of Apothe-caries of London respectively; and of examiners to beappointed by the Universities of Oxford, Cambridge, andLondon respectively.

The board for Scotland of examiners to be appointed bythe College of Physicians of Edinburgh, by the College ofSurgeons of Edinburgh, and by the Faculty of Physicians

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and Surgeons of Glasgow respectively; and of examinersto be appointed by the Universities of Edinburgh andGlasgow respectively, and by the two Universities ofAberdeen conjointly.

The board for Ireland of examiners to be appointed by theCollege of Physicians of Ireland, by the College of Sur-geons of Ireland, and until the year 1865 by the Governorand Company of the Apothecaries’ Hall of Dublin respec-tively ; and of examiners to be appointed by the Univer-sity of Dublin and by the Queen’s University respectively.

Any person who shall have passed the examination of theprofessional board to the satisfaction of the Council shallbe entitled to a certificate of his qualification to practise insuch form as the Council may direct, for which certificatethe person receiving it shall pay such fee as the Councilshall from time to time appoint, not exceeding ;;825; andall monies so received by any of the said boards under theprovisions of this section shall be paid to the treasurer ofthe Council.

XII. N umbe1’ of Exarniners are to be determined by theCouncil.—The Council shall determine the total number ofexaminers to constitute the professional board for each part ofthe United Kingdom, and may from time to time alter any such-total number, and shall determine, and may from time to timealter the proportions in which the several appointing bodies inthe last section preceding mentioned shall appoint the exa-miners constituting any such board, and the branches of scienceand practice for which such several bodies shall appoint.

XIII. Council to make Rules concerning Examinations.-TheCouncil shall make from time to time such rules as they thinkfit, as to the age and times at which candidates shall be ad-missible to the respective examinations under this Act, and asto the subjects or branches of education, science, and practicein relation to which such examinations shall be had, and as tothe degrees of proficiency, and the certificates of characterwhich they shall be required to produce, which candidatesshall be required to have attained in order to be entitled tocertificates from the respective Boards of Examiners, and as tothe course of study which candidates shall be required to havepursued previous to admission to the professional examination,and as to the time, place, and manner of holding such respectiveexaminations, and as to such other matters as are placed underthe direction of the Council by this Act; and all rules to bemade by the Council under this Act shall be laid before bothHouses of Parliament within one month after the makingthereof, if Parliament be sitting, or if Parliament be not sitting,then within one month after the next meeting of Parliament.XIV. Appointments Annual, if omitted, to be made by the

Council.-The several examiners shall be appointed in eachyear, at such time as the Council shall direct, casual vacanciesshall be filled up by the bodies having the right of appointmentwith all convenient speed after the happening thereof, andevery examiner, whether appointed at the yearly appointment,or to supply a casual vacancy, shall go out of office at the nextyearly time of appointment, but may be re-appointed: Providedalways, that if at any time any of the above-mentioned bodiesdecline to appoint examiners or fail to make such appointmentas aforesaid within a period of one month from the time atwhich they are directed to make it, or from the time at whichany such casual vacancy shall occur, the Council may appointexaminers instead of those so omitted to be appointed, and theexaminers so appointed by the Council shall receive such re-muneration as the Council shall direct.

XV. List of Examiners to be furnished.-The bodies havingright of appointment shall furnish to the Council within a weekof the appointment of examiners a list of the examiners so ap-pointed, and no appointment of an examiner shall be validunless it be so notified to the Council.

XVI. Couigcil may be present at L’xaminatioazs.-The mem-bers of the Council and any person deputed by the Council,and anyone registered under this Act, shall have free access toall examinations conducted by the professional Boards.

XVII. New Charter may be granted to the College of Phy-sicians of London.—It shall be lawful for her Majesty to grantto the Corporation of the Royal College of Physicians of Londona new Charter, and thereby to give to such Corporation thename of " The Royal College of Physicians of England," andto make such alterations in the constitution of the said Corpora-tion as to her Majesty may seem expedient; and it shall belawful for the said Corporation to accept such Charter under

their common seal, and such acceptance shall operate as a sur-render of all Charters heretofore granted to the said Corpora-tion, except the Charter granted by King Henry the Eighth,and shall also operate as a surrender of such Charter and as arepeal of the Act of the Session holden in the fourteenth andfifteenth years of King Henry the Eighth, chapter five, con-firming the same so far as such Charter and Act respectivelymay be inconsistent with such new Charter.

