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22 2005

Veterinary Practice Act 2005

PART 8

Veterinary Nurses

Interpretation (Part 8).

90. —In this Part, except where the context otherwise requires—

“Board” means the Veterinary Nurses Board;

“provisionally register” means register under section 96 and “provisional registration” shall be construed accordingly;

“veterinary nursing” has the meaning given to it by section 91 .

Veterinary nursing.

91. —(1) Subject to section 92 “veterinary nursing” means carrying out any procedures to which subsection (2) applies and other cognate phrases shall be construed accordingly.

(2) This subsection applies to the following procedures on animals:

(a) those carried out by a veterinary nurse, while assisting and in the presence of a veterinary practitioner—

(i) holding and handling tissue during performance of surgical procedures,

(ii) assisting in the administration of sedation, pre-medication, anaesthetics, analgesics, the termination of anaesthesia, and the performance of endotracheal intubation,

(iii) assisting at the performance of surgical procedures that are not minor,

(iv) assisting at the performance on an animal of a caesarean section operation or other surgery to assist her to give birth to her young,

(v) the administration of medication intraosseously, enterically, by inhalation or by intravenous injection;

(b) those carried out by a veterinary nurse, under the direction of a veterinary practitioner—

(i) the administration of medication intravenously or subcutaneously, provided that the medication is being administered for the purposes of rehydration or fluid therapy,

(ii) catheterisation, surgical treatment of abscesses and ulcers, application of external casts and cutaneous suturing,

(iii) the taking of images by x-ray,

(iv) the carrying out of minor medical procedures or minor surgery;

(c) procedures standing prescribed under section 92 and, if the carrying out of any such procedures is made subject to conditions specified under that section, those procedures if carried out in compliance with those conditions.

(3) In paragraphs (a)(iii) and (b)(iv) of subsection (2), “minor” relates to a medical procedure or surgery that does not involve entry into a body cavity (other than a medical procedure to which subparagraph (i) or (ii) of subsection (2)(b) relates).

Prescribing procedures to which section 91 (2) applies.

92. —(1) Subject to subsection (2), the Minister may, for any purpose specified in subsection (3), prescribe procedures, in addition to those specified in paragraphs (a) and (b) of section 91 (2) to which that subsection applies.

(2) Before prescribing procedures under subsection (1), the Minister shall consult with the Council and the Board.

(3) The purposes referred to in subsection (1) are—

(a) taking account of—

(i) technological improvements in relation to diagnosing a matter referred to in section 53 (1)(a)(i),

(ii) the competence of veterinary nurses to carry out treatments or procedures or administer an animal remedy, due to improvements in programmes of education or further education,

(b) giving effect to—

(i) any provision of the Treaties governing the European Communities,

(ii) any regulation, directive, or other act adopted by an institution of the European Communities, or

(iii) a judgement of the European Court of Justice, relating to the practice of veterinary nursing,

(c) regulating and ensuring the proper practice of veterinary nursing in the State,

(d) ensuring the adequate provision of veterinary nursing services in the State,

(e) maintaining and improving standards of public health in the State, or

(f) maintaining and improving standards of animal health and welfare in the State.

(4) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide that any procedure specified in the regulation shall be carried out in compliance with conditions so specified, including a condition that—

(a) the carrying out of the procedure is supervised by a veterinary practitioner, or

(b) specified equipment is used by the veterinary nurse in carrying out the procedure.

(5) Every regulation made by the Minister under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within 21 days on which that House has sat after the regulation is laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Establishment of Register of Veterinary Nurses.

93. —(1) Not later than 2 years after the establishment day, the Council shall establish a Register of Veterinary Nurses to be known as the “Register of Veterinary Nurses”.

(2) The Council shall publish a notice in not less than 2 daily newspapers circulating in the State, of the establishment of the Register of Veterinary Nurses and the date of such establishment.

(3) The Council shall maintain the Register of Veterinary Nurses.

(4) The Register of Veterinary Nurses shall—

(a) be in such form as the Council shall specify, and

(b) indicate whether each person whose name is registered in it is fully registered or provisionally registered.

