Restrictions on the Sale of Poisons.-Any persons who shall sell or keep an open shop for the retailing, dispensing or compounding poisons not being registered under this Act, or shall fail to conform with any regulation as to the keeping or selling of poisons, shall, for every such offence, be liable to a penalty not exceeding five pounds. Poisons Defined. The articles which are to be deemed poisons are divided into two classes :-Part I.-Arsenic and its preparations, including the compound sold for the destruction of vermin, known as 66 Rough on Rats." Prussic acid. Cyanide of Potassium, and all metallic cyanides. Strychnine, and all poisonous vegetable alkaloids and their salts. Aconite and its preparations. Emetic tartar. Corrosive sublimate. Cantharides. Savin and its oil. Ergot and its preparations. Laudanum. Opium. Digitalis. Part II.-Oxalic acid. Chloroform. Belladonna and its preparations. Essential oil of almonds, unless deprived of its prussic acid. All preparations of opium or of poppies. Preparations of corrosive sublimate. Preparations of morphine. Red oxide of mercury, commonly known as red precipitate of mercury. Ammoniated mercury, commonly known as white precipitate of mercury. Every compound containing any of the poisons mentioned in this Schedule, when prepared or sold for the destruction of vermin. The tincture and all vesicating liquid preparations of cantharides. Carbolic acid. Nitric acid. Sulphuric acid. Chloral. Chlorodyne. Regulations for the Sale of Poisons.—It is unlawful to sell any poison unless the box, bottle, vessel, wrapper, or cover in which such poison is contained be distinctly labelled with the name of the article, and the word "Poison" in white letters on a red ground (such letters to be in block type of not less than a quarter of an inch in length and one-eighth of an inch in breadth), and with the name and address of the seller of the poison. It is also unlawful to sell any poison of those which are specified in the First Part to any person unknown to the seller, unless introduced by some person known to the seller, and on every sale of any such article the seller shall, before delivery, make or cause to be made an entry in a book to be kept for that purpose, stating the date of the sale, the name and address of the purchaser, the name and quantity of the article sold, and the purpose for which it is stated by the purchaser to be required, to which entry the signature of the purchaser and of the person, if any, who introduced him, shall be affixed. These provisions, however, do not apply to any medicine supplied by a legally qualified Medical Practitioner to his patient, nor to any article when forming part of the ingredients of any medicine dispensed by a person registered under this Act, provided such medicine be labelled with the word "Poison," with the name and address of the seller and the ingredients thereof be entered with the name of the person to whom it is sold or delivered, in a book to be kept by the seller for that purpose, nor to the sale of arsenic by wholesale dealers in quantities not less than one hundredweight. Sale of Strychnine and Arsenic.-No person shall sell any strychnine or arsenic, unless such person shall, previous to making the entry required by this Act, obtain from the intending purchaser of such strychnine or arsenic a statutory declaration setting forth the particulars hereinafter mentioned. Immediately upon completion of the purchase the seller of such poison shall forward such statutory declaration to the Registrar of the district: Provided that this regulation shall not apply to the sale of arsenic wholesale for use in the cure of diseases in sheep. Every such declaration shall state precisely (1) the Christian name and surname of the intending purchaser at full length, together with his or her occupation and address; (2) the exact quantity and name of the poison required; and (3) the express purpose for which such poison is alone intended to be used, and the places or localities where the same is to be used or deposited respectively. QUEENSLAND. MEDICAL ACT (1867). Medical Board.-The Governor in Council may appoint a committee consisting of not less than three persons, being legally qualified members of the medical profession, one of whom shall be nominated president, together with a secretary, under the style and description of "Queensland Medical Board," three members to form a quorum, and any person desirous of being declared a legally qualified Medical Practitioner shall submit his degree, diploma, or other certificate or proof of his being so duly qualified, for the examination and approval of the said Medical Board, and on approval shall obtain from the said Medical Board a certificate of his being so qualified. The Medical Board shall also be the board for registering chemists and druggists under this Act. Legally Qualified Medical Practitioners Defined.-Any person who shall prove to the satisfaction of the Medical Board that he has passed through a regular course of medical study of not less than three years duration, in a school or schools of medicine, and that he has received after due examination from some university, college, or other body duly recognised for that purpose, in the country to which such university, college, or other body may belong, a diploma, degree, or license, entitling him to practice medicine in that country or who is or has been a medical officer duly appointed and confirmed of Her Majesty's sea or land service, shall be deemed to be a legally qualified Medical Practitioner, and shall be entitled to registration, and to a certificate as such from the said Board. A person entitled to practice medicine shall mean any physician, doctor of medicine, bachelor of medicine, licentiate in medicine and surgery, surgeon, general practitioner or apothecary, who has obtained a diploma, degree, or license in the manner and of the character therein described. Persons Registered under the Imperial Act.