A B I LL

A B I LL

195 A B I LL REGISTRATION OF THE LEGALLY QUALIFIED PRACTITIONERS OF MEDICINE IN GREAT BRITAIN AND IRELAND. FOR THE PREPARED AND BROUGHT IN BY MR. ...

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195 A

B I LL

REGISTRATION OF THE LEGALLY QUALIFIED PRACTITIONERS OF MEDICINE IN GREAT BRITAIN AND IRELAND.

FOR THE

PREPARED AND BROUGHT IN BY MR. WAKLEY AND MR. WARBURTON.

.

apply for the same, and whose warrant of appointment bears date prior to the first day of August, one thousand eight hundred and fifteen, and to every physician, surgeon, and apothecary, upon the payment of two pounds, who, after the passing of this Act, shall take a degree in medicine as afore-

who shall

said, or produce a certificate, licence, or diploma, as aforesaid, dated subsequently to the passing of this Act, and shall deliver to the said registrar a statement of his place of

abode. 4. And be it enacted, that the several registrars shall issue Ordered, by the House of Commons, to be printed, 7th Aug. 1846. certificatestoaccording to the form in schedule (B) to this Act annexed, every person who shall have been registered as [NOTE.-The words printed in Italic.5 are proposed to be inserted aforesaid, and shall apply for the same, and shall state his in the Committee.] then place of abode: provided always, that the said registrars 1. Preamble.-Registrars to be appointed.-Whereas the law- shall issue such certificates for that part of Great Britain and relating to the practice of medicine in Great Britain and Ire- Ireland only for which they shall severally be appointed to land are numerous and complicated, and the public possess no act. means of distinguishing between legally-qualified physicians, 5. Fee to registrar for his certificate.-And be it enacted, surgeons, and apothecaries, and the pretenders to a knowledge that every person applying for such certificate shall, upon his of medicine and surgery, and it is desirable that the names application for such certificate, pay to the registrar a sum not and qualifications of legally-educated practitioners should be exceeding five shillings, and such certificate shall bear date duly registered by competent authority, be it enacted, by the on the day on which the same shall be issued, and shall conQueen’s Most Excellent Majesty, by and with the advice and tinue in force until the thirty-first day of December, one thouconsent of the Lords Spiritual and Temporal, and Commons, sand eight hundred and forty-seven, and no longer: provided in this present Parliament assembled, and by the authority of always, that it shall be lawful for the said registrars, and they the same, that it shall be lawful for one of Her Majesty’s are hereby required, at any time on or before the fifteenth principal Secretaries of State for the time being, and he is day of December in every subsequent year, upon the applicahereby required, within one month from the passing of this tion of such persons as shall be then registered, to issue such Act, to nominate and appoint three fit and proper persons, certificates in like manner in all respects as aforesaid, subject being at the time of such appointment qualified to be regis- to the payment of a sum not exceeding seven shillings as tered under this Act, to be registrars for carrying this Act aforesaid, which said certificates shall take effect from the into execution, one such registrar to be called the "Medical day of the date thereof, and shall continue in force until the Registrar for England," another the " Medical Registrar for thirty-first day of December in the year next following that Ireland," and the third the " Medical Registrar for Scotland," ’ in which the same shall be granted, and no longer. and also from time to time to appoint such clerks and other 6. Register of certificates to be kept.-And be it enacted, that officers as the said Secretary of State shall deem necessary for each of the said registrars shall duly record in a book every the assistance of the said registrars in carrying into execution certificate which he shall issue as aforesaid, and in the month the provisions of this Act; and the said Secretary of State of in every year shall cause to be printed a correct may at his discretion remove any registrar or other person so register, arranged alphabetically, of the names of all persons appointed as aforesaid; and upon any death, resignation, or to whom he shall have so issued certificates during the year other vacancy, may appoint other proper persons to be such preceding the 15th day of December then last past, according registrars, clerks, and officers, respectively: provided always, to the provisions of this Act, together with their places of that thereshall be paid to the said registrars, clerks, and mes- abode, a description of their qualification or qualifications, sengers, out of any moneys to be