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A B I LL

FOR THE REGISTRATION OF THE LEGALLY

QUALIFIED PRACTITIONERS OF MEDICINE INGREAT BRITAIN AND IRELAND.

PREPARED AND BROUGHT IN BY MR. WAKLEY AND

MR. WARBURTON.

Ordered, by the House of Commons, to be printed, 7th Aug. 1846.[NOTE.-The words printed in Italic.5 are proposed to be inserted

in the Committee.]1. Preamble.-Registrars to be appointed.-Whereas the law-

relating to the practice of medicine in Great Britain and Ire-land are numerous and complicated, and the public possess nomeans of distinguishing between legally-qualified physicians,surgeons, and apothecaries, and the pretenders to a knowledgeof medicine and surgery, and it is desirable that the namesand qualifications of legally-educated practitioners should beduly registered by competent authority, be it enacted, by theQueen’s Most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons,in this present Parliament assembled, and by the authority ofthe same, that it shall be lawful for one of Her Majesty’sprincipal Secretaries of State for the time being, and he ishereby required, within one month from the passing of thisAct, to nominate and appoint three fit and proper persons,being at the time of such appointment qualified to be regis-tered under this Act, to be registrars for carrying this Actinto execution, one such registrar to be called the "MedicalRegistrar for England," another the " Medical Registrar forIreland," and the third the " Medical Registrar for Scotland,"and also from time to time to appoint such clerks and other

. officers as the said Secretary of State shall deem necessary forthe assistance of the said registrars in carrying into executionthe provisions of this Act; and the said Secretary of Statemay at his discretion remove any registrar or other person soappointed as aforesaid; and upon any death, resignation, orother vacancy, may appoint other proper persons to be suchregistrars, clerks, and officers, respectively: provided always,that there shall be paid to the said registrars, clerks, and mes-sengers, out of any moneys to be received by the said regis-trars by virtue of this Act, such salaries as shall be from timeto time fixed and allowed by the Lord High Treasurer orCommissioners of her Majesty’s Treasury, who may also allowsuch reasonable travelling expenses as may have been in-curred by any registrar, clerk, or messenger, in the perform-ance of his duties under this Act, and such other reasonableexpenses of putting and carrying this Act into execution, asthe said Lord High Treasurer or Commissioners of her Ma-jesty’s Treasury shall think fit.2. And be it enacted, that all moneys received by the regis-trars aforesaid in carrying this Act into execution, shall bepaid by them into the Bank of England, at such times and insuch a manner as the Secretary of State aforesaid shall direct,to the credit of the Lord High Treasurer or Commissioner ofher Majesty’s Treasury, and in the name of the " Medical Re-gistration Fund of Great Britain and Ireland."

and

kept.—And be it enacted, that the several registrars shall,within thirty days after their appointment, and shall fromtime to time, proceed to register, in books to be kept for thatpurpose, without any fee whatsoever, the name and place ofabode, together with a description of the testimonials of everyphysician, surgeon, and apothecary, who shall apply to beregistered, and who, prior to the passing of this Act, shallhave taken a degree in medicine in any English, Irish, or Scotchuniversity, or who shall state his place of abode, and apply tobe registered, and shall produce his diploma, certificate, orlicence, or shall produce a duly attested certificate, or such otherproof as shall be satisfactory to the said registrars, of his havingobtained a diploma, certificate, or licence to practise as a phy-sician, surgeon, or apothecary, dated prior to the passing of thisAct, and granted by any English, Irish, or Scotch college or hall,or any corporation, sole or aggregate, in England, Ireland, orScotland, legally entitled to grant the same at the time of thepassing of this Act, and also to every person who shall apply forthe same, and who was actually practising medicine in Englandand Wales prior to the first day of August, one thousand eighthundred and fifteen, and who shall sign a declaration accord-ing to the form in schedule (A) to this Act annexed, and alsoto every surgeon and assistant-surgeon of the army and navy

who shall apply for the same, and whose warrant of appoint-ment bears date prior to the first day of August, one thousandeight hundred and fifteen, and to every physician, surgeon,and apothecary, upon the payment of two pounds, who, afterthe passing of this Act, shall take a degree in medicine as afore-said, or produce a certificate, licence, or diploma, as aforesaid,dated subsequently to the passing of this Act, and shalldeliver to the said registrar a statement of his place ofabode.