-Nothing herein contained shall prevent or restrain any person registered under the Imperial Act, "To regulate the Qualification of Practitioners in Medicine and Surgery" from practising according to his qualifications in medicine or surgery, in any part of the colony, or from demanding and recovering in any court of law, with full costs of suit, reasonable charges for professional aid, advice, and visits, and the costs of any medicines or other medical or surgical appliances, rendered or supplied by him to his patients, or be construed to affect the privileges of any persons so registered, provided that gentlemen registered under the said Imperial Medical Act, who wish to practice in this colony, shall present to the Medical Board a certificate of such registry, or send to said board such certificate authenticated by a declaration made before some magistrate for the colony, in whose petty sessions district such practitioner may reside, which declaration shall state that said declarant is duly qualified and is the person mentioned in the certificate thereto annexed, and any person making a false declaration shall be deemed guilty of perjury. Chemists and Druggists.-No Chemist and Druggist shall obtain a certificate from the Medical Board of this colony, except upon the production of testimonials satisfactory to such board, and stating that he has been engaged for a period of not less than three years in learning pharmacy and chemical affinities, and that he is qualified to compound and dispense medicine, provided that this Act shall not prevent any person from selling uncompounded drugs or patent medicines. Registered Persons may Sue.-Every person registered under this Act shall be entitled according to his qualifications to practice medicine or surgery, or to compound and dispense medicine in any part of this colony, and to demand and recover in any court of law, with full costs of suit, reasonable charges for professional advice, aid, and visits, and the costs of any medicine, or other medical or surgical appliances supplied by him to his patients or customers. But no person shall be entitled to recover any charge in any court of law for any medical or surgical advice, attendance, or the performance of any operation, or for medicines compounded and sold, unless he shall prove that he is registered under this Act, and any person being so registered as aforesaid who shall practice, or act under any qualification other than that for which he has been registered, shall not be entitled to recover any charge made by him in respect thereof, and no person registered as a chemist and druggist only shall recover any charge as a Medical Practitioner. Medical Certificates.-No certificate required by any Act from any Medical Practitioner shall be valid unless the person signing the same be registered. Penalties. This provision is the same as contained in the "Medical Practioners' Registration Act," passed in N. S. Wales in 1855, (see page 5). Fraudulent Registration.-If any person shall wilfully procure or attempt to procure himself to be registered under this Act by any false or fraudulent representation, or declaration, either verbally or in writing, every person so offending, and every person aiding and assisting him therein, shall be guilty of a misdemeanour, and on conviction be sentenced to be imprisoned for any term not exceeding twelve months. Unregistered Practitioners.-Any person who shall wilfully and falsely pretend that he has been and is duly registered under the provisions of this Act as a Medical Practitioner, or who shall represent himself to be a Medical Practitioner, or use any title or term which may be construed to mean that he is qualified to perform the duties, and at the same time practice, or compound and dispense medicine without being registered, or whom being registered as aforesaid shall practice, profess to practice, or act in any manner contrary to his registered qualifications, shall pay for every such offence a sum not exceeding twenty pounds. MEDICAL WITNESSES. The "Medical Witnesses Act" (1 Vic. No. 3) passed in New South Wales in 1838, is incorporated with the above Act, and therefore in full force in Queensland. (See page 4). THE INSANITY ACT (1884). (48 Vic., No. 8.) DETENTION OF INSANE BY UNLICENSED PERSONS. Examination of Patient in Private Houses. If the occupier or inmate of any private house keeps or detains an insane person therein, although he is a relative of such occupier or inmate, beyond the period of a year after the malady has become apparent and confirmed, and such insane person during any part of such period has required coercion or restraint, such occupier or inmate, or the Medical Practitioner attending such insane person, shall notify such detention to the Minister and shall transmit to the Minister a written certificate signed by a Medical Practitioner setting forth the condition of the person so detained, and the reasons, if any, which render it desirable that such person should remain under private care. The Minister may thereupon, or without such notice, authorise the Inspector or Justice, accompanied by two Medical Practitioners, to visit and make such inquiry respecting the treatment of such person as to the Inspector or Justice and Medical Practitioners seems fit. And if upon such inquiry it appears that such person is insane, and has been so for a space exceeding a year, and that restraint or coercion of any kind has been resorted to, and that the circumstances are such as to render the removal of such person to an asylum necessary or expedient, the Minister may order the removal of such person accordingly. Penalty for non-reporting Lunatic Patients.