VETERINARY SURGEONS ACT 1936

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					VETERINARY SURGEONS ACT 1936

“An Act relating to the qualifications and registration
of veterinary surgeons and the regulation and
control of the practice of veterinary science, and for
other purposes”

Purpose of lecture:
To provide an awareness, understanding and
knowledge of your legal obligations to the
Veterinary Surgeons Act as a registered veterinary
surgeon in Queensland.
        REFERENCE SOURCE
  Veterinary Surgeons Board of Queensland web:
           http://www.vsb.qld.gov.au/

/final year lecture.html        - presentation
/humanside.html         - talking to clients
/relationships.html - a practical approach to relationships
        (clients, vets, Veterinary Surgeons Board)
/drugspoisons1996.html - Qld Health requirements
/actsofveterinaryscience.html – determinations/interpretations
 MEANING OF ‘VETERINARY SCIENCE’
“Veterinary science” means the science of veterinary
   surgery or veterinary medicine. Includes the following:

 a)   diagnosing diseases in, and injuries to, animals, including, for
      example, testing animals for diagnostic purposes;
 b)   giving advice based on diagnosis under paragraph (a);
 c)   medical or surgical treatment of animals;
 d)   performing surgical operations on animals;
 e)   administering anaesthetics to animals; and
 f)   signing or issuing certificates relating to the description, health,
      diagnosis or treatment of animals.

However, ‘veterinary science’ does not include an act done for
animal husbandry or animal dentistry prescribed under a regulation
not to be veterinary science.
RESTRICTION OF VETERINARY PRACTICE
It is an offence for someone who is not a
veterinary surgeon to practise veterinary
science.

Except:
   If other than for fee or reward (in which case the
    regulating statutes are the Animal Care and Protection
    Act 2001; and/or the Health (Drugs and Poisons)
    Regulation 1996); or
   When studying or qualifying in veterinary science whilst
    under the supervision of a veterinary surgeon.
     PRESCRIBED EXCLUSIONS TO VETERINARY SCIENCE IN QUEENSLAND

                 (NOT UNIFORM ACROSS JURISICTIONS)

a) Castrating -
        1. Cattle or sheep of less than 6 months; or
        2. Goats of less than 2 months; or
        3. Pigs of less than 6 weeks;
b) Dehorning -
        1. Cattle of less than 6 months; or
        2. Goats or sheep of less than 3 months;
c) Spaying cattle using the Willis dropped ovary
   technique;
d) Tailing sheep of less than 6 months
     EXCLUDED PROCEDURES (Continued)

e)      Mulesing sheep of less than 1 year;
f)      Filing or rasping horses’ teeth;
g)      Artificial insemination of cattle, deer,
        goats, pigs or sheep;
h)      Teaching techniques about pregnancy
        testing of cattle by a veterinary surgeon
        to an owner of cattle.
Note: Stomach tubing of horses, invasive dental procedures on all
species, artificial insemination of a horse, and pregnancy testing of
cattle remain acts of veterinary science. (Refer to Web Link – acts of
veterinary science)
   COMPOSITION OF BOARD
Nominated by Minister
      Chairperson – senior veterinary surgeon of
       state government
      Deputy-chairperson - veterinary surgeon –
       academic
      2 Members – one of whom is not a
       veterinary surgeon
Elected by veterinary surgeons
      2 Members both of whom are veterinary
       surgeons
           REQUIREMENT FOR
             REGISTRATION
Registration must be sought in each individual State or
Territory in Australia in which it is intended to practise
before committing to practice.

If intending to practise overseas, registration must first
be sought with the relevant overseas registration
authority.

The awarding of a Bachelor of Veterinary Science
degree does not in itself entitle the holder to practise
veterinary science in any place or circumstance.
         REGISTRATION PROVIDES
Only after registration as a veterinary surgeon is
granted is a veterinary graduate legally permitted to:
  practise veterinary surgery and medicine;
  obtain, possess, administer, dispense or prescribe restricted and
   controlled drugs; (Refer Queensland Health hand-out -
   /drugspoisons1996.html); and
  gain a licence to use irradiating (x-ray) apparatus for veterinary
   radiography.
    Offences are processed through the Magistrates Court judicial system.
    A veterinary surgeon responsible for employing an unregistered person
    to practise veterinary science commits an offence with serious
    penalties.

 The professional indemnity insurance of an employer may not
 apply in the event of a claim where a person not a registered
 veterinary surgeon is the respondent in the claim.
               HOW TO REGISTER
 Registration forms are made available to the Head of School office and
  can be printed from the Veterinary Surgeons Board of Queensland
  website.

 Application must be accompanied by two (2) references as to the
  applicant’s good fame and character and suitability for registration as a
  veterinary surgeon. (Typically references are sought from course
  lecturers)

 Application must be accompanied by proof of identity.

