Fees.—To the registrar, for registration under secs. 12 and 13, $10 (Act 1881, c. 19, s. 12 and 13).
To the registrar, for the registration of an additional qualification, such fee as the council may demand (Act 1881, c. 19, s. 23).
To the registrar, or his deputy, annual fee from each practitioner, to be fixed by the council, not more than $2 nor less than $1 (Act 1882, c. 30, s. 5).
Each registered medical practitioner must, if required by the council, pay to the registrar, or a person deputed by him, an annual fee determined by the council, not less than $1 nor more than $2, payable January 1st each year, and recoverable as a debt with costs in the name of the council (Act 1882, c. 30, s. 5).
If any practitioner omit to pay the registration fee before the registrar causes the register to be printed in the Royal Gazette, the registrar shall not cause the name of such practitioner to be printed, and he shall thereupon cease to be deemed a registered practitioner; but afterward, on paying such fee, he shall be entitled to all his rights and privileges as a registered practitioner from the time of payment (Act 1884, c. 17, s. 2).
Newfoundland.
Medical Board.—There is a board composed of seven regularly qualified medical practitioners of not less than five years’ standing, appointed as provided in the act, and known as the “Newfoundland Medical Board,” whose duties relate, among other things, to the making and enforcing of measures necessary for the regulation and the practice of medicine (Act 1893, c. 12, s. 2, 3, 19).
The board is authorized to appoint examiners and fix times of examinations (ib., s. 5).
The secretary of the board is the registrar (ib., s. 7).
Register, Evidence.—It is the duty of the registrar on or before January 1st in each year to cause to be published in the Royal Gazette of Newfoundland a list of the names of all persons appearing on the register at that date, with their places of residence, titles, diplomas, and qualifications as conferred by any college or body, with the date (ib., s. 8).
Such register is called the Medical Register, and a copy thereof is prima facie evidence that the persons therein specified are registered according to the act; and the absence of a name therefrom is prima facie evidence that such person is not so registered (ib., s. 9).
Qualification.—The members of the board form a body of medical examiners of diplomas and degrees, whose certificate shall be the only license permitting the practice of medicine, surgery, or midwifery, except as hereinafter provided, provided the applicant for such license shall previously have obtained a medical diploma from a recognized college or university, or as hereinafter provided (ib., s. 10.)
Every person is entitled to have his name entered on the register on satisfying the board that he holds a degree or diploma from some regular university or school of medicine in good standing, and he shall then receive from the board a license bearing its seal, on the payment to the registrar of $5, and shall have his name entered on the register (ib., s. 11).
No such licensed practitioner shall be entitled to practise in any year without taking out from the board, before the 1st of January in every year, a certificate of practice for which he shall pay $1 (ib., s. 12).
Students.—The act provides the requirements for entering on the study of medicine, surgery, or midwifery in the colony (ib., s. 13, 14, 17).
Duties of Board.—The board is required to examine all degrees and other credentials produced or given in evidence under the act for the purpose of enabling the owners to practise, and, if it be deemed necessary, to oblige the owner to attest on oath or affidavit that he is the person whose name is mentioned therein, and that he has become possessed of the same by lawful means (ib., s. 16).
The board is required to cause every member of the profession practising in Newfoundland to enter his name, age, place of residence, date of license or diploma and where it was obtained, on the register (ib., s. 18).
Neglect to Register.—A person entitled to be registered, who neglects or omits to apply, is not entitled to any of the rights or privileges conferred by the act so long as the neglect or omission continues (ib., s. 25).
Additional Qualification.—A person registered who obtains a higher degree or diploma is entitled to have it inserted in the register in addition to or in substitution for those previously registered (ib., s. 26).
Rights of Registered Persons.—A person properly registered under the act is entitled to practise medicine, surgery, and midwifery in any part of the colony, and to demand and recover reasonable charges for professional aid or advice with the cost of medicine or other medical and surgical appliance supplied by him (ib., s. 27).
Unregistered Persons.—No person whose name is not registered under the act is entitled to recover any fees for any medical or surgical advice, or for any services whatsoever rendered in the capacity of a medical man, nor to recover the payment of charges for any medicine or medical or surgical appliance which may have been both prescribed and supplied by him. This clause is not intended to interfere with the practice of midwifery by competent females as hereinafter provided (ib., s. 28).
Offences and Penalties.—Except as hereinafter provided, if a person not registered or licensed under the act practises medicine, surgery, or midwifery for hire, gain, help [sic] or reward, or wilfully and falsely pretends to be a physician, doctor of medicine, surgeon, or general practitioner, or takes or uses any name, title, addition [or] description, implying or calculating [sic] to deceive or lead the public to infer that he is registered under this act, or who proposes by public advertisement, card, circular, or otherwise, to practise medicine, surgery, or midwifery, or give advice therein, or in anywise lead people to infer that he is qualified to practise medicine, surgery, or midwifery, he shall forfeit $20 for each day that he so practises or leads people to infer that he is a practitioner, or shall suffer imprisonment not exceeding twelve months (ib., s. 29).
