of next preceding 20. Nothwithstanding anything contained in the next CHAP. 103. preceding section, any person in actual practice and duly Persons exempt registered under the provisions of Chapter 56 of the Revised from provisions Statutes, third series, shall be entitled to be registered under section. this Chapter without payment of any fee. 1899, c. 32, s. 17, part. registered 21.-(1.) The board shall admit to registration, upon Provision payment of the registration fee, any person desirous of respecting practising in Nova Scotia who is duly registered by the British General Medical Council of Great Britain. practitioners. boards to be (2.) When and as soon as it appears that there has been other examining established in any other province of Canada, or in the recognized. North West Territories of Canada, an examining board similar to that constituted by this Chapter, or an institution duly recognized by the legislature of any such province or of the said North West Territories, as the sole examining body therein for the purpose of granting certificates of qualification for the practice of medicine, and whereof the curriculum is equivalent to that established by this Chapter, the holder of a certificate of qualification from any such examining body or institution, shall upon due proof be entitled to registration by the board, if the same privilege is accorded by such examining board or institution to those holding certificates of qualification from the board. 1899, c. 32, s. 17, (part). persons not 22. No person shall practice medicine, surgery or mid- Unregistered wifery in Nova Scotia unless his name is registered in the entitled to medical register. 1899, c. 32, s. 18. practice. respecting 23. No person shall be appointed as medical officer, Provision physician, or surgeon in any branch of the public service appointment in of this province, or in any hospital or other charitable public service. institution, unless he is registered under the provisions of this Chapter. 1899, c. 32, s. 19. respecting in force. 24. No certificate required by any statute now in force Provision or hereafter to be passed from any physician, surgeon or certificates now medical practitioner, shall be valid unless the person granting or signing the same is registered under this Chapter. 1899, c. 32, s. 20. respecting 25. No person shall be entitled to recover in any court of Provision law any charge for medical or surgical advice or attendance, actions at law. or for the performance of any operation, or for medicines or medical cr surgical appliances which he has supplied or furnished, unless he proves upon the trial that he is registered under this Chapter: Provided that nothing in this section shall apply to the sale by qualified druggists or chemists of articles properly belonging to their business. 1899, c. 32, s. 21. CHAP. 103. In certain cases registration shall not be refused. Further registration on 26. No person otherwise duly qualified under this Chapter shall be refused registration on account of his adopting or refusing to adopt the practice of any particular theory of medicine. In case of such refusal by the board, the person aggrieved shall have the right to appeal to the Governor-in-Council, who upon due cause shown may issue an order to the board to register the name of such person. 1899. c. 32, s. 22. 27. Every person registered under this Chapter who payment of fee. has obtained any degree or qualification other than that in respect to which he has been registered, may have such other degree or qualification inserted in the register in substitution for or in addition to the qualification previously registered, on the payment of such fee as the board appoints. 1899, c. 32, s. 23. Evidence to be to registration. 28. No qualification shall be entered on the register, produced prior either on the first registration or by way of addition to the registered name, unless the board is satisfied by sufficient evidence that the person claiming to have such qualification entered is entitled thereto; and any entry which is proved to the satisfaction of the board to have been fraudulently or incorrectly made, shall by direction of the board be erased from the register. 1899, c. 32, s. 24. Provision in case of senter.ce to imprisonment, &c. Recovery at law for professional services. Provision in case of neglect to register. List to be published in Royal Gazette. 29. Any medical practitioner who has been sentenced to imprisonment in a penitentiary, or who after due inquiry has been adjudged by the board to have been guilty of infamous conduct in any professional respect, shall thereby forfeit his right to registration, and if registered his name shall, by the direction of the board, be erased from the register. 1899, c. 32, s. 25. 30. Every person registered under the provisions of this Chapter shall be entitled, according to his qualification or qualifications, to practice medicine, surgery or midwifery, or any of them, as the case may be, and to demand and recover in any court of justice reasonable charges for professional aid, advice and attendance, and the cost of any medicines or medical or surgical appliances furnished by him to his patients. 1899, c. 32, s. 26. 31. Any person who neglects or omits to be registered under this Chapter shall not be entitled to any of the rights or privileges conferred by the provisions of this Chapter. 1899, c. 32, s. 27. PUBLICATION OF REGISTER. 32. (1.) The registrar shall before the 1st day of August in every year cause to be published in the Royal Gazette of this province, and in such other manner as the board appoints, a correct list in alphabetical order, according to the surnames, with the respective residences (in the form set CHAF. 103. forth in the schedule to this Chapter or to the like effect) and medical titles, diplomas and qualifications, with the dates thereof, of all persons appearing on the medical register on the 30th day of June in such year. to (2.) Any list purporting to be so printed and published List in Gazette as aforesaid, shall from the said first day of August until the same date in the next following year be prima facie evidence in all courts of justice that the persons therein specified are registered according to the provisions of this Chapter; and the absence of the name of any person from such list shall, during the same period, be prima fucie evidence that such person is not registered according to the provisions of this Chapter: Provided, that in the case of any person whose name does not appear in such list a certified copy under the hand of the registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Chapter. 