received by the said regis- and such registers shall be respectively called," The Medical trars by virtue of this Act, such salaries as shall be from time Register for England," " The Medical Register for Ireland," to time fixed and allowed by the Lord High Treasurer or and " The Medical Register for Scotland," and a printed copy Commissioners of her Majesty’s Treasury, who may also allow of the register for the time being, so published as aforesaid, such reasonable travelling expenses as may have been in- shall be evidence in all courts, and before all justices and curred by any registrar, clerk, or messenger, in the perform- others, that the persons therein specified have obtained a cerance of his duties under this Act, and such other reasonable tificate according to the provisions of this Act; and the absence expenses of putting and carrying this Act into execution, as of the name of any person from such printed copy shall be the said Lord High Treasurer or Commissioners of her Ma- evidence, until the contrary be made to appear, that such jesty’s Treasury shall think fit. person has not obtained a certificate according to this Act; 2. And be it enacted, that all moneys received by the regis- and copies of such medical registers shall be furnished by the trars aforesaid in carrying this Act into execution, shall be respective registrars to every person who shall apply for the paid by them into the Bank of England, at such times and in same, upon the payment of a sum not exceeding one shilling such a manner as the Secretary of State aforesaid shall direct, for each conv. to the credit of the Lord High Treasurer or Commissioner of 7. Persons omitted in original register may obtain subsequent her Majesty’s Treasury, and in the name of the " Medical Re- certificates upon application to registrar.-And be it enacted, Britain and Ireland." that if any person entitled by this Act to obtain a certificate gistration Fund of Great and as aforesaid, whose name, or correct description, or abode, does kept.—And be it enacted, that the several registrars shall, not appear in such medical register as aforesaid, shall at any within thirty days after their appointment, and shall from time apply for a certificate to any of the registrars aforesaid, and time to time, proceed to register, in books to be kept for that shall prove to the satisfaction of such registrar either that he purpose, without any fee whatsoever, the name and place of is a person whose name, through neglect or mistake, has been abode, together with a description of the testimonials of every omitted from the medical register then current, or that he physician, surgeon, and apothecary, who shall apply to be purposes commencing or resuming practice, or of changing registered, and who, prior to the passing of this Act, shall his abode before the first day of January in the ensuing year, have taken a degree in medicine in any English, Irish, or Scotch every such applicant shall be entitled to obtain from the university, or who shall state his place of abode, and apply to registrar appointed for that part of the United Kingdom in be registered, and shall produce his diploma, certificate, or which he resides,-upon payment of twenty shillings, and sendlicence, or shall produce a duly attested certificate, or such other ing his name and then place of abode, together with a descripproof as shall be satisfactory to the said registrars, of his having tion of his testimonials,—a certificate as aforesaid, to take obtained a diploma, certificate, or licence to practise as a phy- effect from the day of the date thereof, and to continue in sician, surgeon, or apothecary, dated prior to the passing of this force until the first day of January then next ensuing. 8. Persons not possessing certificates prohibited from acting as Act, and granted by any English, Irish, or Scotch college or hall, or any corporation, sole or aggregate, in England, Ireland, or medical practitioners in public offices and other situations.—And Scotland, legally entitled to grant the same at the time of the be it enacted, that from and after thefrst day of January, one passing of this Act, and also to every person who shall apply for thousand eight hundred and forty-seven, no person who does not the same, and who was actually practising medicine in England possess a certificate in force according to the provisions of and Wales prior to the first day of August, one thousand eight this Act, shall be deemed capable of acting in any part of hundred and fifteen, and who shall sign a declaration accord- Great Britain or Ireland, in the capacity of a physician, ing to the form in schedule (A) to this Act annexed, and also surgeon, apothecary, surgeon-apothecary, or other medical to every surgeon and assistant-surgeon of the army and navy officer in any hospital, infirmary, dispensary, lunatic or other

