2418 MEDICAL. L&4 VICT.
MEDICAL ACT 1890.
54 VICTORTA, An Act to consolldate the Law relating to Medical — Jrractitioners Dentists and Chemists and to adopt and continue the British Pharmacopoeia. [10th July, 1890.]
" Medical Prac- E it enacted by the Queen's Most Excellent Majesty by and with the tilidaers Statute B advice and consent of the Legislative Council and. the Legislative 1835." Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— shorttitie !• This Act may be cited as the Medical Act 1890,and shall come Midd'SKSt)*11' in*° 0Pcration 0R the nrst day of August One thousand eight hundred and ninety, and is divided into Parts and Divisions as follows:— Division 1.—Medical Board of Victoria ss. 3-8. Division 2.—Legally Qualified Medical PART I.—Medical Practitioners ss. 9-14. Practitioners. i Division 3. — Medical Witnesses ss. 15-19. Division 4 — Schools of Anatomy ss. 20-37. Division 1.—Dental Board and Officers ss. 39-45. Division 2.—Register ss. 46-51. PART II.—Dentists. •< Division 3.—Registration ss. 52-62. Division 4.—Examination ss. 63-65. Division 5.—Miscellaneous ss. 66-71. 'Division 1.—The Pharmacy Board of Victoria ss. 73-80. Division 2.—The Pharmaceutical Regis PARTIII.—Chemists. ter of Victoria ss. 81-87. Division 3. — Registered Pharmaceuti cal Chemists ss. 88-92. Division 4.—Miscellaneous ss. 93-98. PART IV.—Adoption of the British Pharmacopoeia s. 99. No. 1118.] MEDICAL ACT 1890. • 2419
2. The Acts mentioned in the First Schedule to this Act to the" Medical P™<> extent to which the same are thereby expressed to be repealed are *^f™Sta/,tte hereby repealed. Provided that such repeal shall not affect any Kepeai. appointment application declaration registration rule regulation by-law First schedule. or order made, or any notice or certificate given, or any summons issued, or any service effected, or any licence or injunction granted under the said Acts or any of them before the commencement of this Act, and every registration effected under or continued by any of the said Acts and in force at the commencement of this Act shall for all purposes be as valid and effectual as if the said registration had been effected and the same shall be deemed to be a registration effected under the corresponding provisions of this Act.
PART I.—MEDICAL PRACTITIONERS. DIVISION 1.—MEDICAL BOARD OF VICTORIA. 3. The Governor in Council may appoint a committee consisting of Medical board. at least three members being of the medical profession, one of whom n-s- *• shall be nominated president under the style of." The Medical Board of Victoria;" and may from time to time remove the said members or any of them and may upon the removal death or resignation of any member of the board appoint such other person as the Governor in Council shall think fit. 4. A quorum of the board shall consist of not less than three Quorum, members thereof and in the absence of the president from any meetingib- *•4- of the board one of the members present may be elected chairman of such meeting. 5. The board shall from time to time cause the names of all Registration «t i'rtii .1 i Til i ii i*j? l j* l _ lewdly qualified persons certified by the board to be legally qualified medical prac- mtdiad prac titioners within the meaning of Division two of this Part of this Act totioneilB- be registered with their qualifications and residences m a book to be kept by the board for that purpose in the form in the Second Schedule second i it. • i L i • it u* j ii, -i.!. Schedule. to this Act or as nearly as conveniently may be m accordance therewith. Copies of the said register shall in the month of January in each year be published in the Government Gazette and ssall be published and sold by the board; and any copy of such register shall be evidence in all courts of law and before all justices and others that the persons therein specified are registered according to the provisions of this Part of this Act. 6. The board may question any person who may attend before the Examination of board as hereinafter mentioned and any witness who may be produced StrJeieT ™dl before the board and may take a solemn declaration from such person n>.». e. or witness. And if any person shall wilfully knowingly and corruptly make any false statement upon such examination or in such declaration or shall utter or attempt to utter or put off as true before the board any false forged or counterfeit diploma degree licence certificate or other document or writing he shall be guilty of a misdemeanor and being thereof duly convicted he shall be liable to be imprisoned for any period Dot exceeding three years. 7. The board may from time to time make the necessary alterations Board mayalter i rh f t* f Hi l'-fi i' rt flflrlrpsispt; of the nprsnrm re£ister""^ rpjrkr A* H Hi TV f Hi' nP t nf t\\U Aft and rruw from th™rwrih*' H et H + t h 'H 1 He rn anv pfnstered riprson nb-ef7- 2420 • MEDICAL ACT 1890. [54VICT.
** Medical Prac- addressed to him according to his last-known address to inquire whether iso™" Statute he has ceased to practise or has changed his residence; and if no answer be returned to such letter within the period of six months from the sending thereof the board may erase the name of such person from the register and may if they shall afterwards think fit to do so restore the same to the register/"*
Notice of (tcath 8. Every deputy registrar in Victoria on receiving notice of the rcsKionwjoi' death of any medical practitioner shall forthwith transmit such notice by K™i7>S? P08^ *° ^e president of the medical board in Melbourne; and on receipt tioneratobescnt of such notice the medical board shall erase the name of such deceased to the medico] j* i __ j_*.i_* j? j_i * x j? l n i+i? j 1+ I boant. medical practitioner rrom the register or legally qualified medical prac- ib.>. s titioners; and any legally qualified medical practitioner on changing his residence shall intimate the same to the medical board.
DIVISION *&•—LEGALLY QUALIFIED MEDICAL PRACTITIONERS. QuatiflwUoL, of 9. Every person possessed or hereafter becoming possessed of any plSitioiicraL one or more of the qualifications described in the Third Schedule hereto, ib. e. 0. who shall prove on personal attendance to the satisfaction of the medi- KSM?!^?**" cal boards that the testimonium diploma licence or certificate testifying iee»"». a. to such qualification was duly obtained by him after due examination Third schedule from soirio university college or other body duly recognised .for such purpose in the country to which such university college or other body may belong, shall be and be deemed to be and shall be entitled to registration as a legally qualified medical practitioner and shall receive from the medical board a certificate of qualification/")
Perrons forging 10. If any person fraudulently or by false representations obtains a KrtJflcSui.ier certificate as a legally qualified medical practitioner under the provisions ttom ™ISCoita" °^ ^'s •Division of this Part of this Aci> or shall forge alter or counter- misdemeanor. feit any such certificate or shall utter or use any such forged altered or 'm (a.) Under the "Medical Practitioners Statute theMedical Board to register a.medical practi- 1865," s. 7 (re-enacted in this section): Held, that tioner, it must be shown that the applicant has before the board can strike off the register the demanded to be allowed personally to attend the name of a medical practitioner for returning board, and it is not sufficient that a member of no answer to a letter addressed to him at his the board has told him he need not do so. SevtbU, address last known to the board, they must be that a diploma of a foreign university, conferring satisfied that the letter has arrived at the hands the degree of doctor of medicine, is nota sufficient of the owner of that name* '^Vhei'c the board qualification without proof that the applicant has posted to C A.M. such a letter addressed to him at passed through a regular course of medical study his address last known to the board and received &o*—Ex paree Yee Quock Pittq 1 V.L.R. (L.) from him no an ftw e r for six months and then 112. erased his name from the register—but in fact " A mandamss cannot be granted to a body that he had during the wholo year including the six has a discretion in the exercise of its duties, as months been resident and practising elsewhere this board has, to compel it to exercise its discre- and had never received the letter which had been tion in a particular manner."—Per Fellows, J„ returned to the board through the dead letter Ms parte Boterilt, 1 V.L.R. (LA 112. _«* . ii,A *rt*,-* „M„i,j „ ™„„jrj-™„„ „T:^»,n..i. tl\ -tiri.*-* j.u* JUU^ *JJ**J u.. IL. *„„i: omce—tino court granted a TtuxRtKtmtus witnout [ct wnere tite diploma produced DV tno appn- „Ah+h xrt M„„„„i +u!r v„„„i J.* „.„i^ ^ J.L* „* * *r * i * j. * xi. i V J -11 costs to compel vtie ooarci to replace tno name 01 cant is not in tho usual lorm, a wutyiitttmits will t.A.M, on tne register, ^/fefi. v. itit medical not be granted to compel the board to rejrmiior.