(6) The Senate of the University of Alberta may by regulation require that the persons presenting themselves for examination hereunder shall be graduates or licentiates of a university, college or association of science, therapy or system of practice, and may from time to time make regulations setting forth what universities, schools, colleges, or associations will be recognized for this purpose, and may rescind, alter or vary any such regulation. (7) Every person registered under the provisions of this Act shall be restricted to that class of practice only for which he is certified to be qualified and for which he is registered under this Act. (8) Before the Senate of the University shall grant a certificate that a person is duly qualified to practise medicine, surgery, midwifery, homeopathy, osteopathy, chiropractic, or any non-drug science, therapy, or system of practice the Senate shall require such person to pass an examination satisfactory to the Senate in such subjects as the Senate may prescribe. [1920, c. 21, s. 1.] (9) The council shall admit upon the register any person who is a graduate of any medical school or college, or the faculty of medicine of any university in Canada having the power or authority to confer the degree of Bachelor of Medicine or Doctor of Medicine, and has obtained such degree, and having been a resident of Alberta on the fourth day of August, one thousand nine hundred and fourteen, served in His Majesty's military forces overseas in the European War which ended November the eleventh, one thousand nine hundred and eighteen, without requiring such person to pass any test examination. [1911-12, c. 27, s. 2; 1913(2), c. 2, s. 10(1); 1919, c. 4, s. 18(1); 1920, c. 21, s. 1; 1922, c. 56, s. 5.] licences 35. (1) The council shall grant an interim licence Interim entitling the person named therein to practise medicine upon his producing a certificate from the registrar of the University showing that he is entitled to write upon the next examination of candidates for admission to practice, and upon his satisfying the council that he has located or will locate and practise, until having passed the said examination at a place not less than twenty miles from any then licensed medical practitioner: Provided that such interim certificate shall only continue Proviso in force until the holding of the next ensuing examination for admission to practice, unless the registrar of the University recommend the council to extend such interim licence. from time to time, no such period of extension to exceed one year. (2) The council shall keep a register of all persons holding interim licences, and shall admit upon such register Erasure of names Register for British medical practitioners such persons upon payment by them of a registration 36. The council may at any time direct the name of any person improperly registered to be erased from the register by the registrar, and such name shall be so erased. [1906, c. 28, s. 36.] 37. Whenever there is established under the Act of the Parliament of Canada known as The Canada Medical Act, 1902, a register for Canada of medical practitioners under the control of the medical council appointed or elected pursuant to the provisions of the aforesaid Act or Acts, then notwithstanding anything in this Act contained, any person duly registered in the said medical register for Canada as a medical and surgical practitioner shall be deemed to be qualified and entitled to be registered in the medical register of the Province of Alberta as a duly qualified medical and surgical practitioner, and such person shall be registered, and such registration shall be made upon production of a certificate under the hand of the registrar of the said medical council of Canada certifying that such person is duly registered in the said medical register of Canada, and upon satisfactory proof of identity of such person: Provided that such person may be required to pay such fee for such registration in the Province of Alberta as the medical council of the Province of Alberta may impose in that behalf: Provided further that the provisions of this section shall not apply to or affect any person duly registered under the said Act at the time The Canada Medical Act, 1902, becomes operative. [1906, c. 28, s. 37; 1910(2), c. 2, s. 14(4).] 38. Every medical practitioner registered in the medical register of the United Kingdom of Great Britain and Ireland, upon proof to the satisfaction of the registrar of the College that he is so registered, that he is of good character, and that he is by law entitled to practise medicine, surgery and midwifery in the United Kingdom, shall on application to the registrar and on payment of such fee, not exceeding one hundred dollars as by regulation of the council is from time to time charged for the registration of all persons entitled to be registered in the Province of Alberta, be entitled without examination in the Province of Alberta to be registered under the provisions of The Medical Profession Act: Provided that this section shall become and continue operative only on condition that the General Medical Council of the United Kingdom recognizes for the purposes of The British Medical Act, 1886, the diploma or diplomas granted after examination in medicine, surgery, and midwifery by the North-West Territories Medical Council, the Alberta Medical Council, or the University of Alberta, as furnishing a sufficient guarantee for the efficient practise of these branches of medicine. [1917, c. 3, s. 26; 1918, c. 4, s. 64; 1919, c. 4, s. 18(2).] Fees. 39. The fee for registration under this Act shall be Fees fifty dollars. [1906, c. 28, s. 38.] 40.