THE ANTI=QUACKERY BILL

Dominion, Volume 1, Issue 221, 11 June 1908, Page 2

THE ANTI=QUACKERY BILL

■ : 0 : DISCUSSED BY THE CHEMISTS. "MORE AGGRESSIVE OPPOSITION." At the Pharmaceutical Conference yesterday, a discussion on tho Anti-Quackery Bill was introduced By Mr. J. Baillio, of Carterton, who said: — "It would appear, from what I can gather from the reports of our trade journals, that there is a growing desire oiv tho'part of legislators all over the Empire, and more especially in Australia, for legislation to suppress the sale of quack remedies, and'even in our own Dominion a Bill lias been introduced for the purpose of suppressing the sale of supli fraudulent preparations and preventing this young country from becoming the dumping ground for all conceivable quack nostrums, with which our market is flooded. The AntiQuackery Bill, or more correctly the Quackery Prevention Bill, with which most of U3 fire familiar, lias been before Parliament during the past two sessions, and has been 'the means of creating a good deal of discus-, sion on the part of both legislators and pharmacists, but so far has not found its way on the statute book of the Dominion, for which later fact the membors of our profession ought to feel gratoful, as had Parliament shown any determination to put the Bill through without amondniont to clause 3, it would have considerably interfered with the rights and long-established 'privileges of chemists. HISTORY OF THE BILL. . "Although it is hardly likely that the Bill will ever come, before the House again, it is just possible that many of the provisions it contained will be embodied in future Government' measures. Therefore, I propose to give a brief sketch of .its history, with comments, from the time of its introduction until finally dealt with by the. Select Committeo set up to take evidence and report on the Bill to tlie House. • ' "Tho Bill was first promoted in the session of 1906, passed its second reading, and was taken in. Committee of the House. The measure was opposed by some five or six members, .and the promoter (Mr. T. T. M. Hornsby) had finally to agree to report progress, which meant- that the Bill disappeared "for'that session. " . ' "I believe that tho.members who opposed the Bill did so mainly in the interests of unregistered persons' in the shape of the herbalists, homoegathists, mental _ therapeutists, aud psychologists. Tho herbalists having become alarmed, assembled their-forces and wkitod upon tho Minister for Public_ Health, before whom they poured forth their grievances, with the result that, the promoter of the Bill promised to include representation for these on the Board of Direction to bo set up later on. ■ IMPORTANT ALTERATIONS. ' "The Bill was' reintroduced in 1807, but it differed very materially from the 1906 one. There were three very important alterations. The, first was in connection with the board set up under clause 2, which provides for a board, to consist of live persons, to be appointed by His Excellency trie Governor — namely, the Chief, Health Officer, one !membor of the British Medical Association, one member of the New Zealand Pharmaceutical Society, one member of the Herbalists' Asso-, eiation of New Zealand, and a Stipendiary Magistrate, whereas in the 1906 Bill the Chief Health. Officer alono was to exercise the powers given to the board. Secondly, in respect to- clauso 3, whcre.'.the words ' registered chemist' were omitted; Thirdly, by the recognition of tho Herbalists' Association pf New Zealand, and the.placing of a ' registered herbalist' on the 1 sanie footing as a registered medical practitioner and. a registered pharmaeistiinci »vtv uo.;i- v : , ... A HEALTHY AGITATION. ' i "Now'with regard to Clause 3, immediately; I noticed the alteration 1 I communicated with the Pharmacy Board, "and also the chairman, of ..the C'.P. Association, i requesting them to take immediate action in having represented to the chemists of Now Zealand the drastic nature of this clause, and I nm pleased to relate that' Mr. M'Kenzio lost no tiipe in arousing a very healthy agitation'in favour of the retention of tho words 'registered chemist'in this clause. "In the meantime I had the good fortune (to get an interview with Mr: Hornsby, the promoter of the Bill, who assured me that the omission was purely accidental, and that he would have the words complained of reinstated at once. "The Bill had. now progressed so far as to be read a second ■ time, and after a brief discussion, was referred direct ;to a. select committee nominated by Mr. Hornsby. That committee: sat and took 1 evidenbe,' and , reported. to the House.. ■ ~ "Unfortunately, "the same'omission in regard to 'registered chemist' lias been repeated, lis you will notice;';that only registered medical practitioners are ' recognised, and if we are to retain our status quo wo will have to offer more aggressive opposition. Wo will have to organise our forced in order to protect our interests and long-estab-lished rights, from undue legislative interference., THE PRESCRIBING CHEMIST. '" It is to the poorer classes'ih country districts that the prescribing chemist is/particularly useful. During my sixteen years' residence in the WairarapaT. have frequently been called upon to treat urgent cases in the absence of tho local medical man, 'and in; every instance have earned the gratitude of the patients. I contend that the . prescribing chemist is'necessary, that he is the friend of- tho poor, he stands niidway be-' tween the expensive physician and the worthless quack. Why, even the Chief Health Officer himself, in his evidonce before the committee, admits tliac the class of peoplo lie was most interested in are those who • pretend to cure soxual ailmehts,' persons whom lie designated as nothing more than blackmailers,'and he did not think that tliero was any harm in a, chemist giving a cough mixture. DANCER.OF INFLICTING HARDSHIPS. "I understand that our , legislators fully reilise the tremendous difficulty which must beset .-anyone desirous of checking the undoubted malpractices of unregistered quacks. It is pointed out 'that in endeavouring to deal with undesirables there is the, danger of inflicting hardship aud wrong respectable practitioners, such as chemists and others, whose bona fides have been 'long established. A good deal has been done as a result of the crusado carried on by Mr. Hornsby in curbing tho swindling propensities of the cure-all quack.- An amendment pf the Post Office Act has been passed, at tho instance of Dr. Mason, and certain people have been black-listed —that is to say, no letters either to or from those people can bo delivered. This has cheeked the evil considerably, and many of their advertisements have disappeared. There are others still who carry on, and it should be our part to assist -in the furtherance of the good work so well bejiun. . "I believe Mr. Hornsby proposes that any and every vendor of a patent or proprietary medicine' should bo coinpcllot.l, at any time the Hoaltli Office may demand, to establish, his bona fides. The Health Office, under tho law proposed, would call upon the proprietors to show causo why the advertising of the preparation should not be inhibited. If the Court pronounces against tho article, then no paper would bo permitted to advertiso' it within tho Dominion. Such a moasuro lie intends to bring forward in tho coming session of Parliament. NOT AVERSE TO REFORM. "So far as I havo been able to ascertain, the pharmacists of this country are not averso to any reform calculated to correct practices taken exception to by our legislators and health authorities. But on tho other hand they would gladly welcome legislation that will be effective in suppressing the manufacture and sale of such preparations that aro proved to be injurious to the ■ human system. What we do take great exception to is the attempt made and lorshadowed to deprive us of certain long-es-tablished privileges, without any valid reason having been advanced to justify such harsh and unjust treatment.