— »»**. i ,/ T7- , * 5-nmrf o. rn tT i I fin. n °/i*i_ -mr T > Tn T * /m o IfO&ra Oj VtclonQ) 4 w»w. cfc a !>• [±j*}f l*>w- *+&$* ^- •!*& JaCaiccu Uoctrat ex txtttc Ih&fiiO&y 3 (b) Beforo tho court will grant a TnatidcttHus to A.J+JL> 81. No. 1118.] MEDICAL ACT 1890. 2421 11. It shall not be lawful for any person unless registered under •• MfMkat rrac- Division one of this Part of this Act to pretend to be or to take or use the ^5^*1^"** name or title of a physician doctor of medicine licentiate in medicine persons unregu- and surgery master in surgery bachelor of medicine doctor surgeon mJJdfcjJuitLsto medical or general practitioner or apothecary or surgeon apothecary OT J;e subject to accoucheur or licentiate or practitioner in midwifery or any other medical 2i & 22 vbt or surgical name or title; and every unregistered person so offending «•»**>. shall forfeit and pay a sum not exceeding Fifty pounds to be recovered in a summary manner before any two justices by any person suing for the same in any court of petty sessions. Provided that any person who shall feel himself aggrieved by any such conviction or order of justices may appeal therefrom to the next court of general sessions of the peace in accordance with the law for the time being in force relating to appeals from justices to courts of general sessions of the peace/aJ 12. Every medical practitioner who shall have received such Medical + -.^„.L*.C J^. „i* Vi2„^j. _*. *J? *J —l 11 _-Ci-A«~ *._J~ "u~ i..i.i-i^j ji* practitioners certificate 01 qualification as aforesaid snail afterwards be entitled to holding sue in any court of law within Victoria to the extent of the jurisdiction e^tMto8sue1e of such court for the recovery of his fees or other remuneration for his for t«s &cc professional services**) whether medical or surgical; and it shall De^*'s'13' /e • i. j. i. j. • i.i j.- 1 » 1 1 S 'j ,, 13. No unregistered person shall hold any appointment as a Medical 1.. J.1V1JS5' j_T i appointments physician surgeon or other medical officer in passenger or other vessels cannot be heia 1 riatered leaving any port in Victoria, or in any hospital infirmary dispensary or p^rSo i^ lying-in hospital or in any lunatic asylum gaol penitentiary house of Certificates correction house of industry or other public institution for affording n^repstered medical relief in sickness infirmity or old age, or as a medical officer of P_\^j'^to>>e health; and no certificate required by any Act nowan force or that may ;j,s.i3. hereafter be passed from any physician surgeon licentiate in medicine ib. s. se- surgery or other medical practitioner shall be valid unless the person {a) A conviction under this section adjudging a by the " Common Law Procedwrt Statute 1865 " penalty and costs, but not stating to whom the upon art express agreement for remuneration for costs are to be paid, is bad.—Reg. v. Ha.rtneyt ex giving, in an action to recover damages for in- parte fflscfter, 7 V.L.R. (L.), 52. juries sustained, medical evidence of the condition The justices fined the appellant for practising of the plaintiff whom he had examined for the without being licensed. He had practised before purpose. Sem&Je,thatanagreement to take aless Act No. 158 came into force, and was in a amount in case the plaintiff should be unsuccess- position to prove to the satisfaction of the board ful in the action does not avoid the contract as under the "Medical Praciitwfiers Statute 1865" being illegal.—Stoddart v. Pinnock, 10 V.L.R. that he was properly qualified, but the board had (L.), 22. refused to examine his qualifications. On appeal, (c) In order to entitle a medical practitioner to the court held that the board constituted under recover his fees he must prove not only his legal Act No. 158 was the only body authorized to qualification but his registration. But where he examine his qualifications, and that, inasmuch as proved the former, and no objection was taken at he had omitted to avail himself of the opportunity the proper time to want of proof of the latter, between the two Acts, he was amenable under the and the objection was not made a ground of the provisions of the "Medwal Practitioners Stcttttie order nisi, the court would not prohibit the 1865."—Nor/is v. SnuUlman, 3 A.J.B., 32. execution of an order of justices for the amount (ft) A medical practitioner is entitled to re- sued for.—Reg. v. Shaw, ex parte Selim, 9 cover a larger sum than the witnesses' fees fixed V.L.R. (L.), 201. 2422 MEDICAL ACT 1890. |_54 VICT. " Medtciti Prat- signing the same bm eegistered in dccordance with the provisions of igfifi *» Divivion nne eo fhis Part of this Act# Proyided that nothing herein contained shall render invalid any such certificate from a duly appointed medical officer of any of Her Majesty's land or sea forces in full pay although such officer may not be registered under Division one of this Part of this Act. Chemists or 14. Nothing in this Division of this Part of this Act shall be con dentists not affected. strued to infringe on the rights and privileges hitherto enjoyed by lb. s. 14. chemists and druggists or dentists. DIVISION 3.^-MEDICAL WITNESSES. Coroner or 15. Whenever upon the summoning or holding of any coroner's justice may summon any + inquest or upon the holding of any inquiry by a justice touching the qualified medical witnesses. death of any person it shall appear to the coroner or justice (as the case lb. & 15. may be) that the deceased person was not at or immediately before his 6 & 7 Wiill IV. death attended by any legally qualified medical practitioner within the c an s. i. meaning of this Part of this Act such coroner or justice may issue a summons for the attendance as a witness at such inquest or inquiry of some legally qualified medical practitioner as aforesaid in actual practice who shall reside near to the place where such inquest or inquiry isholden; but where the deceased person was attended by any such practitioner, the coroner or justice shall issue a summons for his attendance only; or if the deceased was attended by more than one such practitioner, the coroner or justice may cause all or any of them to be summoned at his discretion. Coroner or 16. The coroner or justice either in such summons as aforesaid or justice (nay order a post- by an order in writing may at any time before the termination of .the morttnn _ inquest or inquiry direct any legally qualified medical practitioner to lb. 8. 16. perform a post-mortem examination of the body of the deceased either lb. s.1. with or without an analysis of the contents of the stomach or intestines. Afedical >ractitioner!( Provided that if in any case it appear to the coroner or justice that the {inplicated not to perform but death of such deceased person was probably caused partly or entirely by may attend such the improper or negligent treatment of any medical practitioner or examination. other person, then such practitioner or other person shall not be allowed to perform or assist at any such examination or analysis although he shall in every such case be allowed to be present thereat. Additional 17. Whenever it shall appear to the coroner or to a majority of the medical evidence in cases where jury at any such inquest or to the justice at any such inquiry that the the cause of death is not cause of death has not been satisfactorily explained by the-practitioner satisfactorily explained by or practitioners examined in the first instance at such inquest or inquiry, first the coroner or justice shall forthwith cause any other legally qualified exoin ination. practitioner or practitioners to be summoned as a witness or witnesses lb. tr. 17. lb. s. 2. at such inquest or inquiry; and shall direct him or them to perform a post-mortem examination with or without such analysis as aforesaid whether such an examination shall have been previously performed or not. Provided that where such additional evidence is at the instance of a majority of the jury, it shall be lawful for such majority to name to the coroner any particular legally qualified medical practitioner or prac titioners whom they wish to attend; and in that case such practitioner or practitioners shall be summoned and no other. Remuneration to med loo] 18. When any legally qualified medical practitioner has attended lb. 8. IS, at an inquest or inquiry in obedience to any such summons as aforesaid, lb. s. 3. he shall for such attendance and for giving evidence at such inquest or No. 1118.] MEDICAL ACT 1890. 