Persons violating the above regulations are subject to the penalties of the act, and in all cases the burden of proof as to qualification is upon the defendant or practitioner (ib., s. 30).
Expulsion of Member.—The Newfoundland Medical Board may try and expel any member of the profession for acts of malpractice, misconduct, or immoral habits, provided five-sevenths of the whole number record their signatures to such a measure (ib., s. 32).
Exceptions.—The act does not prevent private persons from giving the necessary medical or surgical aid in times of urgent need, provided such aid or attention is not given for gain or hire, nor the giving of it made a business or a way of gaining a livelihood (ib., s. 34).
Every person residing in the colony and who shall have practised medicine, surgery, and midwifery for five years consecutively in one locality previous to the passage of the act, on the proof of the same, shall have his name registered and receive a license to practise under the act; provided, the board may grant a license to any person who may have practised for a shorter period, on being satisfied by examination, or inquiry, that such person is reasonably competent and fit; and further provided, that the board may, after examination and inquiry, license persons with a reasonable amount of competence to practise in specified localities, in which no qualified practitioners reside (ib., s. 37).
Any person while employed in actual service in any naval or military service as physician or surgeon may practise medicine, surgery, and midwifery after having been registered (ib., s. 38).
Definition.—The words “legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words importing a person recognized by law as a medical practitioner or a member of the medical profession, when used in any act of the legislature or legal or public document, mean a person registered under this chapter, unless as otherwise provided (ib., s. 39).
Medical Appointments.—No person shall be appointed as a medical officer, physician, or surgeon in any branch of the public service or any hospital or other charitable institution unless he be registered under the provisions of this chapter (ib., s. 40).
Theories of Medicine or Surgery.—No person otherwise fully qualified shall be refused registration, or a license to practise, on account of his adopting or refusing to adopt the practice of any particular theory of medicine or surgery. In case of such refusal by the board, the party aggrieved may appeal to the governor in council, who, on due cause shown, shall issue an order to the board to register the name of such person and grant him a license (ib., s. 41).
Midwives.—The act does not prevent competent females from practising midwifery (ib., s. 42).
Fees.—To the registrar, for license, $5 (ib., s. 11).
To the board, each year, for a certificate of practice, $1 (ib., s. 12).
Northwest Territories.
College of Physicians and Surgeons.—The members of the medical profession are a body corporate under the name of “The College of Physicians and Surgeons of the Northwest Territories” (Ord. 5 of 1888, s. 2).
Every person registered according to Ordinance 11 of 1885 is a member of the said college and shall be held to be registered under this ordinance from the date of its passage (ib., s. 3, as amended Ord. 9 of 1891-92).
Every person registered under this law is a member of the college (ib., s. 4).
Council.—There is a council of said college elected by the members from the members registered in pursuance of this ordinance (ib., s. 5, 6, 7).
The council appoints among other officers a registrar (ib., s. 26).
Register, Qualification.—Persons registered under Ordinance 11 of 1885 are entitled to register under this ordinance (ib., s. 31).
The council is required to cause the registrar to keep a register of the names of all persons who have complied with this ordinance, and the rules and regulations of the council respecting the qualifications required from practitioners of medicine or surgery. Only those persons whose names are inscribed in the register are deemed qualified and licensed to practise medicine or surgery, except as hereinafter provided (ib., s. 32).
The registrar is required to keep his register correct and to make the necessary alterations in the addresses or qualifications of persons registered (ib., s. 33).
The council is required to admit on the register:
(a) Any person possessing a diploma from any college in Great Britain and Ireland (having power to grant such diploma) entitling him to practise medicine and surgery, and who shall produce such diploma and furnish satisfactory evidence of identification;
(b) any member of the College of Physicians and Surgeons of the Provinces of Manitoba, Ontario and Quebec upon producing satisfactory evidence of the same and of identification;
(c) any person who shall produce from any college or school of medicine and surgery in the Dominion of Canada requiring a four-years’ course of study and (sic) a diploma of qualification; provided he furnish to the council satisfactory evidence of identification, and pass if deemed necessary, before the members thereof, or such examiners as may be appointed for the purpose, a satisfactory examination touching his fitness and capacity to practise as a physician and surgeon, upon payment to the registrar of fifty dollars (ib., s. 34, as substituted by Ord. 14, 1890, amended by Ord. 9, 1891-92).
Powers of Council.—The members of the council are required to make orders, regulations, or by-laws for the regulation of the register and the guidance of examiners, and may prescribe subjects and modes of examination, and may make all regulations in respect of examinations, not contrary to the ordinance, that they may deem expedient and necessary (ib., s. 36).
The council may by by-law delegate to the registrar power to admit to practice and to register any person having the necessary qualifications entitling him to be registered by the council (Ord. 24, 1892, s. 4).
The council may direct the name of any person improperly registered to be erased from the register and such name shall be erased by the registrar (Ord. 24, 1892, s. 5).