(5) A person shall be registered as a veterinary nurse by the entry in the Register of Veterinary Nurses, relating to that person, of—

(a) his or her full name and address,

(b) where appropriate, the educational qualifications, as prescribed, that apply,

(c) where appropriate, confirmation of compliance with any regulations under section 52 that apply, and

(d) such other particulars (if any) as may be prescribed under section 52 .

General matters relating to registration of veterinary nurses.

94. —(1) A veterinary nurse ceases to be registered under this Part when his or her name is removed from the Register of Veterinary Nurses.

(2) As soon as possible after the Council has entered a person's name on the Register of Veterinary Nurses, it shall send a certificate to that person that certifies that his or her name has been entered in that register and whether he or she is fully or provisionally registered, and, if appropriate, any conditions attaching to such entry.

(3) For the purposes of this Part, sections 37 and 38 shall be construed as if, in addition to references to the Register where they appear in those sections, reference is also made to the Register of Veterinary Nurses, with any necessary modifications.

Registration as veterinary nurse.

95. —(1) The Council, on application to it in writing in that behalf by a person to whom subsection (2) applies, in accordance with regulations made under section 52 (1) and, on payment to it of the fee fixed under section 33 , shall register the person as a veterinary nurse.

(2) This subsection applies to a person who—

(a) has undergone programmes of education, and acquired educational qualifications prescribed under section 65 ,

(b) is of good character and repute and is not an undischarged bankrupt,

(c) 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,

(d)   (i) is not prohibited or suspended from registration under Part 4, or

(ii) is not prohibited from practising or suspended from the practice of veterinary medicine,

either under Part 7 or provisions similar 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 surgeon,

(e) is not prohibited from practising or suspended from the practice of, veterinary nursing either under Part 7 or provisions similar 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,

(f) is not a veterinary practitioner.

(3) A veterinary nurse ceases to be registered under this Part when his or her name is entered in a part of the Register.

(4) If the Council decides that a person who applies to it for registration as a veterinary nurse should not be so registered, 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.

(5) A person who receives a notification under subsection (4) 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.

(6) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

(b) an order remitting the application for registration with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

(c) any other order that it considers appropriate.

Provisional registration as veterinary nurse.

96. —(1) The Council, on application to it in writing in that behalf by a person to whom subsection (2) applies, in accordance with regulations under section 52 (1), and, on payment to it of the fee prescribed under section 33 , shall provisionally register the person as a veterinary nurse.

(2) This subsection applies to a person who—

(a) applies for provisional registration as a veterinary nurse within 6 months of the day of the establishment of the Register of Veterinary Nurses,

(b) was practising as a veterinary nurse on the 27th October 2004 and continued so acting in a whole time capacity, under the supervision of a veterinary practitioner, until the day of the establishment of the Register of Veterinary Nurses,

(c) undertakes to participate in an approved programme of education appropriate to veterinary nurses as prescribed, and

(d) complies with paragraphs (b), (c), (d), (e) and (f) of section 95 (2).

(3) If the Council decides that a person who applies to it for provisional registration as a veterinary nurse should not be so registered, 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.

(4) A person who receives a notification under subsection (3) 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.

(5) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

(b) an order remitting the application for registration with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

(c) any other order that it considers appropriate.

(6) Provisional registration under this section shall cease 5 years after the day on which the Register of Veterinary Nurses is established.

(7) Notwithstanding this Act and save where otherwise provided by law, a person who is provisionally registered as a veterinary nurse under this section may practise veterinary nursing.

Offences in relation to practice of veterinary nursing or use of title.

97. —(1) Subject to section 55 and 59, nothing in this Act shall be construed as permitting a veterinary nurse to practise veterinary medicine, other than to the extent that it consists of the practice of veterinary nursing.