"And.now, speaking as one who has given this question of quackery prevention a good deal of thought, I have corno to the conclusion that if the suggestions 6f the parliamentary committee were amended m tho manner that I shall suggest later oil, they will tlipn answer all the requirements of both legislators and Health Department) without in any way inflicting unduo hardships upon any class of persons. "In order, therefore, to place this matter before the, meeting in a regular' manner for discussion, I will move:— . SUGGESTION' OF PARLIAMENTARY committee; '' That the members of this conference representing tho' registered chemists of New Zealand, having duly considered the suggestions of the Parliamentary Committee, appointed to inquire into the . Quackory Prevention Bill, agree to adopt . them amended as follows:— ' v "(1) 'Preventing the _ advertising and supply of any preparation, medicine, or appliance alleged to be for tho preven- • . tion,alleviation,- or euro of any human ailment or physical defect, that in the opinion of a Judge of the Supremo Court is harmful to health, of a fraudulent nature, or of such a. character that it cannot have the effect claimed, for it, or cannot effoct the purpose' for which it was supplied. .• " (2) To make it unlawful for any person to sell, offer, 'or attempt to ; sejl, or supply any preparation or medicine for' the prevention, alleviation, or cure of human ailments, unless (1). any. such preparation or medicine is supplied on. a proscription given by a duly registered medical practitioner, or registered chemist in New- Zealand keeping open shop; or (2) to any person who applies'to ana proves to the satisfaction of ; any-judgo of the Supreme Court that his prepare" tion or. medicine is an original and secret one,' and that the quality, nature, and as- " certained properties of;the components , and of the composition itself are (a) not., harmful to the health, (b) not of a fraud- ; ulentnaturo; (c) that, the preparation -or, modicine is of such aV character, as may havo the effect claimed for it, or. may effect the purpose for . which it ,was sup- . plied, and (d) that it may .with safety bo entrusted to inexperienced and . uninformed persons for the purpose of selftreatment." Aiid we seek to' urge upon . the Government tho necessity of-passing - ; legislation this coming-, session to" give ■' . .them effect.' I '•! . '■ ' ' '' -"" '