Number 25 of 1927.
MEDICAL PRACTITIONERS ACT, 1927.
ARRANGEMENT OF SECTIONS
Acts Referred to | |
No. 2 of 1925 | |
Number 25 of 1927.
MEDICAL PRACTITIONERS ACT, 1927.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “the Council” means the Medical Registration Council constituted by this Act;
the expression “the register” means the Register of Medical Practitioners for Saorstát Eireann to be established under this Act;
the expression “the General Council” means the General Council of Medical Education and Registration in the United Kingdom as constituted under the Medical Acts as modified by the Agreement set out in the First Schedule to this Act;
the expression “the General Register” means the register of medical practitioners maintained under the Medical Acts;
the expression “registered medical practitioner” in relation to anything done or to be done or an event happening before the establishment of the register means a person registered in the General Register and in relation to anything done or to be done or an event happening after the establishment of the register means a person registered in the register.
the expression “qualifying diploma” means one of the diplomas mentioned in the Second Schedule to this Act;
the expression “qualifying examination” means an examination in medicine, surgery, and midwifery held in Saorstát Eireann for the purpose of granting a qualifying diploma;
the expression “self-governing dominion” means and includes the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland;
the expression “British possession” does not include Great Britain or Northern Ireland or the self-governing dominions.
Confirmation of Agreement and consequential amendments of the law.
2.—(1) The Agreement set forth in the First Schedule to this Act is hereby confirmed and shall take effect on whichever of the following dates is the later, that is to say, the date of the passing of this Act and the date of the passing into law by the Parliament of the United Kingdom of Great Britain and Northern Ireland of legislation to give statutory effect to the said Agreement.
(2) For the purpose of enabling the said Agreement to have statutory effect in Saorstát Eireann, it is hereby enacted:—
(a) that the Medical Act, 1925 (No. 2 of 1925) shall, notwithstanding anything to the contrary contained therein or in any other Act, expire on the passing of this Act,
(b) that the said Agreement, in so far as the terms thereof are inconsistent with the Medical Acts, shall be deemed to amend or modify to that extent those Acts, and those Acts are hereby amended and modified accordingly,
(c) that the Medical Acts as so amended or modified shall be and continue in force in Saorstát Eireann so far as is so provided by the said Agreement or is necessary to enable the said Agreement to have full force and effect in Saorstát Eireann,
(d) that save as is otherwise enacted in the foregoing paragraph the Medical Acts shall cease to have effect on the date defined in this Act as the establishment of the register.
Constitution of the Medical Registration Council.
3.—(1) A Council to be styled the Medical Registration Council (in this Act referred to as the Council) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act.
(2) The Council shall be a body corporate having perpetual succession and may provide itself with a seal and may sue and be sued under its said style and name.
(3) The Council shall consist of eleven members nominated or elected from time to time as follows, that is to say:—
(a) two shall be nominated by the Executive Council,
(b) one shall be nominated by each of the following bodies, that is to say, University College, Dublin, University College, Cork, University College, Galway, the University of Dublin, the Apothecaries Hall of Ireland, the Royal College of Surgeons in Ireland, and the Royal College of Physicians of Ireland, and
(c) two, who shall be registered medical practitioners resident in Saorstát Eireann, (in this Act referred to as direct representatives) shall be elected by the persons who are for the time being registered medical practitioners resident in Saorstát Eireann.
Term of office of member of the Council.
4.—(1) Subject to the provisions of this section in relation to persons elected or nominated to fill casual vacancies every member of the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold his office as such member for the term of five years reckoned, in the case of the first members, from the establishment of the Council and, in the case of every subsequent member, from the expiration of the term of office of his predecessor.
(2) A member of the Council elected or nominated to fill a casual vacancy in the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified.
(3) Every member of the Council shall on the cesser of his membership by effluxion of time be eligible for re-election or re-election or re-nomination.
Resignation and disqualification of members of the Council.
5.—(1) A member of the Council may at any time resign his office as such member by letter addressed and sent to the President of the Council or, if the office of such President is vacant, to the Council and every such resignation shall take effect at the commencement of the meeting of the Council commencing next after the receipt of such resignation by the President or the Council (as the case may be).
(2) Every direct representative and every person elected on the occurrence of a casual vacancy to fill the place of a direct representative shall upon his ceasing to be a registered medical practitioner resident in Saorstát Eireann forthwith be disqualified for continuing to be a member of the Council.
Casual vacancies in the Council.
6.—(1) Whenever a vacancy (in this Act called a casual vacancy) occurs in the membership of the Council by reason of the death, resignation, or disqualification of a member of the Council who is not a direct representative, the Council shall forthwith notify the authority or body by which such member was nominated of the occurrence of such vacancy and such authority or body shall as soon as conveniently may be nominate a person to fill such vacancy.
(2) Whenever a vacancy (in this Act called a casual vacancy) occurs in the membership of the Council by reason of the death, resignation, or disqualification of a direct representative or of a person elected under this Act to fill the place of a direct representative, a registered medical practitioner resident in Saorstát Eireann shall be elected to fill such vacancy by the persons who are for the time being registered medical practitioners resident in Saorstát Eireann.
The President of the Council.
7.—(1) It shall be the duty of the Council to elect from time to time as occasion requires one of its members to be the President of the Council.
(2) Every President of the Council shall hold office as such President from the date of his election to that office until the happening of whichever of the following events first happens, that is to say:—
(a) the expiration of his term of office as a member of the Council,
(b) his ceasing to be a member of the Council otherwise than by the expiration of his term of office,
(c) his resigning the office of President of the Council.
(3) The President of the Council may at any time resign his office as such President by letter addressed and sent to the Council and every such resignation shall take effect at the commencement of the meeting of the Council commencing next after the receipt of such resignation by the Council.