Forfeiture of Rights.—If a medical practitioner be convicted of any felony or misdemeanor or after due inquiry be judged by the council to have been guilty of infamous conduct in any professional respect, the council may, if it sees fit, direct the registrar to erase the name of such practitioner from the register, and the name shall be erased (Ord. 5, 1888, s. 37, as substituted by Ord. 24, 1892, s. 1).
Rights of Registered Persons.—Every person registered under the ordinance is entitled to practise medicine and surgery, including midwifery, or any one of them, as the case may be, and to demand and recover with costs his reasonable charges for professional aid, advice, and visits, and the cost of medical or surgical appliances rendered or supplied by him to his patients (ib., s. 38).
Limitation.—A period of one year after the term of professional service is established as a limitation to actions for negligence or malpractice against members of the college (ib., s. 39).
Register, Evidence.—The registrar, under the direction of the council, is required to publish a register of the names and residences and the medical titles, diplomas, and qualifications conferred by any college or body, of all persons appearing on the register on the day of publication. The register is called “Northwest Territories’ Medical Register,” and a copy for the time being, purporting to be so printed and published, is prima facie evidence that the persons therein specified are registered according to the act. The absence of a name from such copy is prima facie evidence that such person is not so registered.
In case a person’s name does not appear on such copy, a certified copy under the hand of the registrar of the entry of the name of such person on the register is evidence that such person is registered (ib., s. 40).
Neglect to Register.—A person neglecting to register is not entitled to the rights or privileges conferred and is liable to all penalties against unqualified or unregistered practitioners (ib., s. 4).
Offences and Penalties.—To practise or profess to practise without registration, for hire or reward, is punishable with a penalty of $100 (ib., s. 42).
To wilfully or falsely pretend to be a physician, doctor of medicine, surgeon, or general practitioner, or assume any title or description not actually possessed and to which the person is not legally entitled under this ordinance, is punishable with a penalty of from $10 to $50 (ib., s. 43, as amended by Ord. 24, 1892, s. 2).
To take or use a name or description implying or calculated to lead people to infer registration or recognition by law as a physician, surgeon, or licentiate in medicine or surgery is punishable with a penalty of from $25 to $100 (ib., s. 44).
Unregistered Persons.—No person is entitled to recover for any medical or surgical advice or attendance or the performance of any operation or medicine which he may have prescribed (ib., s. 45); nor to be appointed as medical officer, physician, or surgeon in any branch of the public service or in any hospital or other charitable institution not supported wholly by voluntary contributions, unless registered (ib., s. 46).
No certificate required from a physician or surgeon or medical practitioner is valid unless the signer is registered (ib., s. 47).
Costs.—In prosecutions, payment of costs may be awarded in addition to the penalty, and in default of payment the offender may be committed to the common jail for not more than one month (ib., s. 48).
Burden of Proof.—In prosecutions, the burden of proof as to registration is upon the person charged (ib., s. 49).
Proof.—The production of a printed or other copy of the register, certified under the hand of the registrar, for the time being is sufficient evidence of all persons [registered]; a certificate on such copy purporting to be signed by any person in the capacity of registrar of the council under this ordinance is prima facie evidence that he is registered without proof of his signature or of his being in fact registrar (ib., s. 50).
Limitation of Prosecutions.—Prosecutions must be commenced within six months from the date of the offence (ib., s. 51).
Stay.—The council may stay proceedings in prosecutions where deemed expedient (ib., s. 52).
Prosecutor.—Any person may be prosecutor or complainant (ib., s. 53).
Definition.—“Legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words implying legal recognition as a medical practitioner or member of the medical profession, when used in any law or ordinance, mean a person registered under this ordinance (ib., s. 55).
Homœopathists.—Homœopathic physicians may be registered under this ordinance on complying with the terms of sec. 34 (ib., s. 58).
Fees.—To the council from each member annually as the council may determine, not more than $2 and not less than $1 (ib., s. 35).
To the registrar, for registration, $50 (ib., s. 56, as substituted by Ord. 24, 1892, s. 3).
Nova Scotia.
Medical Board.—There is a provincial medical board consisting of thirteen regular qualified medical practitioners of not less than seven years’ standing, seven nominated and appointed by the governor in council, and six by the Nova Scotia Medical Society (R. S., 5th ser., c. 24, s. 1).
The board appoints a secretary who is the registrar of the board (ib., s. 3, 4).
Register, Evidence.—The registrar is required before the 1st of August each year to cause to be printed and published in the Royal Gazette of the province, and in such other manner as the board shall appoint, a correct register of the names and residences and medical titles, diplomas, and qualifications conferred by any college or body, with the dates thereof of all persons appearing on the register as existing on June 30th. Such register is called “The Medical Register,” and a copy thereof for the time being, purporting to be so printed and published, is prima facie evidence that the persons specified are registered according to this chapter. The absence of a name from such copy is prima facie evidence that such person is not so registered. In the case of a person whose name does not appear in such copy, a certified copy, under the hand of the registrar, of the entry of his name on the register is evidence that such person is registered under the provisions of this chapter (ib., s. 5).
