Meaning of legally qualified medical practitioner», &c.

37. In any written law, whether passed or made before or after the commencement of this Ordinance, the words « legally qualified medical practitioner » or « duly qualified medical practitioner » or « registered medical practitioner» or any words importing a person recognized by laws a a practitioner in medicine or surgery shall be construed as meaning a medical practitioner registered under this Ordinance.

Right of registered practitioners to practise.

38. Every medical practitioner shall be entitled to practise medicine and surgery in Ceylon, and to demand and recover reasonable charges for medical or surgical aid rendered by such person, and the costs of medicines and surgical appliances supplied by him.

Right to recover charges for medical practice.

39. No person, other than a medical practitioner, shall be entitled to recover any charge in any court of law for any medical or surgical advice, attendance, or for the performance of any operation as a medical practitioner, or for any medicine which he shall have prescribed and supplied.

Medical certificates.

40. No certificate signed after April 1, 1906, and required by any written law to be signed by physician, surgeon, or any other medical or surgical practitioner, shall be valid unless the person signing it is a medical practitioner. Restrictions on practice by unqualified persons.

41. No person, not being a medical practitioner, shall :

(a) Take or use any name, title, or addition implying a qualification to practise medicine or surgery by modern scientific methods, or implying or tending to the belief that he is a medical practitioner registered under this Ordinance, or by any act or omission intentionally cause or permit any person to believe that he is a registered medical practitioner, and to act upon such belief; or

(b) Except as mentioned in the next following two sections, practise for gain, or profess to practise, or publish his name as practising medicine or surgery.

Saving for vederalas.

42. Nothing in this Ordinance shall make it unlawful for a vederala to practise medicine or surgery according to the indigenous or ayurvedic systems or prevent him from recovering

his charges for services rendered or medicine or goods supplied by him in the course of his practice.

Saving for apothecaries and estate dispensers,

43. (1) Nothing in this Ordinance shall make it unlawful for any of the following persons to practise medicine and surgery for gain or prevent him from recovering his charges for services rendered or medicine or goods supplied by him in the course of his practise, viz. :

(a) Any Government apothecary actually employed in the public service as an apothecary and for the time being in charge of a dispensary or hospital;

(b) Any Government apothecary who, having, before April 1, 1906, qualified to enter Government service as an apothecary, has, whether before or after the commencement of this Ordinance, retired from the Government service;

(c) Any estate dispenser appointed by a superintendent to an estate or group of estates with the approval of the Director of Medical and Sanitary Services, but only during the time he is actually so employed, provided that the practice of such estate dispenser shall be limited to the estate or group of estates to which he is so appointed.

(2) Provided that where it is shown to the satisfaction of the Medical Council that an apothecary entitled to practise under subsection (1) (b) has been guilty of inefficiency or negligence in the treatment of a patient or has been guilty of conduct which shows him to be unfit to practise medicine or surgery, the Medical Council may make an order that the apothecary be suspended from the privileges and immunities conferred on him by this section either permanently or during the period speci

fied in the order.

(3) Every order under sub-section (2) shall be published in the Gazette.

Women medical missionaries.

44. The Medical Council, on being satisfied that any lady belonging or attached to any missionary or other body or society possesses the requisite knowledge and skill for the medical treatment of women and children, may grant permission to such person to practise medicine and midwifery as a woman medical missionary as regards the treatment of women and children, but not otherwise. Such permis sion shall not authorize the person to whom it is granted to practise medicine for gain or elsewhere than at the place or places named therein.

CHAPTER VII.

Dentists.

Qualifications of dentists.

45. (1) No person shall be registered as a dentist unless he is of good character and either: (a) Is registered or qualified to be registered under the Dentists Acts;

(b) Holds a diploma of efficiency in dentistry issued by the College Council; or

(c) Holds a diploma, certificate, or degree for the time being recognized by regulation made after considering the advice of the Medical Council as a sufficient guarantee of the possession by the holder of the requisite knowledge and skill for efficient practice as a dentist. (2) The fee for registration of a dentist shall be fifty rupees payable on application to the Registrar.

Naval, military, and air force dentists.

46. All dentists of His Majesty's Navy, Army, or Air Force serving in Ceylon on full pay shall be deemed to be duly registered as dentists.

Removal from register.

47. The name of a dentist may be erased from the register if, whether before or after the commencement of this Ordinance :

(a) His name is erased from the register kept under the Dentists Acts by reason of his conviction for an offence or of his having been guilty of infamous or disgraceful conduct in a professional respect; or

(b) He is deprived of any diploma, degree, or certificate, on the faith of which he was registered as a dentist or by virtue of which he became qualified to be registered under the Dentists Acts; or

(c) He is convicted of an offence which shows him to be unfit to practise as a dentist; or

(d) He is guilty of infamous conduct in any professional respect.