The establishment of the Council.
8.—(1) As soon as may be after the passing of this Act the Minister shall hold an election of two direct representatives to be members of the Council and shall also send to every authority and body (other than the Executive Council) entitled under this Act to nominate a member of the Council a notice in writing requesting such authority or body to nominate a member of the Council.
(2) On the completion of such election of such two direct representatives or the expiration of one month from the sending of the notice mentioned in the foregoing sub-section (whichever last happens) the Minister shall communicate to the Executive Council the names of the two direct representatives so elected and the names of the members of the Council nominated by authorities and bodies other than the Executive Council and shall at the same time request the Executive Council to nominate two members of the Council.
(3) When the Executive Council has nominated two members of the Council pursuant to such request the Minister shall publish in the Iris Oifigiúil a notice declaring the Council to be established as on and from a date named in such notice and stating the names of the persons elected and nominated in pursuance of this section to be members of the Council.
(4) If any authority or body (other than the Executive Council) entitled under this Act to nominate a member of the Council fails so to do before the publication in the Iris Oifigiúil of the notice mentioned in the foregoing sub-section, such failure shall be stated in such notice but shall not invalidate or prejudice the establishment of the Council or disentitle such authority or body subsequently to nominate a member of the Council.
(5) The date to be named in the said notice published in the Iris Oifigiúil as the date for the establishment of the Council shall be subsequent to but not more than ten days subsequent to the publication of such notice and all references in this Act to the establishment of the Council as a point in time shall be construed as referring to the date so named in such notice.
The first meeting of the Council.
9.—(1) As soon as may be after the establishment of the Council the Minister shall by notice in writing sent by post to every member of the Council appoint a time and place for the first meeting of the Council.
(2) The Council shall meet at the time and place appointed under this section for its first meeting and shall thereupon enter on its duties under this Act and in particular shall at such meeting or as soon as may be thereafter proceed to establish the register.
Nomination of nominated members of the Council.
10.—(1) Not more than two months nor less than one month before every expiration of the term of office of the nominated members of the Council, the Council shall send to every authority and body entitled under this Act to nominate a member of the Council a letter notifying such authority or body of the date of such expiration and requesting such authority or body to nominate a person to become and be a member of the Council on such expiration.
(2) Every authority or body nominating a member of the Council shall, in the case of a nomination made before the establishment of the Council, communicate to the Minister and, in the case of a nomination made after such establishment, communicate to the Council in writing the name of the person so nominated by it and no such nomination shall be complete until the name of the person nominated has been so communicated to the Minister or the Council (as the case may be) by the body or authority making such nomination.
Elections of direct representatives.
11.—(1) The returning officer for the election of direct representatives required by this Act to be held before the establishment of the Council shall be an officer of the Minister appointed for the purpose by the Minister.
(2) Not more than three months nor less than two months before every expiration of the term of office of the direct representatives the Council shall appoint the President of the Council if he is willing to act or if he is not so willing some other member of the Council willing to act to be the returning officer for the election of two persons to become and be direct representatives on such expiration.
(3) Every returning officer appointed by the Council under this section shall immediately upon his appointment hold an election in accordance with this Act of two direct representatives and shall so hold and conduct such election that the same is completed before the commencement of the term of office of the direct representatives elected at such election.
(4) Every election of direct representatives shall be conducted in accordance with the Rules set forth in the Third Schedule to this Act and such other Rules (if any) not inconsistent therewith as the Minister shall think proper to make.
(5) Every such returning officer appointed by the Council under this section shall immediately upon the completion of the election for which he was so appointed communicate in writing to the Council the names of the direct representatives elected thereat and such other information in relation to such election as may be prescribed by regulations made by the Council.
(6) The returning officer for the election of direct representatives held before the establishment of the Council shall be entitled to the assistance of such persons as the Minister shall direct and the returning officer for every subsequent such election shall be entitled to the assistance of the officers and servants of the Council.
Elections to fill casual vacancies.
12.—(1) As soon as may be after the occurrence of a casual vacancy in the membership of the Council by reason of the death, resignation, or disqualification of a direct representative or of a person elected under this Act to fill the place of a direct representative the Council shall appoint the President of the Council if he is willing to act or if he is not so willing some other member of the Council willing to act to be the returning officer for the election of a person to fill such vacancy.
(2) Every returning officer appointed under this section shall immediately upon his appointment hold an election in accordance with this Act to fill the vacancy which occasioned his appointment and every such election shall be conducted in accordance with the Rules set forth in the Third Schedule to this Act and such other Rules (if any) not inconsistent therewith as the Minister shall think proper to make.
(3) Every returning officer appointed under this section shall immediately upon the completion of the election for which he was appointed communicate in writing to the Council the name of the person elected thereat and such other information in relation to such election as may be prescribed by regulations made by the Council.
(4) Every returning officer appointed under this section shall be entitled to the assistance of the officers and servants of the Council in the holding of the election for which he was appointed.
Meetings and procedure of the Council.
13.—(1) The Council shall fix the times and places of its meetings and every meeting of the Council subsequent to the first meeting thereof shall be held at the time and place so fixed.
(2) The procedure of the Council at its meetings and otherwise shall be conducted in accordance with the regulations in that behalf made by the Council under this Act.
(3) One-third of the members of the Council shall constitute a quorum.
(4) Every decision to be made by the Council at any meeting thereof shall be made by a simple majority of the members of the Council present at such meeting and voting on such decision.
(5) The President of the Council shall act as chairman of every meeting thereof at which he is present and in the absence of the President from any such meeting the members of the Council present at such meeting shall elect one of their number to be the chairman of such meeting.
(6) Whenever at a meeting of the Council an equal number of votes of the members of the Council present and voting is cast for and against a proposed motion or resolution the chairman of such meeting shall, in addition to his vote as a member of the Council, have a casting vote.
