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 legal obligations to the Veterinary Surgeons Act as a registered veterinary surgeon in Queensland.

2. REFERENCE SOURCE http://www.vsb.qld.gov.au/
Veterinary Surgeons Board of Queensland web:
/final year lecture.html - presentation
/humanside.html - talking to clients
/relationships.html - a practical approach to relationships (clients, vets, Veterinary Surgeons Board)
/drugspoisons1996.html - Qld Health requirements
/actsofveterinaryscience.html – determinations/interpretations

3. 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.
Veterinary Surgeons Act An Act relating to the qualifications and registration of veterinary surgeons; and the regulation and control of the practice of veterinary science.
A) The Act and its subordinate legislation lays down the criteria whereby a person can be adjudged to be suitably qualified to practise veterinary science in Queensland. If suitably qualified, the legislation prescribes the procedure whereby the person can be registered in Queensland.
B) The Act provides for the constitution of a Veterinary Surgeons Board and a Veterinary Tribunal which work together to maintain and improve the standard of veterinary practice in the state.
This is achieved through:
(i) ensuring that registered vets are fit and proper persons to practise;
(ii) investigating complaints concerning individual practitioners and disciplining those persons when warranted;
(iii) monitoring and regulating the establishment and standard of veterinary premises;
(iv) ensuring that lay persons are not engaged in the performance of veterinary procedures for fee and reward;
(v)    advising the Minister on changes to legislation that are required to meet present day needs.
The State Government Minister for Primary Industries has been charged with the administration of the Act since the time of enactment of the Veterinary Surgeons Act.
Similarly, the veterinary profession is regulated in each state/territory of Australia by a veterinary board responsible to the government of that state/territory.
However, ‘veterinary science’ does not include an act done for animal husbandry or animal dentistry prescribed under a regulation not to be veterinary science.

4. RESTRICTION OF VETERINARY PRACTICE
It is an offence for someone who is not a veterinary surgeon to practise veterinary science.
Except:
If other than for fee or reward (in which case the regulating statutes are the Animal Care and Protection Act 2001; and/or the Health (Drugs and Poisons) Regulation 1996); or
When studying or qualifying in veterinary science whilst under the supervision of a veterinary surgeon.

5. Spaying cattle using the Willis dropped ovary technique;
PRESCRIBED EXCLUSIONS TO VETERINARY SCIENCE IN QUEENSLAND (NOT UNIFORM ACROSS JURISICTIONS)
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

6. EXCLUDED PROCEDURES (Continued)
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. (Refer to Web Link – acts of veterinary science)

7. COMPOSITION OF BOARD Nominated by Minister
Chairperson – senior veterinary surgeon of state government
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
The 'Veterinary Surgeons Board of Queensland' is constituted to exercise and discharge the powers, authorities, duties and functions conferred upon it by the Act.
Composition of the Board is -
(i) a Chairperson who in addition to being a veterinary surgeon, is a senior officer of the DPI and is nominated for office by the Minister for Primary Industries;
(ii) two veterinary surgeons nominated by the Minister, one of whom is traditionally an eminent veterinarian from the University of Queensland Veterinary Faculty and is appointed as Deputy Chairperson;
(iii)         two (2) members who are elected by veterinary surgeons from amongst themselves;
(iv)         one person nominated by the Minister who is not a veterinary surgeon.
Office is for a term of three years and members are eligible for re-appointment.
The Chairperson holds office at the pleasure of the Governor-in-Council.
The Board meets as often as is necessary to administer the Act.
To carry out the administrative duties of the Board, the Act provides for the appointment of a Registrar who is also an officer of the public service employed in DPI.

8. REQUIREMENT FOR REGISTRATION
Registration must be sought in each individual State or Territory in Australia in which it is intended to practise before committing to practice.
If intending to practise overseas, registration must first be sought 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 in any place or circumstance.

9. 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.
Offences are processed through the Magistrates Court judicial system. A veterinary surgeon responsible for employing an unregistered person to practise veterinary science commits an offence with serious penalties.
The professional indemnity insurance of an employer may not apply in the event of a claim where a person not a registered veterinary surgeon is the respondent in the claim.

10. HOW TO REGISTER
Registration forms are made available to the Head of School office and can be printed from the Veterinary Surgeons Board of Queensland website.
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. (Typically references are sought from course lecturers)
Application must be accompanied by proof of identity.
Registration is renewable annually at end of calendar year. Pro rata fees for less than a calendar year do not apply but registration issued after 1 November are effective until the end of the following calendar year.

