VETERINARY LAW (1997 Revision)

CAYMAN ISLANDS VETERINARY LAW (1997 Revision) Supplement No. 3 published with Gazette No. 4 of 17th February, 1997. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted — Law 5 of 1978-6th April, 1978. Revised this 7th day of January, 1997. Page 2 Revised as at 7th day of January, 1997 c Veterinary Law Arrangement of Sections CAYMAN ISLANDS VETERINARY LAW (1997 Revision) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Establishment of Board ..............................................................................................................6 4. Functions of the Board ...............................................................................................................6 5. Register .....................................................................................................................................6 6. Application for registration .........................................................................................................6 7. Registration ...............................................................................................................................6 8. Amendment of register...............................................................................................................7 9. Censure, suspension and striking off .........................................................................................7 10. Appeals .....................................................................................................................................8 11. Penalties ....................................................................................................................................8 12. Regulations ............................................................................................................................. 10 SCHEDULE 11 CONSTITUTION AND PROCEDURE OF BOARD 11 Constitution of Board ......................................................................................................................... 11 Tenure of office ................................................................................................................................. 11 Acting appointments .......................................................................................................................... 11 Resignations ..................................................................................................................................... 11 Revocation of appointments .............................................................................................................. 11 Filling of vacancies ............................................................................................................................ 11 Gazetting of membership .................................................................................................................. 12 Funds of Board ................................................................................................................................. 12 Accounts and audit ............................................................................................................................ 12 Annual reports and estimates ............................................................................................................ 12 c Revised as at 7th day of January, 1997 Page 3 Arrangement of Sections Veterinary Law Procedure and meetings ................................................................................................................... 12 Protection of members ...................................................................................................................... 13 Remuneration of members ................................................................................................................ 13 Page 4 Revised as at 7th day of January, 1997 c Veterinary Law Section 1 CAYMAN ISLANDS VETERINARY LAW (1997 Revision) 1. Short title 1. This Law may be cited as the Veterinary Law (1997 Revision). 2. Definitions 2. In this Law — “animal health assistant” means a person registered as such; “Board” means the Veterinary Board established by section 3; “Registrar” means the Chief Agricultural and Veterinary Officer employed by Government, or such other person as the Governor may, by notice in the Gazette, appoint; “Governor” means the Governor in Council; “register” and its cognates has reference to the register of veterinary practitioners; “veterinary surgeon” means a person registered as such; and “veterinary surgery” means the art and science of veterinary surgery and medicine including — (a) the diagnosis of diseases in, and injuries to, animals, including tests performed on animals for diagnostic purposes; (b) the giving of advice based upon such diagnosis; and c Revised as at 7th day of January, 1997 Page 5 Section 3 Veterinary Law (c) the surgical or medical treatment of animals. 3. Establishment of Board 3. (1) There is established a body called the Veterinary Board. (2) The Schedule prescribes the constitution and procedure of the Board. 4. Functions of the Board 4. The functions of the Board are — (a) to register veterinary surgeons and animal health assistants; (b) to regulate the training of animal health assistants; (c) to appoint examiners to conduct such examinations in respect of persons applying for registration as veterinary surgeons and animal health assistants as may, from time to time, be required; and (d) to ensure the maintenance of acceptable standards of professional conduct by registered persons. 5. Register 5. (1) The Registrar shall keep a register of veterinary practitioners upon which shall be entered the name and other particulars as may be prescribed of every person registered. (2) The register shall be kept at the office of the Registrar and shall be open to inspection by the public at all reasonable times and a copy of the register shall be gazetted once a year. 6. Application for registration 6. Applications for registration as a veterinary practitioner shall be made to the Board in the prescribed form and shall be accompanied by the prescribed fee and by such documents as may be prescribed. 