(7) The Council may act notwithstanding one or more vacancies in its membership.
Officers and servants of the Council.
14.—(1) The Council shall appoint a registrar (in this Act referred to as the registrar) and may appoint such other officers and servants as it thinks proper.
(2) The registrar and every other officer and servant of the Council shall receive such remuneration and be subject to such conditions of service as shall be determined by the Council with the approval of the Minister and the consent of the Minister for Finance.
The duties of the registrar.
15.—(1) It shall be the duty of the registrar to keep the register and to make therein such entries and erasures as he shall be directed by the Council by regulations made under this Act to make therein and for that purpose the Council may by such regulations delegate to the registrar such of the powers and duties of the Council under this Act in relation to the register as are of a ministerial character and do not involve the exercise of any discretion or are authorised by this Act to be so delegated.
(2) The registrar shall also act as secretary of the Council and perform such other duties and in particular such duties in relation to the preparation, printing, publication, and sale of the medical register as the Council shall direct.
Accounts of the Council and the audit thereof.
16.—(1) The Council shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by the Council.
(2) The accounts of the Council shall be audited at least once in every year by an auditor appointed for the purpose by the Minister and the fees of such auditor shall be fixed by the Minister and such fees and also the expenses generally of such audit shall be paid by the Council.
(3) As soon as may be after every audit under this section of the accounts of the Council the Council shall cause such accounts and the auditor's certificate and report thereon to be printed, published, and put on sale either by inclusion in the volume containing the medical register or as a separate volume and shall immediately after every such publication present to the Minister and to each House of the Oireachtas a copy of such accounts and such certificate and report thereon as so printed and published.
Fees for attendances of members of Council at meetings.
17.—There shall be paid by the Council to the members thereof such fees for their attendances at its meetings and such travelling expenses in connection with such attendances as shall be determined by the Council with the approval of the Minister and the consent of the Minister for Finance.
Expenses of the Council and of the Minister.
18.—(1) All expenses incurred by the Council in the execution of this Act up to the expiration of one year after the establishment of the register shall, to such extent as shall be sanctioned by the Minister for Finance, be defrayed out of moneys to be provided by the Oireachtas.
(2) All expenses incurred by the Council after the expiration of one year after the establishment of the register shall be defrayed by the Council out of its own moneys.
(3) All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Making of regulations by the Council.
19.—The Council may by regulations made by it prescribe all or any of the following things, that is to say:—
(a) the procedure of the Council at its meetings and otherwise,
(b) the returns to be made to the Council in respect of elections of direct representatives or of persons to fill casual vacancies by returning officers for such elections,
(c) the maintenance and keeping generally of the register and, with the approval of the Minister, the form of the register,
(d) the form and mode of application for registration in the register and the evidence to be given on such application of the title of the applicant to be so registered,
(e) the form and mode of application for the entry of additional qualifications in the register and the evidence to be given of the possession of such qualifications,
(f) subject to the provisions of this Act, the fees to be paid for the registration of persons and the entry of additional qualifications in the register,
(g) the preparation, printing, publication, and sale generally of the medical register and, with the approval of the Minister, the form of the medical register,
(h) the conduct of and proceedings at inquiries into the conduct of registered persons alleged to have been guilty of infamous conduct in a professional respect,
(i) so far as is authorised by this Act, the delegation to the registrar of the powers and duties of the Council in relation to the register,
(j) any matter or thing referred to in this Act as prescribed or to be prescribed by regulations made by the Council and not hereinbefore expressly mentioned.
Exercise by the Executive Council of the functions of the Council.
20.—(1) If at any time the Executive Council is satisfied, either after such inquiry as the Executive Council thinks fit to make or without such inquiry, that the Council has on any occasion failed to do any matter or thing which the Council is authorised or required by this Act to do and the doing of which by the Council on that occasion was in the opinion of the Executive Council necessary or appropriate for the proper exercise of the functions or the proper discharge of the duties conferred or imposed on the Council by this Act, the Executive Council may by, order direct the Council to do such matter or thing and for that purpose to do such other matters or things ancillary or incidental thereto as may be specified in such order.
(2) If the Council fails to comply with the directions contained in an order made by the Executive Council under this section, the Executive Council may themselves take such steps as they think fit to carry out the directions contained in such order or may direct the Minister to carry out the said directions and for that purpose the Executive Council and (if so directed) the Minister shall have and may exercise such of the rights and powers conferred on the Council by this Act as are necessary for the due compliance with such directions.
The establishment of the register.
21.—(1) As soon as may be after the establishment of the Council, the Council shall prepare and establish a register of medical practitioners to be known as “The Register of Medical Practitioners for Saorstát Eireann” and in this Act referred to as the register.
(2) As soon as the Council is in a position to appoint a date for the establishment of the register and in any event not later than ten months after the passing of this Act the Council shall communicate to the Minister the date (not being less than two months after such communication nor more than twelve months after the passing of this Act) on which they desire the register to be established and thereupon the Minister shall by notice published by him in the Iris Oifigiúil not less than one month before such date declare that the register shall be established as on and from such date.
(3) All references in this Act to the establishment of the register as a point in time shall be construed as referring to the date declared by the Minister under this section to be the date as on and from which the register shall be established.
(4) From and after the establishment of the register the Council shall maintain and keep the register in accordance with this Act and the regulations, made by the Council thereunder.
(5) The register shall be in such form as the Council shall, with the approval of the Minister, prescribe by regulations made by them.
Correction of the register.
22.—(1) For the purpose of keeping the register correct the Council shall from time to time as occasion requires correct all verbal or clerical errors in the register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in the register every change which comes to their knowledge in the addresses of the persons registered therein, and remove from the register the names of all persons who shall have died.