January

and

196 SCHEDULES TO WHICH THIS ACT REFERS. asylum, lying-in hospital, gaol, penitentiary, house of correction, house of industry, parochial or union workhouse or SCHEDULE (A.) poorhouse, parish union or other public establishment DECLARATION of PERSONS claiming to be registered as ApOTHEor institution, or to any friendly or other Society for affording CARIES upon the ground that they were in practice as Apomutual relief in sickness, infirmity, or old age; and wherevel thecaries previous to the 1st day of August, 1815. by law it is provided that any act shall be done by a physician. To the Medical Registrarfor England. surgeon, apothecary, or medical or surgical practitioner, by whatever name or title called, such provision shall be conI [Samuel Baker], residing at [6, Duke-street, Birmingstrued, after the passing of this Act, to mean a person pos- ham], in the county of [Stafford], hereby declare that I was sessing a certificate in force according to the provisions of practising as an Apothecary at [16, George-street, Hastings], this Act, and such persons only; and the certificate or evi- in the county of [Sussex], previous to the 1st day of August, dence of any person not possessing a certificate as aforesaid, 1815. [Samuel Baker. (Signed) given after the passing of this Act, shall not be received as Dated this [6th] day of [October], 1846. the certificate or evidence of a physician, surgeon, or apothecary, or medical or surgical practitioner, in any court of law SCHEDULE (B.) or equity, or in any matter or thing in which, by law or custom, the certificate or evidence of a physician, surgeon, By virtue of the powers vested in me by an Act of Parliaapothecary, or medical or surgical practitioner, is or shall be ment passed in the tenth year of the reign of her Majesty Queen Victoria, intituled," An Act for the Registration of the required. 9. Medical practitioners exempted from serving on juries, and legally-qualified Practitioners of Medicine in Great Britain in the militia.-And be it enacted, that every person who and Ireland," I hereby certify that [James William Thomson] shall possess a certificate under the provisions of this Act, shall be exempt, if he shall so desire, from being summoned residing at [15, Ormond-street, Manchester], in the [county of Lancashire], has been registered according to the provisions or serving on all juries and inquests whatsoever, and from serving in the militia, all corporate, parochial, ward, hundred, of the said Act, as A MEMBER OF THE FACULTY OF MEDICINE OF [ENGLAND]; and township offices, and his name shall not be returned in any list of persons liable to serve in the militia, or in any and that he is entitled to all the powers and privileges consuch office as aforesaid, and no person shall be entitled to such ferred by the said Act. This certificate will remain in force exemption as aforesaid on the ground of being a physician, until the 31st day of December [1847], and no longer. surgeon, or apothecary, who does not possess such certificate [Henry Brown), (Signed) as aforesaid. Medical Registrar for [England]. 10. For certain ofences, names ofmedical practitioners to be Dated 4th August, 1846. erased from the register.-And be it enacted, that if any registered physician, surgeon, or apothecary, shall be convicted, in England or Ireland, of any felony, or in Scotland of any MEETING OF THE NATIONAL ASSOCIATION. crime or offence inferring infamy or the punishment of death WEDNESDAY, AUGUST 12, 1846. or transportation, or if it shall be found by the judgment of A GENERAL of the Members of the National AssoMeeting any competent court, that any such physician, surgeon, or ciation of General was held, pursuant to adverPractitioners, under this shall have a certificate Act apothecary procured at the Hanover tisement, Rooms, on Wednesday last, Square by any fraud or false pretence, or that any such physician, for the purpose of forming a National Institute of Medicine, or and has knowingly given any surgeon, apothecary wilfully false statement, evidence, or certificate in any case in which Surgery, and Midwifery. The meeting was advertised for seven precisely, but at that time only two members of the by law the evidence or certificate of a physician, surgeon, or Association were present, and the chairman, Mr. Pennington, is it lawful for on shall be apothecary required, any registrar, did not ascend the platform until twenty minutes to eight, at him of an office copy or extract of the conproduction before The Comviction or judgment of the court, duly certified under the hand which time forty members were present. of the proper officer of the court, to cause the name of such mittee and their friends swelled the meeting to ninety-four. The chairman read a short address expressive of his desire physician, surgeon, or apothecary to be erased from the register; and determination to raise the position of that class of the and every person whose name shall have been so erased after to which he belonged, and calling upon the memsuch conviction orjudgment as aforesaid, shall thereby forfeit profession bers present to be unanimous and determined in the assertion and lose all the privileges of a registered physician, surgeon, of their just rights. He felt no doubt that, ultimately, their or apothecary, as the case may be, and shall not be entitled labours would be crowned with complete success. or to obtain such then thereafter certificate as aforesaid. Mr. Ross, the assistant secretary, read the report, which 11. Penalty for obtaining certificate by fals6 representations.- contained a detailed account of the advantages which the comAnd be it enacted, that if any person shall wilfully procure or mittee considered would arise from the establishment of a attempt to procure a certificate from any registrar, by making National Institute of Practitioners in Medicine, Surgery, and or producing, or causing to be made or produced, any false or It was proposed to establish a museum, a library, a fraudulent representation or declaration, either verbally or in Midwifery. common hall, and other important requisites. He stated, that writing, or shall, by any false or fraudulent means whatsoever, of the schedules sent out by the committee to every member possess, obtain, use, or attempt to possess, obtain, or use, any of the Association, 1337 had been returned, and of these 1288 certificate as aforesaid, every such person so offending, and were expressive of the determination of the senders to coevery person aiding and assisting him therein, shall, upon operate in the formation of, and subscribe to, the intended being convicted thereof, be adjudged guilty of a misdemeanor Institute. The report also entered into an explanation of the in England and Ireland, and in Scotland of a crime and offence, reason of many members having failed to return tbeir schedules and thereupon it shall be lawful for the court before whom one of the most prominent of which was, the fear that a single such offender shall be tried and convicted, to sentence such did not entitle them to vote, a mistake which the qualification offender to be imprisoned, with or without hard labour, for any committee were anxious to rectify. The great majority of period of time not exceeding six calendar months. the 1288 were in favour of the subscription both in London 12. Pe’nalty on unqualified persons acting or practising as and the country being the same, and agreed that one guinea medical o.fficfJ’s.-And be it enacted, that every person ap- yearly was the most proper amount. The committee had pointed after the passing of this Act to any medical or surgical therefore decided, that one guinea should be the subscription. he is not qualified according to the provisions The report finished with a reference to the change of ministry, office for which of this Act, and who shall act or practise in such office, shall, and the expression of a confident hope that the change was for every such offence, forfeit the sum of Twenty pounds, to be favourable to the progress of medical-reform. recovered by action of debt or information to be brought in The meeting was afterwards addressed by several gentleany of Her Majesty’s Courts of Record at Westminster, or in men, who proposed and seconded the following resolutions, the Court of Exchequer in Scotland or in Dublin, within six which were, severally, unanimously carried:calendar months next after the commission of the offence, in lst.-That the report just read be received. the name of Her Majesty’s Attorney-general in England and 2nd.-That this Meeting hereby declares the formation of a "National Institute of Medicine, Surgery, and Midwifery," Ireland, and of the Lord Advocate in Scotland. 13. Interpretation clause.-And be it enacted, that the words upon the plan approved by the meeting of the National Asso"medicine" and "medical" when used in this Act shall also ciation, held at the Hanover-square Rooms on the 17th of mean and include the words "surgery" and "surgical." April, 1846, and with the objects recited in the report just