2423 inquiry be entitled to receive the remuneration of one guinea and (in "MedM Pmc- addition thereto) for the making of any such.post-mortem examination the im™ra remuneration of two guineas ; and if the place of his residence shall be^ more than ten miles distant from the.place where the inquest or inquiry is holden, then such practitioner shall be entitled to a sum of one shilling for every mile of such extra distance in addition. Provided that no remuneration shall be paid for the performance of any poa(-e&jwiiLiv. moH&M examination instituted without the previous direction of the l coroner or justice. Provided also that where the death shall have i°- s, .5 happened in any public hospital gaol or other public building, no medical officer appointed with salary to attend such hospital gaol or building shall be entitled to any such remuneration. 19. Where any such summons or order of any coroner or justice Medical as aforesaid shall nave been served upon any medical practitioner to ne^uing to whom the same was directed or shall have been left at his usual resi- at*end **> forfeit j - oi • 1. ±- £ i_* j. 1. j.1. j L 1_ 11 andpaya dence in sumcient time tor him to obey the same and he shall never- penalty. theless not obey such summons or order, he shall for such neglect!b- '•w- forfeit and pay a penalty or sum 01 not less than lnree pounds nor more than Twenty, to be recovered in a summary way before any two justices, unless he shall at the hearing of the case show a good and sufficient excuse for such neglect to the satisfaction of such justices. DIVISION 4.—SCHOOLS OF ANATOMY. 20. The word " person" wherever the same occurs in this Division Meaning of of this Part of this Act shall be deemed to include any society whether '^^^"J"^1S established by charter OT otherwise. " P"1*- 21. The tcovernor with the advice 01 his Executive Council may Governor in grant a licence to practise^ anatomy on such conditions for such period ^^nt ]jcTnces to 0 and subject to revocation in such manner as may be therein expressed JJ^'^ y to any graduate or licentiate in medicine or to any legally qualined it,. B. a. medical practitioner in Victoria, or to any legally qualified professor or ^^j"*IV- teacher of anatomy medicine or surgery or to any student attending any school of anatomy, on application from any such person for such pur pose countersignedby a police magistrate or by the chief medical officer of Yictoria certifying that to his knowledge or belief such person so applying is about to carry on the practice of anatomy. 22. The Governor with the advice aforesaid may appoint from Governor in time to time one or more person or persons to be an inspector or in- npp^tinspec- spectOTS of places where anatomy is carried on; and every such inspector tors ot schools 0f T 11 A' * £t± 'iii 111/^ it anatomy* shall continue in othce until he be removed by the Governor; and the j&. B. 22. Governor with the advice aforesaid may direct what places where n>- «• . 2 *• anatomy is carried on every such inspector shall superintend and in what manner every such inspector shall transact the duties of his office. 23. Every inspector to be appointed by virtue of this Division of Inspectors to this Part of this Act shall make a quarterly return to the Eegistrar- ™tjectetio*18 *' !lt l n 11 General of Victoria of every deceased person's body that has been "!n? i? removed for anatomical examination to any place in his district where p, t &, anatomy is carried on, distinguishing the sex and as far as is known it,, a. 4. at the time the name and age of each person whose body was so removed as aforesaid. 2424 MEDICAL ACT 1890. [54VIOT. "Medical Prac* 24. It shall be lawful for every such inspector to visit and inspect is65™s",24.(*""n"iiii*ion, to receive or possess for anatomical examination or to examine ana-2 & 3 win, jV. tomically the body of any person deceased, if permitted or directedc-76 «•l0- so to do by a person who had at the time of giving such permission or direction lawful possession of the body and who had power in pursuance of the provisions of this Division of this Part of this Act to permit or cause the body to be so examined, and provided such cer tificate as aforesaid were delivered by such person together with the body. 30. Every person so receiving a body for anatomical examina- such persons to tion after removal shall demand and receive together with the body Eocf/acertifl- e a certificate as aforesaid, and shall within twenty-four hours next after SJ^BtMSf^e*1 such removal transmit to the inspector of the'district such certificate transmitted to ii j_ • i J_> J. n i i ii 1 j» i ,1 the inspector. and also a return stating at what day and hour and from whom the ^ t %) body was received the date and the place of death the sex and (as far it.«, 11. as is known at the time) the christian and surname age and last place of abode of such person, or if no such inspector have been appointed to the legally qualified medical practitioner or police magistrate residing nearest to the place to which the body is removed, and shall enter or cause to be entered the aforesaid particulars relating thereto and a copy of the certificate he received therewith in a book to be kept by him for that purpose, and shall produce such book whenever re quired so to do by any inspector so appointed as aforesaid. 31. It shall not be lawful for any person to carry on or teach Notice to be anatomy at any place or at any place to receive or possess for ana- f^tary or tomical examination or examine anatomically any deceased person's ^tomvisahout body after removal of the same, unless such person or the owner or to be practised. occupier of such place or some person by this Division of this Part *?* *• ™m £ L.-C- A i. it •' j 1 - 1. J- J. • 11 I 11 i. 1 J. lb. 8.12. ot this Act authorized to examine bodies anatomically snail at least one week before the first receipt or possession of a body for such purpose at such place have given notice to the Chief Secretary for the time being of Victoria of the place where it is intended to practise anatomy. How bodifls UTG 33, Every such body so removed as aforesaid for the purpose of for e'xamSiotiori- examination shall before such removal be placed in a decent coffin Provision for or shell and be removed therein; and the person removiner the same 'j**™*™** or causing tiie same to be removed as aforesaid, shall make provision ^ a 13. 2426 MEDICAL ACT 1890. [54 VICT. 4' Medical Prac- that such body after undergoing anatomical examination be decently JSB?"'*510'™'* interred in consecrated ground or in some public burial ground in use for persons of that religious persuasion to which the person whose body was so removed belonged, and that a certificate of the interment of such body shall be transmitted to the inspector of the district within six weeks after the day on which such body was received as aforesaid. Governor in 33. The Governor in Council may from time to time by Order in Council may vary period for Council vary the period limited by the last preceding section as the transin ission of time within which certificates of interment are to be transmitted to certificates of interment. the inspectors of districts. 4 * Tht A-titttotttty JiGl lood -J* i, 34. No legally qualified medical practitioner nor any graduate 34 & 35 Vict. or licentiate in medicine nor any professor teacher or student of Pelona duly anatomy medicine or surgery having a licence from the Governor in authorized not to be liable to Council as aforesaid shall be liable to any prosecution penalty forfeiture pu jiL&hintin t for having in their or punishment for receiving or having in his possession for anatomical possession examination or for examining anatomically any dead human body huliLQJj UOCLLGBL *4 Medical Prtbe-according to the provisions of this Division of this Part of this Act. titiftTiffl$ Stfitmte 35. Nothing in this Division of this Part of this Act contained 2& 8 Will* IV. c 75 s.14. shall be construed to extend to or to prohibit any post-mortem exami Post^mffltetrt nation of any human body required or directed to be made by any examination not prohibited. competent legal authority. Jb* &, 33- lb. H* 16* 36. If any action or suit shall be commenced or brought against Limitations of any person for anything done in pursuance of this Division of this Part actions. of this Act, the same shall be commenced within six months next after the cause of action accrued. Offences against 37. Any person offending against the provisions of this Division this Division. lb. #- 3&+ of this Part of this Act shall be deemed and taken to be guilty of a lb. g, 13, misdemeanor, and being duly convicted shall be punished by imprison ment for a term not exceeding three months or by a fine not exceeding Fifty pounds at the discretion of the court before which he shall be tried. PABT II.—DENTISTS. Interpretation. 38. In the construction and for the purposes of this Part of this "The Dentists Act the following terms shall if not inconsistent with the context have Act 1#37 '* S* 3* the respective meanings hereby assigned to them (that IB to say):— "Dental Board.