-(1) Each member shall pay to the registrar, or to Annual fees any person deputed by the registrar to receive it, such annual fee as may be determined on by by-law of the council, towards the general expenses of the College, which fee shall be payable on the first day of January in each year, and such fee shall be deemed to be a debt due by each member of the College and shall be recoverable, with the costs of the suit, in the name of the College. fees (2) The council may by resolution remit any annual Remission of fees due to the College by any member who is or has been resident out of the Province of Alberta during the period in respect of which such fees become payable. [1906, c. 28, ss. 39, 40; 1920, c. 21, s. 2.] General Powers. council as to 41. (1) Subject to the rights and powers of the council Powers of otherwise provided in this Act, the Senate of the University of Alberta alone shall determine who shall be permitted to register under this Act, and the curricula of studies or subjects of examination to be taken by students or applicants for registration, and shall, from time to time, as occasion may require, make orders, rules, regulations or by-laws regulating the register to be kept under this Act, and for the guidance of the examiners, and shall have the sole appointment of examiners. (2) The Senate shall prescribe the subjects and modes of examination, and generally shall make all such rules and regulations in respect of examinations as it deems expedient and necessary, provided they are not contrary to the provisions of this Act: Provided that the Senate, in the selecting of examiners and in the determining of the curricula of studies and in prescribing the subjects and modes of examination, shall place all students and applicants for registration on equal terms: Provided further that any student shall be allowed to specialize and deal only with and be examined only in connection with that class of practice for which he desires to be registered under this Act, and that any applicant Fraudulent registration Rules and regulations Discipline committee Duties of discipline committee shall be examined only as to the class of practice for which he desires to register. [1920, c. 21, s. 3; 1922, c. 56, s. 6.] 42. If any person procures or causes to be procured his registration by means of any false or fraudulent representation, or declaration either verbally or in writing, the registrar shall upon receipt of sufficient evidence of the falsity or fraudulent character of the said representation or declaration, represent the matter to the council, and upon the written order of the president, attested by the seal of the College, shall erase the name of such person from the register. [1922, c. 56, s. 7.] 43. The council may from time to time make, alter or amend and repeal rules and regulations, not inconsistent with the provisions of this Act, for the well-being and discipline of the council, the conduct of its affairs, and the promotion of medical and surgical knowledge, and the disposition of the funds of the council. [1906, c. 28, s. 42.] Disciplinary. 44. The council shall from time to time appoint and shall always maintain for the purposes hereinafter named a committee of its own body to be known as the discipline committee, not less than three in number, of whom the quorum shall be three, and may at any time alter the number, constitution and tenure of office of such committee. [1906, c. 28, s. 43; 1922, c. 56, s. 8.] 45. (1) The discipline committee shall investigate the facts regarding any medical practitioner— (a) who either before or after the first day of March, one thousand nine hundred and twenty-two, and either before or after he is so registered has been convicted in any Court or by any judge, magistrate, or justice or justices of the peace of any felony or misdemeanour or of any offence against or under or breach of any statute of the Province of Alberta; (b) who is known or reported to be guilty of unbecoming, improper or criminal conduct, professional or otherwise; or (c) who is charged with unbecoming, improper or criminal conduct, professional or otherwise, and if the committee finds that the medical practitioner has been guilty of an offence which warrants it, and so reports to the council, the council may direct the registrar to erase the name of such registered practitioner from the register. (2) In case a person known to have been convicted of a felony or misdemeanour presents himself for registration, the registrar shall have power to refuse such registration, and if any registered person, after due inquiry by the council, is adjudged by them to have been guilty of infamous or unprofessional conduct in any respect, or of professional incompetence, negligence or misconduct so gross as to disqualify such person in the opinion of the council from practising under this Act, the council may, if they see fit, direct the registrar to erase the name of any such person from the register. [1922, c. 56, s. 9.] or other 46. (1) If the committee considers that the offence is Suspension not of such gravity or importance as to warrant the person's punishment name being erased from the register, they may suspend such person from the privileges of a registered practitioner for such time, not exceeding twelve months, as they think fit, and in addition to, or in lieu of suspension as herein provided, the committee may impose such other penalty or fine as in their judgment the offence warrants, and order the registrar to have their finding carried out: Provided, however, that the fine thus imposed shall not be less than fifty dollars, nor more than five hundred dollars, with or without costs incurred by the committee or council in the prosecution of the investigation of the charge or complaint against such person. (2) If the offender does not within thirty days after receiving a written notice from the registrar of the finding of the committee comply with their judgment the registrar may suspend the offender from the privileges of a registered practitioner until judgment is complied with. [1922, c. 56, s. 10.] 47. Any direction of the council under the provisions Appeal of section 45 and any adjudication of the committee under section 46 shall be subject to an appeal to a judge of the Supreme Court who shall dispose of such appeal in a sum. mary manner and shall have power if it seems advisable to suspend the operation of any such finding or adjudication until the judge shall have finally pronounced thereon. [1922, c. 56, s. 11.] 48. The executive committee of the council under this Preliminary inquiry Act may and upon the written application of any three registered practitioners to the council shall make a preliminary inquiry into the facts regarding such conduct of any registered practitioner as is hereinbefore set out, and if the facts justify a reference to the council for a more thorough and complete investigation, the executive committee shall make such reference and the council shall order an investigation by the discipline committee as hereinbefore provided. [1906, c. 28, s. 46.] |