CHAPTER
245
VETERINARY SURGEONS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Maintenance of Register and Supplementary
Register. |
Qualifications and procedure for registration as
a veterinary surgeon. |
Minister may license persons as veterinary
practitioners. |
Restriction on practice of veterinary surgery. |
Disciplinary proceedings by the Board. |
Suspension from practice, removal of name from
register and appeals. |
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SCHEDULE. |
CHAPTER 245 |
VETERINARY
SURGEONS |
An Act to
make provision for the registration of persons qualified to practise veterinary
surgery, the restriction of the practice thereof by unqualified persons and
generally for the regulation of the practice of veterinary surgery and matters
incidental thereto. | 24 or 1966
E.L.A.O., 1974 |
[Assent 12th July,
1966]
[Commencement 1st April, 1967] |
1. This Act may be cited as the Veterinary Surgeons
Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"animals"
includes birds and reptiles; |
"Board"
means the Veterinary Board established under the provisions of section 3 of
this Act; |
"licensed"
means licensed as a veterinary practitioner under the provisions of section 7
of this Act. |
"Minister"
means the Minister responsible for Veterinary Services; |
"registered"
means registered as a veterinary surgeon under the provisions of section 5 of
this Act; |
"Register"
and "Supplementary Register" mean respectively the Register and the
Supplementary Register for which provision is made in section 5 of this Act; |
"Registrar"
means the person appointed as such under the provisions of section 5 of this
Act; |
"veterinary
surgery" means the art and science of veterinary surgery and medicine and,
without prejudice to the generality of the foregoing, shall be taken to
include- |
(a) the
diagnosis of diseases in, and injuries to, animals including tests performed on
animals for diagnostic purposes; |
(b) the giving
of advice based upon such diagnosis; |
(c) the medical
and surgical treatment of animals; and |
(d) the
performance of surgical operations on animals, |
but shall
not include the doing of anything specified in Part I of the Schedule to this
Act and not excluded by Part II of that Schedule. |
3. (1) There shall be a Veterinary Board which shall
consist of- | The Veterinary Board. |
(a) the
Director of Agriculture, who shall be the Chairman of the Board; |
(b) The
Government Veterinary Surgeon; |
(c) one person
qualified to be registered under this Act (and who is so registered after
the Act is in operation), who shall be appointed by the Minister: |
Provided that at
the date when this Act comes into operation the Board shall be deemed to be
properly constituted by the persons holding the offices mentioned in paragraphs
(a) and (b) of this subsection for the purpose of advising as to the
qualifications for registration of any persons under consideration for
appointment under the provisions of paragraph (c): |
Provided further
that instead of a person qualified in accordance with paragraph (c) the
Minister may appoint a person who is registered as a qualified practitioner
under the
Medical Act and who is not in the public service. |
(2) Two members of
the Board shall constitute a quorum. In the case and for the duration of any
temporary absence or incapacity of any member of the Board, the
Minister may appoint a person with suitable qualifications to be a temporary
member. |
4. It shall be the duty of the Board- | Duties of the Board. |
(a) to advise
the Minister as to whether or not the qualifications of any applicant for
registration are in accordance with the provisions of this Act; |
(b) to advise
the Minister as to whether or not any Commonwealth or foreign degree or diploma
in veterinary surgery should be recognised for the purposes of section 6 of
this Act; |
(c) to make
recommendations to the Minister, in accordance with the provisions of section 9
of this Act, in regard to disciplinary matters affecting persons who are
registered or licensed; |
(d) to issue
such guidance, as from time to time appears to the Board to be desirable, in
regard to matters of professional conduct of persons who are registered or
licensed; and |
(e) to advise
the Minister in respect of any matter which the Minister refers to the Board
relating to the practice of veterinary surgery or to the exercise of any powers
conferred upon him under the provisions of this Act. |
5. (1) The Minister shall be responsible for ensuring
the maintenance, in accordance with the provisions of this Act, of a Register
of veterinary surgeons and a Supplementary Register of licensed veterinary
practitioners and may appoint a suitable person to perform the functions of
Registrar in accordance with his directions. | Maintenance of Register and Supplementary Register. |
(2) The Register
shall contain particulars of the names, addresses and professional
qualifications of all registered veterinary surgeons, the date upon which each
entry therein, and any amendment thereto, was made and such other particulars
as the Minister may direct. In any case where the particulars in respect of any
entry are altered or the person concerned ceases to be entitled to be registered,
the Registrar, as soon as possible, shall amend the Register accordingly. |
(3) The
Supplementary Register shall contain the names, addresses and such other
particulars as the Minister may direct in respect of any persons licensed under
the provisions of section 7 of this Act. |
(4) The Minister
shall cause correct copies of the entries in the Register and the Supplementary
Register to be published in the Gazette once in each year: |
Provided that the
suspension from practice or the removal of the name of any person from the
Register or the Supplementary Register shall forthwith be notified in the Gazette. |
6. (1) Any person who makes application to the Minister