Students.—No person can begin or enter on the study of physic, surgery, or midwifery, for the purpose of qualifying himself to practise in the province, unless he shall have obtained from the provincial medical board a certificate that he has satisfactorily passed a matriculation examination in the subjects specified in the chapter (ib., s. 6).
The chapter prescribes the prerequisites to admission to preliminary examinations (ib., s. 7, 12).
Qualification.—Subject to the exceptions hereinafter, no person can lawfully practise physic, surgery, or midwifery unless his name be registered and unless he shall have received from the provincial medical board a license to practise (ib., s. 8).
No person is entitled to be registered or to receive a license to practise unless he satisfy the board that he has passed the matriculation or preliminary examination; that after passing such examination he has followed his studies during a period not less than four years (one of which may be under the direction of one or more general practitioners duly licensed); that during such four years he has attended at some university, college, or incorporated school of medicine in good standing, courses of lectures amounting together to not less than twelve months on general anatomy, on practical anatomy, on surgery, on the practice of medicine, on midwifery, on chemistry, on materia medica and pharmacy, and on the institutes of medicine or physiology, and one three-months’ course of medical jurisprudence; that he has attended the general practice of a hospital in which are not less than fifty beds under the charge of not less than two physicians or surgeons, for a period of not less than one year or two periods of not less than six months each; that he has also attended two three-months’ courses or one six-months’ course of clinical medicine, and the same of clinical surgery; that he has, after an examination in the subjects of the course, obtained a degree or diploma from such university, college, or incorporated medical school, or, for want of such degree or diploma, that he has satisfactorily passed an examination in the various branches hereinbefore specified before examiners to be appointed by the provincial medical board; that he is not less than twenty-one years of age; and that he has paid the registrar twenty dollars.
The provincial medical board has power, subject to the approval of the governor in council, to make such alterations in the foregoing curriculum as may from time to time be required (ib., s. 9).
The last preceding section does not apply to any person in actual practice duly registered under chap. 56 of Revised Statutes, 3d series; such persons are entitled to be registered and receive a license to practise under this chapter without fee. Notwithstanding such section, any person on producing to the said board conclusive evidence that he has passed a matriculation or preliminary examination such as is required for persons beginning their medical studies in Nova Scotia; that he has, before graduating or taking a diploma, studied for at least four years in the manner provided in sec. 9 or pursued what the board deem an equivalent course of study, and has passed a final examination in the subjects of such course; or, for the want of any of such requirements, shall have fulfilled such conditions as the board may determine and shall pay a fee of twenty dollars, shall be entitled to be registered and to receive a license to practise (ib., s. 10).
Powers of Board.—The said board among other powers has the power to examine all degrees, diplomas, licenses, and other credentials presented or given in evidence for the purpose of entitling the owner to practise in Nova Scotia; and to oblige the owner to attest on oath, or by affidavit, that he is the person whose name is mentioned therein, and that he became possessed thereof honestly; to cause every member of the profession practising in Nova Scotia to enregister his name, age, place of residence, place of nativity, date of license or diploma, and the place where he obtained it, in the register of the board; to appoint medical examiners to hold final examinations, such examiners to be regular qualified practitioners of not less than five years’ professional standing, and three years’ residence in the province (ib., s. 12).
Register.—The registrar is required to keep his register correct, and to erase the names of all registered persons who shall have died, left the province without any intention of returning, or ceased to practise for five years, and to make from time to time the necessary alterations in the addresses or qualifications of persons registered. A name erased is required to be restored by the order of the board upon sufficient cause duly shown (ib., s. 15).
Neglect to Register.—Persons entitled to register and neglecting or omitting to register are not entitled to any of the rights or privileges conferred so long as the neglect or omission shall continue (ib., s. 16).
Theories of Medicine or Surgery.—No person shall be refused registration or a license on account of the adoption or the refusal to adopt the practice of any particular theory of medicine or surgery. In case of such refusal the party aggrieved has the right to appeal to the governor in council, who, on due cause shown, is required to issue an order to the board to register the name of such person and to grant him a license (ib., s. 17).
Powers of Registrar.—No qualification is entered unless the registrar is satisfied by proper evidence that the person claiming is entitled to it, and any appeal from the decision of the registrar may be decided by the board, and any entry proving to the satisfaction of the board to have been fraudulently or incorrectly made may be erased from the register by order in writing of the board (ib., s. 18).
Forfeiture of Rights.—A medical practitioner convicted of felony or, after due inquiry, judged by the board to have been guilty of infamous conduct in any professional respect, thereby forfeits his right to registration, and if registered his name shall, by the direction of the board, be erased from the register (ib., s. 19).
Additional Qualifications.—A registered person may have a higher degree or an additional qualification obtained by him, inserted in the register in substitution for or in addition to a qualification previously registered, on the payment of such fee as the board may appoint (ib., s. 20).
Rights of Registered Persons.—Every registered person is entitled according to his qualifications to practise medicine, surgery, or midwifery, or either or any of them as the case may be, and to demand and receive reasonable charges for professional aid, advice, and visits and the cost of any medicine or any medical or surgical appliances rendered or supplied by him to his patients (ib., s. 21).