XVIII. New Charters may be granted to Colleges of Phy-sicians and Surgeons of Edarzlwrgh, so as to include the Facultyof Physicians and Surgeons of Glasgow.—It shall be lawful forher Majesty to grant to the respective Corporations of theRoyal College of Physicians of Edinburgh and the Royal Collegeof Surgeons of Edinburgh new Charters, and thereby to give tothe said College of Physicians the name of " The Royal Collegeof Physicians of Scotland," and to the said College of Surgeonsthe name of "The Royal College of Surgeons of Scotland," andto make such alterations in the constitution of the said Corpora-tions as to her Majesty may seem expedient, such new Chartersto constitute or provide for constituting every member of theCorporation of the Faculty of Physicians and Surgeons ofGlasgow a member either of such College of Physicians of.Scotland or of such College of Surgeons of Scotland, with thesame rights, privileges, and advantages as shall be given tomembers of the said College of Physicians and Surgeons ofEdinburgh respectively, and it shall be lawful for the saidColleges and Faculty respectively, under their respectivecommon seals, to accept such new Charters, and such accept-ance shall operate as a surrender of all Charters heretoforegranted to the said several Corporations, and thenceforth theexaminers who would have been appointed from time to timeunder this Act by the Faculty of Physicians and Surgeons ofGlasgow shall be appointed in equal proportions by the saidCollege of Physicians of Scotland and College of Surgeons ofScotland.

XIX. Charters not to contaiii Restrictions in the Practice ofPhysic or SU1’ge1’y.-Provided always, that nothing herein con-tained shall extend to authorize her Majesty to create any re-striction in the practice of physic or surgery, or to grant to anyof the said Corporations any powers or privileges contrary tothe common law of the land, or to the provisions of this Act,and that no such new Charter shall in anywise prejudice,affect, or annul any of the existing Statutes or Bye-laws of theCorporations to which the same shall be granted, further thanshall be necessary for giving full effect to the alterations whichshall be intended to be effected by such new Charters and bythis Act to the constitution of such Corporation.XX. Appointmcnt of Registrar, Assistant-Registrars, and

other Officers. —The President of the Board of Health shall fromtime to time appoint, from among persons qualified to be re-gistered under this Act, a medical registrar for the UnitedKingdom, and one assistant medical registrar for Scotland, andone assistant medical registrar for Ireland, and also shall ap-point a treasurer, and such clerks and other officers as the saidPresident of the Board of Health may deem necessary, andmay from time to time remove any registrar or other person soappointed; and the salaries of the said registrar, assistant-registrars, clerks, and other officers shall be fixed from time totime by the said President of the Board of Health, with theapproval of the Commissioners of her Majesty’s Treasury, andshall be paid, together with all reasonable expenses incurredby the medical registrar in the execution of his duties underthis Act, out of any monies which may from time to time beprovided by Parliament for that purpose.XXI. Registrar to keep an Alphabetical Register of Medical

Practitioners.—The said registrar shall keep a general registerof medical practitioners, in which shall be entered the nameand place of residence and date of registration of every regis-tered person, and the qualification or qualifications in respectwhereof he is registered; the name and situation of the body,university, or college from which the qualification is derived;and such other particulars in relation to such qualification Orqualifications as the Council by their rules shall from time’’totime direct; and upon notice being given by any registeredperson of any change in his name and designation or place ofresidence, the said registrar shall amend the register accord-ngly.XXII. Registration of Persons in Practice before the 1st

December, 1856.--Every person who before the first day ofDecember, 1856, is possessed of any one or more of the qualifi-cations described in the Schedule (B) shall be entitled to beregistered according to his qualification or qualifications, ’on