(2) For the purpose aforesaid the Council may at any time send by prepaid post to any person registered in the register a letter addressed to him at his address as stated in the register inquiring from him whether he has ceased to practise or has changed his address, and if no answer to such letter shall be received by the Council within six months after the posting of such letter the Council shall at the expiration of such six months remove the name of such person from the register.
(3) The Council may at any time on such terms and as from such date as they think proper restore to the register the name of any person whose name was removed from the register under this section and who satisfies the Council that he is still alive and entitled to be registered in the register.
(4) The Council may by regulations made under this Act delegate to the registrar all or any of their powers and duties under this section other than the power of restoring a name to the register.
Notification by registrar of death of registered person.
23.—Every registrar of deaths on receiving notice of the death of any person who is registered in the register, shall forthwith send by post to the registrar a certificate signed by him certifying the fact of the death of such person and containing particulars of the time and place of the death of such person, and may charge the cost of such certificate and of the sending thereof to the registrar as an expense of his office of registrar of deaths.
Persons entitled to be registered at the establishment of the register.
24.—(1) There shall be registered in the register at the establishment thereof—
(a) every person who was registered in the General Register immediately before the establishment of the register and was then resident in Saorstát Eireann, and
(b) every person who was registered in the General Register immediately before the establishment of the register and was then resident outside Saorstát Eireann and applies to the Council within one month before such establishment to be registered in the register.
(2) No fee shall be chargeable on or payable by any person for registration in the register under this section.
(3) For the purposes of this section a person shall be deemed to be resident at his address as stated in the General Register.
Persons entitled to be registered after the establishment of the register.
25.—(1) After the establishment of the register the following persons shall, on making the prescribed application and paying the prescribed fee, be entitled (save as is otherwise provided by this section) to be registered in the register, that is to say:—
(a) every person who is at the time of such application registered in the General Register, and
(b) every person who is at the time of such application possessed of one or more of the qualifying diplomas mentioned in the Second Schedule to this Act granted as a result of his having passed a qualifying examination.
(2) No person whose name shall have been erased under this Act from the register on account of his having been convicted of a felony, misdemeanour, crime, or offence or his having been judged by the Council to have been guilty of infamous conduct in a professional respect shall be entitled to be registered in the register under this section solely by reason of his being registered in the General Register.
(3) A person not previously registered in the register shall not be entitled to be registered therein under this section if at any time before his application for such registration his name has been erased from the General Register on account of his having been convicted of a felony, misdemeanour, crime, or offence or his having been judged by the General Council to have been guilty of infamous conduct in a professional respect.
(4) The fee to be payable for registration in the register in right of being registered in the General Register shall not exceed the fee payable for such registration in any other right.
Foreign practitioners.
26.—(1) Any person who was trained and is for the time being registered as a medical and surgical practitioner in any British possession, self-governing dominion, or foreign country to which this section for the time being applies shall be entitled, on making the prescribed application and paying the prescribed fee, to be registered in the register.
(2) The Executive Council may at any time by order made on the application of the Council apply this section to any British possession, self-governing dominion, or foreign country in which there is in force at the date of such order legislation—
(a) providing for the registration of medical and surgical practitioners by a public authority, and
(b) requiring for such registration a standard of training and knowledge certified by the Council to the Executive Council to be not lower than the standard of training and knowledge for the time being necessary for obtaining the right to be registered under this Act, and
(c) providing for the admission of persons registered under this Act to registration under such legislation on terms certified by the Council to the Executive Council to be reasonably equivalent to the terms on which persons registered under such legislation are admitted to registration under this Act.
(3) The Executive Council may by order made on the application of the Council terminate the application of this section to any British possession, self-governing dominion, or foreign country.
(4) Persons registered in the register under this section are in this Act referred to as foreign practitioners.
Entry in register of additional qualifications.
27.—Any person registered in the register shall, at any time after his first registration therein and on making the prescribed application and paying the prescribed fee be entitled to have entered in the register in addition to his qualifications then already entered therein—
(a) any qualification the possession of which would entitle him to registration in the register,
(b) any qualification the possession of which would entitle him to registration in the General Register,
(c) any qualification which is then entered or could be entered in the General Register as part of his qualifications, and
(d) any diploma for proficiency in sanitary science, public health or state medicine granted to him after special examination by any university or college in Saorstát Eireann or by any such universities and colleges acting in combination and recognised by the Council as a diploma which may be registered under this section.
Erasure from the register of persons convicted of crime.
28.—(1) Whenever a person registered in the register is convicted in Saorstát Eireann of treason or of a felony or a misdemeanour or is convicted outside Saorstát Eireann of a crime or offence which would be a felony or a misdemeanour if committed in Saorstát Eireann, the Council may erase the name of such person from the register.
(2) A person whose name has been erased from the register under this section may be restored to the register at any time by special direction of the Council but not otherwise and the Council may attach to such restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person if he was then being registered for the first time) as the Council thinks fit.
Removal from register of persons guilty of infamous conduct.
29.—(1) Whenever a person registered in the register is judged by the Council, after due inquiry by the Council or due consideration by the Council of a report by the General Council of an inquiry held by them, to have been guilty of infamous conduct in a professional respect, the Council may, if it sees fit, erase the name of such practitioner from the register.
(2) Whenever the Council erases the name of any person from the register under this section, the Council shall forthwith send by post to such person at his address as stated in the register notice in writing of such erasure and of the reason therefor.
(3) Any person whose name is erased from the register under this section may within three months after the receipt by him of the notice mentioned in the foregoing sub-section appeal to the High Court in accordance with rules of court against the judgment of the Council in consequence of which his name was so erased from the register, and on the hearing of any such appeal the High Court may give such directions as it thinks proper including a direction that the name of the appellant be restored to the register as on and from the date on which it was erased therefrom and directions as to how the costs of the appeal are to be borne.
