Medical Practitioners Acts Further Amendment Act 1900 (NSW)

Act No. 70, 1900.

An Act to further regula te t he pract ice of

Medicine and Surgery and other ma t t e r s

connected therewi th . [6th December, 1900.]

WH E R E A S it is expedient to enable persons requir ing medical it therefore enacted by the Queen 's Most Excellent Majesty, by and with aid to dist inguish qualified from unqualified p rac t i t i one r s : Be
the advice and consent of the Legislat ive Council and Legislat ive Assembly of New South Wales in Par l iament assembled, and by the au thor i ty of the same, as follows:—

1. If it appea r s to the satisfaction of the New South Wales Medical Board tha t any person regis tered as a legally qualified medical prac t i t ioner within the meaning of the Medical Prac t i t ioners Act, 1898, or any Act amending the same, has been guil ty of infamous conduct in any professional respect, it shall be lawful for the Board to remove such pe r son ' s name from the register , and thereupon he shall cease to be a legally medical pract i t ioner within the meaning of the said A c t s :

2. (1) Any person who states in an adver t isement or notification
that he t r ea t s disease, injury, or ailment, or that disease, injury, or ail­
ment is t rea ted in any house therein refer red to, shall in every such adver t i sement

P rov ided tha t in case of a charge of infamous conduct as afore­ said the Board shall make due inquiry, s i t t ing as an open court, and the person charged shall be afforded an oppor tuni ty of defence, either in person or by counsel, and shall have the r ight of appeal to the Supreme Court, and such appeal shall be in the na tu re of a rehear ing.

adver t i sement or notification as aforesaid, s ta te his chris t ian name and surname in full, and shall place and main ta in the said names upon any house (if any) re fer red to in the said adver t isement or notification.

(2) Any person who fails to comply with the requirements above mentioned or any of them shall be liable to a penal ty of twenty pounds, and in the case of a continuing offence to a fur ther penal ty of five pounds for each day from the t ime when the said offence was first committed, or shall be liable to imprisonment for a t e rm not exceeding

six months .

(3) Any person pu rpo r t i ng to be but not being the person whose name is s ta ted in any adver t isement or notification as aforesaid, who t r e a t s diseases, injury, or ai lment a t any house re fe r red to in any adver t isement or notification as aforesaid shall be liable to a penal ty of twenty pounds, or shall be liable to impr isonment for a t e rm not exceeding six months . I n any proceedings under this subsection, the burden of proving tha t he is the person whose name is s ta ted in the adver t isement or notification shall lie on the person charged.

3. I n the case of any person not possessed of qualifications ent i t l ing him to reg is t ra t ion under the Medical Prac t i t ioners Act, 1898,

or the Acts amending the same, it shall be lawful for the Medical Boa rd in i ts discretion to place upon a separa te regis ter the name of any such person, provided he gives proof tha t he has passed th rough a due course of s tudy a t a recognised school of medicine and surgery, and tha t he has pract ised in a reputable manner as a medical pract i t ioner in New South Wales dur ing five yea r s p r io r to the pass ing of this Act, and such person when so regis tered shall have all the r igh ts of a regis tered medical pract i t ioner , and shall be subject to all the provisions of the aforesaid Acts .

4. Section three of the Medical Prac t i t ioners Act, 1898, is

amended by subst i tu t ing in subsection (b) the word " five " for the

word " t h r e e . "

and all charges under this Act may be hea rd and determined by, a 5 . All penal t ies imposed by this Act may be recovered before,

s t ipendiary or police magis t ra te , or any two justices of the peace in

pe t ty sessions.
6. This Act may be cited as the " Medical Prac t i t ioners Acts

F u r t h e r Amendment Act, 1900. ' '

Act