696

producing, before the first day of January, 1857, to the medicalregistrar, or to the assistant medical registrars in Scotland orIreland, the document conferring or evidencing the qualificationor each of the qualifications in respect whereof he seeks to beso registered ; or if he be a person who was actually practisingmedicine in England and Wales prior to the first day of August,1815, on signing a declaration according to the form in Schedule(C), or upon transmitting, before the said first day of January,1857, by post, to the medical registrar or one of such assistantmedical registrars information of his name and address, and ofthe qualification or qualifications, including such declaration asaforesaid, in respect whereof he seeks to be registered, and ofthe time or times at which the same was or were respectivelyobtained: Provided always, that it shall be lawful for theseveral Colleges and other bodies mentioned in the said Schedule(B) to transmit to the said registrar before the said first day ofJanuary, 1857, lists certified under their respective seals of theseveral persons who, in respect of qualifications granted hysuch colleges and bodies respectively before the said first dayof December, 1856, are entitled to be registered under thisAct, stating the respective qualifications and places of residenceof such persons; and it shall be lawful for the registrar there-upon to enter on the register the persons mentioned in suchlists, with their qualifications and places of residence as therein.stated, without other application in relation thereto ; providedalso, that any person possessed before the said first day ofDecember, 1856, of any such qualification as aforesaid, whodoes not make application as aforesaid to be registered beforethe first day of January, 1857, and who has not been includedin any list transmitted as aforesaid, shall upon such productionor transmission by him as herein-before mentioned be entitled,upon payment of a sum of .62, to be registered according to hisqualification or qualifications.XXIII. As to Registmtion by Assistant-Registrars.—Where

any person entitled to be registered under this Act applies toeither of the assistant medical registrars for that purpose, suchassistant-registrar shall forthwith enter in a local register, to bekept by him for that purpose, the like particulars in relation tosuch person as are herein-before required to be entered in thegeneral register, and shall with all convenient speed send tothe medical registrar a copy, certified under the hand of suchassistant-registrar, of the entry so made, and the medical re-gistrar shall forthwith cause the same to be entered in thegeneral register; and the entry on the general register shallbear date from the local register.XXIV. Evidence of Qualification to be given before Registra-

tion.-No qualification shall be entered on the register, eitheron the first registration or by way of addition to a registeredname, unless the medical registrar or the assistant medical re-gistrar, as the case may be, be satisfied by the proper evidencethat the person claiming is entitled to it; and any appeal fromthe decision of the registrar or assistant-registrar may be de-cided by the Council, or by the several committees of theCouncil appointed to act for this purpose in England, Scotland,and Ireland fespectively; and any entry which shall be provedto the satisfaction of such Council or committees of the Councilto have been fraudulently or incorrectly made, may be erasedfrom the register by order, in writing, of such Council or com-mittees of the Council.

XXV. Register to be publislted. —The registrar shall in everyyear cause to be printed, published, and sold, under the direc-tion of the Council, a correct register, in alphabetical order,according to the surnames, in the form in Schedule (D), of thenames, places of residence, and other particulars hereinbeforerequired of all persons appearing on the general register as ex-isting on the first day of January in every year; and suchregister shall be called " The Medical Register;" and a copyof the medical register for the time being, purporting to be soprinted and published as aforesaid, shall be evidence in allcourts and before all justices of the peace and others that thepersons therein specified are registered according to the pro-visions of this Act; and the absence of the name of any personfrom such copy shall be evidence, until the contrary be madeto appear, that such person is not registered according to theprovisions of this Act: Provided always, that in the case ofany person whose name does not appear in such copy, a certifiedcopy under the hand of the medical or assistant medical re-gistrar of the entry of the name of such person on the generalor local register shall be evidence that such person is registeredunder the provisions of this Act.XXVI. Certificate from Medical Examiners to entitle to

Regi8ti-at,ion as a " Licentiate in Medicine and Sujrgery"

Every person who shall receive t certificate of his qualification’ to practise under the provisions of this Act shall be entitled to. be registered in the register of medical practitioners as a

" licentiate in medicine and surgery," upon the production ofsuch certificate to the medical registrar or to one of the saidassistant medical registrars.XXVII. Rights of Persons registered under Qualifications

existing before the 1st of Deceinbe?-, 1856.—Every person regis-tered in respect of any qualification possessed by him before

the first day of December, 1856, shall be entitled in every partof the United Kingdom to practise according to the nature of

his qualification.XXVIII. Right of Licentiate in Medicine and Surgery.—

Every person registered as a licentiate in medicine and surgeryshall have the right to practise in medicine, surgery, mid-wifery, and pharmacy in every part of the United Kingdom.XXIX. Right of existing Practitioners to be registered as

Licenteates in Medicine and Surgery in certain Cases.—Everyperson entitled to be registered in respect of any qualificationas a surgeon existing on or before the first day of December,1856, and also to be registered in respect of any qualificationthen existing as an apothecary may, if he think fit, requiredto be registered as licentiate in medicine and surgery.XXX. Right conferred by Complementary Examioation.--