(4) On the hearing of an appeal under this section the High Court may, if it thinks proper so to do, admit and have regard to evidence of persons of standing in the medical profession as to the nature of conduct which is infamous in a professional respect.
(5) Whenever the High Court on an appeal under this section directs the name of a person to be restored to the register the Council shall restore the name of such person to the register in accordance in all respects with such direction.
(6) The decision of the High Court on an appeal under this section shall be final and shall not be subject to appeal to any other Court.
(7) A person whose name has been erased from the register under this section may (without prejudice to the power of directing restoration hereinbefore conferred on the High Court) at any time be restored to the register by special direction of the Council but not otherwise, and when a person is so restored to the register by the Council the Council may attach to such restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person for registration if he was then being registered for the first time) as the Council thinks fit.
Inquiry by the Council into allegation of infamous conduct.
30.—(1) The Council may at any time hold or appoint any members or member of the Council to hold an inquiry into the conduct of any person registered in the register who is alleged to have been guilty of conduct which is infamous in a professional respect, and the Council or the members or member so appointed (as the case may be) shall have power to summon witnesses to attend such inquiry and to examine them on oath and for that purpose to administer an oath to such witnesses and to compel such witnesses to produce any documents in their power or control the production of which the Council or such members or member (as the case may be) considers necessary for the purpose of such inquiry.
(2) Every person who on being duly summoned by the Council or by any such members or member as aforesaid fails to attend an inquiry held under this section or being in attendance thereat as a witness refuses to take an oath or to give evidence or to produce a document in his power or control when required under this section so to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) The person whose conduct is the subject of an inquiry held under this section shall be entitled to be heard and adduce evidence and, if he so desires, to be represented by solicitor and counsel at such inquiry.
The medical register.
31.—(1) The Council shall in every year cause to be printed, published, and sold under the title “The Medical Register of Saorstát Eireann” (in this Act referred to as the medical register) a correct list, in such form as shall be prescribed by the Council with the approval of the Minister, of the names of all persons whose names are entered in the register on the 1st day of January of such year.
(2) The Council may if it so thinks proper with the consent of the Minister refrain from publishing the medical register in the year in which the register is established, but if the Council does publish the medical register in such year such medical register shall be a list of the names of all persons whose names are entered in the register on the day after the establishment of the register.
(3) The Council may with the approval of the Minister arrange in any medical register the names of foreign practitioners in a separate list and may also with the like approval sub-divide such separate list into separate sub-lists containing respectively the names of persons trained and registered in British possessions, the self-governing dominions, and foreign countries.
(4) The list and every separate list and sub-list of names of persons to be contained in the medical register under this section shall be arranged in such list, separate list, or sub-list in alphabetical order of surnames and, in the case of persons having the same surname, in alphabetical order of Christian names, and shall contain after or opposite the name of every such person his address and qualifications as stated in the register on the appropriate 1st day of January or, in the case of the medical register published in the year in which the register is established, on the day after the establishment of the register.
(5) A copy purporting to be a copy printed and published by or for the Council under this section of the medical register which is for the time being the latest medical register so printed and published shall be evidence in any court until the contrary is proved that every person whose name is entered in such medical register is registered in the register under and in accordance with this Act and that any person whose name is not entered in such medical register is not so registered.
(6) A certificate purporting to be signed by the registrar and to certify that on a specified day or days or during the whole of a specified period a particular person was duly registered in the register or that on a specified day or days or during the whole of a specified period a particular person was not registered in the register or that on a specified day the name of a particular person was erased from the register shall without proof of the signature of the person purporting to sign such certificate or that he was the registrar and notwithstanding any discrepancy between such certificate and the medical register be conclusive evidence of the matters certified in and by such certificate.
Adaptation of references to qualified medical practitioners.
32.—On and after the establishment of the register, the expressions “legally qualified medical practitioner,” “duly qualified medical practitioner,” “qualified medical practitioner” and every other expression importing a person recognised by law as a medical practitioner or member of the medical profession shall, when used in an Act of the United Kingdom Parliament or an Act (whether passed before or after this Act or before or after the establishment of the register) of the Oireachtas shall be construed and have effect as meaning a person registered in the register.
Persons entitled to sign medical certificates.
33.—Every certificate which is for any purpose required by or under any Act for the time being in force (whether passed before or after this Act) to be signed by any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall on and after the establishment of the register be signed by a person who is registered in the register and no such certificate signed on or after the establishment of the register by a person who is not so registered shall be of any validity or effect.
Prohibition of recovery of fees for medical services by unregistered persons.
34.—On and after the establishment of the register no person shall be entitled to recover in any legal proceedings any fee or charge for or on account of any medical or surgical advice or attendance given by him, or any surgical operation performed by him, or any medicines both prescribed and supplied by him unless such person was registered in the register at the date on which such advice or attendance was given or such operation was performed or such medicines were prescribed and supplied (as the case may be).
Qualifications for medical appointments.
35.—(1) Every appointment which immediately before the establishment of the register was by or under any enactment for the time being in force confined to persons registered in the General Register shall on and after the establishment of the register become and be confined to persons who are registered in the register in lieu and stead of persons registered in the General Register and every such enactment shall be construed and have effect accordingly.
(2) From and after the establishment of the register no person other than a person registered in the register shall hold any appointment as a physician, surgeon, or other medical officer in the Defence Forces or in emigrant or other vessels or in any hospital, infirmary, dispensary or lying-in hospital not supported wholly by voluntary contributions, in any lunatic asylum or mental hospital, or in any jail, prison, reformatory or industrial school or any institution maintained by or under a local authority wholly or partly out of the rates.
Privileges, etc., of persons registered in the register.