No person is entitled to recover such charge unless he shall prove on the trial that he is registered under this chapter. This does not interfere with the sale by qualified druggists or chemists of articles properly belonging to their business (ib., s. 22).
Definition.—The words “legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words importing a person recognized by law as a medical practitioner or a member of the medical profession, when used in any act of the legislature or legal or public document mean a person registered under this chapter (ib., s. 23).
Unregistered Persons.—No person shall be appointed as a medical officer, physician, or surgeon, in any branch of the public service, or in any hospital or other charitable institution, unless he be registered under the provisions of this chapter (ib., s. 24).
No certificate required from any physician or surgeon or medical practitioner is valid unless the signer be registered (ib., s. 25).
Offences and Penalties.—For a person without registration or license to practise physic, surgery, or midwifery for hire, gain, or hope of reward, or wilfully or falsely pretend to be a physician, doctor of medicine, surgeon, or general practitioner, or to take or use any name or description implying or calculated to lead people to infer that he is registered, or to profess by public advertisement, card, circular, sign, or otherwise to practise physic, surgery, or midwifery, or to give advice therein or in anywise to lead people to infer that he is qualified to practise physic, surgery, or midwifery, is punishable with a forfeiture of $20 for each day that he so practises or leads people to infer that he is practising (ib., s. 26).
On trial of such cause the burden of proof as to the license or right of the defendant to practise physic, surgery, or midwifery is on the defendant (ib., s. 28).
If a person wilfully procures or attempts to procure registration by making or producing, or causing to be made or produced, a false or fraudulent representation or declaration, he, and all persons knowingly aiding or assisting therein, are each punishable with a forfeiture of not less than $100 (ib., s. 30).
To wilfully and falsely pretend to be or take or use any name or description implying registration, is punishable with a forfeiture not exceeding $100 (ib., s. 31).
Suits under this chapter are not to be begun after one year from the date of the offence or cause of action (ib., s. 32).
Exceptions.—This chapter does not prevent a competent female from practising midwifery in Nova Scotia, except that she must satisfy the board of her competency, and obtain a certificate from the registrar before she can lawfully practise in the city of Halifax (ib., s. 33).
Nothing in the chapter prevents any person from giving necessary medical or surgical aid or attendance to any one in urgent need of it, provided such aid or attendance is not given for hire or gain, nor the giving of it made a business or way of gaining a livelihood (ib., s. 34).
Every person residing in the province and who shall have practised therein prior to January 1st, 1850, is entitled on proof thereof to have his name registered and receive a license to practise under this chapter (ib., s. 36).
A person while employed in active service in Her Majesty’s naval or military service as a physician or surgeon may practise physic, surgery, or midwifery with (sic) registration or license (ib., s. 37).
Schedule B of the chapter prescribes the subjects for a matriculation or preliminary examination of those commencing the study of medicine.
Fees.—To the registrar, for registration under secs. 9 and 10, $20.
To the registrar, for a preliminary examination under sec. 7, $10.
For registering additional qualifications, such fee as the board may appoint (ib., s. 20).
Ontario.
College of Physicians, etc.—There is a corporation styled “The College of Physicians and Surgeons of Ontario” (Rev, St., 1887, c. 148, s. 2).
All persons registered according to the provincial acts 29 Victoria, c. 34, and 37 Victoria, c. 45, and amendatory acts, are members of said corporation (ib., s. 3); as well as all persons registered under this act (ib., s. 4).
Council.—There is a council of said college composed of representatives chosen from every university, college, or body in the province authorized to grant degrees in medicine and surgery, and which establish and maintain to the satisfaction of the College of Physicians and Surgeons of Ontario a medical faculty in connection therewith, with five members elected by the registered licensed practitioners in homœopathy, and twelve members elected from among and by the other registered members of the profession (ib., s. 6).
No teacher, professor, or lecturer of any such college or body shall hold a seat in said council except as a representative of the college or body to which he belongs (ib., s. 6, subd. 2, as amended Act 1893, c. 27, s. 2).
All members of the council representing the colleges of bodies aforesaid must be practitioners duly registered (ib., s. 6, subd. 3, as amended Act 1893, c. 27, s. 2).
All duly registered practitioners are entitled to vote at any election for members of the council (ib., s. 8).
Any member of the college may have his name transferred from one class of voters to any other on presenting to the registrar a certificate duly signed by the member or members of the board of examiners to examine candidates on subjects specified as peculiar to each school of medicine, testifying that the member so applying has shown a sufficient knowledge of the system of medicine he desires to connect himself with, to entitle him to be admitted to the class he desires, and being so admitted he is entitled to vote in that class only (ib., s. 9 [1]).
No member is entitled to return to the class from which he has been transferred without the sanction of the council (ib., s. 9 [2]).
The council appoints officers including a registrar (ib., s. 13).
The council must appoint an executive committee to take cognizance of and action upon all matters delegated to it by the council or which may require immediate attention or interference between the adjournment of the council and its next meeting, and all such acts shall be valid only till the next ensuing meeting of the council (ib., s. 4).
