ILLEGAL ACTS.

Auckland Star, Volume LXVII, Issue 136, 10 June 1936, Page 11

ILLEGAL ACTS.

DUTIES OF DOCTORS.

INFORMATION TO POLICE. MINISTER'S CONFIDENCE. (By Telegraph.—Parliamentary Heporter.) WELLINGTON", Tuesday. As a sequel to remarks hiacle recently by Mr. J. R. Bartholomew, S.M., refer enceto the duties of doctors attending cases where an illegal operation has been performed was made by the Minister of Health, the Hon. P. Fraser, in a statement issued last night. The Minister referred at the outset to the remarks made by the Dunedin coroner regarding a ruling of the Direc-tor-General of Health for the guidance of the medical profession issued on October 29, 1932. The coroner, he said, had stated that the ruling was most unfortunate and mischievous in effect and invited a cloak to be cast over a serious criminal offence in respect of which a charge of murder might lie. "Toward the end of 1032 the Direc-tor-General of Health was requested by the New Zealand Obstetrical Society to obtain a legal opinion as to the obligation on a doctor, when he knows that an illegal operation has been performed, to inform the police if the patient, recovers or dies," Mr. Fraser said. "The question was submitted by the DirectorGeneral to a law officer of the Crown, who advised -that a doctor was under no legal obligation to inform the police. The law officer referred, however, to the moral obligation resting, on every good citizen to assist in the detection and suppression of crime, but he mentioned that only in passing."

The Minister said the ruling had been forwarded to the society and had been in the New Zealand Medical Journal. The'Director-General had not given a ruling for the guidance of the medical profession. He had merely handed on a legaj opinion on a specific question of law, the accuracy of which, as a question of law, had, not been challenged. . ■ Great Public 'Importance. "However, the coroner -has raised very properly an issue of -the greatest public importance," Mr. Eraser continued. "It is essential that it should be faced and eettled in a way that permits of no subsequent misunderstanding. When a patient dies as the result of an illegal operation, should a doctor who has attended her in her last illness withhold a certificate of death and inform the police or the coroner? The coroner says yes. I venture respectfully to agree with him; indeed, I would go ' further and say that such action should he taken in every case where the doctor las evidence to lead him to conclude that death resulted from a criminal act.

"To render such action legally obligatory would, I am advised, require an amendment to the law. If this were necessary I should not hesitate to recommend it. However, I am not convinced of the present necessity for such a n amendment. lam disposed to oelieye that the matter can be safely left in the hands of the medical profesBioir, which I feel certain is anxious not °nly to obey the law, but also to discharge the moral obligation resting on every good citizen to assist in the detection and suppression of crime, while at the same time keeping faith with those who—often in great mental as well as physical distress —repose confidence in its members. lam sure the public share my conviction that the ethical standard of the medical profession in New Zealand is in every respect as high as it is in Great Britain.

"The prevalence of the practice of illegal operations has been prominently before the Health Department; for some" considerable time, and has been discussed with the Obstetrical Society. Grave concern has been felt arid much thought has been given to the best means of combating the evil. The setting up of a committee or commission of inquiry with full powers to investigate every aspect of the problem is'at present receiving consideration, and it is hoped that an announcement on this point will be n*g.de at-an-early date."