Meaning of legally qualified dentist », &c.

48. In any written law, whether passed or made before or after the commencement of this Ordinance, the words « legally qualified dentist » or « duly qualified dentist »> or << registered dentist » or any words importing a person recognized by law as a dentist shall be construed as meaning a dentist registered under this Ordinance.

Right of registered dentists to practise.

49. Every dentist shall be entitled to practise dentistry and dental surgery in Ceylon, and

to demand and recover reasonable charges for services rendered by him as such dentist, and the costs of medicines and surgical appliances supplied by him.

Right to recover charges for dental practice.

50. No person, other than a dentist, shall be entitled to recover any charge in any court of law for any dental operation (other than the extraction of teeth), service, work, or attendance or for any medicine for dental treatment which he shall have prescribed and supplied. Restrictions on practice by unqualified persons.

51. (1) No person, not being a dentist, shall : (a) Take or use the name or title of dentist or dental surgeon or any other name, words, title or description, either alone or in conjunction with any other word or words, implying or tending to the belief that he is entitled to practise dentistry or dental surgery; or

(b) Practise for gain or profess to practise, or publish his name as practising dentistry or dental surgery; or

(c) Perform for gain any dental operation or service other than the extraction of teeth.

(2) A dentist shall not assume or use the title of doctor unless he is also a medical practitioner. Provided that any dentist who holds a degree entitling him to use the title « Doctor » in the country where the degree was granted, and who used such title in Ceylon on or before January 1, 1916, may continue to use such title.

Saving as to medical practitioners.

52. Nothing in this chapter shall preclude any medical practitioner from rendering to any patient in the course of his practice any dental service, not being a dental operation (other than the extraction of teeth), or from recovering his charges in respect of such service or in respect of any medicine supplied in connection therewith.

Specially licensed dentists. (No 3 of 1915, III. 279).

53. (1) Any person who at the commencement of this Ordinance holds a special licence issued under section 20 of the Dentists Registration Ordinance, No 3 of 1915, shall be entitled to practise dentistry and dental surgery in the same manner as a dentist, and shall (with the necessary modifications) have the same rights and immunities and be subject to the same liabilities and penalties as a dentist. Provided that no such person shall use any other title or designation than that of «< Licensed Dentist ». (2) Any such licence may be revoked by the

Medical Council on any ground for which the name of a dentist can be erased from the regis ter of dentists.

(3) The Registrar shall, as soon as may be after January 1 in each year, cause a list of all persons holding such licences on such January 1 to be published in the Gazette.

CHAPTER VIII

Midwives.

Qualifications of midwives.

54. (1) No person shall be registered as a midwife unless she is a woman of good character and either:

(a) Is certified or qualified to be certified under the Midwives Acts; or

(b) Holds a certificate of efficiency as a midwife issued by the College Council; or

(c) Holds a certificate of efficiency in midwifery issued by the Director of Medical and Sanitary Service; or

(d) Otherwise satisfies the Medical Council that she possesses sufficient knowledge and skill for efficient practice as a midwife.

(2) The fee for registration as a midwife shall be five rupees payable to the Registrar on appli

cation.

Removal from register.

55. The name of a midwife may be erased from the register if :

(a) Her name is removed from the roll of midwives kept under the Midwives Acts for disobedience to any rules and regulations or for other misconduct; or

(b) She is deprived of any diploma, degree, or certificate, on the faith of which she was registered as a midwife; or

(c) She is convicted of an offence which shows her to be unfit to practise as a midwife;

or

(d) She shows such negligence or incapacity as a midwife that she cannot be safely allowed to continue to practise as such.

Use of title « registered midwife ».

56. (1) Every midwife shall be entitled to designate herself as a registered midwife and to practise as a midwife.

(2) No person, not being a midwife, shall take or use the name or title of registered or licensed midwife, or any name, words, title, or description implying or tending to the belief that she is a midwife registered under this Ordinance or by any act or omission intentionally cause or permit any person to believe that she

is a registered midwife and to act upon such belief.

Unlawful practice of midwifery.

57. (1) No woman, not being a midwife or a medical practitioner, shall :

(a) Practise for gain or profess to practise, or publish her name as practising midwifery;

(b) Attend any woman in child-birth for gain otherwise than under the direction of a medical practitioner or in case of emergency; or

(c) Be entitled to recover any charge in any court of law for services rendered by her as a midwife.

(2) This section applies only to an area to which it is applied by regulation.