36.—Every privilege and advantage and every exemption which by or under any enactment applied or vested immediately before the establishment of the register to or in persons registered in the General Register shall, on and after the establishment of the register, apply to and vest in persons who are registered in the register and every such enactment shall be construed and have effect accordingly.
Offences and penalties in relation to the register.
37.—(1) Every person who for the purpose of being registered under this Act in the register makes or procures or causes to be made or procured or aids or abets the making or procuring of any representation or declaration which to the knowledge of such person is false or fraudulent shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment with or without hard labour for any term not exceeding twelve months.
(2) Every person who wilfully and fraudulently makes or causes to be made or aids or abets the making of any entry in the register which to the knowledge of such person is false or misleading in any material particular shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment with or without hard labour for any term not exceeding twelve months.
(3) Every person who, after the establishment of the register, wilfully and falsely represents himself to be or holds himself out as being a person who is registered in the register or uses any name, title, addition, or description implying that he is so registered shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
Qualifying examinations.
38.—Qualifying examinations may be held for the purposes of this Act by—
(a) any of the colleges or bodies mentioned in the Second Schedule to this Act which is entitled to grant qualifying diplomas in respect of both medicine and surgery, or
(b) any two or more of the said colleges or bodies acting in co-operation of which one is entitled to grant a qualifying diploma in respect of medicine and of which one is entitled to grant a qualifying diploma in respect of surgery.
Qualifying examinations held by a college or body with assistant examiners.
39.—(1) If at any time any of the colleges or bodies mentioned in the Second Schedule to this Act makes a representation to the Council to the effect that such college or body is unable to co-operate with any other of the said colleges or bodies in holding and conducting the examinations required for a qualifying diploma, and the Council is satisfied that the college or body making such representation has used its best endeavours so to co-operate and is unable so to do on reasonable terms, the Council may, from time to time, as the Council thinks fit, upon the application of such college or body, appoint such number of examiners (in this section referred to as assistant examiners) as the Council considers necessary to assist at the examinations held by such college or body for the purpose of granting any diploma conferring on the person to whom such diploma is granted, after passing a qualifying examination, the right to be registered in the register.
(2) It shall be the duty of assistant examiners appointed under this section to secure at the examinations held by any of the colleges or bodies aforesaid at which such assistant examiners assist the maintenance of the standard of theoretical and practical knowledge in medicine, surgery and midwifery or in any of those subjects or any branch thereof required under the provisions of this Act at qualifying examinations and for that purpose such assistant examiners shall have and may exercise such powers and shall perform such duties in relation to the examinations at which they assist as the Council may from time to time confer and impose on them.
(3) It shall be lawful for any of the colleges or bodies mentioned in the Second Schedule to this Act to admit to any examinations held by such college or body assistant examiners appointed by the Council under this section to assist at such examinations.
(4) Every examination held by any such college or body at which assistant examiners appointed under this section assist under this section shall be deemed to be a qualifying examination for the purposes of this Act.
(5) There shall be paid to every assistant examiner by the college or body at whose examinations such assistant examiner assists under this section such remuneration as the Council shall determine.
Duty of Council as to qualifying examinations.
40.—(1) It shall be the duty of the Council to satisfy itself from time to time that the standard of theoretical and practical knowledge required at qualifying examinations shall be such as to guarantee the possession by persons to whom qualifying diplomas are granted as a result of such examinations of the knowledge and skill requisite for the efficient practice of medicine, surgery, and midwifery.
(2) For the purpose of the performance of the duty imposed on the Council by the foregoing sub-section the Council may with the approval of the Minister appoint such and so many fit and proper persons as the Council thinks necessary to be inspectors of examinations and may pay to such persons such remuneration as the Council with the sanction of the Minister for Finance shall determine.
Duties of inspectors of examinations.
41.—(1) It shall be the duty of every inspector of examinations appointed under this Act to attend at every qualifying examination at which he is directed by the Council to attend but such inspector of examinations shall not interfere with the conduct of any qualifying examination at which he attends in the performance of his duty under this section.
(2) Every inspector of examinations shall make to the Council in the form and manner and within the time prescribed by the Council by regulations made under this Act a report on—
(a) the sufficiency or insufficiency in his opinion of the standard of knowledge required at such examination, and
(b) any other matter relating to such examination on which such inspector is required by the Council to make a report to it.
(3) The Council shall send by registered post a copy of every report made to it under this section by an inspector of examinations to the body by which the qualifying examination to which such report relates was held and shall receive such observations on such report as such body may send to the Council, and the Council shall also send a copy of every such report and of such observations (if any) thereon to the Minister.
Representation by Council as to standard of knowledge at qualifying examinations.
42.—(1) If at any time it appears to the Council either as a result of a report made to it by an inspector of examinations or otherwise that the standard of theoretical or practical knowledge in medicine, surgery or midwifery or in any of those subjects or any branch thereof required at any qualifying examination is not such as to guarantee the possession by persons to whom a qualifying diploma is or may be given as a result of such examination of the knowledge and skill requisite for the efficient practice of medicine, surgery, and midwifery, the Council may make a representation in writing under its seal to that effect to the Executive Council and shall send by registered post such representation to the Minister.
(2) The Council shall send by registered post a copy of every such representation to the body or all the bodies by which the qualifying examination to which such representation relates is held, and such body or any of such bodies may make such observations thereon as it may think fit and may forward such observations to the Minister.
(3) The Minister shall lay before the Executive Council every representation sent to him by the Council under this section together with the observations (if any) made thereon by the body or any of the bodies by which the qualifying examination to which such representation relates is held.
(4) The Executive Council shall consider every representation and the observations (if any) thereon laid before them under this section and, if satisfied after such consideration that the standard of knowledge required at the qualifying examination to which such representation relates is not such as to guarantee the possession by persons to whom a qualifying diploma is or may be granted as a result of such examination of the knowledge requisite for the efficient practice of medicine, surgery, and midwifery, the Executive Council may by order declare that such examination shall cease to be a qualifying examination.
