Medical Acts Amendment Act of 1966 (Qld)

158 Qu2Pnsl1txt I ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE IIEG1N AE No. 23 of 1966 An Act to Amend "The Medical Acts, 1939 to 1963," in certain particulars [ASSENTED TO 15TH DECEMBER, 1966] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Medical Acts Amendment Act of 1966." (2) Principal Act. " The Medical Acts, 1939 to 1963 " are in this Act called the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Medical Acts, 1939 to 1966." 2. Date of commencement of s. 7. The provisions of section seven of this Act shall come into operation. on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment to s. 16. Section sixteen of the Principal Acs is amended by, in subsection (2), omitting the words " twenty pounds " and inserting in their stead the words " one hundred dollars ".

Medical Acts Amendment Act of 1966, No. 23 .159 4. Amendment to s. 19. Section nineteen of the Principal Act is amended by, in subsection (3), omitting the words " The Board may direct" and inserting in their stead the words "If such cause is not shown to its satisfaction, the Board may direct ". 5. Amendment to s. 19A . Section 19A of the Principal Act is amended by, in subsection (1), omitting the words " is entitled " and inserting in their stead the words " possesses such qualifications as would, upon proof thereof to the satisfaction of the Board, entitle him ". 6. Amendments to s. 20. Section twenty of the Principal Act is amended by- (a) in subsection (1), omitting from paragraph (d) the words " Governor in Council " where they twice occur and inserting in their stead where so omitted the word " Board "; (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) The name of a medical practitioner who relied for registration upon a qualification specified in paragraph (d) or (e) of subsection (1) of this section shall remain upon the Register of Medical Practitioners for the period only during which he continues to engage in the work, teaching or, as the case may be, duties to engage in. which he came to Queensland and the Board shall direct the registrar to erase his name from such register forthwith upon his ceasing to so engage. The Board may from time to time call upon such a medical practitioner to satisfy it that his name should remain on such register and, if he fails so to do, the Board shall direct the registrar to erase his name from such register." 7. Amendments to s. 22. Section twenty-two of the Principal Act is amended by repealing subsections (1) and (2) and inserting in their stead the following subsections- " (1) A medical practitioner who makes application in the prescribed form for registration as a specialist and pays the prescribed fee shall be entitled to be registered as a specialist with respect to the specialty to which his application relates if he satisfies the Board that- (a) he has gained special skill in the particular specialty with respect to which he applies to be registered by adequate experience in that specialty gained in the manner from time to time prescribed by the Governor in Council, upon the recommendation of the Board, by Order in Council published in the Gazette; and (b) where such specialty is one in respect whereof a degree, diploma, certificate or other award is generally granted or recognized, he is the holder of or is justly entitled to have conferred upon him a degree, diploma, certificate or other award (in every case approved by the Board) in such specialty of a University or other institution recognized by the Board as authorized to grant such degree, diploma, certificate or award. (2) The Board shall not grant an application made under subsection (1) of this section unless it is satisfied that the applicant is entitled, as prescribed by that subsection, to be registered as a specialist with respect to the specialty in question."

160 Medical Acts Amendment Act of 1966, No. 23 8. Amendment to s. 29 . Section twenty-nine of the Principal Act is amended by, in subsection (2), omitting the words " twenty pounds " and inserting in their stead the words " fifty dollars ". 9. Amendment to s. 32. Section thirty-two of the Principal Act is amended by omitting the words " one hundred pounds " and inserting in their stead the words " five hundred dollars ". 10. Amendments to s. 35. Section thirty-five of the Principal Act is amended by- (a) omitting subparagraph (ii) and inserting in its stead the following subparagraph:-- (ii) In connexion with the practice of his profession makes use of any title, description, designation word, letter -or symbol other than his authorized designation; or "; (b) inserting before the last paragraph the following paragraph:- In this section the expression " authorized designation " means- (a) in the case of a medical practitioner, his name prefixed by the title " Doctor ", " Mister " or other lawful title, or any abbreviation thereof, and followed by the letters of any degree, diploma, certificate or other award held by him and appearing in his registration in the Register of Medical Practitioners and accompanied by the words " Medical Practitioner "; (b) in the case of a specialist, his authorized designation as a medical practitioner and, in addition,- (i) the words " Specialist in (the prescribed name of the specialty with respect to which he is registered as a specialist) "; or (ii) the prescribed name of the specialty with respect to which he is registered as a specialist; or (iii) the prescribed title of a specialist in the specialty with respect to which he is registered as a specialist; (c) in either of the cases specified in subparagraph (a) or (b) of this paragraph, his hours for consultation, and the word " clinic " and any title, letter or word approved for the use of medical practitioners or specialists by by-laws made under this Act or, for so long as the same remain in force, by-laws made under any enactment repealed by this Act, and any part or combination of parts thereof." 11. Amendment to s. 37A. Section 37A of the Principal Act is amended by, in subsection (1), omitting from subparagraph (i) the words " twenty pounds " and inserting in their stead the words " one hundred dollars ". 12. Amendment to s. 41 . Section forty-one of the Principal Act is amended by, in subsection (1), omitting from subparagraph (iii) the words " one hundred pounds " and inserting in their stead the words " eight hundred dollars ". 13. Amendments to s. 47. Section forty-seven of the Principal Act is amended by- (a) omitting subsection (4c) and inserting in its stead the following subsection:- "(4c) Any person who in the course of, or for a purpose of or connected with the practice or attempted practice of medicine or any branch of medicine displays, exhibits, uses or purports to use a