4. And be it enacted, that the several registrars shall issuecertificates according to the form in schedule (B) to this Actannexed, to every person who shall have been registered asaforesaid, and shall apply for the same, and shall state histhen place of abode: provided always, that the said registrarsshall issue such certificates for that part of Great Britain andIreland only for which they shall severally be appointed toact.

5. Fee to registrar for his certificate.-And be it enacted,that every person applying for such certificate shall, upon hisapplication for such certificate, pay to the registrar a sum notexceeding five shillings, and such certificate shall bear dateon the day on which the same shall be issued, and shall con-tinue in force until the thirty-first day of December, one thou-sand eight hundred and forty-seven, and no longer: providedalways, that it shall be lawful for the said registrars, and theyare hereby required, at any time on or before the fifteenthday of December in every subsequent year, upon the applica-tion of such persons as shall be then registered, to issue suchcertificates in like manner in all respects as aforesaid, subjectto the payment of a sum not exceeding seven shillings asaforesaid, which said certificates shall take effect from theday of the date thereof, and shall continue in force until thethirty-first day of December in the year next following thatin which the same shall be granted, and no longer.

’ 6. Register of certificates to be kept.-And be it enacted, thateach of the said registrars shall duly record in a book everycertificate which he shall issue as aforesaid, and in the monthof January in every year shall cause to be printed a correctregister, arranged alphabetically, of the names of all personsto whom he shall have so issued certificates during the yearpreceding the 15th day of December then last past, accordingto the provisions of this Act, together with their places ofabode, and a description of their qualification or qualifications,and such registers shall be respectively called, " The MedicalRegister for England," " The Medical Register for Ireland,"and " The Medical Register for Scotland," and a printed copyof the register for the time being, so published as aforesaid,shall be evidence in all courts, and before all justices andothers, that the persons therein specified have obtained a cer-tificate according to the provisions of this Act; and the absenceof the name of any person from such printed copy shall beevidence, until the contrary be made to appear, that suchperson has not obtained a certificate according to this Act;and copies of such medical registers shall be furnished by therespective registrars to every person who shall apply for thesame, upon the payment of a sum not exceeding one shillingfor each conv.

7. Persons omitted in original register may obtain subsequentcertificates upon application to registrar.-And be it enacted,that if any person entitled by this Act to obtain a certificateas aforesaid, whose name, or correct description, or abode, doesnot appear in such medical register as aforesaid, shall at anytime apply for a certificate to any of the registrars aforesaid, andshall prove to the satisfaction of such registrar either that heis a person whose name, through neglect or mistake, has beenomitted from the medical register then current, or that hepurposes commencing or resuming practice, or of changinghis abode before the first day of January in the ensuing year,every such applicant shall be entitled to obtain from theregistrar appointed for that part of the United Kingdom inwhich he resides,-upon payment of twenty shillings, and send-ing his name and then place of abode, together with a descrip-tion of his testimonials,—a certificate as aforesaid, to takeeffect from the day of the date thereof, and to continue inforce until the first day of January then next ensuing.