(5) Upon an order being made under this section by the Executive Council the examination to which such order relates shall forthwith cease for so long as such order remains in force to be a qualifying examination.
(6) The member of the Council nominated under this Act by a body to whom an order made under this section by the Executive Council relates shall while such order remains in force cease to be a member of the Council and such body shall not while such order remains in force nominate any person to be a member of the Council.
(7) The Executive Council may at any time, if it thinks fit so to do, by order revoke an order made under this section and upon such order of revocation being made the order so revoked shall as from the date of such order of revocation cease to be in force but no such order of revocation shall be made save either on the application of the Council and after reasonable notice to the body or all the bodies to which the order proposed to be revoked relates and consideration of the observations (if any) made by such body or bodies or on the application of such body or bodies and after reasonable notice to the Council and consideration of the observations (if any) made by the Council.
Representation by Council as to course of study and examinations.
43.—(1) If at any time it appears to the Council that the course of study and examinations to be gone through to obtain a qualifying diploma from any of the bodies or colleges mentioned in the Second Schedule to this Act are not such as to guarantee the possession by persons obtaining such qualifying diploma of the skill and knowledge requisite for the efficient practice of their profession, the Council may make a representation in writing under its seal to that effect to the Executive Council and shall send by registered post such representation to the Minister.
(2) The Council shall send by registered post a copy of every such representation as aforesaid to the college or body by which the course of study or examinations to which such representation relates is held, and such college or body may make such observations thereon as such college or body may think fit and may forward such observations to the Minister.
(3) The Minister shall lay before the Executive Council every representation sent to him by the Council under this section together with the observations (if any) made thereon by the college or body by which the course of study and the examinations to which such representation relates are required to be gone through.
(4) The Executive Council shall consider every representation and the observations (if any) made thereon laid before them under this section and, if satisfied after such consideration that the course of study and examinations to which such representation relates are not such as to guarantee the possession by persons obtaining a qualifying diploma of the college or body by which such course of study and examinations are required to be gone through the skill and knowledge requisite for the efficient practice of their profession, the Executive Council may by order declare that any qualifying diploma granted on or after the date specified in that behalf in such order to any person by such college or body shall not confer on such person the right to be registered in the register.
(5) Upon any such order as aforesaid being made by the Executive Council a qualifying diploma granted by the college or body to which such order relates to any person on or after the date specified in that behalf in such order and if such order is revoked under this section before such revocation shall not confer on such person the right to be registered in the register.
(6) The Executive Council may at any time revoke an order made under this section if satisfied upon further representation made to it by the Council or otherwise that the college or body to which such order relates has made effectual provision to the satisfaction of the Council for the improvement of the course of study or examinations or the conduct of the examinations to which such order relates, and upon such order of revocation being made the order so revoked shall as from the date of such order of revocation cease to be in force.
Adaptation of section 5 of the Midwives (Ireland) Act, 1918.
44.—On and after the establishment of the register the reference in section 5 of the Midwives (Ireland) Act, 1918 to the General Medical Council shall be construed as a reference to the Council and the said section 5 shall have effect accordingly.
Short title.
45.—This Act may be cited as the Medical Practitioners Act, 1927.
FIRST SCHEDULE.
Agreement between Great Britain, the Irish Free State and Northern Ireland, as to the registration and control of medical practitioners.
1.—In this Agreement,
the expression “the Medical Acts” means the Medical Act, 1858, and the Medical Act, 1886, and any Acts amending the same,
the expression “the Irish Free State Medical Council” means any Council which may hereafter be established by Act of the Oireachtas of the Irish Free State for the purpose of registering and controlling medical practitioners in the Irish Free State,
the expression “the Irish Free State Medical Register” means any register of medical practitioners which the Irish Free State Medical Council may by any such Act of the Oireachtas be required to keep,
the expression “the General Medical Council” means the Council established under the Medical Acts,
the expression “the General Register” means the Register established under the Medical Acts.
the word “formerly” shall be construed as referring to times previous to the establishment of the Irish Free State and of Northern Ireland.
2.—(1) The nomination of a member of the General Medical Council formerly made for Ireland by His Majesty with the advice of the Privy Council shall henceforth be made by His Majesty in Council on the recommendation of the Governor of Northern Ireland.
(2) The nominations of members of the General Medical Council by Universities and Medical Corporations in Ireland and the election of a member of the General Medical Council by registered medical practitioners in Ireland shall henceforth be made and had in the like manner in all respects as the same were formerly made and had.
3.—Subject to the provisions of this agreement and notwithstanding anything contained in the Government of Ireland Act, 1920, the Irish Free State Constitution Act, 1922, or the Irish Free State (Consequential Provisions) Act, 1922, or the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922, passed by the Provisional Parliament of Ireland, or the Adaptation of Enactments Act, 1922, passed by the Oireachtas of the Irish Free State or any Order made under any of those Acts the constitution of the General Medical Council and of the several Branch Councils as formerly existing under the Medical Acts and the powers of holding qualifying examinations and granting diplomas for the purpose of registration in the General Register formerly vested in certain Universities and Medical Corporations in Ireland shall be deemed not to have been affected by the establishment of the Irish Free State or of Northern Ireland, and for the purpose of the preparation and keeping of the General Register the General Medical Council and the Branch Council for Ireland and their respective officers shall have and may exercise in relation to persons, universities, medical corporations, and matters in the Irish Free State or in Northern Ireland all such powers, jurisdictions, and authorities under the Medical Acts as the said Councils respectively and their respective officers formerly had and might exercise under the Medical Acts for that purpose in relation to persons, universities, medical corporations, and matters respectively in Ireland.
