S.I. No. 281/2022 - Veterinary Council of Ireland (Recognition of Qualifications and Registration of Veterinary Nurses) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th June, 2022.

ARRANGEMENT OF REGULATIONS

CONTENTS

The Veterinary Council of Ireland, in exercise of the powers conferred on it by section 52 and section 133 of the Veterinary Practice Act 2005 (No. 22 of 2005) (as amended), hereby makes the following regulations:-

Part 1

Preliminary

Citation

1. These regulations may be cited as the Veterinary Council of Ireland (Recognition of Qualifications and Registration) (Veterinary Nurse) Regulations 2022.

Commencement

2. These regulations come into operation on the 1^st July 2022.

Interpretation

“Act” means the Veterinary Practice Act 2005 (No. 22 of 2005), as amended;

“applicant” means a person applying for registration in the register;

“continuing veterinary education regulations” means the Veterinary Council of Ireland Continuing Veterinary Education for Veterinary Nurses Regulations 2020 as may be amended or replaced from time to time;

“Council” means the means the Veterinary Council of Ireland established under section 11 of the Act;

“fees regulations” means the Veterinary Council of Ireland (Fees) Regulations 2022, as may be amended or replaced from time to time;

“indemnity regulations” means the Veterinary Council of Ireland Indemnity Insurance Regulations 2020, as may be amended or replaced from time to time;

“limited registration” means registration under Section 96B of the Act;

“part of the register” means one of the four parts of the register as provided for in section 93 (4) of the Act and Part 2 of these regulations;

“premises accreditation regulations” means the Veterinary Council Of Ireland - Premises Accreditation Scheme (PAS) Regulations 2017 as may be amended or replaced from time to time;

“prescribed educational qualifications regulations” means Veterinary Council of Ireland (Prescribed Educational Qualifications) Regulations 2022 as may be amended or replaced from time to time;

“register” means the register referred to in section 93 of the Act;

“Registrar” means the chief executive officer of the Council appointed under section 23 of the Act;

“registration number” means the number attached to the registration of a registered person in the register;

“registered person” for the purpose of these regulations means a person registered under Part 8 of the Act;

“regulations of 2017” means S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017;

“veterinary nursing” has the meaning assigned to it in section 91 of the Act.

Part 2

The Register

Publication and inspection of the register

3. The register is maintained by the Council and is published and available for inspection in electronic form on the website of the Council.

4. The relevant extracts of the register will be available for inspection in accordance with the Council’s data protection obligations under Irish and EU law.

The register

5. The register contains four parts:

Part A-Veterinary Nurses, registered pursuant to sections 95(1), 95(7), 95A(1) and/or 96A;

Part B- Veterinary Nurses granted provisional registration, registered pursuant to section 96;

Part C-Veterinary Nurses permitted to provide services in the State on a temporary and occasional basis, registered pursuant to section 95(10) and/or 95A(4); and

Part D-Veterinary Nurses granted limited registration, registered pursuant to section 96B.

6. The register shall contain in respect of each registered veterinary nurse, the following information:

(a) Name;

(b) qualifications;

(c) gender;

(d) postal address, email address and telephone number(s) for correspondence;

(e) registration number;

(f) registration date;

(g) registration status (which may include particulars of any period of suspension from the register or any conditions attached to registration and compliance with such conditions);

(h) in the case of a veterinary nurse registered on Part C of the register the period for which the nurse is registered on Part C of the register;

(i) in the case of a veterinary nurse registered on Part D of the register the period for which the nurse is registered; and

(j) date of annual retention(s).

Part 3

Recognition of Qualifications and Registration in the Register

Scope of Part 3

7. This Part applies to a veterinary nurse seeking to be registered in the register, other than—

(a) a veterinary nurse applying for restoration of his or her registration under the Act; and

(b) a veterinary nurse applying for annual retention of his or her registration under Part 5.

