Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697626726635.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 1 CHAPTER 269 T H E MEDICAL ACT Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

Medical Board 3.

Constitution of the Medical Board.

4.

Appointment of members.

5.

Term of service of members.

6.

Meetings.

7.

Reference of questions by Minister to Board.

Registration 8.

Appointment of Registrar.

9.

Medical Register.

10.

Registration of persons already qualified.

11.

Application for registration.

12.

Appeal to Cabinet.

13.


Additional qualifications.

14.

Alteration in Medical Register.

15.

Removal of name from Medical Register on request.

16.

Removal of name on death.

17.

Erasing from Medical Register name of person convicted of crime or disgraceful conduct.

18.

Provisions relating to inquiries by the Medical Board.

19.

Name may be restored to register.

20.

Publication of copy of Register and evidence of registration.

21.

Penalty for obtaining registration by false representation.
22.

Penalty for Registrar making false entry.

2 C A P .

269) M&al LAWS OF ANTIGUA AND BARBUDA Medical Practitioners 23.

Persons entitled to be registered.

24.

Naval and Military Medical Officers.

25.

Rights of registered practitioners.

26.

Offences by unregistered persons.

27.

Validity of certificates.

Dentists 28.

Definition of the practice of dentistry.

29.

Registration of dentists.

30.

Offences by unregistered persons.

3 1.

Qualifications necessary for registration.

32.


No recovery of fees by unregistered person.

Opticians 33.

No person to practise sight-testing unless registered.

34.

Persons entitled to be registered.

35.

Evidence of practice of sight-testing.

36.

Registered optician entitled to recover charges.

3 7.

Offences.

38.

Exemptions.

Chemists and Drupgists 39.

No person to practise as druggist unless registered.

40.

Qualifications for registration.

41.


Procedure to be followed by applicants for certificates of competency.

42.

Exemption.

PART VII Sale of Drugs and Poisons 43.

Prohibition of sale of drugs by unregistered person.

44.

Sign on shop for sale of drugs.

45.

Refusal to dispense.

Improper or negligent conduct.

46.

Prescriptions to be numbered and filed.

LAWS OF ANTIGUA AND BARBUDA Medical ( C A P .

269 3 47.

Substances to be deemed poisons.

48.


Prohibition of sale of poison to person under sixteen.

49.

Restriction on sale of poison.

50.

Penalty for false information.

51.

Prohibition of sale or delivery of poison by uncertified shop assistant.

52.

Duty of druggist where excessive dose of poison prescribed.

53.

Label on container of patent or proprietary medicine.

54.

Prohibition of sale of unfit drugs.

55.

Inspection of drugs and books.

56.

Regulations.

57.

Penalties.

SCHEDULE A.


SCHEDULE B.

SCHEDULE C. SCHEDULE D. SCHEDULE OF FEES.

MEDICAL (1st March, 1938.)

811954.

S.R.O.

2211956.

S.R.O.

1811964.

4111967.

1511985.

1711989.

1811989.

S.I.

3911989.

1.

This Act may be cited as the Medical Act.

short title.

2.

In this Act- Interpretation.

"Medical Board" means the Medical Board constituted under the provisions of this Act.
"Medical Register" means the Register of medical prac- titioners, dentists, opticians and chemists and drug- gists required to be kept in pursuance of this Act.

4 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA "optician" means a sight-testing optician.

"prescribed fee" means a fee prescribed by the Schedule of fees to this Act.

"Registrar7' means such person as may be appointed by the Governor-General to be Registrar under this Act.

PART I Medical Board Constitution of the Medical Board.

3.
3.

For the purposes of this Act there shall be established a Board to be known as the Medical Board con- sisting of five persons of whom at least three shall be medical practitioners.

Appointment of members.

4.

The Minister shall appoint the members of the Medical Board, and may from time to time remove any member and appoint another in his place, or fill vacancies arising from any cause.

Term of service of members.

5 .


(1) A person appointed to be a member of the Medical Board shall vacate his seat at the expiration of two years from the date of his appointment, but may be re-appointed.

Meetings.

(2) A member who leaves Antigua and Barbuda or fails to attend three consecutive meetings of the Medical Board to which he has been duly summoned, without permission from the Chairman of such Board shall vacate his seat.

6.
6.

(1) The Medical Board shall assemble whenever required by the Minister or convened by its Chairman, who shall be appointed by the Minister.

In the absence of the Chairman the members present shall elect one of their number to be Chairman of the meeting.

(2) Three of the members of such Board shall constitute a quorum.

(3) The Medical Board may act notwithstanding any vacancy on such Board.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.


269 5 ( 4 ) All acts of the Medical Board shall be decided by the votes of the majority of members present, and if the votes are equal the Chairman or member presiding, in addition to his vote as a member, shall have a casting vote.

7.

(1) The Minister may refer to the Medical Board Reference of uestions by any question relating to the public health for its considera- &.

inister to tion or for investigation and report.

Board.
Board.

(2) When the Minister refers any such question to the Medical Board, the members, if not unanimous, shall each give his opinion in writing.

Registration 8.

The Governor-General shall by notice in the Gazette *pp?intment of Registrar.

appoint a fit and proper person to be Registrar under this Act, and it shall be the duty of the Registrar to keep the Medical Register.

9.