* " Dental Board " shall mean the Dental Board appointed under the provisions of " 27« Dentists Act 1887 " or of this Part of this Act: 'Dentist*1 " Dentist" shall mean a person registered under " TJie Dentists Act 1887 " or under this Part of this Act: 'Minister.'1 " Minister " shall mean the responsible Minister of the Crown for the time being administering this Part of this Act: ' Register/' "Register" shall mean the dentists' register for qualified dentists to be kept in pursuance of the provisions of this Part of this Act: *' Registrar*" " Registrar " shall mean the registrar appointed under the pro visions of " The Dentists Act 1887 " or of this Part of this Act. No. 1118.] MEDICAL ACT 1890. 2427 DIVISION 1.—DENTAL BOAED AND OFFICBBS. 39. The Governor in Council may appoint a board consisting ofAui^rf's eight members tinder the style of "The Dental Board of Victoria" Appointmeut^f hereinafter in this Part of this Act termed the " Dental Board." D6"*"1 Board* 40. No person shall be appointed or elected president or member Term of onice of the Dental Board for more than three years, but any person appointed !S™E!val °f or elected a member of the Dental Board shall upon the expiration ofm».A the term for which he was so appointed or elected be eligible for re-appointment or re-election. The Governor in Council may from time to time remove the president or any member of the Dental Board. 41. A quorum of the Dental Board shall consist of not less than auorum and three members thereof. In the absence of the president from any ^J1^"' meeting of the said board one of the members present shall be elected chairman of that meeting. 42. If any vacancy occur in the office of member of the Dental First members Board during the period for which the first members of the said board fiedncy hl>w are appointed, the Governor in Council may fill such vacancy by '»• *e- appointing without previous election any dentist; and the person so appointed shall hold office until the expiration of three years from the date of the appointment of the first members and no longer. 43. On the expiration of the period for which such first members subsequent •j-ji-iiij*. ini T *i i j_ l 'Li sresidents and were appointed to hold orhce no person shall be eligible to be appointed members. a member of the Dental Board unless he have been elected to act as abb- *•7- member of the said board by the dentists ; and no person shall be appointed president unless he be a member of the said board and have been elected by the other members thereof to act as president. At least four members of the said board shall be dentists and three shall be legally qualified medical practitioners registered under Part I. of this Act. Every election of a person to act as a member of the said board shall be held in the manner prescribed by regulations made or to be made by the said board subject to the approval of the Governor in Council. 44. The persons appointed by the Governor in Council shall conduct Duties of examinations for the purposes of this Part of this Act in such manner ^enta! Bo"d< and shall grant certificates in such form as the Governor in Council «4«viet from time to time by regulation directs. a S3 e. i& 45. The Dental Board may from time to time appoint a registrar Dental Board and any officers they may think fit for the purposes of this Part of this SSLraMd* Act and may at any time remove any person so appointed ; and may makeby-iawe. from time to time subject to the approval of the Governor in Council make alter and repeal by-laws regulating their proceedings and sittings and the election of a chairman and generally as to the conduct of their business. DIVISION 2.—-REGISTER. 46. A register shall be kept by the registrar to be called the Contents and " Dentists' Register," and the said register shall contain in one alpha- J°™ <^K«iste'- betical list according to surnames the names of all dentists who are iD'8. n' registered under this Part of this Act, and shall state the full names and addresses of the registered persons, the description and date of the qualifications in respect of which they are registered, and subject to the provisions of this Part of this Act shall contain such particulars and be 2428 MEDICAL ACT 1890. [54 VICT. " The Dentutt in such form as the Governor in Council from time to time directs, and Act 1887." the said register shall be open to inspection by the public on payment of Fourth Schedule. the fees prescribed in the Fourth Schedule hereto. Correction of 47. The registrar shall from time to time insert in the register register. lb. s.11. any alteration which comes to his knowledge in the name or address 41 fe 42 Vict, of any person registered therein, and he shall erase from the register c 3it B, 12. the name of every deceased person; and in the execution of these duties the registrar shall act in each case on such evidence as appears sufficient. Erasing from 48. Any entry in the register which appears to the registrar to dentists' register name of practi have been irregularly or fraudiilently made may be by him erased if the tioner convicted Minister so direct. If any person registered under this Part of this of crime or (ruilty of Act has either before or after the passing thereof and either before disgraceful conduct. or after he is so registered been convicted either in Her Majesty's lb. s. 13. dominions or elsewhere of an offence which if committed in Victoria Ih. s. 13. would be a felony or a misdemeanor, such person shall be liable to have his name erased from the register. The Dental Board may 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 shall make representation of the same to the Governor in Council, who may thereupon direct the registrar to erase the name of such person from the register. Provided that the name of a person shall not be erased under this section on account of a conviction for a political offence out of Her Majesty's dominions. Penalty for wil* 49. Any person who wilfully makes or causes to be made any ful falsi Hcation falsification in any matter relating to the register shall be deemed of register. lb. I* 1&* guilty of a misdemeanor, and shall on conviction thereof be liable to lb. s. 34. be imprisoned for any term not exceeding twelve months. Copies of register 50. A true copy of the register aforesaid certified by the registrar to be eiHdeiioe. to be a true copy shall in the month of January in each and every lb. s. 14. lb. s. 20. year be sent to the Minister and shall by him be published in the Government Gazette end shall be published and sold by the Dental Board, and any printed documents purporting to be a copy of such register shall be primdfacie evidence in all courts of law in all legal proceedings whatsoever and before all justices and others that the persons therein specified are registered according to the provisions of this Part of this Act, and the absence of the name of any person from the latest of such printed copies for the time being shall be primd facie evidence until the contrary be made to appear that such person is not so registered. Provided that in the case of any person whose name does not appear in such copy a certificate under the hand of the registrar to the effect that such person is registered under this Part of this Act shall be evidence that such person is registered under this Part of this Act. Certificate of 51. On application made to him at any time for that purpose the registration. registrar shall, if so directed by the Dental Board, issue to any appli /e. 8. 15. cant a certificate to the effect that he is registered under this Part of this Act. DIVISION 3.—REGISTRATION. Penalty on unregistered 52. Prom and after the coming into operation of this Act no rperson.™.„—s usin^g person other than a legally qualified medical practitioner shall be ^3 ''ttst^ic. entitled to take or use the name or title of " dentist" or of '' dental No. 1118.] MEDICAL ACT 1890. 2429 practitioner" or of ''dental surgeon" or any name title addition or «• The Dennett description implying that he is registered under " The Dentists Act °t..„.,.\ " l l + Tk J>1+ 1 1+ ,1141ffl41: VK36. 1887 or under this Part ot this Act or that he is a person specially a as*, a. qualified to practise dentistry (either alone or in combination with any other word or words) unless he be registered under " T/te Dentists Act 1887" or under this Part of this Act. Any person who after the coming into operation of this Act not being a person registered under " The Dentists Act 1887" or under this Part of this Act or a legally qualified medical practitioner takes or uses any such name title addition or description as aforesaid shall be liable on conviction to a penalty not exceeding Twenty pounds. 