11. PROGRESS TO SPECIALIST REGISTRATION
A registered veterinary surgeon is entitled to be registered as a veterinary specialist if the veterinary surgeon 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.
A veterinary surgeon is entitled to be registered as a veterinary specialist if the person satisfies the Board that
(i) the person has gained special skill in the veterinary specialty with respect to which the person applies to be registered;
  (ii) the special skill was gained in practising veterinary science for a period of at least five years;
  (iii) the person is the holder of a recognised qualification that relates to that specialty.
The recognised qualification is basically confined to a fellowship by examination of the Australian College of Veterinary Scientists or a Diploma of an American College or the Royal College.
It is an offence for a person who is not a registered veterinary specialist to use a title that consists of, or includes the words ‘veterinary specialist’, or an abbreviation of the words or another title or name suggesting in the context that the person is a specialist.

12. PROFESSIONAL MISCONDUCT
The term ‘misconduct in a professional respect’ cannot be limited to specifics, but the Act recognises some common examples such as -
Negligence or incompetence in the practice of the profession
Addiction to alcohol or drugs
Signing in a professional capacity, an incomplete, false or misleading certificate
Failure to comply with or contravention of any law with respect to scheduled drugs
Fraud or deception
Conviction of an offence involving cruelty to animals
Where the Board is of the opinion that there is sufficient evidence available to establish a prima facie case of professional misconduct against the veterinary surgeon, it may proceed to make a determination as to whether the person should be punished for that misconduct or it may cause a charge to be drawn against the veterinary surgeon and refer the charge to the Tribunal for hearing and determination.
If the Board elects to deal with the matter, the veterinary surgeon is given the opportunity to either make written representations to the Board in defence of the allegations or more usually the person is invited to appear before the Board personally to explain his/her actions.
No legal representation by either party is provided for if the Board determines the matter.
If the veterinary surgeon is found guilty by the Board, the following penalties can be imposed:-
(a) monetary penalty not exceeding $750.00; or
(b) admonishment or reprimand; or
(c)    adjournment of proceedings for twelve months at which time the matter is again
considered (behaviour during that twelve months is then considered).
The more serious matters are referred to the Tribunal for hearing. Charges are laid and the hearing takes the form of a court hearing. The Tribunal can be assisted in adducing evidence by a barrister/solicitor and the respondent may have legal representation.
Penalties range from admonishment or reprimand to monetary penalties up to $ or ultimately, suspension or removal of the person’s name from the Register of Veterinary Surgeons. Removal from the Register in this way effectively means the person is not able to work as a veterinary surgeon anywhere in Australia and it would adversely affect registration eligibility overseas.

13. MISCONDUCT (Continued)
Conducting a veterinary practice under a business name at premises not approved for the range of veterinary services provided thereat.
Failure to comply with conditions of a premises approval and failure to keep premises and equipment in clean and sanitary condition
Failure to keep records in the prescribed form
Directing or allowing a person who is not a veterinary surgeon to practise veterinary science on an animal under the veterinary surgeon’s care
The Board may also apply to the Tribunal for an order to remove the name of a veterinary surgeon from the Register if the person is convicted of an offence, whether indictable or not which in the Board's opinion renders the person unfit for practice.
There is also provision for a veterinary surgeon to be referred to a medical committee for assessment as to whether or not the person is medically fit to practice.
The Act also makes provisions for charges to be laid against lay persons proven to be performing acts of veterinary science for fee or reward. The outcome of such charges is determined in a Civil Court and the penalty is determined by the Magistrate within the guidelines.
Certain operations commonly done in or in connection with animal husbandry or animal dentistry are however, excluded from the general consideration relating to veterinary practice. This enables unregistered persons, in particular circumstances, to undertake procedures such as castrating, spaying, artificial inseminating, dehorning, tailing and mulesing and filing of teeth on nominated species with age limitations and method of procedure applied in some cases.

14. QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (QCAT)
 QCAT has jurisdiction to conduct disciplinary proceedings involving allegations of professional misconduct by a veterinary surgeon determined by the Board to be of a serious nature.
For QCAT proceedings, the tribunal is constituted by –
1 legally qualified member; and
2 members who are veterinary surgeons.
Only QCAT has the jurisdiction to order that a veterinary surgeon’s name be removed or suspended from the Register of Veterinary Surgeons.
 The 'Veterinary Tribunal of Queensland' is similarly constituted to exercise and discharge the powers conferred upon it by the Act.
 The Tribunal consists of three members of whom -
(i) one shall be a barrister, solicitor, stipendiary magistrate or has been a stipendiary magistrate - this person is nominated by the Minister;
  (ii) one shall be a vet nominated by the Minister;
  (iii) one shall be a vet nominated by the AVA (Qld Div)
The Tribunal has jurisdiction to hear and determine any charge alleging misconduct in a professional respect or any claim that a person is unfit to practise for criminal or medical reasons.
 The Tribunal sits only when a charge, or application to de-register, is referred to it by the Board for hearing.
 The Registrar of the Board is also the Registrar of the Tribunal.

15. CONTINUING VETERINARY EDUCATION (CVE) CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
Veterinarians are lawfully required to keep a record of all CVE/CPD undertaken;
CVE/CPD is not a mandatory condition for renewal of registration to practice;
The Board may rely on CVD/CPD records to evaluate competency in the event of a complaint investigation and may seek CVE/CPD undertakings as a result
A regulation has been introduced which provides that all veterinary surgeons must keep a record of the continued veterinary education undertaken by that person for production to the Board on request.
In any professional misconduct proceedings, a veterinary surgeon’s standard of practice is judged relative to the degree of care and skill expected of an ordinary competent veterinary surgeon in the practice of the profession. Continuing veterinary education is essential to maintain professional knowledge and skills and an ordinary competent veterinary surgeon is expected to undertake such training.
High levels of professional responsibility and accountability are demanded of veterinary surgeons due to increasing public expectations of veterinary professional service. High standards of veterinary science skills are required to maintain and advance the cause of animal welfare.
The use of complex technology has become routine in veterinary science and the body of knowledge required of veterinary surgeons is constantly increasing. To maintain professional competency in the face of technological and intellectual advances, continuing training and practice is required.
It is hoped that a mandatory requirement to keep a record of CVE undertaken will help ensure that veterinary surgeons maintain their level of skills and knowledge at a contemporary level from the time of graduation onwards.
Extract from AVA Code of Professional Conduct, ‘The law is a floor, not a ceiling. Everyone is required not to go below that which the law requires. Beyond law there is ethics, a group consensus as to what is right. Beyond ethics there is personal morality, the individual sense of what is right and wrong’.

16. PROFESSIONAL ETHICS AND CODE OF PRACTICE
Ethical behaviour to accord with AVA Code of Professional Conduct.
AVA Code of Professional Conduct is not established by statute.
The Board may rely on the codes, policies and expertise of the AVA as the peak professional body representing veterinarians in determining standards of practice and conduct.

17. RELATIVE STATUTORY RESPONSIBILITIES
Veterinary Premises
Local authority approval required
Board approval required
Minimum standards apply depending on range of services
Courtesy Title Doctor
Nothing prevents a registered veterinarian using the title in association with the veterinarian's name and words to indicate the profession of registration eg veterinary surgeon or registrable qualification.
Additional Qualifications
Additional qualifications not relative to veterinary science may be used by veterinarians but always after the primary registrable veterinary science degree and post graduate veterinary qualifications.
Primary Statutory Responsibilities to: 
Veterinary Surgeons Act 1936
Health (Drugs and Poisons) Regulation 1996
Radiation Safety Act 1999 (Use and Possession)
The Animal Care and Protection Act 2001
The Queensland Veterinary Surgeons Act confers on veterinary surgeons the legal right to use the courtesy title 'Dr' if the person uses the title followed by –
a)             the person’s name; and
b)             words or abbreviations indicating that the person is a veterinary surgeon.
eg Dr John Smith BVSc
Dr John Smith, veterinary surgeon

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. HARMONISATION NATIONALLY OF REGULATORY STANDARDS
The Australasian Veterinary Board Council Inc is established 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;
uniform criteria for recognition of qualifications for registration;
provision of advice on matters concerning the occupational regulation of veterinary surgeons, including general and specialist registration; and
harmonisation of the standards, regulations and quality assurance of veterinary services provided to the community.
The state and territory veterinary boards of Australia, the Veterinary Council of New Zealand, the Australian and New Zealand Veterinary Associations are members of AVBC Inc.