8. Persons not possessing certificates prohibited from acting asmedical practitioners in public offices and other situations.—Andbe it enacted, that from and after thefrst day of January, onethousand eight hundred and forty-seven, no person who does notpossess a certificate in force according to the provisions ofthis Act, shall be deemed capable of acting in any part ofGreat Britain or Ireland, in the capacity of a physician,surgeon, apothecary, surgeon-apothecary, or other medicalofficer in any hospital, infirmary, dispensary, lunatic or other

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asylum, lying-in hospital, gaol, penitentiary, house of cor-rection, house of industry, parochial or union workhouse orpoorhouse, parish union or other public establishmentor institution, or to any friendly or other Society for affordingmutual relief in sickness, infirmity, or old age; and wherevelby law it is provided that any act shall be done by a physician.surgeon, apothecary, or medical or surgical practitioner, bywhatever name or title called, such provision shall be con-strued, after the passing of this Act, to mean a person pos-sessing a certificate in force according to the provisions ofthis Act, and such persons only; and the certificate or evi-dence of any person not possessing a certificate as aforesaid,given after the passing of this Act, shall not be received asthe certificate or evidence of a physician, surgeon, or apothe-cary, or medical or surgical practitioner, in any court of lawor equity, or in any matter or thing in which, by law orcustom, the certificate or evidence of a physician, surgeon,apothecary, or medical or surgical practitioner, is or shall berequired.

9. Medical practitioners exempted from serving on juries, andin the militia.-And be it enacted, that every person whoshall possess a certificate under the provisions of this Act,

shall be exempt, if he shall so desire, from being summonedor serving on all juries and inquests whatsoever, and fromserving in the militia, all corporate, parochial, ward, hundred,and township offices, and his name shall not be returned inany list of persons liable to serve in the militia, or in anysuch office as aforesaid, and no person shall be entitled to suchexemption as aforesaid on the ground of being a physician,surgeon, or apothecary, who does not possess such certificateas aforesaid.

10. For certain ofences, names ofmedical practitioners to beerased from the register.-And be it enacted, that if any re-gistered physician, surgeon, or apothecary, shall be convicted,in England or Ireland, of any felony, or in Scotland of anycrime or offence inferring infamy or the punishment of deathor transportation, or if it shall be found by the judgment ofany competent court, that any such physician, surgeon, orapothecary shall have procured a certificate under this Actby any fraud or false pretence, or that any such physician,surgeon, or apothecary has wilfully and knowingly given anyfalse statement, evidence, or certificate in any case in whichby law the evidence or certificate of a physician, surgeon, orapothecary is required, it shall be lawful for any registrar, onproduction before him of an office copy or extract of the con-viction or judgment of the court, duly certified under the handof the proper officer of the court, to cause the name of suchphysician, surgeon, or apothecary to be erased from the register;and every person whose name shall have been so erased aftersuch conviction or judgment as aforesaid, shall thereby forfeitand lose all the privileges of a registered physician, surgeon,or apothecary, as the case may be, and shall not be entitledthen or thereafter to obtain such certificate as aforesaid.

11. Penalty for obtaining certificate by fals6 representations.-And be it enacted, that if any person shall wilfully procure orattempt to procure a certificate from any registrar, by makingor producing, or causing to be made or produced, any false orfraudulent representation or declaration, either verbally or inwriting, or shall, by any false or fraudulent means whatsoever,possess, obtain, use, or attempt to possess, obtain, or use, anycertificate as aforesaid, every such person so offending, andevery person aiding and assisting him therein, shall, uponbeing convicted thereof, be adjudged guilty of a misdemeanorin England and Ireland, and in Scotland of a crime and offence,and thereupon it shall be lawful for the court before whomsuch offender shall be tried and convicted, to sentence suchoffender to be imprisoned, with or without hard labour, for anyperiod of time not exceeding six calendar months.

12. Pe’nalty on unqualified persons acting or practising asmedical o.fficfJ’s.-And be it enacted, that every person ap-pointed after the passing of this Act to any medical or surgicaloffice for which he is not qualified according to the provisionsof this Act, and who shall act or practise in such office, shall,for every such offence, forfeit the sum of Twenty pounds, to berecovered by action of debt or information to be brought inany of Her Majesty’s Courts of Record at Westminster, or inthe Court of Exchequer in Scotland or in Dublin, within sixcalendar months next after the commission of the offence, inthe name of Her Majesty’s Attorney-general in England andIreland, and of the Lord Advocate in Scotland.