The Medical Register shall contain separate lists, Medical Register.
made out alphabetically according to the surnames, of all the names and addresses with descriptions and dates of the qualifications in respect of which they are registered, and the dates of registration of all persons qualified to practise in Antigua and Barbuda as medical practitioners, dentists, opticians, or chemists and druggists.

10.

(1) The Registrar shall forthwith place on the %$r;:~;; Medical Register, without payment of any fee, the names, qualified.
qualifications and addresses of all persons who are entitled to be registered by virtue of sections 31 ( a ) , and 4 0 ( b ) , and every such person shall thereupon be subjected to all the pro- visions of this Act.

(2) Upon entering in the Medical Register the name of any such person who is entitled to be registered as aforesaid, the Registrar shall also issue to him a Certificate of Registration in the form set out in Schedule A.

11.
11.

( I ) Where any person desires to be registered ~;~~~@;~~,",".f~r under this Act he shall make application to the Registrar, and shall submit such evidence as may be required to establish 6 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA that he is eligible to be registered and is a fit and proper person to be so registered.
(2) Such evidence shall include a declaration on oath in proof of the applicant's identity and good moral character, and of the authenticity of any diploma or certificate submit- ted in support of the application.

(3) The Registrar shall forthwith refer such application to the Medical Board and such Board, if satisfied that the applicant is eligible and is a fit and proper person to be so registered, shall direct the Registrar to register him upon payment of the prescribed fee.
(4) The Registrar shall thereupon make the necessary entry in the Medical Register and publish notice thereof in the Gazette, and shall also issue to the person so registered a Certificate of Registration in the form set out in the Schedule A.

12.
12.

(1) If a Medical Board declines to direct the Registrar to register anyone who applies to be registered under this Act, he may appeal, within three months after such refusal shall have been communicated to him, to the Cabinet, and if it be made to appear to the Cabinet that he is entitled to be registered under this Act, the Cabinet may direct that he shall be so registered on payment of the prescribed fee.
(2) Such appeal shall be by way of petition, which shall be lodged with the Registrar, who shall bring the same to the notice of the Secretary to the Cabinet forthwith.

Schedule A.

Appeal to Cabinet.

Additional qualifications.

13.


Any person registered under this Act who may have any higher degree or any qualification other than the qualification in respect of which he may have been registered, shall be entitled to have such higher degree or additional qualification inserted in the Medical Register, in substitu- tion for, or in addition to, the qualification previously registered, on payment of the prescribed fee.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 7 14.
269 7 14.

The Registrar may correct any errors or omis- Alteration in sions in the Medical Register, and insert therein any altera- Med~cal Register.

tion which may come to his knowledge in the name or address of any person registered.

15.

The Registrar shall upon the application of any Ey;LiL;me person so registered under this Act remove the name of such Register on person from the Medical Register.

request.

16.

The Registrar shall on the death of any person Removal of name on death.
registered under this Act remove the name of such deceased person from the Medical Register.

17.

(1) If any person registered under this Act is con- fi-insfi-;s_ victed of felony or misdemeanour before the High Court, or, after due inquiry is adjudged by the Medical Board to :;zyO;d have been guilty of disgraceful conduct in a professional disgraceful capacity the Cabinet may on the recommendation of such conduct.

Board direct the Registrar to erase the name of such person from the Medical Register.
of (2) Where the name of any person registered under this Act is removed or erased from the Medical Register, any Certificate of Registration issued to such person shall be deemed to be cancelled.

18.

(1) For the purposes of any inquiry under subsec- Provisions relating to tion (1) of section 17 the Minister may, at the request of inquiries by the the Medical Board, appoint a judicial assessor and (where Board.
necessary) retain counsel, to assist the Board, and upon any such inquiry the complainant (if any) and the person against whom disgraceful conduct is alleged shall be entitled to be heard and may be represented by counsel.

(2) T h e Cabinet may make rules prescribing the pro- cedure to be followed with respect to the institution and prosecution of inquiries under section 17.

19.
19.

The Cabinet may, if they think fit, in any case Name to be restored to direct any name removed or erased from the Medical Register Register.

to be restored thereon on the payment of such fee, not exceeding the registration fee, as the Cabinet may fix.

8 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA Publication of (1) T h e Registrar, in the month of February in copy of Register and evidence of each year, shall cause to be ~ublished in the Gazette a copy registration.

of the Medical Register.

20.


(2) The Registrar shall also cause to be published in the Gazette a notice of each cancellation of registration.
(3) A copy of the Medical Register for the time being published in the Gazette shall be evidence in all cases (until the contrary be made to appear) that the persons therein specified are registered under this Act, and the absence of the name of any person from such copy or the production of a notice of cancellation of registration published in the Gazette shall be evidence (until the contrary be made to appear) that such person is not registered under this Act: Provided that in the case of a person whose name does not appear in such copy of the Medical Register, a certified copy under the hand of the Registrar of the entry of the name of such person in the Register shall be evidence that such person is registered under this Act.
(4) A Certificate of Registration under the hand of the Registrar shall also be evidence in all cases (until the con- trary be made to appear) that the person to whom such Cer- tificate has been issued is duly registered under this Act.

Penalty for obtaining registration by false representation.

2 1.
2 1.

Any person who shall fraudulently procure or attempt to procure himself or any other person to be registered under this Act or who shall aid or abet in such fraudulent procurement or attempt, shall be guilty of a mis- demeanour and shall on conviction be liable to imprison- ment with o r without hard labour for a term not exceeding two years.