Recognition of qualification as a veterinary nurse for the purposes of registration in Part A of the register

8. An applicant for registration as a veterinary nurse must satisfy the Council that he or she has the requisite qualifications by providing evidence to the Council that he or she —

(a) Is a person entitled to be registered under section 95(1) of the Act and has been awarded educational qualification(s) prescribed by the Council in the prescribed educational qualifications regulations;

(b) is a person entitled to be registered under section 95 (7) and/or the equivalent provisions in the regulations of 2017;

(c) is a person entitled to be registered under Section 95A(1) of the Act and/or the equivalent provisions in the regulations of 2017; and/or

(d) being a person who is not entitled to be registered under sections 95 or 95A, is a person pursuant to section 96A who has undergone programmes of training and education, passed examinations and obtained qualifications that are of a standard that is not lower than the standard of such programmes, examinations or qualifications that are, in the opinion of the Council, necessary for the practice of veterinary nursing in the State. In order that the Council may be satisfied that the standard that applies to the programmes of education and training undergone, examinations passed and qualifications obtained is not of a standard that is lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary nursing, it may require an applicant, to sit and pass an examination set by or on behalf of the Council in that regard.

Recognition of qualifications for the provision of services in the State on a temporary and occasional basis-Part C of the register

9. In the case of an application for registration for the provision of temporary and occasional services the applicant must satisfy the Council that he or she is a person entitled to be registered under section 95(10) and/or 95A(4) of the Act and / or the equivalent provisions in the regulations of 2017.

Criteria for Limited registration –Part D of the register

10. In the case of an application for limited registration under section 96B of the Act the applicant must satisfy the Council:

(a) that the person making the application is required, in the case of an application under section 96B to participate in the provision of approved programmes of education or further education; and

(b) that he or she has the requisite knowledge and skill for the purposes of section 96B.

Manner and form of application for registration in Parts A and D of the register

11. An application for registration in the register shall be made in such manner and form, including by electronic means, as may be published by the Council from time to time, and shall include:

(a) personal information in relation to the applicant, together with the appropriate evidence and or documentation as specified by the Council including:

(i) first name(s) and surname(s);

(ii) if applicable, any other name by which the applicant is known;

(iii) date and place of birth;

(iv) nationality;

(v) gender;

(vi) postal address for correspondence;

(vii) email address for correspondence;

(viii) contact telephone number(s);

(ix) languages spoken; and

(x) if applicable, place of work and position held.

(b) details of qualifications, together with the appropriate evidence and or documentation as specified by the Council;

(c) in the case of an application for limited registration:

(i) evidence that the person making the application is required to participate in the provision of approved programmes of education or further education; and

(ii) evidence that he or she has the requisite knowledge and skill for this purpose.

(d) details of the applicant’s registration history and professional experience, if applicable;

(e) details of the applicant’s current employment status. Where the applicant is employed, to include, details of the veterinary nurse’s employment in a registered veterinary premises, State premises or an exempted premises;

(f) a completed declaration as to English or Irish language competency if required by regulation 14;

(g) a completed fit and proper person declaration in accordance with regulation 16;

(h) a completed declaration that the veterinary nurse will adhere to the standards for veterinary nurses as may be published from time to time by the Council in the Code of Professional Conduct;

(i) a completed declaration in accordance with the indemnity regulations;

(j) a completed declaration that the veterinary nurse will adhere to the continuing veterinary education regulations;

(k) a completed declaration that the veterinary nurse will adhere to the premises accreditation regulations;

(l) a completed declaration that the veterinary nurse will uphold the honour, dignity and integrity of the veterinary profession, and promote the welfare of animals entrusted to his or her care and abide by the rulings of the Veterinary Council; and

(m) any further information or documentation requested by the Council.

12. Where an applicant has held veterinary nurse registration previously with the Council or with any licensing or registration veterinary nursing body, the application shall include, in addition to the matters required under regulation 11:

(a) details of all veterinary nurse registrations currently or previously held by the applicant, including, in the case of an applicant previously registered with the Council, the registration number associated with such registration; and

(b) evidence of the applicant’s good standing or current professional status in relation to all veterinary nurse registrations currently or previously held by the applicant.