(2) Subject to sections 55 and 59, a person, in the case of paragraph (a), other than a registered person, and in the case of paragraphs (b) and (c), other than a veterinary nurse, shall not—

(a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary nursing,

(b) use the title or description that would give the impression that he or she is registered under Part 8 such as “veterinary nurse” or any abbreviation or derivative of them, either alone or in connection with any other title or description, or

(c) represent that they are registered on the Register of Veterinary Nurses.

(3) A body corporate shall not—

(a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary nursing,

(b) represent itself as registered on the Register of Veterinary Nurses,

(c) represent itself as prepared to do or perform any act matter or thing the doing or performance of which constitutes part of the practice of veterinary nursing.

(4) Subject to section 55 where a person who is not a registered person treats, by the practice of veterinary nursing, whether for reward or otherwise, an animal the property of another person, he or she shall be taken to have represented that he or she is a veterinary nurse.

(5) A person who contravenes this section is guilty of an offence.

(6) A person who is guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both,

(b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000, or to imprisonment for a term not exceeding 5 years, or to both,

(ii) in the case of a second or subsequent offence, to a fine not exceeding €320,000, or to imprisonment for a term not exceeding 10 years, or to both.

(7) Subsections (2) and (3) shall come into operation on the day that is 6 months after the day on which the Register of Veterinary Nurses is established.

Establishment of Board.

98. —(1) Where the Minister is satisfied that—

(a) there is a sufficient number of veterinary nurses in the State to justify the establishment of a body to regulate veterinary nurses and the practice of veterinary nursing in the State, or

(b) the establishment of such a body would contribute to the regulation of the practice of veterinary nursing or the practice of veterinary medicine (other than veterinary nursing) in the State,

he or she may, after consultation with the Council, make an order providing that as on and from such a day as may be appointed by the order (in this Part to be known as the “appointed day”), there shall stand established a body which shall be known as Bord Altraí-Tréidliachta na hÉireann or, in the English language, the Veterinary Nurses Board of Ireland, and in this Act referred to as the “Board”, to perform the functions conferred on it by or under this Act.

(2) The Board is a body corporate with perpetual succession and it has power to sue and it may be sued in its corporate name and may acquire, hold and transfer property, or an interest in property both real and personal.

Procedure of Board.

99. —(1) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

(2) The Minister shall make regulations under paragraph (f) of section 102 (1) and subparagraphs (a)(iv) and (b)(iv) of section 102 (2) for the purposes of this section.

Functions of Board.

100. —The principal function of the Board is to perform the functions in relation to veterinary nurses and the practice of veterinary nursing vested in the Council and, accordingly, those functions shall become and be transferred from the Council to the Board and stand vested in the Board as on and from the appointed day.

Transitional arrangements in relation to functions of Board.

101. —(1) Notwithstanding section 100 , any performance of a function transferred by that section that was begun, but not completed—

(a) by the Council, arising from its functions under Part 6, or the Education Committee,

(b) by the Council, arising from its functions under Part 7, the Preliminary Investigation Committee or the Fitness to Practise Committee,

may be completed by the Council, the Education Committee, the Preliminary Investigation Committee or the Fitness to Practise Committee after that day.

(2) Regulations made under this Act by the Minister or the Council before the establishment of the Board, that apply to veterinary nurses or veterinary nursing shall not be affected by such establishment, and such regulations, where they refer and apply to the Council, shall, in so far as they relate to veterinary nurses or veterinary nursing, be read as if they referred and applied to the Board.

Regulations in respect of Board.

102. —(1) Where the Minister proposes to make or has made an order under section 98 , he or she shall by regulations, provide for the following matters in respect of the Board:

(a) the appointment of its members by the Minister;

(b) the number of its members, which shall be at least 12 and not more than 15;

(c) its composition, which shall include—

(i) at least 4 persons who are appointed by the Minister whom he or she considers to be representative of those who have qualifications and experience in relation to—

(I) animal welfare,

(II) training and education in veterinary nursing,

(III) food safety,

(IV) consumer matters,

whom the Minister considers would be of value to that Board in the performance of its functions,

(ii) at least 3 persons nominated by the Council for appointment of whom one person shall be a member of the Council and one person shall be registered or eligible to be registered under Part 4,

