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 major legal
obligations as a professional veterinary surgeon
in Queensland.
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RESOURCES

• Veterinary Surgeons Board of Queensland web
• http//www.vsb.qld.gov.au/

/lectureuni.html - full text /humanside.html -
talking to clients /relationships.html - a
practical approach to relationships (clients,
vets, Veterinary Surgeons Board) /drugspoisons1996
.html - Qld Health requirements
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(No Transcript)
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MEANING OF VETERINARY SCIENCE

• Veterinary science means the science of
  veterinary surgery or veterinary medicine.
  Includes the following
• diagnosing diseases in, and injuries to, animals,
  including, for example, testing animals for
  diagnostic purposes
• giving advice based on diagnosis under paragraph
  (a)
• medical or surgical treatment of animals
• performing surgical operations on animals
• administering anaesthetics to animals and
• 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.
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Veterinarians registered in Qld 2006
Total 2 333
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Veterinarians registered in Qld 2006
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OFFENCE
It is an offence for someone who is not a
veterinary surgeon to practice veterinary
science.

• Except
• If other than for fee or reward or
• When studying or qualifying, under the
  supervision of a veterinary surgeon

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EXCLUDED PROCEDURES

• Castrating -
• Cattle or sheep of less than 6 months or
• Goats of less than 2 months or
• Pigs of less than 6 weeks
• Dehorning -
• Cattle of less than 6 months or
• Goats or sheep of less than 3 months
• Spaying cattle using the Willis dropped ovary
  technique
• Tailing sheep of less than 6 months

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(More) EXCLUDED PROCEDURES

• Mulesing sheep of less than 1 year
• Filing or rasping horses teeth
• Artificial insemination of cattle, deer, goats,
  pigs or sheep
• 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.
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COMPOSITION OF BOARD

• Nominated by Minister
• Chairperson veterinary surgeon DPI
• 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

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Current Board

• Dr Ian Douglas (Chair)
• Prof Lloyd Reeve-Johnson (Deputy Chair)
• Dr Maurine Thomson specialist small animal
  surgery oncology
• Ms Glenda Whitmore consumer representative
• Dr Vic Menrath specialist - medicine (cats)
• Dr David Lovell equine practitioner
• elected by registered veterinary surgeons

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COMPOSITION OF TRIBUNAL  

•  The Tribunal consists of three members of whom
  
• one shall be a barrister, solicitor, stipendiary
  magistrate or a person who has been a stipendiary
  magistrate - this person is nominated by the
  Minister for Primary Industries
• one shall be a veterinarian nominated by the
  Minister for Primary Industries and
• one shall be a veterinarian nominated by the
  Australian Veterinary Association (Queensland
  Division).

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VETERINARY SPECIALISTS

• Entitled to be registered as a veterinary
  specialist if applies to the board in the
  approved form, pays the prescribed fee and
  satisfies the board that -
•  
• he or she has gained special skill in the
  veterinary specialty with respect to which he or
  she applies to be registered
• the special skill was gained in practising
  veterinary science for a period of at least 5
  years and
• he or she is the holder of a degree, diploma or
  other qualification recognised by regulation that
  relates to that veterinary specialty.

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MISCONDUCT

• The term misconduct in a professional respect
  cannot be limited to specifics, but the Act
  recognises some common examples such as -
• Addiction to alcohol or drugs
• Signing an incomplete, false or misleading
  certificate
• Failure to comply with or contravention of any
  law with respect to prescription drugs
• Fraud or deception
• Negligence or incompetence in the practice of the
  profession
• Conviction of an offence involving cruelty to
  animals

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(More) MISCONDUCT

• Failure to keep premises and equipment in clean
  and sanitary condition
• Failure to keep records in the prescribed form
• Obstructing a Board member in the exercise of his
  or her powers under the Act
• Directing or allowing a person who is not a
  veterinary surgeon to practise veterinary science
  on an animal under the veterinary surgeons care
• Conducting a veterinary practice at premises
  other than veterinary premises and failing to
  comply with conditions of the premises approval

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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.
•  

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MISCELLANEOUS

• Veterinary Premises
•  
• Local authority approval required
• Board approval required
• Minimum standards apply depending on range of
  services
•  
• Courtesy Title Doctor
•  
• Registered Veterinarians are legally entitled to
  use
• Veterinarians name plus the words veterinary
  surgeon or BVSc
•  
•  Other Statutory Requirements 
• Health (Drugs and Poisons) Regulation 1996
• Radiation Safety Act 1999 (Use and Possession)
• The Animal Care and Protection Act 2001

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REQUIREMENT FOR REGISTRATION

• Must be sought in each State or Territory in
  Australia in which it is intended to practise.
•  
• If practising overseas, also required 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.
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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.htm
  l) and
• gain a licence to use irradiating (x-ray)
  apparatus for veterinary radiography.

Professional indemnity insurance would be voided
in the event of a claim where the treating
veterinarian was unregistered.
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HOW TO REGISTER

• Registration forms are available from the Head of
  School office and the Veterinary Surgeons Board
  of Queensland.
•  
• Application must be accompanied by two (2)
  references as to the applicants good fame and
  character and suitability for registration as a
  veterinary surgeon. (Can be sought from course
  lecturers)
•  
• Initial registration fee will cover a
  twelve-month period from graduation.

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FUTURE TRENDS

• Continuing Veterinary Education (CVE)
• Veterinarians are required to keep a record of
  all CVE undertaken
• Board may request such record during a complaint
  investigation
• Board may require additional CVE be undertaken
•  
•  Professional Ethics
•  
• Ethical behaviour to accord with AVA Code of
  Professional Conduct 
• AVA has no legislative power to enforce the code
  nor does the AVA represent all registered
  veterinarians
•  

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AUSTRALASIAN VETERINARY BOARDS COUNCIL INC

• The Veterinary Surgeons Boards for each
  State/Territory of Australia
• The Veterinary Council of New Zealand
• The Australian Veterinary Association Ltd
• The New Zealand Veterinary Association Inc.
• (Note The AVA NZVA do not have voting rights)
•  

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AVBCS PURPOSE

• To advise and make recommendations to the
  Veterinary Surgeons Boards in Australia and New
  Zealand in relation to-
•  
• the accreditation of veterinary schools and of
  courses leading to a degree in veterinary science
  or medicine
• assessment of the suitability for practice in
  Australia and New Zealand of persons with foreign
  veterinary qualifications and
• uniform criteria for recognition of
  qualifications for registration.
•  
• To provide advice on matters concerning the
  occupational regulation of veterinary surgeons,
  including general and specialist registration.
•  
• To foster standardisation and quality assurance
  of veterinary services to the community