THE LONDON MEDICAL REGISTRATION ASSOCIATION.

THE LONDON MEDICAL REGISTRATION ASSOCIATION.

versity of the United Kingdom, equivalent to the Middle-Class Examinations of Oxford and Cambridge. ’ 3. That the examination on general education be ...

406KB Sizes 2 Downloads 87 Views

versity of the United Kingdom, equivalent to the Middle-Class Examinations of Oxford and Cambridge. ’ 3. That the examination on general education be eventually left entirely to the Examining Boards of national educational bodies recognised by the Medical Council. " 4. That students who cannot produce any of the testimonials referred to in the second resolution, be required to pass an examination in Arts, established by any of the bodies named in Schedule A of the Medical Act, and approved by the General Council; provided that such examination shall be, in every case, conducted by a special Board of Examiners in Arts.

11. Amendment moved by Dr. CORRIGAN, seconded by Dr. SMITH,,-" That copies of the Report of the Education Com-

mittee be forwarded to the several bodies enumerated in Schedule A, with the object of obtaining their views upon the two subjects of General and Professional Education." Votes taken, amendment negatived.—Motion put, and

carried. 12. Moved

by Mr. NussEY, seconded by Sir CHARLES agreed to,---" That the best thanks of this Council are eminently due, and are hereby offered, to the Council of the Royal College of Surgeons, for their obliging and courteous accommodation during the present Session of£ HASTINGS,

and

" 5. That without professing to lay down any complete the Medical Council." .scheme of general education for persons intending to become Confirmed—JOSEPH HENRY GREEN. members of the medical profession, the Committee recommend that the scheme of examination in Arts of the licensing bodies be, as nearly as practicable, similar to that of any one of the THE LONDON MEDICAL REGISTRATION national educational bodies above specified. ASSOCIATION. " 6. That on and after October lst, 1860, all medical stu’dents be required to be registered by one of the bodies named in Schedule A of the Medical Act. INTERVIEW AT THE HOME OFFICE. " 7. That the lists of students registered be closed within a ON Thursday, August llth, in accordance with an appoint. week after the commencement of each session. " 8. That no student beginning professional study after ment made by her Majesty’s Secretary of State for the Home September, 1861, be registered, who has not passed an Arts Department, a deputation from the above-named Association attended at the Home Office to confer with the Minister "on examination, in conformity with Resolutions 2 and 4. " 9. That the Registrar of the General Council be directed the subject of the Medical Registration Act, and the manner to obtain returns of the courses of study and of the examiin which its provisions are carried out." The deputation conof the various national educational bodies, referred to nations sisted of Mr. Dover, Dr. Ladd, Dr. O’Connor, Mr. W. Adams, in Resolution 2 on general education, and that they be printed, and transmitted to the various licensing bodies named in Sche- and the Assistant-Secretary. They were at first courteously dule A of the Medical Act. received by Mr. Maurice Drummond, Private Secretary to the " 10. That the age of twenty-one be the earliest age at Minister, and afterwards, in the absence of Sir G. Cornewall which any professional licence shall be obtained, and that four Lewis, by Mr. Clive, M. P. for Hereford, and Under-Secretary years of professional study be required after the examination of State. in general education. The application for an interview had been made on the 6th " II.—Professional Examinations. instant, in consequence of the decision of Mr. Jardine on the "Although the Committee at present refrain from any recom- day previous in re Scott, when it had been ascertained that mendations on the subject of Professional Education, they "no Register" was actually kept at the Registration Office, submit the following in relation to Professional Examinations :- and before any reply had been received by the Honorary Secre" 1. That the professional examination be divided into at tary of the Association to an application for an interview with least two distinct parts ;-that the first be not undergone until the Medical Council sent by him on the 4th inst., and which, after the termination of the second winter session; and the final it was afterwards admitted, had not reached the Council at examination not until after the termination of the fourth winter that time. In opening the business of the deputation with the session. Minister, "2. That the first professional examination be conducted Dr. O’CONNOR stated that since the application to Sir G. partly in writing, and partly vivâ voce; and that such parts of Lewis had been sent, the Committee of the Association had it as admit of it be made as practical and demonstrative as may had an interview with the Medical Council, whose statements ’be possible. with respect to the future keeping of the Register and their "3. That the second examination be conducted partly in proceedings in reference to the case of Scott had been so satiswriting, partly vivc’ voce; and, as far as may be convenient and factory, that some of the main reasons for their seeking an audience had been removed. They, however, considered that practicable, clinically. "4. That the professional examinations be held by the the favour of an audience having been granted, they would several licensing bodies (except in special cases) atstated have been open to a charge of dereliction of proper courtesy had they failed to attend. They would now, therefore, confine periods, to be publicly notified each year. " 5. That regular returns be required from the licensing themselves to conferring on the conflicting nature of the decibodies under Schedule A, stating the number of candidates sions of the magistrates, Mr. Seeker and the magistrates of who have passed their examinations and of those who have Brighton in two cases, and Mr. Jardine; the advisability of been rejected, and that the examining bodies should be invited compelling the Medical Council to undertake the prosecuting to express their opinion on the general character of the exa- of illegal practitioners, in addition to those whose names minations, as to the qualifications of the candidates. falsely appear on the Register; and the due recovery by the " The Education Committee having had referred to them the Medical Council of the penalties payable for infractions of the Returns of Professional Education from the several licensing Medical Act. In respect of the last particular, an unexpected bodies named in Schedule A of the Medical Act, have con- controversy had arisen. In the prosecution of Nunn, the selfsidered the question, whether it is desirable to lay down one styled "surgeon"-dentist, at Lambeth Police Court lately, a general scheme of subjects of examination, such as should be penalty of X2was enforced, in addition to costs. The whole recommended as a minimum to every examining body. had been paid into court; but while the costs incurred in the " The Committee are of opinion, that although no power is prosecution had been paid over, so far as the Association was given under the Medical Act to the Council to dictate forms concerned, the penalty was retained by the police receiver, and details of examination to the licensing bodies as to profes- under Clause 47 of the Police Act, in contravention of Clause sional education, yet that, by Sections 18 and 20 of the Medical 42 of the new Medical Act. How was this matter of conflictAct, it is the clear duty of the Council to satisfy themselves ing legislation to be decided ? (The diverse clauses in the Acts that the licensing bodies do conform to the intention of the were here pointed out to Mr. Clive.) Act with respect to the examination. And the Committee Dr. LADD stated that he had called at the Police Office at therefore recommend, that the Council should immediately lay Lambeth for the payment of the costs, and next of the penalty, before the several licensing bodies the Report which they now for the purpose of its being handed over to the Medical Council. submit to the General Council. The costs were paid; the penalty was refused, except on condition of the case of right to the penalty being argued bya " Signed, on behalf of the General Medical Council, B. C. BRODIE, President." legal adviser before the magistrate. Moved by Dr. ALEXANDER WOOD, seconded by Dr. E.IIBLEThe UNDER-SECRETARY OF STATE urged that if argued at ’TON,—"That the Report of the Committee on Education be once it might settle the question definitively. Dr. O’CONNOR desired to have the question decided by the adopted, and that twenty copies be sent to each member of the - General Council." Home Secretary, under whom certainly the Police authorities .