-Any person who, without notice to the Minister, keeps, harbours or conceals, or aids in keeping, harbouring, or concealing beyond the period aforesaid, an insane person, who has during such period been subjected to coercion or restraint, and any Medical Practitioner attending on him beyond such period who wilfully neglects to disclose the condition of such person to the Minister, shall for every such offence be liable to a penalty not exceeding two hundred pounds, or to imprisonment for any period not exceeding three months. PROCEEDINGS TO RESTRAIN LUNATICS. Medical Certificate. The Justices before whom any person suspected to be insane is brought, shall call to their assistance two Medical Practitioners, who shall, after having been furnished by the Justices with a written statement of all the information previously obtained with respect to the condition of such person,-1. Examine him apart from each other; and 2. Severally sign separate certificates with respect to him according to the following form: I, the undersigned, being a Medical Practitioner, hereby certify that I, on the day of one thousand eight hundred and at (here insert the particulars of the place of examination, as the street, number of the house, or other particulars) separately from any other Medical Practitioner personally examined (insert residence and profession or occupation if any), and that the said is of unsound mind, and a proper person to be taken charge of and detained under care and treatment, and that I have formed this opinion upon the following grounds, viz.: of 1. Facts indicating insanity observed by myself (here state the facts). 2. Other facts (if any) indicating insanity communicated to me by others (here state the information and from whom). Dated this and day of one thousand eight hundred And if upon examination of such person and of the Medical Practitioners, and upon other proof (if any), the Justices are satisfied that he is insane, and that such insane person requires to be taken charge of and detained under care and treatment, the Justices may, by order under their hands, with a statement of particulars attached thereto, direct such person to be removed into some asylum to be named in the order. Patient's Removal may be Deferred.-If either of the Medical Practitioners certifies in writing that such person is not in a fit state to be removed, his removal shall be deferred until the same or some other Medical Practitioner certifies in writing that he is fit to be removed. Payment of Fees to Medical Fractitioners.-The Justices causing any person to be examined by Medical Practitioners may grant a certificate for the payment of such remuneration to such Medical Practitioners. Such expenses, where they cannot be obtained from the estate of the person examined, shall be defrayed out of moneys appropriated by Parliament for that purpose. Patients to be Received into Asylum.-Any person may be received and detained as a patient in an asylum, on the authority of a request under the hand of some person; and every such request shall be-1. Authenticated by the signature of a Justice, or a minister of religion registered to celebrate marriages; 2, accompanied by a statement in writing containing the particulars specified in the fifth schedule to this Act; and 3, supported by two medical certificates as above; each of which certificates shall be signed by a Medical Practitioner who has, not more than fourteen days before the date of admittance, personally and separately examined the person to whom the certificate relates. (Such request may be signed before or after the date of the medical certificates.) Medical Certificates to Specify Facts.-Every Medical Practitioner who signs any certificate for the purposes of this Act, shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is an insane person, and shall distinguish, in such certificate, facts observed by himself from facts communicated to him by others. No person shall be received into an asylum or reception house under any certificate which purports to be founded only upon facts communicated by others. Who not to Sign Certificates, &c.-No Medical Practitioner whose father, brother, son, partner, or assistant, has signed the order or request, or one of the certificates, for the reception of any person as a patient into an asylum, shall sign any certificate for the reception of the same person; and no Medical Practitioner who, or whose father, brother, son, partner, or assistant, is the Medical Superintendent of an asylum, shall sign any order, request, or certificate for the reception of a person into such asylum. No Certificate to be Granted without Examination.-If a Medical Practitioner signs any certificate for the purposes of this Act, without having seen and carefully examined the person to whom it relates, at the time and in the manner specified in such certificate, for the purpose of ascertaining the condition of such person to the best of his knowledge and ability, he shall for every such offence be liable to a penalty not exceeding fifty pounds. If any practitioner wilfully and falsely certifies in writing that a person is insane, knowing him not to be insane, he shall be guilty of a misdemeanour. Medical Certificates may be Amended.