 Registration is renewable annually at end of calendar year. Pro rata fees
  for less than a calendar year do not apply but registration issued after
  1 November are effective until the end of the following calendar year.
PROGRESS TO SPECIALIST REGISTRATION

A registered veterinary surgeon is entitled to be
   registered as a veterinary specialist if the veterinary
   surgeon satisfies the Board that -

a) he or she has gained special skill in the veterinary
   specialty with respect to which he or she applies to
   be registered;
b) the special skill was gained in practising veterinary
   science for a period of at least 5 years; and
c) he or she is the holder of a degree, diploma or other
   qualification recognised by regulation that relates to
   that veterinary specialty.
     PROFESSIONAL MISCONDUCT
The term ‘misconduct in a professional respect’
   cannot be limited to specifics, but the Act
   recognises some common examples such as -

i.   Negligence or incompetence in the practice of the
     profession
ii. Addiction to alcohol or drugs
iii. Signing in a professional capacity, an incomplete, false or
     misleading certificate
iv. Failure to comply with or contravention of any law with
     respect to scheduled drugs
v. Fraud or deception
vi. Conviction of an offence involving cruelty to animals
      MISCONDUCT (Continued)
vii. Conducting a veterinary practice under a business
     name at premises not approved for the range of
     veterinary services provided thereat.
viii. Failure to comply with conditions of a premises
      approval and failure to keep premises and equipment
      in clean and sanitary condition
ix. Failure to keep records in the prescribed form
x.   Directing or allowing a person who is not a veterinary
     surgeon to practise veterinary science on an animal
     under the veterinary surgeon’s care
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (QCAT)


 QCAT has jurisdiction to conduct disciplinary proceedings
involving allegations of professional misconduct by a
veterinary surgeon determined by the Board to be of a
serious nature.

For QCAT proceedings, the tribunal is constituted by –
(a) 1 legally qualified member; and
(b) 2 members who are veterinary surgeons.

Only QCAT has the jurisdiction to order that a veterinary
surgeon’s name be removed or suspended from the
Register of Veterinary Surgeons.
     CONTINUING VETERINARY EDUCATION (CVE)

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)


1. Veterinarians are lawfully required to keep a record of
   all CVE/CPD undertaken;

2. CVE/CPD is not a mandatory condition for renewal of
   registration to practice;

3. The Board may rely on CVD/CPD records to evaluate
   competency in the event of a complaint investigation
   and may seek CVE/CPD undertakings as a result
       PROFESSIONAL ETHICS AND
          CODE OF PRACTICE
1.   Ethical behaviour to accord with AVA Code of
     Professional Conduct.

2.   AVA Code of Professional Conduct is not established
     by statute.

3.   The Board may rely on the codes, policies and
     expertise of the AVA as the peak professional body
     representing veterinarians in determining standards
     of practice and conduct.
RELATIVE STATUTORY RESPONSIBILITIES
Veterinary Premises
• Local authority approval required
• Board approval required
• Minimum standards apply depending on range of services
Courtesy Title Doctor
• Nothing prevents a registered veterinarian using the title in association with the
   veterinarian's name and words to indicate the profession of registration eg
   veterinary surgeon or registrable qualification.
Additional Qualifications
• Additional qualifications not relative to veterinary science may be used by
   veterinarians but always after the primary registrable veterinary science degree
   and post graduate veterinary qualifications.
Primary Statutory Responsibilities to:
• Veterinary Surgeons Act 1936
• Health (Drugs and Poisons) Regulation 1996
• Radiation Safety Act 1999 (Use and Possession)
• The Animal Care and Protection Act 2001
                 ADVERTISING
 Limited only by the provisions of the Commonwealth ‘Trade
  Practices Act 1974’ and Queensland ‘Fair Trading Act 1989’
  (section 38 – ‘A person shall not, in trade or commerce, engage in
  conduct that is misleading or deceptive or is likely to mislead or
  deceive’) and AVA ethical guidelines.
 Veterinary surgeons’ names and qualifications must be displayed
  at veterinary premises


AVA Code of Professional Conduct – Advertising:-
 must not be false, misleading or deceptive;
 must not seek personal advantage at the expense of professional
   colleagues; and
 must not lower the status of the veterinary profession in the eyes of
   the public.
HARMONISATION NATIONALLY OF REGULATORY
              STANDARDS
The Australasian Veterinary Board Council Inc is established to advise and
make recommendations to the Veterinary Surgeons Boards in Australia
and New Zealand in relation to-

 1. the accreditation of veterinary schools and of courses leading to a
    degree in veterinary science or medicine;
 2. assessment of the suitability for practice in Australia and New
    Zealand of persons with foreign veterinary qualifications;
 3. uniform criteria for recognition of qualifications for registration;
 4. provision of advice on matters concerning the occupational regulation
    of veterinary surgeons, including general and specialist registration;
    and
 5. harmonisation of the standards, regulations and quality assurance of
    veterinary services provided to the community.

The state and territory veterinary boards of Australia, the Veterinary
Council of New Zealand, the Australian and New Zealand Veterinary
Associations are members of AVBC Inc.

				
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