Medical Acts Amendment Act of f 1966, No. 23 161 sphygmomanometer , stethoscope , a hypodermic syringe or an X-ray apparatus shall be deemed to hold himself out as being a medical practitioner unless he is a person who, in the case of display or exhibit only of such an instrument or apparatus , does so only for the purpose of acting or , in any other case, is acting solely under the supervision and instruction or upon the request (whether made directly to him or otherwise) of a medical practitioner or, in the case of an X-ray apparatus, he is a person who , under " The Radioactive Substances Act of 1958 ", is lawfully entitled to use the same."; (b) in subsection (5),- (i) omitting the words " five pounds " and inserting in their stead the words " twenty dollars "; (ii) omitting the words " one hundred - pounds " and inserting in their stead the words " five hundred dollars "; (c) in subsection (6),- (i) omitting the words " three pounds " and inserting in their stead the words " twenty dollars "; (ii) omitting the words " twenty pounds " and inserting in their stead the words " five hundred dollars ". 14. Amendments to s. 66. Section sixty-six of the Principal Act is amended by- (a) omitting the word " three " and inserting in its stead the word "six"• (b) omitting the words " fifty pounds " and inserting in their stead the words " three hundred dollars ". 15. Amendment to s. 69. Section sixty-nine of the Principal Act is amended by omitting the words " five pounds " and inserting in their stead the words " one hundred dollars ". 16. Amendment to s. 70. Section seventy of the Principal Act is amended by omitting the words " five pounds " and inserting in their stead the words " forty dollars ". 17. Repeal of and new s. 70A. The Principal Act is amended by repealing section 70A and the headnote thereto and inserting in their stead the following headnote and section:- " Transplantations [70A.] Removal of organs of deceased person. (1) When a person has expressed a request- (a) in writing at any time; or (b) orally in the presence of two or more witnesses during his last illness, that any one or more of his organs (being in each case a prescribed organ) be used for therapeutic purposes after his death, the person lawfully in possession of his body after his death may authorize the removal of such organ or organs from the body for use for such purposes unless he has reason to believe that such request has been withdrawn by the person in question. 6

162 Medical Acts Amendment Act of 1966, No. 23 (2) Without prejudice to the provisions of subsection (1) of this section the person lawfully in possession of the body of a deceased person may authorize the removal from the body for therapeutic purposes of any one or more of the organs (being in each case a prescribed organ) unless he has reason to believe that- (a) the deceased person had expressed an objection to his organs generally or to the organ in question being so dealt with after his death and had not withdrawn such objection; or (h) the surviving spouse or any surviving relative of the deceased person objects to the removal of the organ in question. (3) An authority given under this section shall be sufficient authority for a medical practitioner who, having personally examined the body in respect of which such authority is given, is satisfied that life in that body is extinct to remove from that body the organ or organs (or any part thereof) for the removal whereof the authority is given. (4) If the person empowered by this section to give authority for the removal of an organ or organs from a body has reason to believe that an inquest may be required to be held on the body in question he shall not give such authority without the consent of the coroner for the Magistrates Courts District wherein the deceased died or, where that is not apparent, where his body is found. Such coroner may give his consent upon such conditions as he thinks proper. (5) A person entrusted with a body for the purpose only of its interment or cremation shall not give an authority under this section in respect of that body. An authority given in contravention of the provisions of this subsection shall he of no effect whatsoever. (6) Where an authority may be lawfully given under this section in respect of a body lying in a hospital the persons who may give such authority shall be the person or authority having the control and management of the hospital or a person authorized in writing in that behalf by such person or authority. (7) The Governor in Council may by Order in Council declare any organ or limb of the human body to be a prescribed organ under this section. In this section the expression " prescribed organ " means the eyes and any other organ or limb so declared to be a prescribed organ. (8) No provision of this section shall be construed to render unlawful any dealing with the body of a deceased person, or any part of such body, which would have been lawful if the provision in question had not been enacted." 18. Amendment to s. 74 . Section seventy-four of the Principal Act is amended by repealing subsection (2) and inserting in its stead the following subsection:- (2) Upon its production in any proceeding whatever- (a) a document purporting to be a certificate by the registrar that a person named therein is or was at any time material to such proceeding registered as a medical practitioner or a,, a specialist or possesses or possessed at any time material to such proceeding the qualifications therein specified shall be evidence and, in the absence of evidence to the contrary,

Medical Acts Amendment Act of 1966, No. 23 163 conclusive evidence of its contents and, in the case of such a certificate wherein qualifications are specified, that the person named therein has or, as the case may be, had at the material time no other qualifications; (b) a document purporting to be a certificate by the registrar that a person named therein is not or was not at any time material to such proceeding registered as a medical practitioner or as a specialist or does not or did not at any time material to such proceeding possess the qualifications therein specified shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents, and, until the contrary is proved, the person named therein shall be taken to be identical with the person of the same name in respect of whom such document is produced." 19. Amendment to s. 75. Section seventy-five of the Principal Act is amended by omitting the words " twenty pounds " and inserting in their stead the words " one hundred dollars ". 20. Amendments to s. 76. Section seventy-six of the Principal Act is amended by, in subsection (3)- (a) omitting the word " six " and inserting in its stead the word twelve "; (b) inserting after the word " discovery " the words " by the complainant ".