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Registration of veterinary nurses.
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6.— The following sections are inserted after section 96 of the Principal Act:
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“Registration of persons who would not otherwise qualify for registration under section 95 or 96.
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96A.— (1) The Council, on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52(1), and on payment to it of the fee prescribed under section 33, shall register the person as a veterinary nurse.
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(2) Registration of a person under subsection (1) may be for such period as decided by the Council.
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(3) This subsection applies to a person who—
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(a) does not qualify for registration under section 95 or 96,
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(b) subject to subsection (9), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary nursing in a state other than of the State that, in the opinion of the Council, are of a standard that is not lower than the standard of such programmes, examinations or qualifications in the State necessary for the practice of veterinary nursing,
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(c) shows to the satisfaction of the Council that he or she has sufficient language skills for the purpose of the practice of veterinary nursing in the State,
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(d) is of good character and repute and is not an undischarged bankrupt,
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(e) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary nursing, and
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(f) is not prohibited from practising, or suspended from the practice of, veterinary nursing, either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of—
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(i) a conviction for an offence, or
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(ii) serious misconduct,
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in connection with the carrying out of professional duties as a veterinary nurse.
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(4) Registration of a person under this section may, if the Council decides that it is appropriate to do so, be subject to a condition that the practice of veterinary nursing by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.
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(5) If the Council decides that a person who applies to it for registration under this section should not be so registered or, that the person should be so registered subject to a condition imposed as respects supervision under subsection (4), it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.
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(6) A person who receives a notification under subsection (5) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.
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(7) On the hearing of an appeal under this section, the High Court may make—
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(a) an order affirming or setting aside any decision of the Council relating to the application for registration, or imposition of the condition as respects supervision concerned,
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(b) an order remitting the application for registration or decision to impose the condition, with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or
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(c) any other order that it considers appropriate.
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(8) Nothing in this section shall prevent the Council from exercising its functions pursuant to section 13(2)(m).
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(9) 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 a person to whom subsection (3) applies, to sit and pass an examination set by or on behalf of the Council in that regard.
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Limited registration — veterinary nurses.
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96B.— (1) Notwithstanding any provision of this Act, subject to subsection (4), and, on satisfying itself of the need to effect registration under this section for the purpose specified in subsection (2), the Council—
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(a) on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52(1), and
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(b) on payment to it of the fee prescribed under section 33,
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shall register the person as a veterinary nurse with limited registration.
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(2) The Council shall be satisfied that the person making the application is required to participate in the provision of approved programmes of education or further education before registering the person.
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(3) This subsection applies to a person who—
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(a) satisfies the Council that he or she has the requisite knowledge and skill for the purposes of subsection (2),
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(b) is of good character and repute and is not an undischarged bankrupt,
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(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purposes of subsection (2),
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(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary nursing, and
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(e) is not prohibited from practising, or suspended from practice of, veterinary nursing, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of—
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(i) a conviction for an offence, or
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(ii) serious misconduct,
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in connection with carrying out of professional duties as a veterinary nurse.
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(4) Limited registration of a person may be made subject to such conditions as the Council considers it appropriate to impose, including conditions specifying—
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(a) the duration of such registration,
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(b) the places where the person may practise veterinary nursing,
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(c) the class or classes of treatments or procedures that may be carried out by the person.
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(5) The Council may amend any conditions imposed under subsection (4) during the period of registration under this section where it is of opinion that it is appropriate to do so.
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(6) The Council shall enter any conditions imposed under subsection (4), or any amendments to them, in the Register and in the certificate of registration that is issued to the person concerned.
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(7) A person who is registered under this section shall not put himself or herself forward for election, and shall not vote in respect of an election of members to the Council unless the person has been so registered for not less than 3 consecutive years.
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(8) If the Council decides that a person who applies to it for limited registration should not be so registered, or that the person should be so registered subject to conditions, or that the conditions imposed under subsection (4) should be amended, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.
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(9) A person who receives a notification under subsection (8) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.
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(10) On the hearing of an appeal under this section, the High Court may make—
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(a) an order affirming or setting aside any decision of the Council relating to the application for limited registration concerned or to amend any conditions subject to which a person has been registered,
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(b) an order remitting the application for limited registration or the decision to impose conditions or to amend conditions imposed by the Council in relation to such registration, with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or
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(c) any other order that it considers appropriate.”.
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