-If after the reception of an insane person as a patient into an asylum, it appears to the superintendent that any document, being one of the documents upon the authority of which he was received, is in any respect defective or incorrect, such document may be amended by the person who signed the same at any time within twenty-eight days next after the reception of the patient. Provided that every such amendment shall be approved by the Minister. If any such defective or incorrect document is directed by the Minister to be amended, it may be so amended by the person who signed the same at any time within twentyeight days after the receipt by the superintendent of a direction in writing from the Minister requiring such amendment, and if it is not amended within that time the Minister may order the inspector to visit the patient to whom such document relates, and such inspector may order the patient's discharge. Cases of Emergency.—In cases where it is impracticable to obtain the certificates of two Medical Practitioners, a person may be received into a reception-house upon the certificate of one Medical Practitioner alone, but in every such case one other such certificate, signed after such person was received into the reception-house, shall, before such person shall be received into an asylum, be produced to or lodged with the superintendent of such asylum. Criminal Insane.-If a person indicted for an offence is found to be insane by a jury lawfully empannelled for that purpose, so that he cannot be tried upon such indictment, or if upon the trial of a person so indicted such person is found by the jury to be insane, the Court may thereupon order him to be kept in strict custody. And whenever any person committed to take his trial for an offence is certified by two Medical Practitioners to be insane, the Minister may direct that such person be removed to and detained in an asylum until he is duly certified to be of sound mind; whereupon the Minister may order the removal of the patient to the custody of the governor of the gaol from whence he came, in order to his being tried for such offence. Inspector's Visits.-The Inspector appointed by the Governor in Council, shall visit every asylum and reception-house at least once in every six months, with or without previous notice, and at such hour of the day or night as he thinks fit or the Minister directs. Official Visitors.-The Governor in Council may appoint for every asylum and reception-house, two or more official visitors, one at least of whom shall be a Medical Practitioner and the other or others barristers-at-law, solicitors, or police magistrates, and one of whom shall visit the place to which they are appointed visitors once at least every month, and also at such times as the Minister directs, and with or without any previous notice, and at such hours of the day or night, and for such length of time as they think fit, and shall after every visit transmit to the Minister a statement of the number of patients admitted and discharged since the date of the last visit, and any other information they consider necessary. Official Visitor not to Sign Certificate.-No official visitor shall sign a certificate for the admission of a patient to any asylum, reception-house, or other place for the reception of insane patients, of which he is an official visitor. Discharge of Patients.-The Inspector or an official visitor of any asylum or reception-house may, with the advice in writing of the medical superintendent of the asylum or medical officer of the reception-house, as the case may be, order the discharge of any patient detained therein, whether he has recovered or not. Allowance to Friends for Maintenance of Patients.-In cases where a relative or friend of a patient is willing to take care of him, but is unable owing to indigent circumstances to maintain him, the Minister may, on the recommendation of the Inspector or of an official visitor, grant an allowance for maintenance to the relative or friend of the patient delivered over to his care, and in such case the allowance for maintenance shall be paid once in every three months, upon the certificate of some Medical Practitioner in the following form : I, A.B., a Medical Practitioner, have this day examined (C.D.), residing at and hereby certify that he is still insane, and that he appears to be kindly treated by the persons under whose care he is living. Dated this day of (Signed) one thousand eight hundred and If not properly cared for, Practitioner to Report to Inspector.-If it appears that the patient is not properly cared for by his relative or friend, or that his mental state is such as to render it advisable that he should be no longer entrusted to the care of such relative or friend, the Medical Practitioner shall report the facts to the Inspector, who shall make inquiry into the case, and may thereupon direct that the patient be returned to the asylum from which he was delivered over to his friends without any further certificate or statement. MICELLANEOUS PROVISIONS. Misdemeanours.-Every person who, for the purposes of this Act-(a) Signs or describes himself, in any statement or certificate, as a Medical Practitioner, not being such within the meaning of this Act; or (b) Wilfully makes, or is privy to the making of an untrue entry in any book required by this Act to be kept; or (c) Wilfully makes an untrue statement in any report, or with reference to anything by this Act required to be made or done, shall be guilty of a misdemeanour. THE HEALTH ACT (1884). (48 Vic., No. 17.) Central Board of Health.-The Governor in Council may from time to time appoint any number of fit and proper persons, not more than seven, to be called "The Central Board of Health." The Minister shall be ex officio a member and Chairman of the Board. He shall have a vote, and in case of equality of votes shall have a casting vote. Three members of the Board at the least shall be legally qualified Medical Practitioners. |