to be registered as a veterinary surgeon and who satisfies the Minister that- | Qualifications and procedure for registration as a
veterinary surgeon. |
(a) he
possesses a degree or diploma in veterinary surgery obtained in the United
Kingdom and recognised in accordance with the law of that country as entitling
him to be registered as a veterinary surgeon in the register kept by the Royal
College of Veterinary Surgeons, and that he is so registered at the date of his
application to the Minister; or |
(b) he
possesses some other degree or diploma in veterinary surgery which is recognised
by the Minister, acting on the recommendation of the Board, for the purposes of
registration in accordance with the provisions of this Act, |
shall be
entitled to be registered upon payment of any prescribed fee. |
(2) Any person
making application to the Minister under the provisions of subsection (1) of
this section shall send to the Minister for examination the document conferring
or evidencing his qualifications for registration and such other particulars as
may be prescribed or as may be required by the Minister in any particular case. |
(3) Any person who
wilfully makes a false statement or issues any false document in support of an
application made under the provisions of this section shall be guilty of an
offence and shall be liable on summary conviction
to a fine of two thousand dollars or to imprisonment for six months or to both
such fine and imprisonment. |
7. (1) Where, on the representation of a society or
institution which is wholly supported by voluntary contributions or endowments,
or both, and which provides free medical or surgical treatment for animals, the
Minister is satisfied that such society or institution cannot reasonably,
within the scope of its financial resources or for other sufficient reasons,
obtain the services of an adequate number of registered veterinary surgeons,
the Minister may, if he thinks fit and subject to such conditions as may be
provided therein, grant a licence under this section to any person employed or
to be employed by such society or institution. | Minister may license persons as veterinary
practitioners. |
(2) During the
continuance in force of a licence under the provisions of subsection (1) of
this section, the holder thereof may in the course of his employment by the
society or institution on whose representation the licence was granted, and
subject to the conditions thereof, give such medical or other treatment or, for
the relief of pain, perform such minor operations as may be authorised by the
licence. |
(3) It shall be a
condition of the granting of a licence under this section that the society or
institution in question undertakes not to employ the holder thereof in treating
or operating on any animal unless its owner appears to the holder of the
licence to be unable to afford the services of a registered veterinary surgeon
or that the services of a registered veterinary surgeon are not readily
available. |
(4) In any case in
which it appears to the Minister that the society or institution, or the holder
of the licence, has acted in contravention of the provisions of this section or
of the conditions specified in any licence, the Minister may, after giving both
the holder of the licence and the society or institution in question an
opportunity of being heard, revoke the licence or suspend it for such period as
the Minister thinks fit. |
8. (1) No person shall practise, or hold himself out as
practising or as being prepared to practise, veterinary surgery unless he is
registered or licensed under the provisions of this Act, or if, being so
registered or licensed, he is suspended from practice under the provisions of
section 10 of this Act. | Restriction on practice of veterinary surgery. |
(2) No person,
unless he is registered, shall take or use the title of veterinary surgeon or
any name, title, addition or description implying that he is registered; and no
person, unless licensed, shall use any, name, title, addition or description
implying that he is licensed. |
(3) Without
prejudice to the provisions of subsections (1) and (2) of this section, no
person shall use in connection with any business carried on by him, or at any
premises at which such business is carried on, any description implying that he
(or any person acting for the purposes of such business) is registered or
licensed, when he or such person is not so registered or licensed, or possesses
any veterinary qualifications which he does not in fact possess. |
(4) Any person who
acts in contravention of any of the provisions of subsection (1), (2) or (3) of
this section shall be guilty of an offence and shall be liable on
summary conviction to a fine of two thousand dollars. |
(5) Where an
offence under this section by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect on the
part of, any director, manager, secretary or other similar officer of the body
corporate purporting to act in that capacity, he, as well as the body
corporate, shall be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly. |
(6) No prosecution
for an offence under this section shall be brought without the leave of the
Attorney-General. |
9. (1) The Minister may refer to the Board any matter
which appears to him prima facie to involve an allegation of
professional misconduct on the part of any person registered or licensed or
other circumstances which may render any such person unfit to practise
veterinary surgery, and it shall be the duty of the Board to investigate any such
matter or circumstances and to make recommendations to the Minister in respect
thereof. | Disciplinary proceedings by the Board. |
(2) The Board
acting under the provisions of subsection (1) of this section may recommend
that the name of any person be removed from the Register or the Supplementary
Register, as the case may be, or that any person be suspended from the practice