198

the house, No. 142, Rochdale-road, upon the door of which are the words " Mr. Healey, Surgeon." A man, named John Stamford, went to the defendant’s house, on the 2nd instant, flicting clauses in Acts of Parliament the matter might be de- saw the words upon the door, and going in saw Mr. Healey, cided by the Court of Queen’s Bench. and asked him to prescribe for his ear. Mr. Healey gave him Dr. 6’CoxNOR considered it hard that an onus should be something in a bottle, for which Stamford paid 6(l. The thrown on the Association to carry the case to a superior Court. printed book, purporting to be the local Register of dulyHe said: " We do not apply to have the penalty paid to us. qualified medical men, and which may be taken as evidence, We wish to see it paid to the Medical Council. By our read- was then put in. It does not contain the defendant’s name. ing of the Act, it appears to us competent to the Secretary of An argument ensued between Mr. Cobbett and the presiding State to issue an order that penalties recovered under the 1Ble- magistrate, Mr. Maude. dical Act should be so applied. We havealready, at a charge Mr. Cobbett read the clause which said that " any person of .656, prosecuted a quack whom the Medical Council would who should wilfully and falsely pretend to be and use the name not proceed against, although his offence was a fraud upon of a surgeon, or any name that he is registered under their own Register. There is an old adage thataa burnt childthe Act, or that he is recognised by law as a surgeon," &c., dreads the fire,’ and we do not wish to involve ourselves in shall be liable to a penalty. MAUDE.—But does the mere use of the word " surexpenses which properly it is the duty of the Medical Council to incur. The Medical Council exists by Act of Parliament, geon" imply that ? Mr. COBBETT.—Unless that is inferred-unless we put that and it is a body which is under the control of the Secretary of State and the Legislature. It is the duty of the Medical construction upon it-there is no offence. Mr. MAUDE.—The Act may not effect what it was intended Council to protect the profession, and to bring such matters before a higher court; and as it is unquestionably in the power to do. This is a penal Act of Parliament, and any man who of the Secretary of State to direct the magistrate into whose uses a term which imports that he is on the Medical Register hands penalties ought to be paid, we respectfully submit that, while he is not on the Register, is liable to a penalty. The considering the Police Act states that the magistrate can pay Act means nothing if it does not mean that. It is singular that the money to whomsoever he pleases, except the informer,— it was not said, ,. No man shall use the term ’surgeon’ except and the Medical Act directs that all penalties recovered under he is a member of the College of Surgeons." You have to the Act are to be paid to the treasurer of the Medical Council, raise by implication an offence to which a penalty is attached. the Home Secretary would act justly by causing all penalties You have to assume that the using of the word " surgeon" is a recovered under the Act to be so paid. The Committee of the false pretence within the meaning of the Act, for the Act does Association had no wish to have those sums paid to them; not deRne the word. The case was ultimately adjourned to afford the magistrates they were anxious solely that the Medical Council should receive the penalties, and that they should be kept up to their time for consideration. In the second case, Mr. William Andrew was charged with work."" Dr. LADD, in referring to the matter of the conflicting de- using the word " apothecary" over his shop-window in Chancisions of Mr. Seeker and Mr. Jardine, called attention to the cery-lane, Ardwick. The fact was not disputed. Mr. ANDREW said he was not aware that he was committing hardship and even impossibility of having the manuscript Register brought into Court, supposing, for instance, the action any offence. When he took the shop the words " druggist took place hundreds of miles distant from London. The ortus and apothecary" were over the door, and he continued them. On his undertaking to remove the latter word, this case was pt’o&CMnH of showing registration since the publication of the Register at periods fixed by Act of Parliament ought surely to dismissed. At the same Police Court on the 12th instant, when the case lie upon the defendant. Mr. ADAMS supported the argument of Dr. Ladd, by showing of the Manchester Medico-Ethical Association against Mr. the difficulty of procuring the presence of the bond fide Register Joseph Healey, of Rochdale-road (which was adjourned from in cases which might be heard simultaneously in all parts of the the 9th iust.), was called on, Mr. MAUDE asked the defendant upon - country. In the metropolis, indeed, it might be comparatively authority he easy to have it produced; but it must be recollected, that the professed to practise at all as a surgeon ? Mr. HEALEY.