Division Association.—In each territorial division established by the act there may be established a Division Association, of which every member of the said college residing within the said territorial division shall be a member (ib., s. 15).
Professional Fees.—The division association may submit to the council a tariff of professional fees suitable to their division, and on the said tariff receiving the approval of the council, signed by the seal of the college and the signature of the president, such tariff shall be held to be a scale of reasonable charges for the division or section of a division where the members of the association making it reside (ib., s. 16).
Registration.—In a register kept by the registrar the council is required to cause to be entered the name of every person duly registered and all persons who have complied with the act and the rules and regulations made by the council respecting the qualifications of practitioners of medicine, surgery, and midwifery; and those persons only whose names are inscribed in the register shall be deemed to be qualified and licensed to practise medicine, surgery, or midwifery, except as hereinafter provided (ib., s. 21).
The registrar is required to keep his register correct and to make the necessary alterations in the addresses or qualifications of persons registered. And he may write to any registered person at his address on the register, to inquire whether he has ceased to practise or has changed his residence, and if no answer be returned within six months, may erase the name of such person; the name shall be restored on compliance with the other provisions of the act (ib., s. 22, as amended Act 1891, c. 26, s. 9).
It is optional for the council to admit to registration all such persons as are duly registered in the medical register of Great Britain, or otherwise authorized to practise medicine, surgery, and midwifery in the United Kingdom of Great Britain and Ireland, upon such terms as the council may deem expedient (ib., s. 23 [1]).
Any person actually practising medicine, surgery, or midwifery, or any of them, in Ontario prior to January 1st, 1850, and who has attended one course of lectures at any recognized medical school, on such proof as the council may require, is entitled to register (ib., s. 23 [2]).
Any person actually practising medicine, surgery, or midwifery according to the principles of homœopathy before January 1st, 1850, and for the six years preceding March 24th, 1874, in Ontario, may in the discretion of the representatives of the homœopathic system of medicine be registered (ib., s. 23 [3]).
Any person who possesses any of the qualifications described in Schedule B, dated prior to July 23d, 1870, on the payment of the fee, is entitled to register on producing to the registrar the document conferring or evidencing his qualification or qualifications, or on transmitting by post to the registrar information of his name and address and evidence of the qualification or qualifications in respect whereof he wishes to be registered and of the time or times at which the same was or were attained. No one registered under the acts mentioned in sec. 3 is liable to pay for registration (ib., s. 24).
Every person wishing to be registered, and not possessed before July 23d, 1870, of one of the qualifications in Schedule B, must present himself for examination as to his knowledge and skill for the efficient practice of his profession before the board of examiners mentioned in sec. 28, and upon passing the examination required and proving to the satisfaction of the board of examiners that he has complied with the rules and regulations of the council, and on payment of such fees as the council may establish, he shall be entitled to register and in virtue of his registration to practise medicine, surgery, and midwifery (ib., s. 25).
When it appears that there has been established a central examining board similar to that constituted by this act, or an institution duly recognized by the legislature of any of the provinces of the Dominion of Canada as the sole examining body for the purpose of granting certificates of qualification, and wherein the curriculum is equal to that established in Ontario, the holder of such certificate shall, upon due proof, be entitled to registration by the council of Ontario if the same privilege is accorded by such examining board or institution to those holding certificates of Ontario (ib., s. 26).
Board of Examiners.—The council is required at its annual meeting to elect a board of examiners whose duty it is to examine at least once in each year all candidates for registration in accordance with the by-laws, rules, and regulations of the council; such examinations are to be held at Toronto or Kingston at such times and in such manner as the council may by by-laws direct (ib., s. 28).
The board of examiners is composed of one member from each existing teaching body enumerated in sec. 6 and one from every other school of medicine organized in connection with any university or college empowered by law to grant medical or surgical diplomas and not less than six members chosen from the members of the College of Physicians and Surgeons of Ontario unconnected with any such teaching body (ib., s. 29, as amended Act 1893, c. 27, s. 5).
Homœpathists.—Every candidate who, at the time of the examination, signifies his wish to be registered as a homœopathic practitioner shall not be required to pass an examination in materia medica or therapeutics, or the theory or practice of physic or surgery or midwifery except the operative parts thereof, before any examiners other than those approved of by the representatives in the council of the homœopathic system (ib., s. 30).
Duties of Council.—The council is required to make orders, regulations, or by-laws for regulating the register and fees for registration and for the guidance of the board of examiners, and may prescribe the subjects and modes of examination and the time and place of holding the same, and may make all such rules and regulations for examination not contrary to the act as they deem expedient and necessary (ib., s. 31).
Additional Qualification.—Every person registered who obtains a higher degree or other qualification is, on the payment of the fee, entitled to have it inscribed in the register in substitution for or in addition to the qualifications previously registered (ib., s. 32).