of veterinary surgery for any period not exceeding one year, in any case in
which the Board is satisfied that the person concerned- |
(a) has been
guilty of disgraceful conduct in any professional respect; or |
(b) has been
convicted, in The Bahamas or elsewhere, of a criminal offence, which, in the
opinion of the Board, renders him unfit to practise veterinary surgery; or |
(c) has
procured his name to be entered in the Register or the Supplementary Register
by fraud or false pretence. |
(3) In carrying
out any investigation in accordance with the provisions of this section the
Board shall send to the person concerned a notice in writing of the allegation
made and shall afford him an opportunity of being heard, either in person or
represented by a legal practitioner. |
(4) For the
purposes of an investigation made under the provisions of this section, the
Board may require evidence to be given on oath and the Chairman of the Board shall
have the power to administer any oath and to issue summonses under his hand
requiring the attendance of any person before the Board, at a time and place
specified in any such summons, to give evidence on oath or to produce any
document relevant to the subject matter of such investigation. Any such summons
shall be served as if it had been issued by a magistrate and the attendance
before the Board of any person so summoned, in case of default in compliance,
may be enforced by a magistrate, upon application made to him by the Chairman
of the Board, as if the proceedings before the Board were proceedings before
such magistrate under the provisions of the Magistrates Act, or any law for
the time being in force repealing and replacing that Act. |
10. (1) The Minister, acting in accordance with the
recommendation of the Board made under the provisions of section 9 of this Act,
may direct that any person, be suspended from the practice of veterinary
surgery for a period not exceeding one year, or that the Registrar shall remove
the name of any person from the Register or the Supplementary Register, as the
case may be. | Suspension from practice, removal of name from
register and appeals. |
(2) Before
directing the suspension or the removal of the name of any person under the
provisions of subsection (1) of this section the Minister shall serve notice in
writing of his intention upon the person concerned, together with a copy of, or
a summary of, the recommendation in that respect made to him by the Board. |
(3) Any person who
is aggrieved by any recommendation made by the Board for the removal of his
name or his suspension from practice, as provided by this section, may appeal
against such recommendation to the Supreme Court within such time and in such
manner as may be provided by rules made under section 76 of the
Supreme Court Act, but, pending the hearing of such appeal, such person shall
be deemed to be suspended from practice with effect from the date of service of
the notice referred to in subsection (2) of this section. In any such appeal
the Minister shall be named as the respondent. |
11. The Minister may make rules for the purposes of
this Act and without derogation from the generality of the power hereby
conferred such rules may- | Rules. |
(a) prescribe
fees for registration of veterinary surgeons; and |
(b) provide for
the procedure of the Board. |
SCHEDULE (Section 2) |
PART I
TREATMENT AND OPERATIONS WHICH MAY BE GIVEN OR CARRIED OUT BY UNQUALIFIED
PERSONS |
1.
Any treatment given to an animal by the owner thereof, by another member of the
household of which the owner is a member, or by a person in the employment of
the owner or of any other member of such household. |
2.
Anything done by a person engaged or employed in agriculture to an animal owned
by such person or by the person by whom he is ordinarily employed as an
agricultural worker. |
3.
The rendering in an emergency of first aid to any animal for the purposes of
saving life or relieving pain. |
4.
The destruction of any animal by painless methods. |
5.
The performance by any person of or above the age of eighteen years of any of
the following operations- |
(a) castration
or caponizing; |
(b) the
tailing of a lamb; |
(c) the
docking of the tail of a dog before its eyes are open; |
(d) the
amputation of the dewclaws of a dog before its eyes are open. |
PART II
EXCLUSIONS FROM THE PROVISIONS OF PART I |
Nothing
in Part I of this Schedule shall authorise the castration by an unqualified
person of any animal mentioned in the first column of the following table after
it has reached the age specified in relation thereto in the second column of
the said table- |
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TABLE
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Horse, pony, ass or
mule
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2
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years
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Bull
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15
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months
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Goat
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15
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months
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Ram
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15
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months
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Boar
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9
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months
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Cat
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6
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months
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Dog
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6
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months
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