7. Registration 7. (1) If the Board is satisfied in relation to any application for registration that — (a) the provisions of section 6 have been complied with; (b) the applicant possesses the prescribed qualifications; and (c) the applicant is of good character and is a fit and proper person to practice veterinary surgery, the Board shall authorise the Registrar to register the applicant in his proper category, and issue to him a prescribed certificate. (2) Every registered veterinary practitioner is entitled to practise for gain in accordance with the terms of his certificate. Page 6 Revised as at 7th day of January, 1997 c Veterinary Law Section 8 8. Amendment of register 8. (1) It is the duty of the Registrar — (a) to remove from or restore to the register, any entry which the Board, acting under subsection (2), orders him to remove or restore; and (b) to correct, in accordance with the Board’s directions, any entry in the register which the Board directs him in writing to correct as being in the opinion of the Board an entry which requires correction. (2) If the Registrar sends by post to any registered person a registered letter addressed to him at the address entered in the register, enquiring whether he has ceased to practise his profession and receives no reply to that letter within three months from the date of posting it, the Registrar shall remove that person’s name from the register. 9. Censure, suspension and striking off 9. (1) Whoever, is found upon enquiry by the Board in the prescribed manner to — (a) be suffering from any physical or mental condition, or from any habit, which renders him unfit to practise as a veterinary surgeon or, as the case may be, to perform satisfactorily his functions as an animal assistant; (b) have procured his registration as a result of any misleading, false or fraudulent representations; (c) have been convicted of a serious criminal offence; or (d) be guilty of dishonesty, negligence or incompetence in the performance of his functions as a veterinary practitioner, the Board may if it thinks fit — (i) in the case of the matters specified in paragraph (c) or (d), censure him; or (ii) in the case of the matters specified in paragraph (a), (b), (c) or (d), suspend his registration for a period not exceeding two years, or direct the Registrar in writing to remove the name of such person from the register. (2) The Board may, at any time, if it thinks just, direct the Registrar to restore to the register any name removed therefrom under subsection (1). (3) The Board shall, as soon as practicable after — (a) the registration of any person has been suspended; (b) the name of any person has been removed from the register; or (c) the name of any person which was so removed is restored to the register, cause a notice thereof to be gazetted. c Revised as at 7th day of January, 1997 Page 7 Section 10 Veterinary Law (4) Where the name of a living person has been removed from the register that person shall surrender his certificate to the Registrar. 10. Appeals 10. (1) Whoever is aggrieved — (a) by the refusal of the Board to register him; or (b) by the decision of the Board to censure him, to suspend his registration or to cause his name to be removed from the register, may appeal to the Governor against such refusal or such decision in such manner and within such period as may be prescribed. (2) The Governor may — (a) at the hearing of an appeal against refusal of registration, dismiss the appeal, or allow the appeal and direct the Board to cause the registration to be effected; or (b) at the hearing of an appeal other than an appeal against refusal of registration — (i) dismiss the appeal and confirm the decision of the Board; (ii) allow the appeal and set aside the decision of the Board; (iii) allow the appeal and direct that the disciplinary proceedings in respect of which the decision of the Board was made be reconducted by the Board; or (iv) set aside the punishment inflicted by the Board and impose in substitution therefor a less severe punishment. (3) Upon allowing any appeal from any decision of the Board under section 9(1), the Governor shall cause notice of his decision to be gazetted and shall, in the event of the appellant’s certificate of registration having been returned under section 9(4), direct that such certificate be restored to him. 11. Penalties 11. (1) Whoever — (a) procures or attempts to procure registration for himself or for any other person by knowingly — (i) making, or causing to be made, any misleading, false or fraudulent representation or declaration, either orally, in writing or otherwise; or (ii) producing, or causing to be produced, any false or fraudulent document or certificate; (b) wilfully makes, or causes to be made, any falsification in any matter relating to the register; Page 8 Revised as at 7th day of January, 1997 c Veterinary Law Section 11 (c) forges, uses, lends to or allows to be used by any other person any certificate issued under this Law; or (d) makes, or has in his possession, any document so closely resembling such certificate as to be calculated to deceive, is guilty of an offence and liable on summary conviction to a fine of one thousand dollars and to imprisonment for two years. (2) Whoever, not being registered as a veterinary practitioner — (a) takes or uses any title, addition or description implying or calculated to lead persons to believe that he is so registered; (b) assumes or uses any affix indicative of any occupational designation relating to the practice of veterinary surgery; or (c) advertises or holds himself out as a person authorised or qualified to practice veterinary surgery, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for twelve months. (3) Subject to subsection (4), whoever, during a period when his registration is suspended, or who, not being registered — (a) practices veterinary surgery in any of its branches; (b) for reward, diagnoses or offers to diagnose or attempts to diagnose any animal disease, ailment, deformity, defect or injury, or examines or advises upon any physical condition of any animal; (c) prescribes or administers any drug, serum or any other substance or remedy, applies any apparatus, or performs any operation or manipulation for the cure, treatment or prevention of any animal disease, ailment, deformity, defect or injury; or (d) acts as the assistant or associate of any person who performs any of the acts specified in this subsection, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for a term of twelve months. (4) Subsection (3) does not apply to — (a) any person registered under this or any other enactment who performs or provides any service which he is authorised or entitled to perform thereunder; (b) any student of veterinary surgery performing the services approved by his faculty or school as part of his course of instruction or part of any examination in relation thereto; (c) any services approved by the Board to be performed by any person in the course of his training; c Revised as at 7th day of January, 1997 Page 9 Section 12 Veterinary Law (d) any person performing functions which he is employed by the Government to perform; (e) any person giving necessary veterinary aid in cases of urgent need without reward; (f) the domestic administration of home remedies; or (g) such other circumstances as may be prescribed. 