53. Every person registered under " The Dentists Act 1887" or Privilege of under this Part of this Act and every legally qualified medical practitioner j3™ns* shall be entitled to practise dental surgery and dentistry in any part of n>. *• 171 Victoria, and to sue in any court of law within Victoria to the extent oflb* "•6* the jurisdiction of such court for the recovery of his fees or other remu neration for his professional services in dentistry or in the performance of any dental operation or for any dental attendance or advice, and it shall be sufficient to state in the particulars of demand the words "for dental services," which shall include every demand for any dental operation attendance and advice and for any articles supplied by the plaintiff to the defendant for dental purposes. Prom and after the coming into opera- wsawiitiesof ,. » j.1 • i J t. n'i. J>AI J x 2 iT unregistered tion oi this Act no person snail be entitled to recover any tee or charge persons. in any court of law for the performance of any dental operation or for any dental attendance or advice, or shall hold any appointment as a dentist or dental practitioner or dental surgeon in any hospital infirmary dispen^ary-'or'lying--in-hospital or in any lunatic asylum gaol penitentiary or other public institution, unless he is registered under " The Dentists Act 1887 " or under this Part of this Act or is a legally qualified medical • practitioner. 54. Any person whO:— <}ualincation /• \ T „• J. J • j.-i.i J J. 1. ™ i J • J.L. TT—'t J necessary for (a) Is registered or is entitled, to be registered m the United registration. Kingdom in accordance with the law for the time being J&. s. is. in force therein as a dentist or medical practitioner: Fifth schedule. (b) Is entitled as hereinafter mentioned to be registered under this Ir art of this ixct as a dentist: (c) Was at the fame of the passing of " The Dentists Act 1887 bond fide engaged m any part of Victoria m the practice of dentistry or dental surgery either separately or in conjunction with the practice of medicine surgery or pharmacy and shall have produced or transmitted to the registrar before the first day of March One thousand eight hundred and eighty-eight information of his name and address and a declaration signed by him in the form pro vided by the said Act: (d) Has attained the age of twenty-one years and has been engaged continuously during a period of not less than four years in the acquirement of professional knowledge and has passed an examination before the board in the subjects prescribed by them, subject to the approval of the Governor in Council— shall be entitled to be registered under this Part of this Act. 2430 MEDICAL ACT 1890. [54 VICT. " The Dentist* 55. Any dental student who has been studying with and any Act\m"s. I». Provision in apprentice of any person entitled to be registered under this Part of favour of this Act who has commenced his professional education or apprentice students study ing dentistry ship at least six months before the seventeenth day of December One before passing thousand eight hundred and eighty-seven and has served as a pupil or of Act No. Mil. 41& 4K Vict. apprentice for not less than three years shall be entitled on making a c. 33 e. 37. Sixth Schedule. declaration in the form in the Sixth Schedule hereto to be registered under this Part of this Act as though he had been on the seventeenth day of December One thousand eight hundred and eighty-seven bond, Reengaged in the practice of dentistry or dental surgery in Victoria. Registration of 56. Any pergpn who either is not domiciled in Victoria or has dentists with recognised practised dental surgery or dentistry for more than ten years elsewhere irfCrt.1 ijcat^v. than in Victoria, showing that he holds some recognised certificate as Iv* 8. 20. lb. s. & hereinafter defined granted in some portion of the British possessions other than the United Kingdom and that he is of good cnaracter, shall upon the payment of the registration fees be entitled without examina tion to be registered as a dentist under this Part of this Act. Registration of 57. Any person who is not a British subject or who either is not dentists with domiciled in Victoria or has practised dental surgery or dentistry more than ten years elsewhere than in Victoria, showing that he holds some Jv* II. 21. recognised certificate as hereinafter defined granted in a foreign country lb. B. 9 and that he is of good character, and. either continues to hold such certificate or has not been deprived thereof for any cause which dis qualifies him from being registered under this Part of this Act, shall upon payment of the registration fees be entitled without examination to be registered as a dentist under this Part of this Act. Recognised 58. The certificate granted in a British possession or in a foreign certificates of ^ country which is to be deemed such a recognised certificate as is JO. t* &£. required for the purposes of this Part of this Act shall be such certificate lb. s. 10. diploma membership degree licence letters testimonial or other title status or document as may be recognised by the Dental Board as entitling the holder thereof to practise dental surgery or dentistry in such possession or country, and as furnishing sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of dental surgery or dentistry. Dental Heart! to 59. If any person is refused registration under this Part of this stow reasons for ^ ^ dentist, the Dental Board shall if required by him state in registration. writing the reason for such refusal; and if such reason be that the ^' *"^ certificate held or obtained by him is not such a recognised certificate Jh.8.10, ^ ~wvv vvv j - .. ~ ° . ^ VWK« as above defined, such person may appeal to the Governor in Council, and the Governor in Council may after hearing the said board dismiss the appeal or order the said board to recognise such certificate, and such order shall be duly obeyed. Regulations with respect to 60. The Dental Board may from time to time subject to the recognition of approval of the Governor in Council make alter and repeal regulations certificates. 11. n. Hi. specifying what certificates diplomas memberships degrees licences letters testimonials or other titles status or documents granted in a British possession other than the United Kingdom or granted in a foreign country will be recognised by the said board as qualifying persons holding them or any of them to be registered under this Part of this Act as dentists. No. 1118.] MEDICAL ACT 1890. 2431 61. The Dental Board may when any person makes application to " Tie IVBK»W be registered in respect of any certificate diploma membership degree jmies7""*24- T i LL j. x* - i xi x-xi x x 1 i. x *r> -\ DentalBoard licence letters testimonial or other title status or document not specified may deal mm in such regulations entertain such application and deal with it specially, ^S°oVor and may if they think fit give to such, applicant a certificate of recog- **« " The Dmtwts may examine any person upon oath or take a solemn declaration ffom Actm77». so. g^jjn person. an(j if any person wilfully knowingly or corruptly make any false statement upon such examination or m such declaration or utter or attempt to utter or put off as true before the said board any false forged or counterfeit certificate diploma licence letter testimonial or other document or writing, he shall be guilty of a misdemeanor, and being thereof duly convicted he shall be liable to be imprisoned for any period not exceeding one year. oftcnoes md 6S. All offences under this Part of this Act shall be heard and ^naities. determined and all penalties imposed by this Part of this Act shall be recovered in a summary manner before two justices of the peace in petty a *>• sessions, and all penalties when recovered shall be paid to the Dental Board to be applied towards the expenses of carrying this Part of this Act into ericct. Powerto, t 69. Subject to the provisions of this Part of this Act, the Governor coundftolnakem Council may from time to time fix the times at which examinations are relations. t0 i,e hcid under this Part of this Act and may make alter and revoke « & ^viot Slica or'dcrs' and regulations as ho thinks fit with respect to the exami- c 33 es. .7,28, natton of persons desiring to obtain cerrificates of fitness to practiss M' dental surgery or dentistry,,the granting of certificates of recognition and of fltnessby the DcntalBoard, thekeepingof the register, registration therein, and the payment of fees in respect of certificates granted by the said board under this Part of this Act and in respect of examina tions held by the said board, and generally for carrying this Part of this Act into effect. Fees. 70. The fees mentioned in the Fourth Schedule to this Act shall ib. a. 32. jjC payable by persons applying to be registered or obtaining certificates Siduk. of registration under this Part of this Act or inspecting the register respectively by the registrar, and shall be applied by theT)ental Board in such manner as they think fit in defraying the expenses and carrying out the provisions of this Part of this Act. Registered 71. All persons registered under " The Dentists Act 1887" or under Fm™mrvln"'1 m tikis Part of this Act shall be exempt from serving in the militia. militia. '*• *• ^ PART III.