1899, c. 32, s. 28. OFFENCES AND PENALTIES. of false or 33. Every person who wilfully procures or attempts to Penalty in case procure himself to be registered under this Chapter or any fraudulent amendiment thereto by making or producing any false or representation. fraudulent representation, statement or declaration, either verbally or in writing, and every person who knowingly aids or assists therein, shall be liable to a penalty of not less than one hundred dollars. 1899, c. 32, s. 29. of misconduct 34. If the registrar makes or causes to be made any Penalty in case wilful falsification in any matter relating to the registers of Registrar. mentioned in this Chapter or either of them, he shall for every such offence be liable to a penalty of not less than one hundred dollars. 1899, c. 32, s. 30. of practising 35.—(1.) If any person not registered under the provi- Penalty in case sions of this Chapter practices, or in any manner or by anv without registraineans whatsoever professes to practice, medicine, surgery tion. or midwifery for hire, gain, or hope of reward, or advertises in any manner or by any means whatsoever to give advice in medicine, surgery or midwifery, he shall be liable to a penalty not exceeding twenty dollars for each day that he so practices, professes to practice, or advertises. wilful pretense. (2) If any person wilfully pretends to be a physician, Penalty for doctor of medicine, surgeon or general practitioner, or assumes any title, addition or description other than he actually possesses and is legally entitled to, he shall for each such offence be liable to a penalty not exceeding one hundred dollars. 1899, c. 32, s. 31. CHAP. 103. title, etc, tending to mislead. 36. Every person not registered under the provisions Penalty for using of this Chapter who takes or uses any name, title, addition or description, implying or calculated to lead people to infer that he is registered under this Chapter, or that he is recognized by law as a physician, surgeon or accoucheur, or as a licentiate in medicine, surgery or midwifery, shall for each such offence be liable to a penalty not exceeding one hundred dollars. 1899, c. 32, s. 32. Penalties, how recoverable. Burden of proof. Limitation of action. Practice of midwifery in Halifax. Provision in case 37. All penalties or sums forfeited under the provisions of this Chapter, shall be recoverable with costs, and may be sued for and recovered in the same manner as a private debt by the board or by any qualified medical practitioner in any of the courts of this province having jurisdiction in actions of debt to the extent of eighty dollars or upwards. All such penalties or sums when recovered shall belong to the board for the use thereof under this Chapter. 1899, c. 32, s. 33. 38. In any trial under this Chapter the burthen shall be upon the person charged to prove that he is duly registered under this Chapter, and in the absence of proof that he is so registered, it shall be conclusively presumed against him that he is not so registered under this Chapter. 1899, c. 32, s. 34. 39. No suit or action for the recovery of any penalty under this Chapter shall be commenced after the expiration of one year from the date of the offence or act complained of. 1899, c. 32, s. 35. MIDWIVES. 40-(1.) Nothing in this Chapter shall prevent any competent female from practising midwifery in this province, except in the city of Halifax. (2.) In the city of Halifax no female shall practice midwifery unless and until she first fulfils such conditions as the board by regulation or by-law appoints, and satisfies the examiners appointed by the board for that purpose of her competency, and obtains from the board a diploma or certificate of qualification, and has been registered as herein before provided. (3.) In lieu of an examination, the board may accept from any such midwife practising or proposing to practice in the city of Halifax a diploma or certificate from a recognized lying-in hospital which provides a regular course of instruction and requires an examination equivalent to that required by the board. 1899, c. 32, s. 36. 41. GENERAL PROVISIONS. Nothing in this Chapter shall prevent any person of urgent need. from giving necessary medical or surgical aid or attendance to anyone in urgent need thereof: Provided that such aid CHAP. 104. or attendance is not given for hire or gain, and that the giving of it is not made a business or way of gaining a livelihood by such person. 1899, c. 32, s. 37. persons studying 42. Any person who at any time before the 1st day of Registration of July, A. D. 1899, commenced the study of medicine for the at time Chapter purpose of qualifying himself to practice the same in this came into force. province, and who at any time before the 1st day of July, A. D., 1902, complies with the conditions and provisions in that behalf contained in the Revised Statutes, fifth series, Chapter twenty-five, and Acts in amendment thereof, and in the rules and regulations made thereunder and now in force, shall be entitled to registration under this Chapter. 1899, c. 32, s. 39, (2.) OF PAYMENT FOR MEDICAL ATTENDANCE BY 1. This Chapter may be cited as "The Company s Short Title. Doctors Act." ing monthly select doctor 2. In any case in which an employer in any mine or Employee allowmanufacturing establishment makes a monthly deduction of deduction may wages of employees for medical attendance, any employee to whom to be of such employer may by writing specify any duly quali- paid. fied medical practitioner in respect to whose services the employer may deduct a fee from the wages of such employee. 1900, c. 46, s. 1. fifty employees 3. The employer shall not be bound to recognize the One hundred and specification of any employee unless at least one hundred may select and fifty employees unite in specifying some qualified doctor. |