Powers of Registrar.—No qualification is to be entered on the register unless the registrar be satisfied by proper evidence that the person claiming it is entitled to it. Appeal from the decision of the registrar may be decided by the council; any entry proved to the satisfaction of the council to have been fraudulently or incorrectly made may be erased from the register by order of the council in writing (ib., s. 33 [1]).
If the registrar be dissatisfied with the evidence adduced by a person claiming to be registered, he has power, subject to appeal to the council, to refuse registration until such evidence is furnished, duly attested by oath or affidavit before a judge of the county court of any county (ib., s. 33 [2]).
Erasure and Restoration of Name.—A practitioner is liable to have his name erased from the register where he has been convicted before or after registration of an offence which, if committed in Canada, would be a felony or misdemeanor, or where he has been guilty of any infamous or disgraceful conduct in a professional respect (ib., s. 34 [1]).
The council may, and on the application of any four registered medical practitioners must, cause inquiry to be made into the case of a person alleged to be liable to have his name erased under this section, and on proof of such conviction or conduct shall cause his name to be erased from the register. The name of a person shall not be erased on account of his adopting or refraining from the practice of any particular theory of medicine or surgery; nor on account of a conviction for a political offence out of Her Majesty’s dominions, nor of conviction for an offence which ought not either from its trivial nature or its circumstances to disqualify a person from practising medicine or surgery (ib., s. 34 [2]).
The council may order to be paid out of any funds at their disposal such costs as they may deem just to any person against whom any complaint has been made, which, when finally determined, is found to have been frivolous and vexatious (ib., s. 34 [3]).
When the council direct the erasure of any name or entry, it shall not be again entered except by direction of the council or any of the divisions of the high court of justice (ib., s. 35 [1], as amended Act 1891, c. 26, s. 3).
If the council think fit, they may direct the registrar to restore any name or entry erased, without fee, or on payment of such fee not exceeding the regular fee as the council may fix (ib., s. 35 [2]).
The council is required to ascertain facts, in the exercise of its powers of erasing and restoring, by a committee of their own body of not more than five, and a written report of the committee may be acted on by the council (ib., s. 36 [1], as amended Act 1891, c. 26, s. 4).
At least two weeks’ notice of the first meeting of the committee for ascertaining the facts of any case must be served on a person whose conduct is subject to inquiry, and such notice must embody a copy of the charges or a statement of the subject-matter of the inquiry, and specify the time and place of meeting. The testimony is under oath, and subject to cross-examination and the full right to call evidence in defence and reply. In the event of the non-attendance of such person the committee, on the proof of personal service of the notice, may proceed with the inquiry in his absence and without further notice (ib., s. 36 [5]).
No action can be brought against the council or committee for anything done bona fide under this act notwithstanding want of form in the proceedings. Any person whose name has been ordered erased may appeal from the decision of the council to any division of the high court at any time within six months from the date of the order of erasure, and the judge may make such order as to restoration, confirmation, or further inquiries by the committee or council and as to costs, as to him shall seem right (ib., s. 37, as amended Act 1891, c. 26, s. 5).
The appeal may be by a summons served on the registrar to show cause, and is founded upon a copy of the proceedings before the committee, the evidence taken, the committee’s report, and the order of the council certified by the registrar. The registrar is required to furnish to any person desiring to appeal a certified copy of all proceedings, reports, orders, and papers on which the committee acted, on payment of five cents a folio (ib., s. 38, as amended Act 1891, c. 26, s. 6).
The Act of 1891, c. 26, s. 7, provides for procuring the attendance of witnesses before the committee, and for payment of costs by the person whose name has been directed to be erased.
Rights of Registered Persons.—Every person registered is entitled according to his qualifications to practise medicine, surgery, or midwifery, or any of them, as the case may be, and to demand and recover with full costs reasonable charges for professional aid, advice, and visits and the cost of any medicine or other medical or surgical appliances rendered or supplied by him to his patient (ib., s. 39).
Limitations.—One year after the termination of professional services is established as a period of limitations to an action for negligence or malpractice by reason thereof against duly registered members of said college (ib., s. 40).
Evidence.—The register is required to be printed and published, and a copy thereof purporting to be so printed and published is prima facie evidence that the persons specified are registered; and, subject to the provisions of subsection 2 of this section, the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered (ib., s. 41 [1]).
In case of the name of a person not appearing in such copy, a certified copy, under the hand of the registrar, of the entry of the name on the register is evidence that such person is registered (ib., s. 41 [2]).
Annual Certificate of Registration.—Every registered medical practitioner is required to obtain from the registrar annually, before December 31st, a certificate under seal of the college that he is a duly registered medical practitioner (Act 1891, c. 26, s. 8).
On payment of all fees and dues payable by such practitioner to the college, the registrar is required to write his name and the date on the margin of the certificate, and the certificate is deemed to be issued only from such date; any fees properly charged during the time in which a name was erased from the register are legally recoverable on production of the certificate of registration at time of suit (ib.).
No certificate is issued to any practitioner indebted to the college, nor until the annual fee for the certificate prescribed by the statute and the by-laws of the college is paid (ib.).
