Medical Act


Published: 1938

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Medical (CAP. 269 1

CHAPTER 269

THE 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.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 269) M&al

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 (CAP. 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

811954.
S.R.O. 2211956.
S.R.O. 1811964.

(1st March, 1938.) 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.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 269) Medical

"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

3. For the purposes of this Act there shall be
Board. 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.

(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.

Meetings. 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.

(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. ( 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

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 269) Medical

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. Schedule A.

Appeal to
Cabinet.

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.

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. 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 of
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.

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

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.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 269) Medical

Publication of 20. (1) The 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.

(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 2 1. Any person who shall fraudulently procure or
registration by attempt to procure himself or any other person to be
false
representation. 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 or without hard labour for a term not exceeding
two years.

Penalty for
Registrar making 22. Any Registrar or other person who shall
false entry. fraudulently make or cause or permit to be made any false

or incorrectentry in the ~ e d i c a i ~ e ~ i s t e r or any copy thereof
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

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

shall be deemed tovbe registered under this Act.

Rights of
registered 25. (1) Every person registered as a medical practi-
practitioners. 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 26. Any person who, not being registered as a medical
unregistered
persons. 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.

Dentists

28. For the purposes of this Part, the practice of den- F;z;iIF:fOf the
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
under this Act, who shall- unregistered persons.

(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-

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 269) Medical

(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

U" . .
anaesthetics other than cocaine, if authorised in writing
so to do by the Medical Board; or

( 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-

(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

Cap. 113
(1927 Revision).

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.

Persons entitled 34. The following persons, upon satisfying the to be registered.
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

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 269) Medical

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

35. The use of test lenses, spectacles, trial frames,
Sight-testing. 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.

Offences.

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.

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

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 269) Medical

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-

(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;

Cap. 109
(1927 Revision).

( 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

4 1. ( 1 ) Any person desiring to obtain a certificate of
applicants for competency under this Act may apply in writing for that
certificates Of purpose to the Registrar, submitting with his application,
competency.

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 dru~gis t .

LAWS OF ANTIGUA AND BARBUDA

Medical (CAP. 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. 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

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 269) Medical

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.

Sign on shop for
sale of drugs.

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.

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. (1) Every person who is a registered chemist and Prescriptions to
be numbered and

druggist shall- 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.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 269) Medical

Substances to be
deemed poisons.

47. (1) The several articles named and described in
schedule C. 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 48. No person shall sell any poison to any one under
sale of poison to

under sixteen years of age unless prescribed by a legally qualified
sixteen. 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.

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

schedule C . 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

Schedule D- 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
I #

(CAP. 269 2 1
-.

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
P 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

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 269) Medical

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.

Penalty for false
information. 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

51. (1) No poison shall be sold, dispensed or delivered
of poison by by any shop assistant, or apprentice or other person except
uncertified shop
assistant. under the immediate super;i'sion of a register& chemist and

druggist or 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 ~oisons and the registered
chemist and druggist by or under whose supervision any
drugs or poisons are dispensed or 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.

Duty of druggist
where excessive 52. Any chemist and druggist who receives a prescrip-
dose of poison tion in which the maximum dose of any poisonous drug laid
prescri

bed. 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.

Label on
container of

53. NO patent or proprietary medicine shall be sold
patent 01 unless the box, bottle, vessel, wrapper, or cover in which
proprietary medicine. 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

C- substances (if any) mentioned in the Schedule C, contained
in the medicine.

LAWS OF ANTIGUA AND BARBUDA

Medical (CAP. 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. (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;

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 269) Medical

(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 (CAP. 269 2 5

SCHEDULE A S . l l (4)

THE MEDICAL ACT, (Cap.269).

ANTIGUA AND BARBUDA

CertifiGate of Rqistration

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

Dated.. ..........

.....................
Registrar.

SCHEDULE B S.41.

THE 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.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 269) Medical

S.R.O.
1811964.

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.

LAWS OF ANTIGUA AND BARBUDA

Medical (CAP. 269

DIGITALIN and all other poisonous constituents of Digitalis.

ECCONINE and all preparations or admixtures containing 0.1 per
cent. 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 or under any other designation
(except machine-spread plasters).

NUX VOMICA and all preparations and admixtures containing 0.2
or more per cent. of strychnine.

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

PRUSSIC ACID and all preparations or admixtures containing 0.1
or more per cent. of prussic acid.

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

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

STROPHANTHIN, and all other poisonous constituents of
Strophanthus.

TOBACCO, any preparations or admixtures containing the
poisonous alkaloids of tobacco other than-

(a) Tobacco prepared for smoking and snuff; and

(b) Preparations or 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 or 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

LAWS OF ANTIGUA AND BAREiUDA

2 8 CAP. 269) Medical

(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.

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 rh~as ) .

LAWS OF ANTIGUA AND BARBUDA

Medical (CAP. 269 29

PRECIPITATE, red, and all oxides of mercury.

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.

SCHEDULE OF FEES S.2.

For registration as Medical Practitioner $100.00

For registration as a Dentist $100.00

For registration as an Optician $100.00

Date.

For registration as a Chemist and
Druggist $50.00

Name and
quantity
of poison

sold.

Name and
address of
purchaser.

For examination by Medical Board
for a Certificate of Competency $25.00

For registration of an additional
qualification $20.00

Purpose
for which

it is
required.

Signature

of
purchaser.

of person
introducing
purchaser.

Related Laws

1983 Litter Act