Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
ERASURE AND RESTORATION OF NAME.—A practitioner is liable to have his
name erased from the register where he has been convicted before or
after registration of an offence which, if committed in Canada, would
be a felony or misdemeanor, or where he has been guilty of any infamous
or disgraceful conduct in a professional respect (_ib._, s. 34 [1]).
The council may, and on the application of any four registered medical
practitioners must, cause inquiry to be made into the case of a person
alleged to be liable to have his name erased under this section, and on
proof of such conviction or conduct shall cause his name to be erased
from the register. The name of a person shall not be erased on account
of his adopting or refraining from the practice of any particular
theory of medicine or surgery; nor on account of a conviction for a
political offence out of Her Majesty’s dominions, nor of conviction
for an offence which ought not either from its trivial nature or its
circumstances to disqualify a person from practising medicine or
surgery (_ib._, s. 34 [2]).
The council may order to be paid out of any funds at their disposal
such costs as they may deem just to any person against whom any
complaint has been made, which, when finally determined, is found to
have been frivolous and vexatious (_ib._, s. 34 [3]).
When the council direct the erasure of any name or entry, it shall
not be again entered except by direction of the council or any of the
divisions of the high court of justice (_ib._, s. 35 [1], as amended
Act 1891, c. 26, s. 3).
If the council think fit, they may direct the registrar to restore
any name or entry erased, without fee, or on payment of such fee not
exceeding the regular fee as the council may fix (_ib._, s. 35 [2]).
The council is required to ascertain facts, in the exercise of its
powers of erasing and restoring, by a committee of their own body of
not more than five, and a written report of the committee may be acted
on by the council (_ib._, s. 36 [1], as amended Act 1891, c. 26, s. 4).
At least two weeks’ notice of the first meeting of the committee for
ascertaining the facts of any case must be served on a person whose
conduct is subject to inquiry, and such notice must embody a copy of
the charges or a statement of the subject-matter of the inquiry, and
specify the time and place of meeting. The testimony is under oath, and
subject to cross-examination and the full right to call evidence in
defence and reply. In the event of the non-attendance of such person
the committee, on the proof of personal service of the notice, may
proceed with the inquiry in his absence and without further notice
(_ib._, s. 36 [5]).
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