Penalty for Registrar making false entry.

22.


Any Registrar or other person who shall fraudulently make or cause or permit to be made any false or any copy thereof or incorrectentry in the ~ e d i c a i ~ e ~ i s t e r shall be guilty of a misdemeanour and shall on conviction be liable to imprisonment with or without hard labour for a term not exceeding two years.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 9 Medical Practitioners 23.


The following persons shall be entitled to be Persons entitled to be registered.
registered as medical practitioners under this Act, that is to say- ( a ) Any person who shows to the satisfaction of the Medical Board that he is of good moral character and is registered or entitled to be registered as a medical practitioner under the provisions of the Medical Acts of the Parliament of the United Kingdom, or who was so registered but whose registration has been determined by virtue of his being no longer resident in the United Kingdom, and otherwise fulfils the conditions prescribed by this Act.
( 6 ) Any person who is not entitled to be registered under paragraph ( a ) but who holds a medical degree, diploma or qualification granted to him by any university, or by any college, or faculty of physicians or surgeons, after and in consequence of his having sucessfully passed a course of study and examinations prescribed by such university, college or faculty of phys- icians or surgeons, and who shows to the satisfaction of the Medical Board that he is of good moral character and that such degree, diploma and qualification furnishes a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of medicine, surgery and midwifery, and otherwise fulfils the condi- tions prescribed by this Act, shall be entitled to be registered as a Medical practitioner under this Act: Provided that- ( a ) the degree, diploma or qualification is registrable in the country in which it was obtained and the holder is entitled to practise medicine, surgery and midwifery therein; ( 6 ) a person registered by virtue of this subsection shall cease to be registered and his name shall be removed from the Medical Register by the Registrar if the Governor-General revokes such registration and so informs the Registrar.
LAWS OF ANTIGUA AND BARBUDA CAP.

269) Medical Naval and Military Medical Officers.

24.

All medical officers of Her Majesty's Navy, Army or Air Force serving in Antigua and Barbuda on full vav .

, shall be deemed tovbe registered under this Act.

Rights of registered practitioners.

25.


(1) Every person registered as a medical practi- tioner shall be entitled to practise medicine, surgery, and midwifery in any part of Antigua and Barbuda, and to demand and recover in any court of competent jurisdiction his reasonable charges for professional aid, advice and visit, and the cost of any medicine or other medical or surgical appliances, rendered or supplied by him to his patients.
(2) No person shall be entitled to recover any charge in a court for any medical or surgical advice or attendance or for the performance of any operation, or for any medicine which he has both prescribed and supplied, unless he is registered as a medical practitioner under this Act.

Offences by unregistered persons.

26.
Any person who, not being registered as a medical practitioner under this Act, shall- (a) practise medicine or surgery or perform any surgical operation or give any medical opinion or advice, or prescribe any medical or surgical treatment within Antigua and Barbuda, in respect of which he shall demand or receive any fee or gratuity, or any remunera- tion, profit or compensation under pretext of services rendered, loss of time, travelling or other expenses, or under any other pretext whatsoever; or (b) hold himself out or pretend to be or take or use the name or title of physician, surgeon, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine or practitioner in medicine, or take or assume any other step, title, addition, designation or description implying that he is qualified to practise medicine, surgery, or midwifery under this Act, or that he is recognized by law as a physician or surgeon or licentiate in medicine or surgery, or practitioner in medicine, shall be liable on summary conviction to a fine not exceeding three thousand dollars for the first offence, and to a fine not exceeding five thousand dollars for the second or any subse- quent offence.
LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 27.

No certificate required by any Act now in force Validity of certificates.

or that may hereafter be passed, from any physician or other medical practitioner shall be valid unless the person signing the same be registered under this Act.

28.

For the purposes of this Part, the practice of den- F;z;iIF:fOf the Dentists tistry shall be deemed to include the performance of any such dentistry.
operation and the giving of any such treatment, advice, or attendance as is usually performed or given by dentists, and any person who performs any operation or gives any treat- ment, advice or attendance on or to any person as preparatory to, or for the purposes of, or in connection with the fitting, insertion, or fixing of artificial teeth, shall be deemed to have practised dentistry within the meaning of this Act.

29.

No person, unless duly registered as a dentist Regiftration of dentists.
under the provisions of this Act, shall take or use the name or title of dentist (either alone or in combination with any other word or words), or dental practitioner, or any name, title, addition or description, implying that he is registered under this Act, or that he is a person specially qualified to practise dentistry.

30.

Any person, not being registered as a dentist offences by unregistered persons.
under this Act, who shall- (i) take or use any such name, title, addition or description as aforesaid, or any addition to a name, designation or description, whether expressed in words, or by letters or partly in words and partly in letters; or (ii) practise or hold himself out whether directly or by implication, as practising or entitled to practise dentistry, shall be liable on summary conviction to a fine not exceeding three thousand dollars for the first offence and to a fine not exceeding five thousand dollars for the second or any subse- quent offence: Provided that nothing in this section shall operate to prevent- 12 CAP.
269) Medical LAWS OF ANTIGUA AND BARBUDA (a) the practice of dentistry by a registered medical practitioner; or (b) the extraction of teeth by a duly registered chemist and druggist with the avvlication of local anaesthetics other than cocaine, if authorised in writing so to do by the Medical Board; or .

.