13. Interpretation clause.-And be it enacted, that the words"medicine" and "medical" when used in this Act shall alsomean and include the words "surgery" and "surgical."

SCHEDULES TO WHICH THIS ACT REFERS.SCHEDULE (A.)

DECLARATION of PERSONS claiming to be registered as ApOTHE-CARIES upon the ground that they were in practice as Apo-thecaries previous to the 1st day of August, 1815.

To the Medical Registrarfor England.I [Samuel Baker], residing at [6, Duke-street, Birming-

ham], in the county of [Stafford], hereby declare that I waspractising as an Apothecary at [16, George-street, Hastings],in the county of [Sussex], previous to the 1st day of August,1815. (Signed) [Samuel Baker.Dated this [6th] day of [October], 1846.

SCHEDULE (B.)By virtue of the powers vested in me by an Act of Parlia-

ment passed in the tenth year of the reign of her MajestyQueen Victoria, intituled, " An Act for the Registration of thelegally-qualified Practitioners of Medicine in Great Britainand Ireland," I hereby certify that

[James William Thomson]residing at [15, Ormond-street, Manchester], in the [countyof Lancashire], has been registered according to the provisionsof the said Act, asA MEMBER OF THE FACULTY OF MEDICINE OF [ENGLAND];

and that he is entitled to all the powers and privileges con-ferred by the said Act. This certificate will remain in forceuntil the 31st day of December [1847], and no longer.

(Signed) [Henry Brown),Medical Registrar for [England].

Dated 4th August, 1846.

MEETING OF THE NATIONAL ASSOCIATION.WEDNESDAY, AUGUST 12, 1846.

A GENERAL Meeting of the Members of the National Asso-ciation of General Practitioners, was held, pursuant to adver-tisement, at the Hanover Square Rooms, on Wednesday last,for the purpose of forming a National Institute of Medicine,Surgery, and Midwifery. The meeting was advertised forseven precisely, but at that time only two members of theAssociation were present, and the chairman, Mr. Pennington,did not ascend the platform until twenty minutes to eight, atwhich time forty members were present. The Com-mittee and their friends swelled the meeting to ninety-four.The chairman read a short address expressive of his desireand determination to raise the position of that class of theprofession to which he belonged, and calling upon the mem-bers present to be unanimous and determined in the assertionof their just rights. He felt no doubt that, ultimately, theirlabours would be crowned with complete success.Mr. Ross, the assistant secretary, read the report, which

contained a detailed account of the advantages which the com-mittee considered would arise from the establishment of aNational Institute of Practitioners in Medicine, Surgery, andMidwifery. It was proposed to establish a museum, a library, acommon hall, and other important requisites. He stated, thatof the schedules sent out by the committee to every memberof the Association, 1337 had been returned, and of these 1288were expressive of the determination of the senders to co-

operate in the formation of, and subscribe to, the intendedInstitute. The report also entered into an explanation of thereason of many members having failed to return tbeir schedulesone of the most prominent of which was, the fear that a singlequalification did not entitle them to vote, a mistake which thecommittee were anxious to rectify. The great majority ofthe 1288 were in favour of the subscription both in Londonand the country being the same, and agreed that one guineayearly was the most proper amount. The committee hadtherefore decided, that one guinea should be the subscription.The report finished with a reference to the change of ministry,and the expression of a confident hope that the change wasfavourable to the progress of medical-reform.The meeting was afterwards addressed by several gentle-

men, who proposed and seconded the following resolutions,which were, severally, unanimously carried:-lst.-That the report just read be received.2nd.-That this Meeting hereby declares the formation of a

"National Institute of Medicine, Surgery, and Midwifery,"upon the plan approved by the meeting of the National Asso-ciation, held at the Hanover-square Rooms on the 17th ofApril, 1846, and with the objects recited in the report just