Every person who before the lst day of December, 1856, shallhave been registered in respect of one only of such qualifi-cations in the last preceding section mentioned, and who shallhave subsequently passed such complementary examination asthe Council shall direct before any professional board, and haveobtained such complementary certificate as the Council shalldirect, for which he shall pay such fee as the Council shalldetermine, not exceeding £ 12, shall be entitled to alter hisqualification in the register to that of licentiate in medicineand surgery.XXXI.Names struck off from Ligt of College to be erased

from Register.-If any of the said colleges or the said facultyat any time exercise any power they possess by law of strikingoff from the list of such college or faculty the name of anyone of their members, such college or faculty shall signify tothe medical registrar the name of the member so struck off;and the medical registrar shall erase forthwith from the registerthe qualification derived from such college or faculty in respectof which such member was registered, and the registrar shallnote the same therein.

XXXII. Mµedical P2-actitioi?ers convicted of Felony May bestruck off the Register:—If any registered medical practitionershall be convicted in England or Ireland of any felony or mis-demeanour, or in Scotland of any crime or offence, the Councilmay, if they see fit, direct the registrar to erase the name ofsuch medical practitioner from the register.XXXIII. No Right to Registration except such as conferred

by this Act.-No person not possessed before the said first dayof December, 1856, of one or more of the qualifications men-tioned in Schedule (B) shall be entitled to be registered underthis Act unless he shall produce the certificate hereinbeforerequired to entitle him to be registered under this Act as alicentiate in medicine and surgery.XXXIV. Registered Persons may have subsequent Quali-

fications inserted in the Register. —Every person registeredunder this Act who may at any time have obtained the degreeof bachelor of medicine or doctor of medicine in any universityof the United Kingdom, or become a fellow or licentiate of acollege of physicians of the United Kingdom, or a fellow of acollege of surgeons of the United Kingdom, or a fellow of thefacnlty of physicians and surgeons of Glasgow, shall be en-titled to have such additional qualification inserted in theregister.XXXV. Ui2registereel Persons not to hold certain Ap-

pointments.—After the first day of January, 1857, no personshall hold any appointment as a physician, snrgeon, or othermedical officer, either in the military or naval service, or inemigrant or other vessels, or in any hospital, infirmary, dis-

pensary, or lying-in-hospital, not supported wholly by volun-tary contributions, or in any lunatic asylum, gaol, penitentiaay,house of correction, house of industry, parochial or unionworkhouse or poorhouse, parish union, or other public esta-blishment, body, or institution, or to any friendly or othersociety for affording mutual relief in sickness, infirmity, or oldage, or as a medical officer of health, unless he be registeredunder this Act.

697

XXXVI. No Certificate to be Valid unless Person Signingbe Registered.-After the 1st day of January, 1857, no certifi-cate required by any Act now in force, or that may hereafterbe passed from any physician, surgeon, licentiate in medicineand surgery, or other medical practitioner, shall be valid unlessthe person signing the same be registered under this Act.XXXVII. Application of Monies Received by Treasurer.—

All monies received by the treasurer arising from fees to bepaid on examination, and on registration from the sale of regis-ters, from penalties, or otherwise, shall be applied as follows :-

Ist.-For such expenses of registration and of the execu-tion of this Act as are not otherwise provided for.2nd.-For the payment of the several examiners appointed

by the council.3rd.-For division among the several bodies appointing the

examiners of the professional boards, in such proportion as theCouncil, having reference to the number and employment ofexaminers by such bodies respectively appointed, shall fromtime to time determine.4th.-For payment in such proportion as the Council shall

from time to time determine, in aid of the museums or otherscientific and professional objects of the several Royal Col-leges of Physicians or Surgeons, and of the Faculty of Physi-cians and Surgeons of Glasgow.XXXV III. Advance of Monies by the Commissioners of her

Majestg’s Treasurg.—It shall be lawful for the Commissioners of i

her Majesty’s Treasury from time to time to advance and pay out Iof such monies as may be provided by Parliament for this pur-pose, such monies as may be required for the expenses incurredby or under the authority of the Council in the execution of thisAct in the meantime, until sufficient money for that purposeshall be received from the fees payable under this Act.XXXIX. Accounts to be Published.—The treasurer of the