—CHEMISTS. Interpretation. 72. Chemists and druggists within the meaning of this Part of j™0Sj??.aml this Act shall consist of all persons who at any time before the passing '*"'M™F(KS Act of the e "Parmacy Act 1876 " "ave carried dn the eusiness of a chemist wo"*. 2. • an,j drUggi8t in the keeping of open shop for the compounding of the ^S''is35-"iJT* prescriptions of duly qualified medical practitioners and of all persons • duly registered under the " Pharmacy Act 1876," and also of all such persons as may be duly registered under this Part of this Act. DIVISION 1."-—PHARMACY BOARD OF VICTORIA. 73. Subject to the provisions of this Part of this Act the Governor pilar!!™)'. in Council may appoint a board consisting of a president and six other '• pharmacy Act members, ,nder the style ef ""he eharmacy Board df Victoria," UM-K. hereinafter in this Act termed "The Board." Removal of 74. No person shall be elected or appointed president or member 7™* <"" wr more ^uan three years, but shall be eligible foo re-election or re-appointment, and the Governor in Council may from time to time remove the president or any other member of the board. No. 1118.] MEDICAL ACT 1890. 2433 75. No person shall be a member of the board unless he be a " pharmacy Att registered pharmaceutical, chemist, and unless he shall hare been elected ^™ J^t to act as a member of the board by the registered pharmaceutical presidents and i • i. j?-¥?-' A. * i i n i * j. i *j _x members' chemists ot Victoria; and no person shall be appointed as president unless he be a member of the board and shall have been elected by the other members to act as president. Every election shall be held in manner prescribed by regulations to be made by the board subject to the approval of the Governor in Council. 76. A quorum of the board shall consist of not less than three Quorum, members thereof, and in the absence of the president from any meetingIb- «•7- of the board one of the members present shall be elected chairman of that meeting. 77. The board may from time to time appoint a registrar and any The board may other officers whom they may require for the purposes of this Part of ^f ° offloere- this Act, and shall have power to remove the same at any time. 78. The board mayfrom time to time make alter or.rescind regu- Boardmnymake lations for the purpose of carrying this Part of this Act into effect. ^J^""19, Such regulations shall not have any effect if they be repugnant to any law in force in Victoria or to the provisions of this Act nor until they shall have been confirmed by the Governor in Council and published in the Government Gazette. 79. The board may question any person who may attend before Examination of the board and any witness .who may be produced before the board and ^tn "Pharmaccyct in accordance eith this sart of this Act, and. tht said fees shall be paid 1 to the registrar of the board for the purposes of this Part of this Act. Boimi may alter 83, The board may from time to time make the necessary altera- erSsonamM tions in the registration of the qualifications and addresses of the persons therefrom, registered under the "Pharmacy Act 1876 " or under this Part of this Acc, and may from t£me to t^me writ0 or causc to be written a letter to any registered pharmaceutical chemist addressed to him according to his last-known address to inquire whether he has changed his residence "Tkt Pharmacy or place of business and if no answer be returned to such letter within the period 0f six mntths from the sending thereof the board may erase the name of such person from the pharmaceutical register and may restore the same to such register upon the personal application of such person and production of his certificate or satisfactory proof of his former registration. Notice of ohango 84. Every registered pharmaceutical chemist on changing his resi- tobe sent to tho tlGnce or place of business shall intimate the same to tlie board; and ^ttrd. every deputy registrar appointed under the Registration of Births si&82Vict. Deaths and Marriages Act 1890 or rnder rhe Act repealed dhereby, ,n o.121ss 11. rrceiving iiformatton oo fhe death of fny yegistered pharmaaeutical chemist shall forthwith transmit notice thereof by post to the registrar of the Pharmacy Board in Melbourne, and on receipt of such notice the registrar shall inform the board thereof and the board shall erase the name of such chemist from the Pharmaceutical Register of Victoria; and every such deputy registrar failing to transmit such notice _ as aforesaid within two months^ from the date of his receiving information Oi any such death shall be liable on conviction to a fine not exceeding Five pounds. Board may 85. If any registered pharmaceutical chemist be convicted of any registe? in ottence under this Part of tins Act or of any felony or misdemeanor oertam caeca whcch in the opinion of the board renders him unfit to be on the " Pharmacy Act -m. j.- I n • J. J> tr' L • J.I_ r. J 1 • J. A AT. i87 t No. 1118.] MEDICAL ACT 1890. 2435 made; and the absence of the nameof any "person from such printed Pharmey Am • J. J> J.I j.- i * i ii i -i J.*I j.i i Lin. 1S7«-" register for the time being shall be evidence until the contrary shall be made to appear that such person is not a registered pharmaceutical chemist. DIVISION 3.—REGISTERED PHARMACEUTICAL CHEMISTS. 88. No person shall receive from the board a certificate that he Qualification of is duly qualified for registration as a registered pharmaceutical chemist ^^^utiCIii unless he shall have attained the age- of twenty-one years, and chemists. unless—(*> a~s' ^ (i.) At any time before the first day of January One thousand eight hundred and seventy-seven he shall for not less than two months have carried on the business of a chemist and druggist or homoeopathic chemist in the keeping of an open shop for the compounding and dispensing of the prescriptions of legally qualified medical practitioners, or unless (n.) At any time before the first day of January One thousand eight hundred and seventy-seven he shall for not less than three months have been employed as a dispensing assistant in an open shop for the compounding and dis pensing of the prescriptions of legally qualified medical practitioners, or until he shall have been for not less than three years employed as a dispensing chemist in an hos pital benevolent asylum or other public institution, or unless (in.) He hold a certificate or diploma of competency as a pharmaceutical chemist or as a chemist and druggist or homoeopathic chemist from the Pharmaceutical Society of Great Britain or any college or board of pharmacy recognised by the board under any regulations made or for the time being in force under this Part of this Act, or unless (iv.) He shall have passedapreliminary examination before the Qualification of commencement of his apprenticeship and shall have served plw^SUicai for not less than four years as an apprentice in the business chemist. of a registered pharmaceutical chemist or chemist and j^se^TT" druggist or homoeopathic chemist keeping open shop or dispensary of any friendly society registered under the "Friendly Societies Statute 1865" or the "Friendly Societies Act 1877" or any Act amending the same or the Friendly Societies Act 1890 or dispensary kept in connexion with any public hospital under the manage ment of a registered pharmaceutical chemist for the compounding and dispensing of the prescriptions of legally qualified medical practitioners, and shall also have attended one course of lectures and passed examinations during one session in each of the following subjects at (a) An applicant who has qualified himself merits of these sub-sections, the board acts in a within the statutory terms of any sub-section of quasi-judicial capacity, costs will not be given this section has a legal right to receive a certificate. against the board unless itactsmofa^cte.—/teg. v. The board has no right to inquire into his fitness Pharmacy Board, ex parte Dimmoeh, 12 V.L.R., outside these provisions. Semble, as in deternun- 612. vag whether the applicant has fulfilled the require- 2436 MEDICAL ACT 1890. [54 VioT. "The'Pharmay the University of Melbourne or some school or college of Actm-- pharmacy recognised by the board:—Materia medica, botany, chemistry and practical chemistry; and shall have passed examinations before the board or before examiners thereby appointed as hereinafter provided in the subject of practical pharmacy, and any subject that may be prescribed by the board with the approval of the Governor in Council. Provided always that any person having served- a period of not less than three years' apprenticeship whose period of apprenticeship shall have commenced three months at least before the first day of January One thousand eight hundred and seventy-seven either with a chemist and druggist or with a recognised licentiate apothecary or in a public hospital shall be required to pass such modified examination only as the board may prescribe. Ninth A certificate of qualification in the form in the Ninth Schedule hereto 4 f .Phftntmcti Act shall entitle the person named therein on payment of the proper fee to ie78"». i8. be registered under this Part of this Act at any time within six months after the date of such certificate. bfffimJed*8 to ^* ^ sna^ be the 4U^ °^ every registered pharmaceutical opportunity of chemist who has an apprentice to allow such apprentice during the last ?