U" ( c ) the performance of any minor dental work by anyone under the direct personal supervision of a registered dentist.

Qualifications necessary for 31.


The following persons shall be entitled to be registered as dentists under this Act, that is to say- Cap.

113 (1927 Revision).
(a) Any person who at the commencement of this Act is in actual practise in Antigua and Barbuda and is the holder of a certificate under section 4 of the Medical Consolidation Act; (b) Any person who shews to the satisfaction of the Medical Board that he is of good moral character, and otherwise fulfils the conditions prescribed by this Act, and who- (i) holds any diploma or licence from any univer- sity, college or incorporated society in Great Britain or Ireland having authority to grant the same, and is by law entitled to practise dental surgery or dentistry in Great Britain or Ireland; or (ii) holds a certificate from a British possession or a foreign country recognized for the time be- ing as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practise of dental surgery or dentistry: Provided that the Cabinet, after consultation with the Medical Board, may, by authority in writing, permit the performance of any minor dental work of a kind specified in such authority, in any part of Antigua and Barbuda where no registered dentist is available, by any person whom they consider to be competent to perform such work, subject to such conditions as the Cabinet may think fit.
Any condi- tions imposed on the granting of any such authority shall LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 13 be endorsed thereon, and any person contravening the same shall be guilty of an offence.

32.

No person shall be entitled to recover any fees : z s r ; 7 y or charge in any court for the performance of dental attend- unregistered ance or advice unless he is duly registered as a dentist under person.
this Act or is a registered medical practitioner, or is empowered to charge fees for his services under any authority granted by the Cabinet under the preceding section.

Opticians 33.

No person, unless duly registered as an optician under the provisions of this Act, shall practise sight-testing testing unless in Antigua and Barbuda either for or without reward or carry "gistered.
on business as an optician or take or use the title of optician (either alone or in combination with any other word or words) or name, title, addition or description implying that he is registered under this Act or that he is a person specially qualified to practise sight-testing.

34.

The following persons, upon satisfying the to be registered.
Persons entitled Medical Board by documentary or other evidence that they are of good moral character and of their right to be registered and upon payment of the prescribed fee, shall be entitled to be registered as opticians under this Act namely- (a) Any person qualified or entitled to practise sight-testing in the United Kingdom under any Act for the time being in force or who holds the Sight-Testing Diploma of the Worshipful Company of Spectacle Makers or the British Optical Association, both of London, England.
( b ) Any person who holds a diploma, licence or certificate granted to him by any university, college or institution in a British possession or foreign country recognized by the Medical Board as furnishing a suffi- cient guarantee of the possession of requisite knowledge and skill for the efficient practice of sight-testing: Provided that the Cabinet may, after consultation with the Medical Board, direct the Registrar, to enter in the Medical Register without payment of any fee, the name of 14 C A P .
269) Medical LAWS OF ANTIGUA AND BARBUDA any person who at the commencement of this Act has been resident in Antigua and Barbuda for not less than five years, and also is or has been for not less than five years bonti fide engaged in the practice of sight-testing in Antigua and Barbuda.

Evidence of practice of Sight-testing.

35.


The use of test lenses, spectacles, trial frames, ophthalmoscope, retinoscope or any apparatus that may be used to measure refraction, or visual acuity, or muscular equilibrium, shall be deemed conclusive evidence of the prac- tice of sight-testing.

Registered optician entitled to recover charges.

36.
36.

Every person registered as an optician under this Act shall be entitled to practise sight-testing in Antigua and Barbuda and to demand and recover in any court of compe- tent jurisdiction reasonable charges for prdfessional servcces or optical aid rendered by such person, and the cost of mer- chandise supplied by him, and no person, unless he is so registered, shall be entitled to recover any charge or fee in any court for performing any act or giving any advice as an optician.

Offences.

37.
Any person who- (a) not being registered as an optician under this Act shall use or take the name or title or hold himself out or pretend to be an optometrist, optician or doctor or professor of optometry or any name, title, descrip- tion or addition whether expressed in words or letters or both implying such qualifications or that he is a per- son specially qualified to sight-testing; or (6) whether registered under this Act or not, and not being a registered medical practitioner, assumes the title of oculist or eyesight specialist, or uses or causes to be used in connection with his business, trade, call- ing or profession, any written words, titles, initials, additions or abbreviations which are intended to repre- sent or may reasonably cause any person to believe that he is qualified to practise medical or surgical treatment of the eye; or (c) whether registered under this Act or not, and not being a registered medical practitioner or acting LAWS OF ANTIGUA AND BARBUDA Medical (CAP.
269 15 under the instructions of a registered medical practi- tioner, administers any drug for the purpose of paralys- ing the accommodation of the eye or otherwise for facilitating the measurement of the powers of vision, or treats any disease of the eye by use of drugs; or (d) contravenes the provisions of section 33, shall be guilty of an offence against this Act, and shall on summary conviction be liable to a fine not exceeding three thousand dollars for the first offence, and to a fine not exceeding five thousand dollars for the second or any subse- quent offence.
38.

(1) Nothing in this Part shall extend to prejudice Exemptions.

or in any way affect registered medical practitioners.
(2) Nothing in this Act shall operate so as to prohibit- (a) any registered chemist and druggist from dispensing, selling or supplying any drugs; or ( b ) any wholesale dealer from supplying frames, ophthalmic lenses, or spectacles in the ordinary course of wholesale business; or (c) any person from selling from a permanent place of business, and otherwise than in compliance with a prescription given by a registered medical practitioner, or a registered optician, spectacles kept in stock in a state ready for use.
PART VI Chemists and Druggists 39.