Medical Council shall enter, in books to be kept for that pur...pose, a true account of all sums of money by him received andpaid, and such accounts shall, in the months of June andDecember in every year, be submitted by him to the MedicalCouncil, and if the said accounts be found to be correct, thepresident shall sign the same, and they shall be laid before bothHouses of Parliament in the month of January in every year,if Parliament be sitting, or if Parliament be not sitting, thenwithin one month after the next meeting of Parliament.XL. P7tai-inacopc3ia. -The Medical Council shall cause to

be published, under their direction and authority, a book con-taining a list of medicines and compounds, and the manner ofpreparing them, together with the true weights and measuresby which they are to be prepared and mixed, and containingsuch other matter and things relating thereto as the MedicalCouncil shall think fit, to be called "British Pharmacopœia ;’’and the Medical Council shall alter, amend, and cause to berepublished such pharmacopœia as often as they shall deem itnecessary.XLI. Privilegcs of Registcrecl Persons.—Every person re-

gistered under this Act shall be entitled to demand, and recoverin any court of law, with full costs of suit, reasonable chargesfor medical and surgical aid, advice, visits, and medicine ren-dered or supplied by him to his patients.XLII..None but Registered Persons to Recover Charges.-

After the lst day of January, 1857, no person shall be entitledto recover any charge in any court of law for any medical orsurgical advice, attendance, or for the performance of anyoperation, or for any medicine prescribed, administered, or

supplied by him, unless he shall prove upon the trial that heis registered under this Act.XLIII. rnterpretation of IVo2,ds.-After the 1st day of

January, 1857, the words "legally qualified medical practi-tioner," or " duly qualified medical practitioner," or any wordsimporting a person recognized by law as a medical practitioner,when used in any Act of Parliament, shall be construed tomean a person registered under this Act.XLIV. Wilful Falsification of Register.-Any medical or

assistant medical registrar who shall wilfully make, or cause tobe made, any falsification in any matters relating to the regis-ter, shall be deemed guilty of a misdemeanour in England orIreland, and in Scotland of a crime or offence, and shall, onconviction thereof, be sentenced to be imprisoned for any termnot exceeding twelve months..XLV. Penalty for .Falsely Pretending to be a Registered

Person.-Every person who shall wilfully and falsely pretendto be, or take or use the name or title of a physician, doctorof medicine, licentiate in medicine and surgery, bachelor ofmedicine, surgeon, or apothecary, or any name, title, addition,or description implying that he is registered under this Act, orthat he is recognized by law as a licentiate in medicine andsurgery, physician, or surgeon, or apothecary, or a practitionerin medicine, shall, on being summarily convicted of every suchoffence before any two justices of the peace for the county,city, or place, or in Scotland before a sheriff of the county, orbefore the justice of the peace court for the district in whichthe offence was committed, pay a sum not exceeding £ 20, norless than £ 5, to be recoverable as hereinafter described, togetherwith all costs.

XLVI. How Pezzalties are to be Recovered.—Any twojustices of the peace acting in and for the county, city, or place,or in Scotland, a sheriff of the county, or the Justice of PeaceCourt for the district in which the offence has been committed,may hear and determine any complaint made under the nextpreceding clause, on the oath of one or more witnesses, or bythe confession of the accused party, and shall award the penaltyor punishment herein awarded for such offence; and in everycase of the adjudication of a pecuniary penalty and of nonpay-ment thereof, it shall be lawful for the said justices, or in Scot--land, for the said sheriff or Justice of Peace Court, to committhe offender to any gaol or house of correction within his juris-diction for a term not exceeding six calendar months, the im-_prisonment to cease on the payment of the sum due.

XL VII. Penalty for obtaining Registration by Falge.Rep2-c-seiztatioi?s.-If any person shall wilfully procure or attempt toprocure himself to be registered under this Act, by making orproducing, or causing to be made or produced, any false orfraudulent representation or declaration, either verbally or inwriting, every such person so offending, and every personaiding and assisting him therein, shall be deemed guilty of amisdemeanour in England and Ireland, and in Scotland of acrime and offence, and shall, on conviction thereof, be sen-tenced to be imprisoned for any term not exceeding twelvemonths.

XLVIII. Application of Percelties.-Any sum or sums ofmoney arising from conviction and recovery of penalties asaforesaid shall be paid to the treasurer of the Medical Council.XLIX. Reyistered Persons exempted from serving on Juries,.

