Veterinary Practice (Amendment) Act 2012

1. Definition.

1.— In this Act “Principal Act” means Veterinary Practice Act 2005.

2. Regulations — procedures carried out by non-registered persons.

2.— The following sections are inserted after section 54 of the Principal Act:

“Power of Minister to prescribe procedures that may be carried out by non-registered persons.

54A.— (1) Subject to section 54B, the Minister may prescribe procedures (including, where appropriate, the nature and extent of a procedure) in relation to or connected with the practice of veterinary medicine that may, notwithstanding sections 54 and 55, be carried out by a non-registered person on or in relation to an animal.

(2) Without prejudice to the generality of subsection (1), regulations under this section may require a non-registered person, before carrying out any procedure prescribed under subsection (1), to do all or any of the following:

(a) to undertake, or to have undertaken, specified training before carrying out a prescribed procedure;

(b) to have, or to acquire, and to maintain specified skills or competence before carrying out a prescribed procedure;

(c) to be a member of a prescribed body when carrying out a prescribed procedure and to adhere to any code of practice of that body;

(d) in specified circumstances, to consult a person registered under Part 4 before carrying out a prescribed procedure;

(e) to have and maintain a policy of indemnity insurance as specified in the regulations;

(f) to maintain records in relation to prescribed matters;

(g) to comply with any other prescribed conditions.

(3) Before making regulations under this section the Minister shall consult with the Council.

(4) In this section ‘non-registered person’ means a person who is not a registered person.

Considerations applicable to exercise of power conferred by section 54A.

54B.— (1) Before deciding to prescribe a procedure under section 54A(1), the Minister shall have regard to the following considerations:

(a) whether the nature of the procedure is such that it is reasonable to expect that a non-registered person with appropriate skills and experience would be able to carry it out;

(b) whether the procedure is surgical to an extent that it would require the skills of a registered person;

(c) whether the carrying out of the procedure by a non-registered person would be likely to cause a significant risk to the health or welfare of an animal;

(d) whether the carrying out of the procedure by a non-registered person would be likely to cause a significant risk to the health or safety of the person;

(e) whether the procedure relates to a condition in an animal which would be likely to cause a significant risk to human health.

(2) In subsection (1) ‘non-registered person’ means a person who is not a registered person.

Offences — regulations under section 54A.

54C.— A person who contravenes or fails to comply with regulations made under section 54A commits an offence.”.

3. Indemnity insurance.

3.— The following section is inserted after section 59 of the Principal Act:

“59A.— (1) The Council may, with the consent of the Minister, make regulations (referred to in this section as ‘indemnity regulations’)—

(a) specifying circumstances in which there shall be in place indemnity insurance against losses arising from claims in respect of civil liability incurred by a registered person arising from the practice of veterinary medicine, and

(b) otherwise making provision with respect to such indemnity insurance.

(2) Without prejudice to the generality of subsection (1), indemnity regulations may—

(a) prescribe specific types of veterinary medicine for which indemnity insurance is mandatory,

(b) require a registered person to effect and maintain a policy of indemnity insurance where he or she practises a specified type of veterinary medicine,

(c) specify circumstances in which a registered person or type of veterinary medicine may be exempted from the indemnity regulations,

(d) enable the Council to take such steps as it considers necessary or expedient to ascertain whether or not the indemnity regulations are being complied with,

(e) specify the manner in which a registered person shall bring their compliance with, or exemption from, the indemnity regulations to the notice of clients, or the Council, and

(f) include incidental, procedural or supplementary provisions in relation to any of the matters set out in paragraphs (a) to (e).

(3) Indemnity regulations do not apply to a registered person in so far as the registered person is, for the time being, acting as an officer or employee of, or under contract to, or otherwise with the authorisation of, a Minister of the Government, a local authority or a body established by or under statute (other than a company established under the Companies Acts).”.

4. Reports of Fitness to Practise Committee.

4.— The Principal Act is amended—

(a) in section 79, by substituting for subsection (1) the following:

“79.— (1) Following an inquiry under section 78, the Fitness to Practise Committee shall make a report of the inquiry and its findings to the Council and shall specify in the report—

(a) the nature of the application,

(b) the evidence laid before it,

(c) any other matter in relation to the registered person to whom the inquiry relates as it considers appropriate, and

(d) its opinion as to whether one or more of the grounds specified in section 76(1) were found to be proven.”,

and

(b) in section 80(1), by substituting for all the words from “Where the Council receives a report” down to and including “any of the following—” the following:

“80.— (1) Where the Council receives a report from the Fitness to Practise Committee under section 79(1), in which that Committee gives as its opinion that one or more of the grounds specified in section 76(1) were found to be proven, it may decide to do any of the following—”.

5. Register of veterinary nurses.

5.— Section 93 of the Principal Act is amended by substituting for subsections (4) and (5) the following:

“(4) The Register of Veterinary Nurses shall contain the following parts, namely—

(a) a part consisting of the names and particulars of persons registered under sections 95, 95A(1) and 96A,

(b) a part consisting of the names and particulars of persons provisionally registered under section 96,

(c) a part consisting of the names and particulars of persons registered for the purpose of provision of services under section 95A(4), and

(d) a part consisting of the names and particulars of persons registered with limited registration under section 96B.

(5) A person shall be registered as a veterinary nurse by the entry in the Register of Veterinary Nurses, relating to that person, of—

(a) his or her full name and address,

(b) where appropriate, the educational qualifications of the person,

(c) in the case of registration under section 95A(4) and where appropriate under section 96A, the date on which registration is to expire,

(d) in the case of registration under section 96B, the date on which registration is to expire and any condition attached to it,

(e) where appropriate, confirmation of compliance with any regulations under section 52 that apply, and

(f) such other particulars (if any) as may be prescribed.”.

