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 extent to which the same are thereby expressed to be repealed are *^f™Sta/,tte hereby repealed.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<m£fs.atJ!t<i counterfeited dertificate, knowing tht same to haha been forged altered 1805"«. io." or counterfeited, or sliall falsely advertise or publish himself as having obtained such certificate, he shall be deemed guilty of a misdemeanor and being thereof duly convicted shall be liable to imprisonment with or without hard labour for any period not exceeding three years. (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 ft we 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.