Deposit for costs Payment of costs Erasure of name Prohibition of practice during suspension Restoration of name Employment of legal assistance Meetings of committees 49. The council or executive committee may demand, if it sees fit to do so, from any party or parties requesting an investigation, before undertaking the same, a reasonable amount as a deposit to cover the costs and expenses of such an investigation, and in case the investigation establishes the fact that the complaint was frivolous or vexatious, such deposit may be applied to cover the expenses of the same, otherwise the deposit shall be returned to the party or parties making it. [1906, c. 28, s. 47.] 50. The council may order to be paid out of the funds at their disposal such costs as to it seems just to any person against whom any complaint has been made. [1906, c. 28, s. 48.] 51. When the council directs the erasure from the register of the name of any person, the name of that person shall not be again entered on the register except by direction of the council or by an order of a judge of the Supreme Court. [1906, c. 28, s. 49.] 52. If the name of any person is struck off the register, or if he be under suspension under the provisions hereof, it shall be unlawful for such person to practise under the provisions of this Act, or to be directly or indirectly associated in practice with any member of the College, and it shall be unlawful for any member of the College to be associated in practice directly or indirectly with any member whose name has been struck off or who is under suspension hereunder, while such member is under disability. [1922, c. 56, s. 12.] 53. If the council thinks fit in any case it may direct the registrar to restore to the register any name or entry erased therefrom, either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. [1906, c. 28, s. 50.] 54. The discipline committee appointed hereunder, as well as the executive committee of the council, may, for the purpose of the execution of their duties under this Act, employ at the expense of the council such legal or other assistance as these committees may think necessary, and the person whose conduct is the subject of inquiry shall also have the right to be represented by counsel. [1906, c. 28, s. 51.] 55. All meetings of such committees when held for taking evidence or otherwise ascertaining the facts shall be held within the judicial district where the member complained of resides or the alleged offence was committed, unless for person 56.-(1) At least two weeks before the meeting of the Notice to committee to be held for taking evidence, or otherwise complained of ascertaining the facts, a notice shall be served upon the person whose conduct is the subject of inquiry; and such notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry, and shall also specify the time and place of such meeting. (2) The testimony of witnesses shall be taken under oath, which the chairman or acting chairman of the committee is hereby authorized to administer, and there shall be full right to cross-examine all witnesses called and to adduce evidence in defence and reply. [1906, c. 28, s. 53.] 58. In the event of the nonattendance of the person Subpoena evidence of a witness before the committee, a judge of the Supreme Court may, on application of any party to the inquiry, order the issue by the Clerk of the said Court or a deputy thereof of a writ of subpoena ad testificandum or a writ of subpoena duces tecum. (2) The rules of evidence on such inquiry and the proceedings and penalties in the case of disobedience to any such writ shall be the same as obtain in civil cases in the said Court. [1906, c. 28, s. 54.] attendance 58. In the event of the non-attendance of the person Nonwhose conduct is the subject of such inquiry the committee of person may, upon proof of personal service of the notice aforesaid complained of in accordance with the provisions of this Act, which proof of service may be by statutory declaration, proceed with the subject matter of the inquiry in his absence and make the report of the facts without further notice to such person. [1906, c. 28, s. 55.] judge 59. Any person whose name has been ordered to be Appeal to a erased from the register may appeal from the decision of the council to a judge of the Supreme Court at any time. within six months of the date of the order for such erasure; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be just. [1906, c. 28, s. 56.] appeal 60. The appeal may be by summons for the council Procedure on to show cause, served upon the registrar, and shall be founded upon a copy of the proceedings before the committee, the evidence taken, the committee's report and the order of the council in the matter certified by the registrar; Right to practise Recovering fees Limitation of actions No recovery of fees unless registered Appointment in public service Condition of validity of certificate Construction of certain words in any Act and the registrar shall upon the request of any person Rights of Medical Practitioners. 61. Every person registered under the provisions of this Act and not under suspension shall be entitled to practise medicine, surgery and midwifery or any of them in the Province of Alberta and to demand and recover in any Court in the Province, with full costs of suit, reasonable charges for professional aid, advice and visits, and the cost of any medicine or surgical appliances rendered or supplied by him to his patients. [1906, c. 28, s. 58.] 62. No duly registered member of the College shall be liable to any action for negligence or malpractice by reason of professional services requested or rendered unless such action be commenced within one year from the date when in the matter complained of such professional services terminated. [1906, c. 28, s. 59.] 