Veterinary Practice (Amendment) Act 2012

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.”.