«tu^g year 0I> h^ apprenticeship a reasonable time for the purpose of attend- "TheP/iarmaei) ing lectures in accordonce with the requirements of the lasl preceding Attim'a. e, section, and such duty to allow such reasonable time shall be deemed to be a condition of the contract of such apprenticeship and the failure or refusal to allow such reasonable time shall be a breach of such contract of apprenticeship. Of0 in, i. J u 11 -it ffi .,,•,, nn^hJ^v ho L* r J. C\.n ii o. 5 esent QS e progr ye 2v?™£i!ry uon conducted by the board. boa^L N h ll Vi . j , ,i u i i " PKarmaeg Jet annrt' r f ft. . 1, ii' ( il h (li t f II d F f? Il 1876"*. m PP . f + t d 1 fli r Vi ' r th f n til Aet lW'ftT"^ rpi • j. +li « | il 1 |i f t +}, rt W f f 1 " h ' f\ Thirteenth ,, cenin oc e_ e er®t0 or to t e e e e o ng ervea schedule. ie ppient cesmpanawnerenecessarycein cateso s ngattendea r^C0I?.se f lec™res and passed the examinations directed in the last ^rd^control _ _ 91. The board shall have power to control and direct the pre- in practical limmary and all examinations including practical pharmacy and such pharmacy. other sumects as may from time to time be approved by the (governor lb. e. o. • nnnnrji 'ft Tinhlitliffl W the re^nlations of the board Snob w(rTyi?/A'>t examinations shall not include the theory and practice of medicine 1868"«a!ict' surgery or midwifery. The board may grant or refuse to such persons certificates of competency skill knowledge and qualification to exercise the business or calling of a pharmaceutical chemist. In the case of rejection a rejected candidate may present himself for re-examination SlSteB after a period of three months. previously to go Every person who desires a certificate of Qualification for it, i. si. registration under this Part of this Act or to be examined shall furnish ^N£^TTy the board with a statutory declaration according to the Tenth or Tenth soheduie. Eleventh Schedule or to the like effect. Eleventh Scheduleh No. 1118.] iVLJjJJlOAJj AOl lb"U. 2437 Where a person applies for such certificate under sub-section One of "Pharmacy Act section eighty-eight his declaration must be accompanied by the statutory 1876' declaration of a justice or legally qualified medical practitioner in the form in the Twelfth Schedule or to the like effect that such justice Twelfth or practitioner from his own knowledge believes the statement of the Sehwlu,e' applicant to be correct and true. Where a person applies for such certificate under sub-section two of section eighty-eight his declaration must be accompanied by a statutory declaration in the form in the Thirteenth Schedule or to the like effect Thirteenth of the person in whose shop he was employed that the statement of the Sched,,le- applicant is correct and true. Where a person applies for such certificate under sub-section three of section eighty-eight his declaration must be accompanied by the certificates or diplomas on which he bases his application. Such certifi cates or diplomas shall be returned to the applicant. DIVISION 4.—MISCELLANEOUS. 93. The word " person " wherever the same occurs in this Division Interpretaiion. of this Part of this Act shall be deemed to include any corporation "Tk*£!>,a™aAct of Parliament. 94. The provisions of Part IV. of the Health Act 1890 shall extend Application of to all articles usually taken and sold as medicines, and every adulteration ^HwUhAa - of any such article shall be deemed an admixture deleterious to health; J880- and any person whether registered under this Part of this Act or not isifTia?Act who sells any such article adulterated shall unless the contrary be proved "The Pharmacy be deemed to have knowledge of such adulteration. J«(188S"*.II. 95. Nothing in this Part of this Act contained shall extend to or Re9rr^ng *riffhts interfere with the business or with any rights and privileges of any to certain legally qualified medical practitioner or of any member of the Royal E^^ Act College of Veterinary Surgeons of Great Britain nor with the business iswu-sa. of wholesale dealers .in supplying drugs and chemicals in the ordinary ^ft 16 , course of wholesale dealing; and upon the decease of any registered pharmaceutical chemist actually in business at the time of his death it shall be lawful for any executor administrator or trustee of the estate of such pharmaceutical chemist to continue such business for a period "Th* Pharmacy of two months and no longer unless by permission of the Board of Phar- "**'1S8S *'u" macy of Victoria if and so long only as such business is bondjide con ducted by a registered pharmaceutical chemist. 96. Any deputy registrar or other person who shall wilfully make Penalty tor j. i 1 i* i 'i* j_' * LL ' ii* L ±1 TVI fraudulent or cause to be made any falsification in any matter relating to the rhar- registration. maceutical Register of Victoria or the Pharmaceutical Register of "^£iS™f^Act Victoria for any year, and any person who shall wilfully procure or Ib t 4 attempt to procure himself to be registered under this Part of this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing and any one aiding or assisting therein shall be deemed guilty of a mis demeanor punishable by fine or imprisonment, and shall on conviction . be liable to a penalty not exceeding Twenty pounds or to imprisonment for any term not exceeding twelve months. 2438 MEDICAL ACT 1890. [54 VICT. " pkanmey Act 97. Any person who commits in Victoria any of the following is7c i. 26. 'offences shall on conviction thereof be liable to a penalty not exceeding Penalties for m IJ> T ./*• I ii -LI. I • P other offences. len pounds lor each onence, and may also be committed to prison lor any period not exceeding six months :— (i.) Any person not being a registered pharmaceutical chemist who carries on or attempts to carry on business as a chemist and druggist or homoeopathic chemist or either: (-> (n.) Any person not being a registered pharmaceutical chemist who takes uses or exhibits the name or title of or who pretends to be a registered pharmaceutical chemist, ••ThePharmacy chemist and druggist, chemist, druggist, pharmacist, •• The statute pharmaceutist, pharmaceutical chemist, homoeopathic If?-.?i^UyW chemist, dispensing chemist, or dispensing druggist, or who takes or uses any title or term or sign or symbol which may be construed to mean that he is qualmed to perform the duties of a pharmaceutical chemist: (in.) Every registered pharmaceutical chemist or person in the employ of such chemist who prescribes or practises medicine or surgery except in accordance with any rights and privileges hitherto enjoyed by chemists and druggists in their open shops: (iv.) Any person who fails to comply with the provisions of this Part of this Act or any regulation made hereunder. Nothing in this Part of this Act shall prevent any person from being liable to any other penalty damages or punishment to which he would have been liable if this Act had not been passed. Offences and 98. All offences under this Part of this Act shall be heard and pen *ies. . determined and all penalties imposed by this Part of this Act shall be 1870" <. 2ac tecovere- in a sumxary manner iefore two j•stices on the peace in petty sessiins; and all penalties when eecovered shall ft paid to the board to be applied towards the expenses of carrying this Part of this Act into effect, PART IV.—ADOPTION OF THE .BRITISH PHARMACOFOMA. Adoption of 99. The British Pharmacopoeia a*s published in England under the pharmacopoeia, direction of the General Council of Medical Education and Eegistration Ac noO .ss a. i. of the United dingdom and sanctioned dy Act of the Imperial Parlia ment is hereby declared to have been and is for all purposes substituted in Victoria for the Pharmacopoeias published in England under the direction of the Royal College of Physicians of London, and sanctioned by an order of Her Majesty in Council, published in Scotland under the direction of the Royal College of Physicians of Edinburgh but without any legal sanction and published in Ireland under the direction of the King and Queen's College of Physicians in Ireland and sanctioned by Act of Parliament. (a) A society having, among various other chemist was liable to a penalty within the branches of business, a pharmacy department dis- meaning of thU sub-section for carrying; on the pensed drugs to its customers through the instru- business of a chemist.