63. No person shall be entitled to recover in any Court of law for any medical or surgical advice or for attendance or for the performance of any operation or for any medicine. which he may have prescribed unless he is registered under this Act and not under suspension. [1906, c. 28, s. 60.] 64. No person shall be appointed as medical officer, physician or surgeon or in any hospital or other charitable institution unless he is registered under the provisions of this Act and not under suspension. [1906, c. 28, s. 61; 1911-12, c. 4, s. 16.] 65. No certificate required by any Act in force, or that may hereafter be passed, from any physician or surgeon or medical practitioner, shall be valid unless the person signing the same is registered under this Act and not under suspension. [1906, c. 28, s. 62.] Interpretation. 66. The words "legally qualified medical practitioners" or "duly qualified medical practitioners," or any other words implying legal recognition of any person as a medical practitioner or member of the medical profession, when used in any Act shall in so far as such Act applies to the Province of Alberta be construed to mean a person registered under this Act and not under suspension. [1906, c. 28, s. 63.] 67. (1) Any person shall be held to practice within Persons the meaning of section 70 of this Act who shall deemed to (a) by advertisement, sign or statement of any kind, of section 70 (b) advertise or claim ability or willingness to prescribe (d) act as the agent, assistant, or associate of any of Provided that this section shall not apply to the practice Proviso of dentistry or pharmacy, or to the usual business opticians, or vendors of dental or surgical instruments, apparatus and appliances. Aid (2) Nothing in this Act shall prevent private persons by from giving necessary medical or surgical aid in times of urgent need providing that such aid be given without hire, gain or hope of reward. [1911-12, c. 27, s. 3.] Publication and Medical Register. of register 68. (1) The registrar shall from time to time under the Publication direction of the council cause to be printed and published a correct register of the names in alphabetical order, according to surnames, with the residences, as in form B in the schedule to this Act or to the like effect, and shall issue yearly thereafter between the issues of such register, if not published yearly, an addenda to such register containing the names, etc., as above set forth of the persons registered under this Act, together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication, and such register shall be called "The Alberta Medical Register," and a copy of the register for the time being purporting to be so printed and published as aforesaid shall be prima facie evidence in all Courts in the Province of Alberta and before all justices of the peace and all others that the persons therein specified are registered according to the provisions of this Act, and subject to the provisions of subsection (2) of this section the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered according to the provisions of this Act. (2) In the case of any person whose name does not Addenda appear in such copy or addenda, a certified copy under the Evidence Practise by unregistered persons Chiropractors hand of the registrar of the entry of the name of such person Evidence of Registration. 69.—(1) In all cases where proof of registration under this Act is required to be made, the production of the printed or other copy of the register, or of any extract therefrom or addenda thereto certified by the registrar, shall be sufficient evidence of registration in lieu of the production of the original register, and any certificate purporting to be signed by any person in his capacity as registrar of the council under this Act and bearing the seal of the College shall be prima facie evidence that such person is the registrar without any proof of his signature or of his being in fact such registrar. (2) In any case where proof of registration or nonsuspension is required to validate a witness' evidence, and a copy of the register, or addenda thereto, or of any extract therefrom certified by the registrar, or the production of the original register, is not available without prejudicial delay to the cases or the parties interested, then and in such case the evidence of the person under oath claiming to be registered under this Act and not under suspension, that he is so registered and not under suspension shall be proof of same. [1906, c. 28, s. 65.] Offences, Penalties and Prosecutions. 70. If any person, not registered pursuant to this Act, either directly or indirectly, practises or professes to practise medicine, surgery, midwifery, homeopathy, osteopathy, or any non-drug science, therapy, or system of practice, or if any person registered in respect to one class of practice shall practise in respect to another class, he shall, upon summary conviction thereof, before a justice of the peace, forfeit and pay for the first offence a penalty of fifty dollars; for the second or any subsequent offence a penalty of not less than fifty nor more than two hundred dollars and imprisonment for three months, and in default of immediate payment of the fine and costs to six months' imprisonment: Provided that the provisions of this section, in so far as they refer to the practise of midwifery, shall apply only to the territory included within the limits of any incorporated city, town or village, having a resident registered practitioner therein. [1920, c. 21, s. 4.] 71. (1) Notwithstanding any other provisions of this Act any person who was practising as a chiropractor upon the first day of March, one thousand nine hundred and twenty-two, in the Province shall be entitled to receive |