(1) No person, unless duly registered as a chemist and druggist under the provisions of this Act, shall practise druggist unless as a chemist or take or use the title of chemist or druggist registered.

or pharmaceutical chemist or pharmaceutist or pharmacist or dispensing chemist or dispensing druggist or any name, title or sign implying that he is registered under this Act, or that he is a person qualified to practise as a chemist and druggist.
(2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Act and shall 16 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA on summary conviction be liable to a fine not exceeding three thousand dollars for the first offence and to a fine not exceeding five thousand dollars for the second or any subse- quent offence.

Qualifications for registration.

40.


The following persons shall be entitled to be registered as chemists and druggists under this Act, that is to say- Cap.

109 (1927 Revision).

(a) Any person possessing a diploma or certificate entitling him to practise as a pharmaceutical chemist or as a chemist and druggist or as an apothecary in any part of the United Kingdom; ( b ) Any person who at the commencement of this Act is the holder of a licence under the Druggists Act.
(G) Any person possessing a diploma or certificate entitling him to practise as a pharmaceutical chemist and druggist or as an apothecary in any part of the Com- monwealth if the Medical Board shall report to the Registrar under this Act that the documents evidenc- ing the qualifications of any such person and produced by him furnish sufficient guarantee of his knowledge and skill; (6) Any person producing to the Registrar a cer- tificate of competency issued by the Medical Board under the provisions of this Act.
Procedure to be followed by applicants for certificates Of competency.

4 1.
4 1.

( 1 ) Any person desiring to obtain a certificate of competency under this Act may apply in writing for that purpose to the Registrar, submitting with his application, certificates of his- ( a ) moral character and respectability, ( 6 ) having attained the age of 21 years, ( 6 ) general education, (6) having been engaged for at least 3 years in the study of pharmacy, the last of which must have been devoted to dispensing work under a registered medical ~ractitioner or chemist and d r u ~ g i s t .
LAWS OF ANTIGUA AND BARBUDA Medical ( C A P .

269 17 (2) If such certificate shall be found satisfactory, the Registrar shall, upon payment of the prescribed examina- tion fee, request the Medical Board to examine the appli- cant and such examination shall be conducted by the Board who shall examine the applicant as to his fitness to be entrusted with the sale of drugs and poisons, as to his special knowledge of the same, and as to his ability to prepare and make up medicines and prescriptions.
(3) The examination shall be conducted in accordance with the rules to be made by the Medical Board subject to the approval of the Cabinet.

Such rules may provide for the mode of conducting the examination and for the subjects of examination and for the number of qualifying marks in each subject to be gained by any candidate in order to entitle him to a certificate of competency.
(4) After the completion of such examination the Medical Board shall, in case the applicant has passed the examination and has satisfied the Board that he is a fit and proper person to practise as a chemist and druggist, issue to such applicant a certifi'cate of competency in the form set out in Schedule B and forward to the Registrar under this Schedule B.

Act a duplicate of such certificate, and direct the Registrar to register him upon payment of the prescribed fee.

42.
42.

Nothing in this Part shall operate to prevent any Exemption.

registered medical practitioner from compounding, dispen- sing or selling medicines by retail.

PART VII Sale of Drugs and Poisons 43.

(1) No person shall keep open any shop for sell- ~ ' h ~ ~ ~ ~ g p b r ing, retailing, dispensing or compounding, or s h d sell, retail, unregistered dispense or compound medicines, drugs or poisons, unless person.
those medicines, drugs or poisons are sold, retailed, dispensed or compounded, in a shop which is under the immediate personal control, management and supervision of a duly registered chemist and druggist, employed therein for the purpose, who is not acting in a similar capacity for any other person or in any other shop, and unless the medicines, drugs 18 CAP.
269) Medical LAWS OF ANTIGUA AND BARBUDA or poisons aforesaid are sold, retailed, dispensed, or com- pounded, by or under the direct charge and supervision of a registered chemist and druggist: Provided that nothing in this section shall be deemed to restrict the right of any person to sell any patent or pro- prietary medicines in the same package, bottle, box or other container, and under wrapper or cover, as imported into Antigua and Barbuda, properly secured and bearing the seal, name or trade mark of the proprietor, inventor or manufac- turer thereof and directions for their use, and any household or domestic medicines of a non-poisonous nature, and medicines known as quinine, senna, epsom salts, and castor oil: And provided that the sale of any class of patent or pro- prietary medicines by unregistered persons may at any time be prohibited by the Cabinet by Order.
(2) The registered person by or under whose supervi- sion any drugs or poisons are dispensed or compounded shall write, on a label on the bottle or other package containing the drugs or poison, his name or initials; and any label attached to the bottle or package and having the name or initials of any registered person written thereon, shall be pdma facie evidence in any case that the drugs or poison were or was dispensed or compounded by him or under his supervision.
(3) The person by or in whose name any open shop aforesaid is kept, shall see that the provisions of the preceding subsection are complied with in respect of all drugs or poisons sent from his shop.

44.
44.