&c. —Every person who shall be registered under the provisionsof this Act shall be exempt, if he shall so desire, from servingon all juries and inquests whatsoever, and from serving allcorporate, parochial, ward, hundred, and township offices, and-from serving in the militia, and the name of such person shall-not be returned in any list of persons liable to serve in the.militia, or in any such office as aforesaid.

L. Provision for Persons practising in t72 e C’olonies and forStudents;—It shall be lawful for the Medical Council to makeregulations for dispensing with.,6-,ich provisions of this Act asto them shall seem fit in favour of persons now practisingmedicine or surgery out of the United Kingdom, by virtue ofany of the qualifications enumerated in Schedule (B.); and alsoin favour of persons who, after due examination, shall haveobtained any foreign or colonial diploma or degree which, inthe country where such diploma or degree has been granted,:would entitle the holder to practise medicine or surgery; or infavour of such foreign medical practitioners as may at the timeof the passing of this Act be holding any medical appointmentin any hospital or public institution; and also in favour of anysurgeons or assistant-surgeons in the army, navy, or militia;.and also in favour of medical students who shall have com-menced their professional studies before the passing of this.Act.

LI. Notice of Death of Medical Practitioners to be given byRegistrar.3. -Every registrar of deaths in the United Kingdom,on receiving notice of the death of any medical practitioner,shall forthwith transmit by post to the medical registrar a’certificate under his own hand of such death, with the particu.lars of time and place of death, and may charge the cost of suchcertificate and transmission as an expense of his office, and onthe receipt of such certificate the medical registrar shall erasethe name of such deceased medical practitioner from theregister.

LII. Chemists, &c., not to be affected.—Nothing in this Actcontained shall extend or be construed to extend to prejudiceor in any way to affect the lawful occupation, trade, or businessof chemists and druggists.

698

SCHEDULE (A.)

Of Acts and Parts of Acts to be repealed.

Date of Act. ,

3.H. 8. c. 11,

5 H.8.c.6.

32 H. 8. e. 40.

32 H. 8. e. 40.34 & 35 H. 8. c. 8.

1 M. sess. 2. c. 9.

6 & 7 W. 3. c. 4.

18 G. 3. e. 15.

S5 G. 3. c. 194.

16 G. 4. c. 50.

13 &- 14 Viet. c. 20.Local&Persona,l.)

- Title.An Act for the Appointing

Physicians and Surgeons.An Act concerning Surgeons

to be discharged of Questsand other Things.

For Physicians and theirPrivilege.

For Barbers and Surgeons.A Bill that Persons, beingno common Surgeons, mayminister Medicines not-withstanding the Statute.

An Act touching the Corpo-ration of the Physicians inLondon.

An Act for exempting Apo-thecaries from serving theOffices of Constable, Sea-venger, and other Parishand Ward Offices, and fromserving upon Juries.

An Act for making the Sur-geons of London and theBarbers of London Twoseparate and distinctCorporations.

An Act for better regulatingthe Practice of Apothe-caries throughout Englandand Wales.

An Act for consolidatingand amending the Lawsrelative to Jurors andJuries.

An Act for better regulatingthe Privileges of theFaculty of Physicians andSurgeons of Glasgow, andamending their Charter of

i Incorporation.

Extent of Repeal.

The whole.

The whole.

Sections 1 and 3.

The whole.The whole.

The whole.

The whole.

Sections 1, 2, 3, 4, 5, 6,7,8,9, 10, 11.

Sections 7, 8, 9, 10, 11, 12,13, 14, 15, 16, 17,18,19,20,21,22,23,24.

So much of Section 2 as re-lates to the Exemptionof Medical Practitioners.

Section 3.

SCHEDULE (B).1. Fellow, Licentiate, or Extra Licentiate of the Royal Col-

lege of Physicians of London.2. Fellow or Licentiate of the Royal College of Physicians

of Edinburgh.3. Fellow or Licentiate of the King’s and Queen’s College of

Physicians of Ireland.4. Fellow or Member of the Royal College of Surgeons of

England. _

5. Fellow or Licentiate of the Royal College of Surgeons ofEdinburgh.

6. Fellow or Licentiate of the Faculty of Physicians andSurgeons of Glasgow.

7. Fellow or Licentiate of the Royal College of Surgeons inIreland.

8. Licentiate of the Society of Apothecaries, London.9. Licentiate of the Apothecaries’ Hall, Dublin.10. Doctor, or Bachelor, or Licentiate of Medicine, or Master

in Surgery of any University of the United Kingdom.11. Doctor of Medicine of any Foreign University, prac-

tising as a Physician in the United Kingdom at the time of thepassing of this Act, who shall-produce certificates of his havingtaken his degree of Doctor of Medicine after regular exami-nation, and of having resided during a period of not less thantwo years in some University previous to the taking of suchdegree.