12. Regulations 12. (1) The Governor may make regulations — (a) prescribing the professional qualifications and the requirements which shall be a prerequisite for registration; (b) with respect to the conduct of examinations as specified under paragraph (c) of section 4; (c) prescribing the form of, and particulars to be included in the register, the manner in which additional qualifications obtained in veterinary surgery or related subjects by a registered person may be added to those particulars entered in the register in relation to him, and the procedure to be followed to ensure that the particulars in the register are kept up to date; (d) prescribing the forms for application for registration and certificates of registration; (e) prescribing fees for registration; (f) prescribing the manner in which enquiries or disciplinary proceedings may be instituted before the Board, the procedure to be followed in the conduct of such enquiries or proceedings and matters incidental to or consequential on such proceeding; (g) prescribing the manner of appealing to the Governor and as to the proceedings in any such appeal and matters incidental to or consequential on such proceedings; (h) limiting the functions of animal health assistants and the conditions under which those functions may be performed and any other matters relating thereto; and (i) prescribing any other matter or thing required by this Law to be prescribed. (2) Regulations under subsection (1) may contain different provisions for veterinary surgeons and for animal health assistants. Page 10 Revised as at 7th day of January, 1997 c SCHEDULE (Section 3) CONSTITUTION AND PROCEDURE OF BOARD Constitution of Board 1. The Board shall consist of — (a) the Registrar (as chairman); and (b) four other persons appointed by the Governor. Tenure of office 2. The appointment of a member of the Board shall, subject to this Schedule, be for a period not exceeding three years, and such member shall be eligible for re- appointment. Acting appointments 3. If the chairman or any other member of the Board is absent or unable to act, the Governor may appoint any person to act in his place. Resignations 4. (1) A member of the Board, other than the chairman, may at any time resign his office by instrument in writing addressed to the Governor. (2) Every such resignation shall take effect from the receipt by the Governor of the instrument of resignation. Revocation of appointments 5. The Governor may, at any time, revoke any appointment made by him under this Schedule. Filling of vacancies 6. If any vacancy occurs in the membership of the Board such vacancy shall be filled by the appointment by the Governor of another member who shall, subject to this Schedule, hold office for the remainder of the period for which the previous member was appointed. SCHEDULE Veterinary Law Gazetting of membership 7. The names of all members of the Board as first constituted and every change in the membership shall be gazetted. Funds of Board 8. The funds of the Board shall consist of such moneys as may, from time to time, be placed at its disposition by the Legislative Assembly. Accounts and audit 9. The Board shall keep proper accounts of its receipts, payments, assets and liabilities and such accounts shall be audited annually by the Government Auditor. Annual reports and estimates l0. (1) The Board shall, in each year, prepare and submit to the Financial Secretary a report of its proceedings during the twelve months ending on the thirty-first day of March in that year, including a statement of its accounts audited in accordance with paragraph 9. (2) The Board shall, on or before the thirty-first day of October in each year, submit to the Financial Secretary for approval its estimates of revenue and expenditure in respect of the period commencing on the first day of April next following and ending on the thirty-first day of March of the subsequent year. Procedure and meetings 11. (1) The Board shall meet at such times as may be expedient for the transaction of its business, and such meetings shall be held in such places, on such days and at such times as the Board may determine. (2) The chairman may, at any time, call a special meeting of the Board and shall call a special meeting within fourteen days of the receipt of a written requisition for that purpose addressed to him by any two members of the Board. (3) The chairman shall preside at all meetings of the Board at which he is present, and, in the case of the chairman’s absence from the meeting, the members present and constituting a quorum shall elect one of their number to preside at the meeting. (4) The quorum of the Board is three. (5) Decisions of the Board shall be by a majority of votes and the chairman or other member presiding at a meeting shall have a casting but not an original vote. (6) Minutes in the proper form of each meeting of the Board shall be kept. Page 12 Revised as at 7th day of January, 1997 c Veterinary Law SCHEDULE (7) The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of any member thereof. Protection of members 12. (1) No member of the Board shall be personally liable for any act of the Board done or omitted to be done in good faith in the course of the operations of the Board. (2) Where any member of the Board is exempt from liability by reason only of subparagraph (1), the Board shall be liable to the extent that it would be if the member were a servant or agent of the Board. Remuneration of members 13. There shall be paid, from the funds of the Board to the chairman and other members of the Board, such remuneration whether by way of honorarium, salary or fees, and such allowances, as the Governor may determine. Publication in revised form authorised by the Governor in Council this 7th day of January, 1997. Carmena H. Parsons Clerk of Executive Council c Revised as at 7th day of January, 1997 Page 13