—Shillinglaw v. Ttie Equit- mentality of aregistered pharmaceutical chemist: able Co-operative Society lAmited, 12 V.L.K., Held, that such society not being registered as a 898. No. 1118.] MEDICAL ACT 1890. 2439 SCHEDULES. FIRST SCHEDULE. Section 2. Date of Aot. Title of Aot. Extent at Repeal. 28 Vict. No. 262 ... "Medical Practiiioners Statute 1865 " The whole. 32 Vict. No. 333 ... "An Act to adopt the, British Pharmacopoeia." The whole. 39 Vict. No. 527 ... "An Act to amend Ac 'Medical Practitioners The "whole. " SStutete 1865*" 40 Vict. No. 558 ... ''Pharmacy Act 1876" So much as is not already repealed. 49 Vict. No. 858 ... " The Pharmacy Act 1885 " ... So much as is not already repealed. ou Vict. £Jo. oWl " The Anatomy Act 1886" The whole. 61 Vict. No. 9G0 •* . " The Dentists Act 1887 " The whole, except so much of sec tion 33 as re. lates to service on juries and inquest. 53 Vict. No. 1041... 1 Medical Practitioners Act 13S9 " The whole. SECOND SCHEDULE. Section 5. Name. Residence. Qualification. A. B. ... Melbourne • ... Fellow of the Royal College of Physicians. Member of the Royal College of Surgeons, Edinburgh. Licentiate of the Society of Apothecaries, Lon don. C. D...... Ballarat Member of the Royal College of Surgeons, London. E. P, ...... Castlemaine ,.. Licentiate of the Faculty of Physicians and Surgeons of Glasgow. G. H...... Geelong ... ,. * Licentiate of the Society of Apothecaries, Lon don. A.B. President of Medical Board. C. D. Member of Medical Board. E.F. Do. do. THIRD SCHEDULE. Section 9. 1. Fellow, Member, Licentiate, or Extra-Licentiate of the Royal College of Physicians of London. 2. Fellow, Member, or Licentiate of the Royal College of Physicians of Edinburgh. 3. Fellow or Licentiate of the King 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 of Edinburgh. 6. Fellow or Licentiate of the Faculty of Physicians and Surgeons of Glasgow. 7. Fellow or Licentiate of the Royal College of Surgeons in Ireland. 8. Licentiate of the Society of Apothecaries, London. 9. Licentiate of the Apothecaries Hall, Dublin. 10. Doctor or Bachelor of Medicine, or Master in Surgery of some British or Colonial University. VOL. III. 3 o 2440 MEDICAL ACT 1890. [54 VICT. J.111RD SCHEDULE—coyittuued. 11. Any legally qualified practitioner registered in the United Kingdom under the Acts of the Parliament of the United Kingdom of Great Britain and Ireland passed respectively in the twenty-first and twenty-second year of Her Majesty intituled *"An Act to regulate the Qualifications of Practiiioners in Medicine cutid Surgery^ and in the twenty-second year of Her Majesty intituled "An Act to tttn&td the MediccU Act 1858 if or any Acts amending the said Acts. 12. Medical officers duly appointed and confirmed of Her Majesty's Sea or Land Service. 13. Any person who shall prove to the satisfaction of the Board that he has passed through a regular course of medical study of not less than three years' duration in a British or foreign school of medicine, and has received after due examination from some British or foreign university, college or body, duly recognised for that purpose in the country to which such university college or other body may belong, a medical diploma or degree certifying to his ability to practise medicine or surgery as the case may be. EfutrtlOllS 4Q VE J"« FOURTH SCHEDULE. On application 5 5 0 Certificate of registration 0 5 0 Inspection of register 0 5 0 Alteration of register 0 5 0 FIFTH SCHEDULE. scC-uOn M+ DECLARATION required to be made by any person claiming to be registered on the ground that he is registered or entitled to be registered in the United Kingdom as a dentist or medical practitioner in accordance with the provisions of section fifty- four sub-section (a) of the Medical Ad 1890. I, , residing at , hereby declare that I am registered [or entitled to be registered] in the United Kingdom in accordance with the provisions of section fifty-four sub-seetion (a) of the Medical Act 1890. , (Signed) Witness—' Dated this day of• 189 . _ Section G&. SIXTH SCHEDULE. DECLARATION required to be made by any person claiming to be registered on the ground that he had commenced his pupilage or apprenticeship prior to the passing of "The Dentists Act 1887." I, , residing at , hereby declare that I was six months before the passing of " The Dentists Act 1887 " bon&Jide articled to or engaged as a pupil to , a person entitled to be registered under the said Act, and that I served as a pupil or apprentice to such person for not less than three years, and that I have attained the age of twenty-one years, and have complied in all respects with the terms and conditions required by the Medical Act 1890. (Signed)' Witness— „ Dated this day of 189 . Section ol* SEVENTH SCHEDULE. PART HI. OF TJIE AIEDICAJJ ACT 1890. Register of Pharmaceutical Chemists. Nama* Residenoe Qualification. Date of Registration. Jones, Henry ... Bell-street, Fitfcroy Pharmaceutical chemist, 2nd January, 1872. Great Britain A, B.j Registrar. No. 1118.] MEDICAL ACT 1890. 2441 EIGHTH SCHEDULE. ' Section 82. Fees payable tender Part III, of the Medical Act 1890. £ s. d. For every examination before the Board under section eighty-eight ... 3 3 0 On registration as a pharmaceutical chemist without examination (section eighty-eight subdivisions 1, 2, and 3) ... -•• ...... 2 2 0 On registration in every other case .•. ... -•• ••• ... 1 1 0 NINTH SCHEDULE. Section 88. Certificate of Qualification for Registration as a Registered Pharmaceuiical Chemist under Part III, of the Medical Act 1890. We do hereby certify that residing is duly qualified for registration as a registered pharmaceutical chemist on the grounds set forth at the foot of this certificate. Dated at Melbourne this day of 189 . President (L.s.) Member (L.S.) Member (L.S.) Registrar (L.S.) TENTH SCHEDULE. Section 92. PART HI. or TILE MEDICAL ACT 1890. Declaration by a person who was in business as a Chemist and Druggist or who was employed as a Dispensing Assistant in some Pharmacy before the date of the com mencement of the "Pharmacy Act 1876." I, residing at in ,'dosolemnly and sincerely declare that I have attained the age of twenty-one years, and that I carried on the business of a chemist arid druggist [or homoeopathic chemist] in the keeping of an open shop for the compounding and dispensing of the prescriptions of legally qualified medical practitioners [or was employed as a dispensing assistant in an open shop for the compounding and dispensing of the prescriptions of legally qualified medical prac titioners] at the places and during the periods undermentioned on or before the first day of January, 1877. And I make this solemn declaration &c. Declared at in the this day of 189 before me— ELEVENTH SCHEDULE. Section 92. PART HI. o£ THE MEDICAL ACT 1890. Declaration by Apprentice. I, of do solemnly and sincerely declare— 1. That I have attained the age of twenty-one years. 2. That I have served not less than four years as an apprentice to Mr. registered pharmaceutical chemist, keeping an open shop at for dispensing and compounding prescriptions, and also that I have attended one course of lectures, and passed examinations at the University of Melbourne [or recognised school or college} in the subjects of materia medica, botany, chemistry, and practical chemistry (and any other subjects prescribed by the Pharmacy Board); [or (2)] that I have served a period of not less than three years' apprenticeship, commencing on the with Mr. a chemist and druggist, or as the case may be. And I make this solemn declaration dfce. Declared at in the this . day of 189 before me— 2442 MEDICAL ACT 1890. Sootion 92. TWELFTH SCHEDULE. Declaration to be signed by a Justice of- the Peace or legally qualified Medical Prat- liiioner respecting a person who wets »» business as a Chemist and Druggist before the "Pharmayy Act 1876." To the Pharmacy Board of I, residing at do hereby declare that I am a justice of the peace for the bailiwick of [or a legally qualified medical practitioner] and that to my knowledge residing at in the county of was in business as during the period or periods stated in his declaration dated the 189 and set out in the margin hereof; and that I believe the statements in his declaration to be true and correct. And I make this solemn declaration &c. Declared at in this day of 189 before me— Sections so 4 9a, THIRTEENTH SCHEDULE. Declaration to be signed by Master Chemists and Druggists as to Service of Dispensing Assistant or Apprentice. To the Pharmacy Board of I, residing at do hereby declare that I am a registered pharmaceutical chemist [or a pharmaceutical chemist or druggist as the case may be] and that residing at was employed as a dispensing assistant [or as. an apprentice] in my open shop at during the periods undermentioned:— From 18 To 18 And I make this solemn declaration &c. Declared at • in this day of 189 before me—• 1 END OF THIED VOLUME. ,0«