Final year lecture
University of Queensland Veterinary School

History

A Veterinary Surgeons Bill was presented in the Legislative Assembly of Queensland on 22 November 1916. It was given a first reading but taken no further.  At that time there were only nine qualified veterinary surgeons in the whole of the State and of those, five were not in private practice.  Members of the Assembly feared the Bill, if enacted, would make it difficult and in some situations impossible for people to obtain help for sick or injured animals.

Twenty years went by before another Veterinary Surgeons Bill was presented.  In the meantime legislation providing for the registration of veterinary surgeons had come into force in all other States and in New Zealand.  Important also was the fact that a Faculty of Veterinary Science had come into being within the University of Queensland.  This meant that graduates of the Faculty would require access to a system of registration for their own protection and that of the Faculty as a whole.  Registration would also afford protection to the public by ensuring a satisfactory standard of competency on the part of registered persons who did not hold a university degree in veterinary science or membership of a college of veterinary surgeons.

On 26 November 1936 Royal Assent was given and the Act was brought into force by a Proclamation dated 11 March 1937.  A new era for the veterinary profession in Queensland had begun.

To ensure the Act keeps pace with new developments in the veterinary profession, in particular education, the original Act has since been amended in 1946, 1964, 1973, 1986, 1990 and most recently in 2001.  The Regulations have similarly been amended as required and on expiry of each ten year term.

The first Register of Veterinary Surgeons was compiled as at 31 December 1937 and listed fifty-two names of registered veterinary surgeons.

Number 1 certificate holder was a Mr James Washington Irving, business address 58 - 60 Ann Street, Brisbane.

Over 2300 names are listed on the current register.

Interpretation of Act

Veterinary Surgeons Act 1936

(A) An Act relating to the qualifications and registration of veterinary surgeons;

(B) 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:

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.

Composition of the Board

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:

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 QPIF.

Composition of the Tribunal

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:

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.

Qualifications

Veterinary surgeon

A person is entitled to be registered as a veterinary surgeon in Queensland if the person is of good fame and character and is the holder of a recognised veterinary degree.

Good fame and character is demonstrated immediately after graduation by provision of personal references and thereafter by certificates of good standing from the veterinary boards of states or countries from where the person was last registered.

Queensland recognises degrees in veterinary science accredited by the Australasian Veterinary Boards Council Inc (5) the Royal College of Veterinary Surgeons (7) and the American Veterinary Medical Association (32) provided holders of the latter have passed the North American Veterinary Licensing Examination.

Persons possessing a degree from these institutions are automatically eligible for registration in Australia providing they are of good fame and character and have been in good standing with their previous registration boards.

Persons possessing a degree from other veterinary institutions throughout the world  must first sit and pass a National Veterinary Examination (NVE) conducted by the Australasian Veterinary Boards Council Inc before they are eligible for registration.  The NVE consists of an occupational English test if required, and a written and clinical examination.  Successful completion of the NVE indicates the certificate holder has skills and knowledge equivalent to that of a graduate of an Australian Veterinary School.

Veterinary specialist

A veterinary surgeon is entitled to be registered as a veterinary specialist if the person satisfies the Board that

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.

Complaints against veterinary surgeons

Legislation regulating the profession of veterinary science is universally enacted for the benefit of the public to ensure amongst other things that only suitably qualified persons deliver veterinary services and the services delivered are of a competent and professional standard.  It is the legal right of any person aggrieved by the actions of a registered veterinary surgeon in the conduct of veterinary practice to lodge a formal complaint with the Veterinary Surgeons Board for investigation.  It is the Board’s statutory obligation to determine whether a complaint warrants formal processing as a possible case of professional misconduct.

The initial enquiry process requires the veterinary surgeon involved to document the case and respond to the allegations put to the Board by the complainant so that a fair and equitable review of the case can be undertaken.  Occasionally the Board may require further clarification of case details from the veterinary surgeon in person.

If in the Board’s opinion insufficient evidence is available to establish grounds for a prima facie case of professional misconduct, the veterinary surgeon and complainant are advised accordingly and unless the complainant then provides further substantiating evidence the process is complete.

The Board expects the full co-operation of the veterinary surgeon involved in this enquiry process.  It is not productive for the practitioner to take offence to the lodgement of the complaint and be un‑cooperative.  In fact, such an attitude is detrimental to the practitioner’s defence of the complaint.  The merits of the complaint are not a consideration.  All complaints must be processed equally in accordance with the required process.