6. Registration of veterinary nurses.

6.— The following sections are inserted after section 96 of the Principal Act:

“Registration of persons who would not otherwise qualify for registration under section 95 or 96.

96A.— (1) The Council, on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52(1), and on payment to it of the fee prescribed under section 33, shall register the person as a veterinary nurse.

(2) Registration of a person under subsection (1) may be for such period as decided by the Council.

(3) This subsection applies to a person who—

(a) does not qualify for registration under section 95 or 96,

(b) subject to subsection (9), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary nursing in a state other than of the State that, in the opinion of the Council, are of a standard that is not lower than the standard of such programmes, examinations or qualifications in the State necessary for the practice of veterinary nursing,

(c) shows to the satisfaction of the Council that he or she has sufficient language skills for the purpose of the practice of veterinary nursing in the State,

(d) is of good character and repute and is not an undischarged bankrupt,

(e) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary nursing, and

(f) is not prohibited from practising, or suspended from the practice of, veterinary nursing, either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary nurse.

(4) Registration of a person under this section may, if the Council decides that it is appropriate to do so, be subject to a condition that the practice of veterinary nursing by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.

(5) If the Council decides that a person who applies to it for registration under this section should not be so registered or, that the person should be so registered subject to a condition imposed as respects supervision under subsection (4), it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(6) A person who receives a notification under subsection (5) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(7) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration, or imposition of the condition as respects supervision concerned,

(b) an order remitting the application for registration or decision to impose the condition, with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or

(c) any other order that it considers appropriate.

(8) Nothing in this section shall prevent the Council from exercising its functions pursuant to section 13(2)(m).

(9) In order that the Council may be satisfied that the standard that applies to the programmes of education and training undergone, examinations passed and qualifications obtained is not of a standard that is lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary nursing, it may require a person to whom subsection (3) applies, to sit and pass an examination set by or on behalf of the Council in that regard.

Limited registration — veterinary nurses.

96B.— (1) Notwithstanding any provision of this Act, subject to subsection (4), and, on satisfying itself of the need to effect registration under this section for the purpose specified in subsection (2), the Council—

(a) on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52(1), and

(b) on payment to it of the fee prescribed under section 33,

shall register the person as a veterinary nurse with limited registration.

(2) The Council shall be satisfied that the person making the application is required to participate in the provision of approved programmes of education or further education before registering the person.

(3) This subsection applies to a person who—

(a) satisfies the Council that he or she has the requisite knowledge and skill for the purposes of subsection (2),

(b) is of good character and repute and is not an undischarged bankrupt,

(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purposes of subsection (2),

(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary nursing, and

(e) is not prohibited from practising, or suspended from practice of, veterinary nursing, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with carrying out of professional duties as a veterinary nurse.

(4) Limited registration of a person may be made subject to such conditions as the Council considers it appropriate to impose, including conditions specifying—

(a) the duration of such registration,

(b) the places where the person may practise veterinary nursing,

(c) the class or classes of treatments or procedures that may be carried out by the person.

(5) The Council may amend any conditions imposed under subsection (4) during the period of registration under this section where it is of opinion that it is appropriate to do so.

(6) The Council shall enter any conditions imposed under subsection (4), or any amendments to them, in the Register and in the certificate of registration that is issued to the person concerned.

(7) A person who is registered under this section shall not put himself or herself forward for election, and shall not vote in respect of an election of members to the Council unless the person has been so registered for not less than 3 consecutive years.

(8) If the Council decides that a person who applies to it for limited registration should not be so registered, or that the person should be so registered subject to conditions, or that the conditions imposed under subsection (4) should be amended, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(9) A person who receives a notification under subsection (8) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(10) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for limited registration concerned or to amend any conditions subject to which a person has been registered,

(b) an order remitting the application for limited registration or the decision to impose conditions or to amend conditions imposed by the Council in relation to such registration, with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

(c) any other order that it considers appropriate.”.

7. Authorised officers.

7.— (1) The Principal Act is amended—

(a) by substituting for section 126 the following:

“Power to inspect premises for the purposes of section 125(a) or (c).

126.— (1) An authorised officer, in order to perform his or her functions under section 125(a) or (c), may do all or any of the following:

(a) enter and inspect, at all reasonable times, a premises in which he or she has reasonable grounds for believing veterinary medicine is carried on or which is otherwise connected with the practice of veterinary medicine;

(b) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts from them, which he or she finds in the course of his or her inspection;

(c) remove any such books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act;

(d) carry out, or have carried out, such examinations, tests, inspections and checks as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act of—

(i) the premises,

(ii) any equipment at the premises,

(iii) any animal remedies at the premises,

(iv) any animals at the premises;

(e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents, or other records (and in the case of documents or records stored in non-legible form, produce to him or her legible reproductions of them) that are in that person’s power or procurement, as he or she may reasonably require for the purpose of his or her functions under this Act;

(f) take samples of any animal remedy or any article used in the practice of veterinary medicine found at the premises for the purposes of analysis and examination;

(g) secure for later inspection any premises or part of any premises in which an animal is or has been kept or where an animal remedy or an article used in the practice of veterinary medicine is found or ordinarily kept, or records, books or documents are found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act;

(h) take possession of or remove from the premises for examination and analysis any animal found on the premises or any animal remedy or article used in the practice of veterinary medicine and detain them for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act.

(2) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(3) An authorised officer shall not, except under a warrant under section 126A or with the consent of the occupier, enter a domestic dwelling for the purposes of this section.

(4) In this section and section 126A—