The Medical Act 52 and 53 Vic, Amendment Act 1889 (SA)

ANNO QUINQUAGESIMO SECUN DO ET QUINQUA-

GESIMO TEnTIO

A. D. 1889.

No. 471.

An Act to amend the " Medical Act, 1880."

[Asss l~ ted to, U ~ c e m b e r 6tk, 1889.1

HEREL4S it is desirable to amend the L; Medical Act, 1880 "- Preamble.

South Australia, with thc advice and consent of the Legislative	W Be it therefore Bnaoted by the Governor of the Province of
Council and House of Assembly of the said province, in this present
Parliament i~sscm bled, as follows:

1, This Act may be cited for all purpows us The Medical Act titleand in-

Amendment Act, 1889," and, except so far as incol~sistent therewith, corporation.

shall be incorporated and read as one with the Ordinance No. 27 of

qmlified medical practitioner, or who shall use any spurious diploma, r ~ ~ ~ ~ e ~ ~ a t i ~ n.

or falsely pretend to have or use any diploma as physician, doctor

of medicine, licentiate of medicine or surgery, bachclor of medicine,

or any other name or title other than that to which such person is

actually entitled, or other than that which shall have been bond

$de granted to him, shall, on conviction, for every such offence

forfeit and pay a sum not exceeding Fifty Pounds: Provided that

any person who has heretofore practised medicine or surgery

continuously in South Australia for a term of five years shall

not

1844, and the Medical Act, 1880.''

2. The Schedul~, to the " Medical h t, 1880:" is hereby repealed, Repealof &hedule of

and the said Act is hereby amended, and shall bc road and con- " M e d i ~ ~ l A ~ ~ ~ B ~ ~ - ' '

strued as if the qualifications mentioned in the Schedi.de hereto hait

been inserted in the said Schedule to the said Medical Act, 1880,"

in lieu of the qualifications therein set forth.

Q. Any person who shall falsely pretend to be a legally Penalty for fa^^

52' & 53' VICTOKIE, No. 471.

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The Medical Act Amendment A c t. 1 8 8 9.

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not be liable to any penalties under this section by reason only of

his using, or continuing to use, the title of doctor.

PuMicrrtion of 4. The na~mes and qualifications of all legally qualified medical

practitioners, together with the dates at which their qualifications

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medical board.

may rcspectivelg have been obtained, and the dates of registration of such medical practitioners respectively, shall, on registration, and in the month of January in each year, be pnblished by the Medical Boa,rd in the Government Gazette.

Certificate of death.	5. (a ) No medical certificate of the cause of death shall be issued for the pinposes of " The Registration of Births and Deaths Act of 1874 " except by a. legally qualified medical practitioner:
No burial without	( b ) No burial of any deceased person shall take place without

certifi ate.	a certificate of the cause of death under the hand of a
legally qualified medical practitioner, or an order for burial signed by a coroner of the said province within
the meaning of The Coroners Act, 1884 '':

Uncert ified deaths. (c) For the purposes of the said Act, a11 deaths not certified

as in the preceding subsection mentioned shall be deemed

and considered to he uncertificd deat,hp:

Exemption. This section shall not apply to any person who has heretofore practised as a surgeon, physician, or medical practitioner in the Province of South Austradia for a period of five years prior to the passing of this Act, nor to places whew there is no legally qualified medical practitioner or coroner of the said province as aforesaid, resicling within n distance of five miles.

Certificates may hr 6. If any legally qualified medical practitioner shall be convicted

cancelled.

of any felony or misdememor, or be deprived of his qualifications by the college or body which may have granted the same, the

Medical Board may, if they see fit, cancel or suspend the certificate of such practitioner, and such practitioner shall, upon the call-

cellation or during the suspcnsion of his certificate, rease to be a

legally qualified medical practitioner.

Kxnwinntion of

7. 'The Board rimy question any person who may attend before tlmn, and :my witness who may be produced before them, a i d may take a solemrr declaration from such person or witness; and if any 1xrs011 slliall wilfully, knowingly, and corruptly make any false statement upon such examination or ill such declawtion, or shall nttcr nr attempt to utter or pnt off as true before them any false, forned, or counterfeit degree, diploma, tcstirr~onium, liccnce, eertifioate, or otlicr document, or shall wilfully procure or attempt to procure hiinself to he registered by making or producing, or causing to be made or produced, any false or fraudulent represen- tation or declaration, either orally or in writing, every such person

11 itnew LJ b ~ i ~ 11.

so offending, and every peron aiding and assisting him therein,

shall bc deemed guilty of n inisdenreanor, and shall? on conviction

thereof,

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The Medical Act Amendment Act,-1889.

thereof, be sentenced to he imprisoned for any term not exceeding Penalty.

three ycars, m d the registration so fraudulently procured shall be

cancell cd.

8. Any person who, previously to the passing of this Act, shall W ~ o f e&bg

certificates.

haw received from the Medical Board a certificate of his being a legdly qualified medical practitioner, shall be deemed a legally qualified medical practitioner for a11 the purposes of this Act.

In the name and on behalf of Her Majesty, I hereby assent to this

Bill.

KIRTrl'ORE, Governor.

52' & ~3~ VICTORIA3, No. 471.

The Medzccnl Act Amendment Act .1889.

SCHEDULE.

l. Any qualification entitling the holder to be registered in the United Kingdom under the Act of the Imperial Parliament of the United Kingdom of Great Britain and Ireland, passed in the 21st and 22nd years of the reign of Her Majesty Queen Victoria, chapter 90, and any Acts amending thc same.

2. Doctor or bachelor of medicine, or holder of a medical dcgrec of any university in Australasia legally authorised and ernpowcrcd to grant such degree.

3. The holder of any medical ddcgree, diploma, or licence to practise, granted by any university, college, or licensing body of any British colony or possessmn or by any foreign university, college, or licensing body, and which, in the opinion of the Medical Board, is equal to the qualification entitling the holder to be registered in the United Kingdom under the mid Act of the Imperial Parliament of the United Kingdom of Cilreat Britain and Ircland, passed in the 21st and 22nd years of the reign of Her Majesty Queen Victoria, chapter 90, or any A c t amending the same.

4. Any person who proves to thc satisfaction of the Medical Board that he has passed through a regular graded course of medical study of not lcse than four years' duration in a British or foreign school of medicine, and has received after duc examination from such British or foreign university, cnllege, or body duly recognised

for that purpose in the country to which such university, college, or other body may

belong, a medical diploma or degrce, ccrtifying to his ability to practice medicine or

surgery, as the case may be.

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Adela?de : By authority, R. F.