All citizens have the right to complain to some authority in relation to goods or services they perceive to be unsatisfactory.  Through the Veterinary Surgeons Act 1936 the Veterinary Surgeons Board is that authority where veterinary services are concerned.

Upon registering, a veterinary surgeon accepts the responsibility to be accountable for his or her professional performance.  Complaints will be avoided in most cases if the client is kept fully informed, permission is sought for procedures, unexpected results and additional costs are fully explained and a caring, communicative and professional attitude is displayed.

Professional misconduct proceedings

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:

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 $3 000.00 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.

While the term 'misconduct in a professional respect' cannot be limited, the Act recognises some common examples such as:

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.

Continuing veterinary education (CVE)

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.

Initial registration—What is required?

The initial obligation of a veterinary science graduate from an Australian veterinary school or a newly arrived overseas visiting graduate is to register as a veterinary surgeon with the veterinary board in the individual state or territory where the person intends to practice.

Registration in one state or territory does not entitle the person to practise outside that state or territory.  A weakness in the Commonwealth/State government system of Australia is that a viable process for the national registration of professionals is not possible while the state governments control registrations individually.  Registration is therefore required in each authority as indeed it is in North America where a similar government system exists.

A graduate should apply to the Registrar, Veterinary Surgeons Board for registration in the state or territory in which he/she intends to first practice.  If intending to practice in a state outside Queensland it is not necessary to first register in Queensland.  However, if intending to leave Australia immediately to work, it is recommended that Queensland registration be attained initially so as to allow the Board to provide advice of the person’s registration to the overseas registering authority.

If wishing to register initially in Queensland, an application form should be completed (available from the Office of the Head of School, Queensland University Veterinary Faculty or the Registrar, Veterinary Surgeons Board) and should be forwarded to the Veterinary Surgeons Board together with two written references as to the applicant’s good fame and character and suitability for registration as a veterinary surgeon.  The references should be given by either reputable members of the veterinary profession or persons of good repute in the community who have known the applicant for not less than twelve months.  Generally these references are provided to new graduates by course lecturers.

An initial application fee applies in addition to the annual registration fee.

This initial payment is for registration until 31 December and thereafter, the registrant will receive an annual account for renewal of registration.  Registrations approved between 1 November and 31 December in any year cover the period to 31 December the following year.  That is to say that if registration is sought immediately after graduation the fee paid will provide for registration for a 13 month period.

The Queensland Act makes provision for a veterinary surgeon to register and commence practice before the actual date of graduation, that is providing the Registrar has advice from the Head of School that the person has passed the final exams.  Copy of graduation certificate is not normally required.

Note:  This may not be the case in other states and enquiries should be made to the Registrar in the state in question.

If all is in order, provisional registration will be granted which allows the registrant to commence practice for a temporary period pending formal approval and issue or a registration certificate by the Board.

Leaving the State

When leaving the State to work or live elsewhere, there is no obligation to remain registered in Queensland.  However, it is imperative that a forwarding address be left with the Registrar together with a notice of intent not to renew registration in the following year.

Annual renewal payments cover the whole year to 31 December and no refunds are payable for a part of the year spent elsewhere.  A removal of a name from the Register would not be effective until 31 December of that year.

When returning to Queensland a person can be restored to the Register with no monetary penalty, but if a name is removed from the Register because of non-payment of fees (that is the Board has no advice that the person does not wish to renew registration) then a restoration fee is applicable together with arrears for the last year of registration as well as the fees for the year re-registering.

If registered in Queensland and wishing to register elsewhere

Any veterinary surgeon wishing to practise in another state or territory of Australia or overseas should contact the Registrar, Veterinary Surgeons Board of Queensland to arrange for a letter of good standing with the Queensland Board to be sent to the appropriate registering authority.

Employment at veterinary premises

The approval of the Veterinary Surgeons Board is required before any premises are used as a veterinary premises.  As ownership of veterinary practices is not limited to veterinary surgeons, practitioners may be employed at premises by veterinary surgeons or non-veterinary surgeons.

Before accepting employment, it is incumbent on a veterinary surgeon to ensure that the premises where the person will be engaged in practice are approved as veterinary premises.  The conduct of practice by the veterinary surgeon at unapproved premises constitutes professional misconduct.