—On the authority of my diploma as licentiate Act extended to the whole empire. Mr. CLIVE said that the Home Secretary had no power by accoucheur of the Dublin University. Mr. MAUDE.—Mr. Cobbett, who was a surgeon before the himself or his agents to call for the production of the Register ; it must be made forthcoming by a mandamus from the Court Act passed? Mr. COBBETT.—Anybody. of Queen’s Bench. As regarded any new powers being conferred on the Medical Council enabling them to prosecute stic- ’ Mr. MAUDE.—That is, there was no law against any person cessfully, it was now too late in the session for any addition to cutting another person’s leg off, and charging for it. Mr. COBBETT.—None at all. be made to the Bill of Mr. Whiteside. As to the penalties reo Mr. HEALEY.—It was the Registrar’s fault; he should have covered, however, on account of illegal practice, the Secretary of State would interfere in directing to whom they ought to bei intimated to me about this Act. I was not aware of it. Mr. MAUDE.—The Act contemplates a person "falsely and paid; and he (Mr. Clive) would immediately communicate! with Mr. Ray, the Receiver of Police, on the subject, whichLfraudulently" representing himself to be a surgeon. After the the might consider as settled, and they should heal defendant’s statement, will the Society proceed with the case2’ Mr. HEALEY said he should like to know who they were from him shortly on the subject. The deputation left the Under-Secretary of State under thEi that had brought him to the court, and what authority they full impression that at any rate he would use his exertions te) had. They had taken away his character in those penny pubthe effect that the penalties recovered from illegal practitionere; lications. should be paid over to the Medical Council in conformity witl1Mr. MAUDE said it was perfectly immaterial to the defendthe provisions of the new Medical Act, the Police Act " t() ant who the persons were who had instituted these proceedings. the contrary notwithstanding." The deputation, thanking Mr. The question was whether he had committed a violation of the Clive for the courtesy and attention with which he had re new Act of Parliament. The object of the prosecution was not so much to punish the defendant as to procure the observance ceived them, then withdrew. of the Act, by which the public might alwaysknow who were really qualified and authorized to act as medical men, and whowere not. the defendant said if he had committed PROCEEDINGS AGAINST UNQUALIFIED PER- a breach ofIf,thehowever, Act it was quite unintentionally, and if he proSONS UNDER THE NEW MEDICAL ACT. mised to remove the word "surgeon" from his door, perhaps the Society would be satisfied for the present. Mr. HEALEY.—Yes, your worship. I shall have " accouCITY POLICE COURT, MANCHESTER. cheur" on the door-plate, and I shall discontinue using the ON Aug. 9th, Mr. R. B. B. Cobbett appeared at the abovEe word " surgeon." But can I have " surgeon" on the window, Court, on behalf of the Manchester Medico-Ethical Association., because it is there now, in gold letters? Mr. COBBETT, after consulting with the officers of the Soto prefer two charges for violations of the new Medical Act. As they were the first cases of the kind that had occurred irciety, said if he would promise to look at the Act of ParliaManchester, he said that the Society did not wish to press for ment, and not to use that title any more, the Society would take no further proceedings, nor press for a conviction. a severe punishment. Mr. MAUDE.—I think it is as well that the Society should The first case was that of Mr. Joseph Healey, who occupies

acted, and who clearly enjoyed the power to direct in what way penalties were to be applied. The USDEIt-SECRETARY suggested that in the case of con-

implying

Mr.

what

deputation



,

-



199