(1) Any person having or keeping open any shop for the sale of drugs and poisons shall have over the prin- cipal entrance of the shop, painted in legible characters at least one inch each in length, the name of the registered chemist and druggist employed therein, with the addition of the word "Registered Chemist and Druggist".

(2) Any person contravening the provisions of this sec- tion shall be liable on summary conviction to a fine not exceeding five hundred dollars.
Sign on shop for sale of drugs.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 19 45.

(1) If any person who is a registered chemist and druggist at any time- Improper or negligent (a) wilfully refuses to mix, compound or prepare conduct.
or to sell, put to sale or dispense to any person any drug or any appliance or thing whatsoever used in medical treatment and contained in his shop or premises or in the shop or premises of his employer (as the case may be), or ( b ) deliberately or negligently, falsely, fraudulently or unduly makes, mixes, compounds, prepares, or gives or sells, puts to sale or dispenses any drug appliance or thing whatsoever directed by any prescription, order or receipt signed with the name or with the initials in his own handwriting of any duly qualified medical practitioner, he shall be guilty of an offence against this Act.
46. druggist shall- (1) Every person who is a registered chemist and Prescriptions to be numbered and filed.
(a) number each medical prescription which shall be brought to his establishment or to the establishment of his employer (as the case may be) to be made up; (6) file such medical prescription, or, in the event of the person for whom the prescription was given desiring to retain the original prescription and such prescription does not contain any dangerous substances or quantities of any substance which would make it inadvisable for the qualified druggist to part with the same, a true copy thereof; ( 6 ) register in a book the number and date of each medical prescription made up on his establishment, or on the establishment of his employer (as the case may be), the name of the person for whom, and the name of the medical practitioner by whom the same was given, the particulars of every such prescription, and the direc- tions which accompanied the medicine.
(2) Any person who fails to comply with the requirements of this section shall be guilty of an offence against this Act.

20 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA Substances to be deemed poisons.

schedule C .

47.

(1) The several articles named and described in Schedule C shall be deemed to be poisons within the mean- ing of this Act.
(2) The Cabinet may at any time hereafter declare by order, that any other article, not mentioned or included in Schedule C shall be deemed to be a poison within the mean- ing of this Act; and such article shall be accordingly added to such Schedule and classified in such part thereof as the Cabinet may by such order direct.
(3) The Cabinet may by order amend Schedule C by declaring that any articles included in the said Schedule shall thenceforth be excluded therefrom or by altering or modify- ing the description of any article included in the said Schedule.

Prohibition of sale of poison to under sixteen.

48.
48.

No person shall sell any poison to any one under sixteen years of age unless prescribed by a legally qualified medical practitioner, and any person offending against this section shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars.

Restriction on sale of poison.

schedule C .

Schedule D- 49.
(1) No person shall sell any poison either by wholesale or retail unless the box, bottle, vessel, wrapper or cover in which the poison is contained is distinctly marked by a label stating the name of the article and the word "poison" and the name and address of the seller of the poison, and in the case of a preparation containing a poison as one of its ingredients stating in addition thereto the quan- tity of that poison in each dose of the preparation; and no person shall sell any poison named in Part I of Schedule C to any person unknown to the seller unless introduced by someone known to both parties; and on every sale of the article the seller shall, before delivery, enter or cause to be entered in a book to be kept for that purpose in the form set out in Schedule D, the date of sale, name and address of purchaser, name and quantity of the article sold, and the purpose for which it is stated by the purchaser to be required, and to the entry the signature of the purchaser and of the introducer, if any, shall be affixed: LAWS OF ANTIGUA AND BARBUDA Medical (CAP.
269 2 1 I # -.
Provided that- ( a ) where the purchaser is a registered medical practitioner, veterinary surgeon or dentist, an order signed by the purchaser may be accepted in place of the signature in the book aforesaid, and the seller shall enter therein the words "signed order" and retain the order for a period of two years; and ( 6 ) in cases of emergency, any poison named in Part I of Schedule C or hereafter added to it, may be, on the written undertaking of a registered medical prac- titioner, verterinary surgeon or dentist, to furnish a signed order therefor within twenty-four hours, sold without the immediate requirement of the signed order or of the purchaser's signature in the book.
(2) Any person selling poisons otherwise than as pro- vided under this Act shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars for the first offence and five hundred dollars for the second or any subsequent offence.

(3) For the purposes of this section the person on whose behalf any sale is made by an apprentice or servant shall be deemed to be the seller.
(4) This section shall not apply to sales by wholesale to retail dealers in the ordinary course of wholesale dealing, or to any article when forming part of the ingredients of any medicine dispensed by or under the supervision of any person registered under this Act, but the medicine shall be labelled in the manner aforesaid with the name and address of the seller and the ingredients thereof shall be entered with the name and address of the person to or for whom it is sold or delivered in a book to be kept for that purpose.
(5) No person shall sell any arsenic unmixed with other drugs unless before the sale thereof it is mixed with soot or indigo in the proportion of one ounce of soot, or half an ounce of indigo, at the least, to one pound of the arsenic, and so in proportion for any greater or less quantity: Provided that where arsenic is stated by the purchaser to be required for some purpose for which that admixture P * 2 2 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA Penalty for false information.
would, according to the representation of the purchaser, render it unfit, the arsenic may be sold without the admix- ture in a quantity of not less than ten pounds at any time.

50.
50.