It is an offence for any person in control of veterinary premises to direct a veterinary surgeon in a way that would be a ground for professional misconduct.  Veterinary surgeons must be aware of this provision when employed by non-veterinarians. 

Establishing veterinary premises

Local Authority approval is initially required to conduct a veterinary practice from premises intended to be used for veterinary premises.

Application should then be made to the Board for approval for the use of the premises as veterinary premises.

Minimum standards apply to all veterinary premises so as a reasonable level of practice is ensured.  A submission must be made to the Board to show that the proposed premises meet the required standards.

Conditions are imposed on all approvals and failure to comply with those conditions can result in suspension or cancellation of the approval and initiation of professional misconduct proceedings.

The designation of premises as a general surgery, clinic or rooms or as a veterinary hospital can be restricted by a condition placed on an approval.

Before purchasing previously established veterinary premises, the purchaser should obtain a copy of the standards applied to veterinary premises to ensure that the premises adequately meet those standards prior to purchase.  On receipt of confirmation from the purchaser that the standards are satisfactory, a transfer of the approval to the new owner can be processed by the Board.

Board mailings

Queensland registrants will receive at least two mailings from the Veterinary Surgeons Board each year. Board circulars will be distributed whenever important issues affecting the profession arise.

In early December a renewal of registration notice will be forwarded to the mailing address of the registrant recorded with the Board.

Non-receival of a renewal of registration notice by 31 December in any year indicates that the Board has no up to date record of a registrant’s current address.

The Registrar should be contacted immediately as non-payment of registration fees results in removal of the right to practice and penalties for restoration to the Register are incurred.

Courtesy title 'Dr’

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:

Other statutory and non-statutory responsibilities of veterinary surgeons

Scheduled drugs and poisons

Queensland registered veterinary surgeons have serious responsibilities under the provisions of the Health (Drugs and Poisons) Regulation 1996 in particular in respect to S8 controlled drugs and S4 restricted drugs.

A person must not be in possession of a controlled or restricted drug without authority.

Veterinary surgeons are authorised, only to the extent necessary to practise veterinary science, to obtain, possess, administer and dispense prescription drugs.   ‘To the extent necessary’ is defined by Queensland Health and is included in the publication ‘What Veterinary Surgeons Need to Know’ developed by Queensland Health and issued by the Board to each new registrant.

The misuse of prescription drugs by authorised persons including veterinary surgeons is a serious offence and prosecution can result in conviction with heavy monetary penalties and loss of veterinary registration.

Radiation health licensing

The intent of the Radiation Safety Act 1999 is to protect persons from health risks associated with exposure to radiation.  There are legislative requirements for veterinary surgeons who possess/use or intend to possess/use equipment for plain film veterinary radiography.

If any person intends to use x-ray equipment, the person must hold a USE LICENCE.  Any person owning x-ray equipment must hold a possession licence.

Possession licensees must ensure that users are appropriately licensed.  The employment prospects of veterinary surgeons are therefore greatly enhanced if the person holds a use licence at the time of application for a position.

Animal Welfare

The Animal Care and Protection Act 2001 provides assurances to both domestic and international communities that animals in Queensland are afforded acceptable standards of animal welfare in all types of animal use.

The Act places a duty of care on any person in charge of an animal.  ‘Person in charge’ includes the person who has custody of an animal which is extended to veterinary surgeons while an animal is in their care.

The regulation allows veterinary surgeons to undertake surgical procedures on animals in the interest of the animal’s welfare which would otherwise be illegal e.g. docking procedures, debarking and declawing.

There are also provisions dedicated to the use of animals for scientific purposes

Advertising

Advertising is 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.

AVA Code of Professional Conduct
Advertising

Veterinary surgeons’ names and qualifications must be displayed at veterinary premises

Code of Professional Conduct

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’.

Too often in recent times the Veterinary Surgeons Board and the AVA (Qld Division) has learnt of behaviour by individual veterinary surgeons which if known widely could be very damaging to the standing of the profession in the community, to say nothing of the individual’s standing.  The unethical behaviour of a few can adversely affect a great many.

The AVA’s powers are limited to dispute resolution and counselling and education of its members.  Compliance with the code of conduct is the professional responsibility of all registered veterinary surgeons and not just those who have professional association membership.

Government legislation can be accessed  on the web at: http://www.legislation.qld.gov.au