13. An application form for registration in a part of the register shall be completed in full and dated by the applicant, and the applicant shall pay the fee prescribed in the Council’s fees regulations.

Language competence

14. (1) An applicant must complete a declaration as to English or Irish language competency in such form as may be prescribed by the Council from time to time.

(2) An applicant shall not be registered in the register unless he or she provides, on request, acceptable evidence of language competence as determined by the Council from time to time and set out on the Council’s website.

(3) This section does not apply to eligible persons entitled to be registered under section 95(1).

Temporary and Occasional Services-Registration in Part C of the register

15. An application for registration in the register shall be made in such manner and form as may be published by the Council from time to time, in accordance with the requirements of the regulations of 2017.

Part 4

Common Provisions for registration in Parts A and D of the register, Retention on the register and Removal of name from the register

Fit and Proper Declaration

16. (1) An applicant must complete a declaration to the effect that he or she is a fit and proper person to engage in the practice of veterinary nursing in the State, in such form as may be prescribed by the Council from time to time. Such form shall include declarations that the applicant:

(a) is of good character and repute and is not an undischarged bankrupt;

(b) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such to render the person unfit to practise veterinary nursing;

(c) is not aware of any prosecution(s) or disciplinary action pending in the State or in any other jurisdiction; and

(d) is not prohibited from practising or suspended from the practice of, veterinary nursing either under Part 7 of the Act or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary nurse.

(2) An applicant must provide such further information in relation to issues raised in the declaration referred to in paragraph (1) as may be requested by the Council.

Part 5

Annual retention of registration in register

Requirement to apply for retention of registration

17. A registered person other than a person registered in Part C of the register, shall on or before 31 December each year, apply for retention of his or her name in the register for the following year by:

(a) paying the fee prescribed in the Council’s fees regulations;

(b) applying for retention of his or her name in the register annually by way of the relevant retention form specified by the Council from time to time;

(c) furnishing a completed declaration in accordance with the indemnity regulations.

18. Where a registered person applies to retain his or her registration after 31 December as set out in regulation 17, an additional fee, as may be prescribed by the Council in the fees regulations, may become payable.

19. The Council shall not consider an application for retention to be valid without completion of the relevant form and payment of the relevant fees.

20. The retention of a registered person’s name on the relevant part(s) of register shall be for the calendar year (01 January to 31 December) for which he or she has applied.

21. This Part shall not apply to a person registered in Part C of the register.

Part 6

Additional Qualifications

22. An application by a registered person for entry of additional qualifications in the register pursuant to section 50 of the Act, shall be made in such manner and form as may be published by the Council from time to time, including by electronic means, and shall be accompanied by the appropriate fee as prescribed in the Council’s fees regulations.

23. Where the Council decides to enter a qualification on the register, it shall send that registered person a certificate stating that such additional qualification has been entered in the register.

Part 7

Removal from the register

24. An application by a veterinary nurse for the removal of his or her name from one or more part(s) of the register, shall be made in such manner and form as may be published by the Council from time to time, including by electronic means.

25. The applicant shall pay the fee prescribed in the Council’s fees regulations.

Part 8

Use of contact details

26. The Council, and any committee established by it under the Act, or the Registrar may use any of the contact details provided by any person to the Council in the course of an application under these regulations, for the purpose of providing any information or formal notification to that person, as the Council considers necessary, to include information or a notification in relation to fitness to practise matters.

Part 9

Revocations and transitional provisions

27. The Council will consider all applications under these regulations from the 1^st July 2022.

GIVEN under the Official Seal of the Veterinary Council of Ireland,

9 June, 2022.

VIVIENNE DUGGAN,

President.

NIAMH MULDOON,

Registrar.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations set out the requirements regarding the registration of veterinary nurses and recognition of their qualifications and annual retention. The regulations also set out the requirements for the removal of veterinary nurses from the register and the requirements for the entry of additional qualifications to the register.

These regulations may be cited as the Veterinary Council of Ireland (Recognition of Qualifications and Registration) (Veterinary Nurses) Regulations 2022.

These Regulations come into operation on the 1^st July 2022.