If any person purchasing any poison gives false information to the person selling the same in relation to the particulars which such last mentioned person is hereby authorised to enquire into of such prchaser, or if any person shall sign his name as a witness to a sale of poison to a person unknown to the person so signing as a witness, every person so offending shall for every such offence be liable on sum- mary conviction to a fine not exceeding one thousand dollars.
Prohibition of sale or delivery of poison by uncertified shop assistant.

51.

(1) No poison shall be sold, dispensed or delivered by any shop assistant, or apprentice or other person except under the immediate super;i'sion of a register& chemist and druggist o r medical practitioner.
(2) Any shop assistant, or apprentice or other person contravening this section, and any person who keeps open any shop for the sale of drugs and ~ o i s o n s and the registered chemist and druggist by or under whose supervision any drugs o r poisons are dispensed o r compounded thereat, who permits or suffers any shop assistant, apprentice or other person to contravene this section shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars.

52.
52.

Any chemist and druggist who receives a prescrip- tion in which the maximum dose of any poisonous drug laid down in the British pharmacopoeia has been exceeded, shall not dispense the rescripti ion unless that dose is specially initialled by the prescriber, but may reduce the dose, or without delay refer the prescription to the prescriber to be initialled if correct before proceeding to dispense it.

Duty of druggist where excessive dose of poison p rescribed .
Label on container of patent 01 proprietary medicine.

C- 53.

NO patent or proprietary medicine shall be sold unless the box, bottle, vessel, wrapper, or cover in which that medicine is contained is distinc;iy labelled with the pro- portion of alcohol (if any) and of any of the substances or any of the preparations, derivatives, or salts of those substances (if any) mentioned in the Schedule C, contained in the medicine.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 2 3 54.
269 2 3 54.

(1) No person having or keeping open any shop Prohibition of sale of unfit for the sale of drugs or medicines shall sell or offer for sale drugs.

any drug or medicine which is unfit for use.

(2) Any person offending against the provisions of this section shall be liable on summary conviction to a fine not exceeding five hundred dollars, in addition to and irrespec- tive of any penalty to which he may be liable in case he &all not be registered under this Act.

55.
(1) It shall be lawful for any police officer or ~nspection of member of the Medical Board to enter the shop or store of drugs and any person registered as a chemist and druggist, or employ- ing a person registered as a chemist and druggist under this Act, for the purpose of inspecting the medicines, drugs and poisons therein, and the sale of poisons book and such other books or records as may be necessary to ascertain whether the provisions of this Act are being complied with, and to seize any medicines, drugs or poisons appearing to be stale, unwholesome, adulterated or unfit for use.
(2) The medicines, drugs or poisons so seized shall be submitted as soon as practicable to two registered medical practitioners for examination and if in their opinion the same are stale, unwholesome, adulterated or unfit for use they shall be destroyed, without compensation to the owner.

(3) Any person who shall obstruct or hinder any police officer or other person charged with the execution of any duty under this section shall be guilty of an offence under this Act.

56.
56.

(1) The Cabinet may make regulations for con- Replations.

trolling and regulating the possession and sale of poisons and for the purposes of carrying out the provisions of this Act.

(2) The regulations made under this section may pro- vide amongst other things- (a) for regulating the possession of poisons; (6) for regulating the sale of poisons; 2 4 CAP.
269) Medical LAWS OF ANTIGUA AND BARBUDA (c) for fixing the quantities of poison which wholesale or retail dealers or other persons may respec- tively keep; (6) for prohibiting or subjecting to conditions the possession and sale of poison in any shop or place where articles of food are sold or exposed for sale; (e) for prescribing the marks which wholesale or retail dealers shall place on vessels or cases containing poison in the ordinary course of wholesale or retail dealing; Cf) for prescribing the books to be kept and entries to be made therein by wholesale or retail dealers when dealing wholesale or retail with poisons; (g) for every other purpose which may be deemed necessary for controlling and regulating the possession and sale of poisons.
Penalties.

57.
Any person who fails to comply with any of the requirements of this Act or of any order or regulation made thereunder, or does anything contrary to the provisions of this Act shall be guilty of an offence, and shall in cases where a penalty is not specifically imposed by this Act be liable on summary conviction to a fine not exceeding one thou- sand dollars: Provided always that nothing in this Act contained shall prevent any person from being liable to any other penalty, damages or punishment to which he would have been sub- ject if this Act had not been passed.
LAWS OF ANTIGUA AND BARBUDA Medical ( C A P .

269 2 5 SCHEDULE A S .

l l (4) T H E MEDICAL ACT, (Cap.269).

ANTIGUA AND BARBUDA CertifiGate of Rqistration It is hereby certified that ........................................... of.. ......................................... h been duly registered as entitled to practise as a ................................ in Antigua and Barbuda under the provisions of the Medical Act.

a Dated.. .......... ..................... Registrar.

SCHEDULE B S.41.
SCHEDULE B S.41.

T H E MEDICAL ACT, (Cap.269).

ANTIGUA AND BARBUDA No.

Cert$cate of Competency It is hereby certified that ........................................... of.. ............................. has been duly examined and is duly qualified to be registered as a chemist and druggist under the provisions of the Medical Act.

Dated.

............. .......................................... Chairman, Medical Board.