SCHEDULE (C).Declaration required of a Person who claims to be registered as a

Medical Practitioner, upon the ground that he was in Prac-tice as a Medical Practitioner before the first day of August,1815:-

To the Registrar of the Medical Council.I, , residing at , in the countyof , hereby declare that I was practising as amedical practitioner, at , in the county of ,

before the first day of August, 1815.(Signed) [Name].

Dated this day of 185 .

SCHEDULE (D.).The Medical Register for the United Kingdom of Ureat Britain

and Ireland, consisting of the Names and Places of Resi·dence, with a Description of the Medical Titles or Qualifca-tions, and the Dates thereof, of all Person,s legally qualified torpractise Medicine in the United Kingdom in the Year 18 . .

ENGLAND.

Name.Medical Title or Qualification. -1 Place of Residence.I Date ofRegistration.A. A.

B. A.

C. A.

D. A.

Doctor of Medicine of the Uni-versity of London, 1851.

Licentiate of the Apothecaries’ iSociety of London, 1848; Mem- ber of the Royal College ofSurgeons of England, 1843.

Doctor of Medicine of the Uni-versity of Cambridge, 1840;Fellow of the Royal College ofPhysicians of London, 1850.

Licentiate in Medicine and Sur-gery, 1857.

30, Brook street,London.

100, Headlam-square,Newcastle.

20, Grosvenor-street,London.

33, Cowper’s-court,London.

Jan. I, 1857.

SCOTLAND.

A. A.

B.A.

C. A.

Doctor of Medicine of Universityof Glasgow, 1850.

Licentiate in Medicine and Sur-gery, 1857; Fellow of the RoyalCollege of Physicians, Edin-burgh, 1858.

Doctor of Medicine of Universityof Edinburgh, 1840; Fellow ofRoyal College of Surgeons,Edinburgh, 1846.

11, Buchanan-street,Glasgow.

13, Elcho-place,Edinburgh.

1, Craufurd-street,Ayr.

M

is

IRELAND.

A. A.

B. A.

C.A.C. A. I

Licentiate in Medicine and Sur-gery, 1857; Fellow of RoyalCollege of Surgeons in Ireland,1860.

Licentiate of the Apothecaries’Hall.

Doctor of Medicine of the Uni-versity of Dublin.

3, Merrion-square,Dublin.

4, Brady-street,Leitrim.

10, Napier-street,Dublin.

ot

THE ROYAL COLLEGE OF SURGEONS ANDTHE NEW MEDICAL BILL.

THE following statement of the Royal College of Surgeonshas been issued :-

" The surgeons, who had previously constituted a city com-pany, with local habitation in the Old Bailey, were incorporatedas a Royal College by George III. in 1800, 1 in order to pro-mote the art and science of surgery.’ They were empoweredto give to such persons as they might find on examinationqualified to practise the art and science of surgery letters tes-timonial under their common seal, which constituted themmembers of the College, and thus entitled them legally to theappellation of surgeons.

’’ To the corporation, which had removed from the OldBailey to Lincoln’s-inn-fields in 1796, the collection of prepa-rations made by John Hunter, having been successively offeredto and refused by by the Royal Society and the College of Phy-sicians, was, in 1799, given in trust for the benefit of the publicby Parliament, under conditions for its preservation, display,and accessibility by members of the profession and other scien-tific persons, and for making a catalogue. If the College hadnot accepted this trust the collection would, it is understood,.have been purchased by a great foreign power, or possibly dis-persed by auction." By a Supplemental Charter, granted in 1843, the College’

was empowered, in order to improve the education and qualil.fication of surgeons, to institute a new grade, that of fellowship,attainable by proofs of a liberal general education, a longercourse of study, and a larger amount of professional know-ledge, practical and scientific, than could be required of thoseseeking the diploma as members; this distinction not beingobtainable till the age of twenty-five, and after a more length-ened examination, while candidates for the membership araadmitted at twenty-one. The election of the Council, whichhad hitherto been in the body itself, was confided to thefellows, the Council being empowered to nominate a consider-able number of fellows in the first, instance,. in order to provideat once a sufficient constituency.


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