4.—Any person who is or shall be registered in the General Register shall be entitled, on payment of such fee as may from time to time be prescribed in that behalf by or in pursuance of any Act of the Oireachtas of the Irish Free State, to be registered in the Irish Free State Medical Register:
Provided that—
(a) the fee payable by such persons in respect of such registration shall at no time exceed the fee payable in respect of registration in the Irish Free State Medical Register by any other person who may be or become entitled to be registered therein, and
(b) no fee shall be payable in respect of such registration by any person who, on the date of the coming into force of the Act of the Oireachtas of the Irish Free State establishing the Irish Free State Medical Register, is registered in the General Register and applies for registration in the Irish Free State Medical Register within such time and in such manner as may be prescribed in that behalf by the said or any other Act of the said Oireachtas, and
(c) no person whose name has been erased from the Irish Free State Medical Register on account of his having been convicted of a felony, misdemeanour, crime or offence or his having been judged by the Irish Free State Medical Council to have been guilty of infamous conduct in a professional respect shall be entitled to be subsequently registered in the said Register solely by reason of his being registered in the General Register, and
(d) a person not previously registered in the Irish Free State Medical Register shall not be entitled to be registered therein if his name has been erased from the General Register on account of his having been convicted of a felony, misdemeanour, crime, or offence or his having been judged by the General Medical Council to have been guilty of infamous conduct in a professional respect.
5.—The Medical Acts shall be amended so as to provide that, in the event of a new university being at any time hereafter created in the Irish Free State by Act of the Oireachtas of the Irish Free State with power to hold qualifying examinations in medicine, surgery, and midwifery for the purpose of granting medical diplomas conferring the right of registration in the Irish Free State Medical Register, such qualifying examinations may be qualifying examinations within the meaning of the Medical Act, 1886, and any such diploma so granted by such new university shall, upon such examinations becoming qualifying examinations as aforesaid, be regarded as conferring on the possessor thereof the right of registration in the General Register as fully as if such new university had been such a university as is mentioned in sub-section (i) of section 3 of the Medical Act, 1886, and the provisions of Part I of that Act relating to qualifying examinations and to medical diplomas shall be read and have effect accordingly.
6.—(1) With a view to preventing the holding of simultaneous inquiries—
(a) the General Medical Council shall report to the Irish Free State Medical Council every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an inquiry into the conduct in Great Britain or in Northern Ireland of any person registered in the Irish Free State Medical Register, and the Irish Free State Medical Council shall report to the General Medical Council every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an inquiry into the conduct in the Irish Free State of any person registered in the General Register:
(b) the General Medical Council, upon receipt by them of any such report as aforesaid from the Irish Free State Medical Council, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the Irish Free State Medical Council is completed:
(c) the Irish Free State Medical Council, upon receipt by them of any such report as aforesaid from the General Medical Council, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the General Medical Council is completed.
(2) The General Medical Council shall report to the Irish Free State Medical Council every case in which disciplinary action resulting in erasure from the General Register is taken by them against a person registered in the Irish Free State Medical Register, and the Irish Free State Medical Council shall report to the General Medical Council every case in which disciplinary action resulting in erasure from the Irish Free State Medical Register is taken by them against a person registered in the General Register.
7.—His Majesty's Governments in Great Britain and the Irish Free State respectively shall as soon as possible introduce into their respective Parliaments such legislation as may be necessary to give statutory effect to this Agreement, and this Agreement shall not take effect until such legislation in both such Parliaments shall have been passed into law.
Signed on behalf of Great Britain. | Signed on behalf of the Irish Free State. | Signed on behalf of Northern Ireland. |
Balfour. | P. McGilligan. | R. Dawson Bates. |
SECOND SCHEDULE.
Qualifying Diplomas.
Licentiate of the Royal College of Physicians of Ireland.
Licentiate of the Royal College of Surgeons in Ireland.
Licentiate of the Apothecaries' Hall, Dublin.
Doctor in Medicine of the University of Dublin.
Bachelor in Medicine and Bachelor in Surgery of the University of Dublin.
Licentiate in Medicine and Licentiate in Surgery of the University of Dublin.
Doctor of Medicine of the National University of Ireland.
Bachelor of Medicine and Bachelor of Surgery of the National University of Ireland.
THIRD SCHEDULE.
Rules for the Election of Direct Representatives and of Persons to Fill Casual Vacancies.
1. Every candidate shall be nominated in writing and every such nomination shall be signed by not less than twelve registered medical practitioners resident in Saorstát Eireann.
2. Every person entitled to vote at an election of direct representatives shall be entitled to vote for two candidates and no more and every person entitled to vote at an election to fill a casual vacancy shall be entitled to vote for one candidate only.
3. The returning officer shall send a voting paper by post to every person entitled to vote at the election but the failure to send a voting paper to any such person shall not invalidate the election.
4. Any person entitled to vote at the election to whom a voting paper is not sent by the returning officer shall be entitled to obtain a voting paper on application therefor to the returning officer.
5. Persons entitled to vote at the election shall send by post or otherwise or deliver their voting papers to the returning officer at the address given by him for the purpose.
6. On the day and at the time and place appointed for the purpose by the returning officer the votes cast by voting papers received by the returning officer before that day shall be counted in the presence of the returning officer by such persons as he shall appoint.
7. Votes cast by voting papers received by the returning officer on or after the day appointed by him for the counting of the votes shall not be counted.
8. The method of sending, receiving, and counting voting papers shall be such as to secure the secrecy of the voting.
9. Every candidate shall be entitled to be present at the counting of the votes, but no other person shall be present without the consent of the returning officer.
10. When the counting of the votes is completed the returning officer shall send the name or names of the person or persons elected and such other particulars relating to the election as may be required under this Act in writing signed by him to the Minister or the Council as the case may require.