(3) A regulation under this section shall not come into operation until the date specified in the regulation, such date being not less than three months from the date of publication of the regulation in the Gazette.

Control of midwives by Medical Council.

58. Regulations may be made, at the request of the Medical Council, regulating and restricting the practice of midwifery by midwives, whether registered under this Ordinance or not, and providing for their proper supervision.

CHAPTER IX.

Pharmacists.

Qualifications of pharmacists.

59. (1) No person shall be registered as a pharmacist, unless he is of good character and either:

(a) Is registered or qualified to be registered under the Pharmacy Acts as a pharmaceutical chemist, assistant, or associate, or as a chemist and druggist; or

(b) Serves an apprenticeship for two years in accordance with the provisions contained in the Sixth Schedule and thereafter obtains a certificate of efficiency as a pharmacist issued by the College Council; or

(c) Is a qualified apothecary; or

(d) Has in the years 1924 to 1929, inclusive, been actually engaged and employed for not less than three years in the practical translation and compounding of prescriptions, and after such three years passes a practical test in pharmacy to the satisfaction of the College Council; or

(e) Has during the whole of the three years immediately preceding the commencement of this Ordinance personally carried on or managed in Ceylon the business of a pharmacist and

has during the whole of such three years been an authorized dispenser under the Opium Ordinance, 1910, and passes a practical test in pharmacy to the satisfaction of the College Council.

(2) No application to be registered under sub-section (1) (d) or (e) shall be entertained unless made within two years after the commencement of this Ordinance.

(3) The fee for registration as a pharmacist shall be payable to the Registrar on application for registration, and shall be twenty-five rupees for registration under sub-section (1) (a) or (b) and ten rupees for registration under sub-section (1) (c), (d), or (e). But no fee shall be payable by a qualified apothecary if he is still in in the service of the Government.

(4) No medical practitioner shall be registered as a pharmacist.

(5) If any pharmacist is registered as a medical practitioner, his name shall forthwith be removed from the register of pharmacists.

Removal from register.

60. The name of a pharmacist may be erased from the register if:

(a) His name is erased from the register of pharmaceutical chemists and chemists and druggists kept under the Pharmacy Acts by reason of his conviction for an offence; or

(b) He is deprived of any diploma, degree, or certificate, on the faith of which he was registered as a pharmacist; or

(c) He is convicted of an offence which shows him to be unfit to practise as a pharmacist; or (d) He shows such negligence or incapacity as a pharmacist that he cannot be safely allowed to continue to practise as such.

Unlawful pretence to be a pharmacist.

61. (1) No person, not being a pharmacist. shall assume or use any name, title, addition, or sign implying that he is a pharmacist, or chemist and druggist, or druggist, or dispensing chemist, or is entitled to act as a pharmacist or to dispense drugs or poisons.

(2) No person, not being registered as a pharmaceutical chemist under the Pharmacy Acts and as a pharmacist under this Ordinance, shall use the title of pharmaceutical chemist or pharmaceutist.

But the preceding two sub-sections shall not come into operation until the end of one year from the commencement of this Ordinance.

(3) Provided that a person who employs a pharmacist personally to superintend and manage the sale and dispensing of poisons may,

having previously informed the Registrar in writing of the name of such pharmacist, assume and use, for the purposes of his business, any title, addition, or sign which might lawfully be used by such pharmacist.

Name and qualification of pharmacist to be exhibited in shop.

62. Every pharmacist or person entitled to use the title of pharmacist who keeps open shop for the sale or dispensing of poisons shall exhibit and keep exhibited in a conspicuous position therein a legible notice in English, Sinhalese, and Tamil, stating his name and qualification, and the name and qualification of every pharmacist employed therein.

General penalty.

CHAPTER X. Supplementary

63. Every person who contravenes this Ordinance or any regulation shall be guilty of an offence against this Ordinance and shall, unless otherwise expressly provided, be liable on summary conviction by a police magistrate for each offence to a fine not exceeding two hundred rupees.

Abetment and attempts.

64. Every person who attemps to commit or abets the commission of an offence against this Ordinance shall himself be guilty of the same offence.

Fees.

65. All fees imposed by this Ordinance shall be paid into general revenue, and may from time to time be increased or decreased by regulations.

Variation of schedules.

66. Regulations may be made from time to time altering or adding to any of the schedules. Regulations.

67. All regulations made under this Ordinance shall, as soon as conveniently may be, be laid before the Legislative Council, and may, at any of the next following three meetings, be rescinded by resolution of the Legislative Council, but without prejudice to anything already done thereunder, and if not so rescinded shall be deemed to be valid.

Expenses of Ordinance.

63. The expenses of carrying this Ordinance into effect shall be defrayed from money to be