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]).
No action can be brought against the council or committee for anything done bona fide under this act notwithstanding want of form in the proceedings. Any person whose name has been ordered erased may appeal from the decision of the council to any division of the high court at any time within six months from the date of the order of erasure, and the judge may make such order as to restoration, confirmation, or further inquiries by the committee or council and as to costs, as to him shall seem right (ib., s. 37, as amended Act 1891, c. 26, s. 5).
The appeal may be by a summons served on the registrar to show cause, and is founded upon a copy of the proceedings before the committee, the evidence taken, the committee’s report, and the order of the council certified by the registrar. The registrar is required to furnish to any person desiring to appeal a certified copy of all proceedings, reports, orders, and papers on which the committee acted, on payment of five cents a folio (ib., s. 38, as amended Act 1891, c. 26, s. 6).
The Act of 1891, c. 26, s. 7, provides for procuring the attendance of witnesses before the committee, and for payment of costs by the person whose name has been directed to be erased.
Rights of Registered Persons.—Every person registered is entitled according to his qualifications to practise medicine, surgery, or midwifery, or any of them, as the case may be, and to demand and recover with full costs reasonable charges for professional aid, advice, and visits and the cost of any medicine or other medical or surgical appliances rendered or supplied by him to his patient (ib., s. 39).
Limitations.—One year after the termination of professional services is established as a period of limitations to an action for negligence or malpractice by reason thereof against duly registered members of said college (ib., s. 40).
Evidence.—The register is required to be printed and published, and a copy thereof purporting to be so printed and published is prima facie evidence that the persons specified are registered; and, subject to the provisions of subsection 2 of this section, the absence of the name of any person from such copy shall be prima facie evidence that such person is not registered (ib., s. 41 [1]).
In case of the name of a person not appearing in such copy, a certified copy, under the hand of the registrar, of the entry of the name on the register is evidence that such person is registered (ib., s. 41 [2]).