If a practitioner omits to take out such certificate, he shall not be entitled thereto until he pays the certificate fee, and any other fees or dues which he owes the college (ib.).
After twelve months’ default in taking out such certificate, and two months’ notice of default by registered letter to the registered address of the defaulter, if payment is not made, the registrar is required to erase his name and the provisions as to unregistered practitioners forthwith apply (ib.).
Such practitioner may, unless otherwise disqualified, obtain re-registration and re-instatement to full privileges by applying to the registrar and paying up the fees and dues and taking out his certificate (ib.).
Neglect to Register.—Those entitled to register and neglecting so to do are not entitled to any rights or privileges conferred by registration, and are liable to all the penalties against unqualified or unregistered practitioners (Rev. St., 1887, c. 148, s. 42).
Fraudulent Registration.—If a person procures registration by means of false or fraudulent representations it is lawful for the registrar, on a receipt of sufficient evidence of such falsity or fraud, to represent the matter to the council, and on the written order of the president, attested by the seal of the college, to erase his name from the register and publish the fact and cause of erasure in the Ontario Gazette; and after such notice such person ceases to be a member of said college and to enjoy the privileges conferred by registration without the express sanction of the council (ib., s. 44 [1]).
Offences and Penalties.—Wilfully procuring or attempting to procure registration by false or fraudulent representations is punishable with a penalty not exceeding $100. Knowingly aiding and assisting therein is punishable with a penalty of from $20 to $50 for each offence (ib., s. 44 [2]).
Practising without registration for hire, gain, or hope of reward is punishable with a penalty of from $25 to $100 (ib., s. 45).
A person wilfully or falsely pretending to be a physician, doctor of medicine, surgeon or general practitioner, or assuming any title, addition, or description other than that he actually possesses and is legally entitled to, is punishable with a penalty of from $10 to $50 (ib., s. 46).
A person taking or using a name, title, addition, or description implying or calculated to lead people to infer that he is recognized by law as a physician, surgeon, accoucheur, or licentiate in medicine, surgery, or midwifery is punishable by a penalty of from $25 to $100 (ib., s. 47).
Unregistered Persons.—No person is entitled to recover a charge for medical or surgical advice or attendance or the performance of any operation or any medicine prescribed or supplied unless he produces to the court a certificate that he is registered; but this section does not extend to the sale of drugs or medicines by a licensed chemist or druggist (ib., s. 48, as amended Act 1891, c. 26, s. 2).
No person shall be appointed as a medical officer, physician, or surgeon in any branch of the public service, or in any hospital or other charitable institution not supported wholly by voluntary contribution, unless he be registered (ib., s. 49).
No certificate required from any physician, surgeon, or medical practitioner is valid unless the signer be registered (ib., s. 50).
Costs.—The justice of the peace having jurisdiction of a prosecution may award payment of costs in addition to the penalty, and in default of payment may commit to the common jail for a period not exceeding one month unless the penalty and costs are sooner paid (ib., s. 51).
Appeal.—Any person convicted who gives notice of appeal must give satisfactory security for the amount of the penalty and the costs of conviction and appeal (ib., s. 52).
Proof.—In any trial under the act, the burden of proof as to registration is on the person charged (ib., s. 53).
Where proof of registration is required, the production of a printed or other copy of the register certified under the hand of the registrar for the time being is sufficient evidence of all persons who are registered practitioners, and any certificate upon such copy purporting to be signed by any person in his capacity of registrar is prima facie evidence that such person is registrar without proof of his signature or of his being registrar (ib., s. 54).
Limitations of Prosecutions.—Prosecutions are limited to commence within one year from the date of the offence (ib., s. 55)
Stay.—The council may, by order signed by its president having the seal of the college appended, stay proceedings in any prosecution when deemed expedient (ib., s. 56).
Prosecutor.—Any person may be prosecutor or complainant (ib., s. 57 [2]).
Qualification.—Schedule B referred to in the act is as follows:
1. A license to practise physic, surgery, and midwifery, or either, within Upper Canada under the acts of Upper Canada, 59 G., III., c. 13, and 8 G., IV., c. 3, respectively.
2. A license or diploma granted under 2 Vict., c. 38, or under the Consolidated Statutes for Upper Canada, c. 40, or any act amending the same.
3. A license or authorization to practise physic, surgery, and midwifery, or either, within Lower Canada, whether granted under ordinance 28 G., III., c. 8, or act 10 and 11 Vict., c. 26, and acts amending the same, or under c. 71 of the Consolidated Statutes for Upper Canada, or any act amending the same.
4. A certificate of qualification to practise medicine, surgery, and midwifery, or either, hereafter granted by any colleges or bodies named or referred to in sec. 6.
5. A medical or surgical degree or diploma of any university or college in Her Majesty’s dominions or of such other universities or colleges as the council may determine.
6. A certificate of registration under the Imperial Act 21 and 22 Vict., c. 90, known as “The Medical Act,” or any act amending the same.
7. A commission or warrant as physician or surgeon in Her Majesty’s military service.
8. Certificates of qualification to practise medicine under any of the 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).