(iii) at least 5 persons who are registered veterinary nurses who are chosen for such appointment in accordance with rules made under subsection (4);

(d) the appointment by the Minister of 5 persons whom he or she considers representative of the persons eligible to be elected members of the Board pending the holding of elections under rules made by the Board pursuant to subsection (4);

(e) the appointment to the Board by the Minister of those persons elected pursuant to rules made under subsection (4) and the cessation from membership of the Board of those persons appointed to the Board for the purposes of paragraph (d);

(f) the seal, elections, membership, president, and meetings of the Board in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 2;

(g) the staff of the Board, including its Registrar, and all matters affecting staff, disclosure of information, disclosure of interests, membership of a House of the Oireachtas or the European Parliament;

(h) the functions of the Board's Registrar;

(i) the accounts and audits of the accounts of the Board;

(j) gifts to the Board;

(k) the expenses of the Board and the Minister.

(2) Regulations made under subsection (1) shall provide for the following matters that are consequential or supplemental to the exercise of the functions transferred to the Board:

(a) the number and composition of committees to exercise a function as respects fitness to practise (including preliminary investigation), in relation to which the Minister shall provide—

(i) that members of any such committee, other than the chairperson, are members of the Board,

(ii) that other than the chairperson, any such committee shall consist of an equal number of registered persons and non-registered persons,

(iii) that the chairperson of any such committee that performs functions corresponding to those of the Fitness to Practise Committee shall not be a member of the Board and shall be appointed in the same manner as the chairperson of the Fitness to Practise Committee is appointed under section 71 ,

(iv) for the membership, chairperson and meetings of the committees in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

(b) the number and composition of a committee to exercise a function as respects education and training, in relation to which the Minister shall provide—

(i) that the exercise of its functions shall be subject to consultation with the Council,

(ii) that only members of the Board shall be members of the committee,

(iii) that the committee shall consist of an equal number of registered persons and non-registered persons,

(iv) for the membership, chairperson and meetings of the committee in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

(c) if appropriate, transfer of documentation and information acquired by authorised officers following on inspections under Part 9, or investigations under Part 10;

(d) if appropriate, the transfer of matters relating to the administration of the affairs of the Council, from the Council to the Board;

(e) the establishment of committees, other than those referred to in paragraphs (a) and (b), by the Board to perform the functions of the Board;

(f) if appropriate, prescribing fees in relation to performance by the Board of its functions or provision of services by it before the Board makes regulations under section 33 ;

(g) any other such matters as the Minister considers appropriate.

(3) Regulations made under subsection (1) may provide for procedures for the nomination and election of the first members to be appointed to the Board and, for the purposes of facilitating the appointment of the first members, may provide for such nomination or election by the persons concerned before the Minister makes the Order under section 98 .

(4)  (a) The Board shall make rules for the purpose of—

(i) the election of persons for appointment by the Minister as members of the Board, pursuant to regulations made under subsection (1) for the purposes of paragraphs (a) and (c)(iii) of that subsection,

(ii) where appropriate, the election of a person for appointment by the Minister as a member of the Council pursuant to section 16 (1)(i).

(b) The elections referred to in paragraph (a) shall be held on a ballot and in a manner provided for by the rules.

(c) Rules made under paragraph (a) may provide for such incidental supplementary and consequential provisions as the Board considers necessary or expedient.

(d) Without prejudice to the generality of paragraphs (a) and (c), rules may make provision in relation to—

(i) returning officers,

(ii) ballot papers,

(iii) date of election,

(iv) any other matter that, in the opinion of the Board, is required for the purposes of the election of persons for appointment as members of the Board, or where appropriate, a member of the Council.

Conferral of additional functions on Board

103. —(1) The Minister may by order—

(a) confer on the Board such additional functions connected with the functions of the Board for the time being, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of additional functions on the Board.

(2) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(4) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972 .

Ministerial directions to Board.

104. —The Minister may give general policy directions to the Board in writing in relation to the performance by the Board of its functions and the Board shall comply with any such directions.