26 CAP.

269) Medical LAWS OF ANTIGUA AND BARBUDA SCHEDULE C Ss.47, 49, 53.
PART I ARSENIC, and its preparations, except preparations for use exclusively in agriculture or horticulture for the destruction of insects, fungi, or bacteria, or as a sheep wash or sheep dip, if the preparations are (1) contained in a closed package or vessel distinctly labelled with a notice of the special pur- pose for which the preparation is intended; and (2) sold upon an order in writing given by or on behalf of a person, firm or body corporate known to the vendor; and (3) purchased for the purpose of the trade or profession of such person, firm or body corporate.
ACONITE, Aconitine and their preparations ALKALOIDS, all poisonous alkaloids not specifically named in this schedule, and their salts, and all poisonous derivatives of alkaloids.

ATROPINE, and its salts, and their preparations.

BELLADONNA, and all preparations or admixtures (except bella- donna plasters) containing 0.1 or more per cent.

of belladonna alkaloids.

CANNABIS (the dried flowering or fruiting tops of the pistillate plant of cannabis sativa) and the resins prepared therefrom.
CANTHARIDES and its poisonous derivatives.

COCA, any preparation or admixture of, containing 0.1 or more per cent.

of coca alkaloids.

CORROS~VE sublimate.

CYANIDE of potassium, and all poisonous cyanides and their preparations.

DIAMORPHINE (also known as Heroin) and all preparations or ad- mixtures containing 0.1 per cent of diamorphine.
DIETHYL-BARBITURIC ACID, and other alkyl, aryl or metallic derivatives of barbituric acid whether described as veronal, proponal, medinal or by any other trade name, mark or designation and all poisonous urethanes and ureides.

S.R.O.

1811964.

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 DIGITALIN and all other poisonous constituents of Digitalis.

ECCONINE and all preparations o r admixtures containing 0.1 per cent.

of Ecgonine.
of Ecgonine.

EMETIC TARTAR and all preparations or admixtures containing 1 or more per cent.

emetic tartar.

ERGOT OF RYE and preparations of ergots.

LEAD in combination with Oleic Acid, or other higher fatty acids, whether sold as Diachylon o r under any other designation (except machine-spread plasters).

NUX VOMICA and all preparations and admixtures containing 0.2 o r more per cent.

of strychnine.

OPIUM and all preparations or admixtures containing 0.2 or more per cent.

of morphine.
of morphine.

PRUSSIC ACID and all preparations or admixtures containing 0.1 o r more per cent.

of prussic acid.

SAVIN and its oil, and all preparations or admixtures containing savin o r its oil.

SULPHONAL and its homologues, whether described as Trional, Tetronal or by any other trade mark or designation.

S TROPHANTHIN, and all other poisonous constituents of Strophanthus.
TOBACCO, any preparations o r admixtures containing the poisonous alkaloids of tobacco other than- (a) Tobacco prepared for smoking and snuff; and (b) Preparations o r admixtures of tobacco for use in agriculture or horticulture for the destruction of insects, fungi, and bacteria, if the preparations are- (i) contained in a closed package o r vessel distinctly labelled with a notice of the special purpose for which the preparation is intended; and (ii) sold upon an order in writing given by or on behalf of a person, firm or body corporate known to the vendor: and 2 8 CAP.
269) Medical LAWS OF ANTIGUA AND BAREiUDA (iii) purchased for the purpose of the trade or profes- sion of such person, firm or body corporate.

ALMONDS, essential oil of, unless deprived of prussic acid.

S.R.0.

6711956.

AMPHETAMINES (beta-aminopropylbenzene and beta-aminoiso- propylbenzene).

ANTIMONAL wine.

S.R.O.

511951.

ATEBRIN.

BARIUM, salts of, except BARIUM SULPHATE CANTHARIDES, tincture and all vesicating liquid preparations or admixtures of.
CARBOLIC acid, and liquid preparations of carbolic acid, and its homologues containing more than 3 per cent.

of those substances, except preparations for use as sheep wash or for any other purpose in connection with agriculture or hor- ticulture, contained in a closed vessel distinctly labelled with the word "Poisonous", the name and address of the seller, and a notice of the special purposes for which the prepara- tions are intended.

CHLORAL hydrate.
CHLORAL hydrate.

CHLOROFORM, and all preparations or admixtures containing more than 20 per cent.

of chloroform.

S.R.O.

511951.

NITROBENZINE and its derivatives S.R.O.

511951.

PLASMOQU~N (or Plasmochin).

POPPIES, all preparations of, excepting red poppy petals and syrup of red poppies (papaver r h ~ a s ) .

LAWS OF ANTIGUA AND BARBUDA Medical (CAP.

269 29 PRECIPITATE, red, and all oxides of mercury.

PRECIPITATE, white.
PRECIPITATE, white.

ZINC CHLORIDE, and liquid preparations of zinc chloride, except preparations intended to be used for soldering or other purely industrial purpose, provided that they are contained in clos- ed vessels labelled with the word "Poisonous" and bearing the name and address of the seller and a notice of the special purpose for which the preparations are intended.

SCHEDULE D S.49.

Date.

Name and address of purchaser.

Name and quantity of poison sold.

Purpose for which it is required.


Signature of purchaser.

of person introducing purchaser.

SCHEDULE O F FEES S.2.

For registration as Medical Practitioner For registration as a Dentist For registration as an Optician For registration as a Chemist and Druggist For examination by Medical Board for a Certificate of Competency For registration of an additional qualification $100.00 $100.00 $100.00 $50.00 $25.00 $20.00