VETERINARY SURGEONS ACT 1936

1. 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.

2. 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 approachto relationships (clients, vets, Veterinary Surgeons Board) /drugspoisons1996.html - Qld Health requirements

4. 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.

5. Veterinarians registered in Qld 2007 Total = 2 402

6. Veterinarians registered in Qld 2007

7. Veterinarians registered in Qld 2007

8. 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

9. 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

10. (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.

11. 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

12. 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).

13. 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.

14. 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

15. (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 surgeon’s care • Conducting a veterinary practice at premises other than veterinary premises and failing to comply with conditions of the premises approval

16. Board proceedings • The Board can charge veterinarians and deal with complaints • The penalty is limited to a $750 fine – the Board cannot suspend or cancel a registration in these circumstances • If charged, a veterinarian can elect to be have a charge heard by the Tribunal instead, or to make personal and/or written representations to the Board in their defence • They must represent themselves • The case results can be published but the veterinarian will not normally be identified

17. Tribunal proceedings • The Tribunal can fine up to $3 000 and suspend or cancel a registration • The veterinarian can be legally represented at the hearing which is conducted in a way similar to a “court” • The Board may publish the results of the hearing (if a guilty finding is made) and may publish the name of the veterinarian • Costs may be awarded (if against the veterinarian then they bear their costs, the Board’s and the costs of the Tribunal)

18. 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.

19. 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

20. 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.

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

22. 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 applicant’s 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.

23. 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

24. 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)

25. AVBC’S 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