table document - Malaysian Veterinary Council (MVC)

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Edited : 21/1/2016
VETERINARY PRACTICE BILL DRAFT
- PUBLIC REVIEW
(Published January 2016)
Introduction:
The Council, after reviewing the constructive
comments and suggestions to the Veterinary
Surgeons (Amendment) Bill 201x - for
reasons of clarity and flow, has rewritten the
bill in its new form entitled the ‘Veterinary
Practice Bill -Draft 201x’.
For ease of understanding, a compilation of
changes proposed in the Veterinary Practice
Bill – Draft 201x against the existing
Veterinary Surgeons Act 1974 is tabulated in
the following table.
Please review and add in your comments and
recommendations and have it sent to
survey@mvc.gov.my.
The Draft Bill is open to public comments
for 3 months until 30th April 2016.
This survey is open to MALAYSIAN CITIZENS only.
Please
fill
in
your
Every detail is compulsory.
particulars.
SURVEY RESPONDENT DETAILS
Name
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I.C. No.
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Position /
Occupation
Organization /
Institution /
Clinic etc.
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ARRANGEMENT OF SECTIONS:
VETERINARY SURGEONS ACT, 1974(ACT 147) AND VETERINARY PRACTICE BILL 201x
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
An Act to make provision for the
registration and practice of
veterinary surgeons and for
national purposes to provide for
certain provision with regard to
a period of service in the public
services after registration; and to
make provision for purposes
connected with the aforesaid
matters
An Act to consolidate and amend
the law relating to the registration
of Veterinary Surgeons and
Veterinary Para-Professionals,
control and regulation of the
practice of veterinary medicine
and for national purposes to
provide for certain provisions
with
regard
to
national
veterinary service in the public
services after registration as a
veterinary practitioner; and to
make provision for matters
connected hereto.
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item.
Section 2. Definitions
Section 2. Additional definition
of terms used under the Bill and
the redefinition of the term
‘practice of veterinary medicine’
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item.
LONG TITLE (PREAMBLE)
1. To meet OIE requirements the
veterinary statutory body which
is the MVC shall be responsible
for the registration, practice and
discipline of veterinary surgeons
and
veterinary
paraprofessionals (veterinary nurses,
veterinary
technicians,
veterinary technologists, etc.,)
PART I :
PRELIMINARY
2. Interpretation of definitions
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
Sections 3 and 4. Establishment
and Composition of 15 persons
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item.
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Sections 5-9.
Additional clauses for the
qualification/disqualification as a
council member, tenure of office,
revocation and resignation and
vacation of office
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item.
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PART II : THE MALAYSIAN VETERINARY COUNCIL
3.
Establishment
composition of
Council
and
the
Section 3. Establishment and
Composition of 10 persons





Director General
Director of Vet Services,
Sabah and Sarawak
University
2 members nominated
by the Minister
4 members nominated
by
the
Veterinary
Community – 2 each in
Part I and Part II
The membership of the council
and its selection is not specific
and has incorporated the
provisions in the Medical Act
1971.
Additional persons:
 University
 public sector
 Registrar, and
 One
person
each
nominated
from
veterinary surgeons of
Sabah and Sarawak.
4.
Duties and powers of
the Council
Section 4. The functions and
power are not defined under the
Act
Section 10. States clearly the
function and power of the council
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item.
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5.
(NEW)Malaysian
Veterinary Council Fund
Previously, funds collected from
registration
and
annual
practicing certificates do not
state what purposes they are for
Section 11. (New) Allows for the
establishment of the Fund – what
it comprises and what purposes
they are for
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item.
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6.
Committees
This is stated in the First
Schedule
Section 12. (New) Defines what
committees are and how they
function and further elaborated in
the FIRST SCHEDULE.
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item.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
7.
Delegation
of
Council’s powers
the
Not applicable
Section 13. (New)The powers of
the council may be delegated
(excluding the power of creation
of secondary legislation) to
implement the smooth operation
of the council’s functions
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item.
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8.
(NEW) Appointment of
employees
of
the
Council
Not applicable
Section 14. (New) The Council
may appoint employees in daily
operations
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item.
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9.
(NEW) Chief Executive
Officer
Not applicable
Section 15. (New) The Council
may appoint a Chief Executive
Officer who manages day-to-day
affairs of the council and is under
the direction of the Council
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item.
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10.
Public
Protection
Section 5.
Section 16. No change
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item.
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11.
Public servants
Section 6.
Section 17. No change
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item.
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12.
First Schedule
Section 7.
Section 18. No change
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item.
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13.
Power of the Minister to
issue directions
Section 8
Section 19. No change
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item.
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14.
Returns, reports
information
to
Minister
Section 9
Section 20. No change
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item.
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Authorities
and
the
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
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item.
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PART III : (NEW) THE MALAYSIAN VETERINARY PARA-PROFESSIONAL COMMITTEE
15.
(NEW)
Not applicable
Malaysian Veterinary
Para- Professional
Committee
PART III – NEW
The Malaysian Veterinary
Para-Professional Committee
Sections 21-27. The formation,
members, functions, powers,
qualifications
and
disqualifications, tenure of office,
revocation and vacation of office
Section 28. Formation of subcommittees under this Committee
Section 29. Appointment
employees for this committee
15.a
Public
Protection
15.b
15.c
15.d
Authorities
of
Not applicable
Section 30. As in Section 16 of the
new Bill
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item.
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Public Servants
Not applicable
Section 31. As in Section 17 of the
new Bill
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item.
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(NEW)New Schedule
Second Schedule has been
designated as Third Schedule
in the Proposed Bill
Section 32. SECOND SCHEDULE
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item.
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Not applicable
Section 33. As in Section 19 of the
new Bill
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item.
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Power of the Minister to
issue directions
Proceedings
Veterinary
Committee
of
the Malaysian
Para-Professional
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
Not applicable
Section 34. As in Section 20 of the
new Bill
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REGISTRATION:
PART III.
PART IV.
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PRACTICE AND VETERINARY
MEDICINE
REGISTRATION OF VETERINARY
SURGEONS : PRACTICE OF
VETERINARY MEDICINE
Part III of the Veterinary Surgeons
Act is now Part IV in the
proposed Bill
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item.
16.
(NEW) Veterinary
Qualifying and
Accreditation Committee
Not applicable
Section 35. The Section includes
how the council determines their
composition
and
tenure.
This committee functions are to
determine
the
criteria
of
accreditation of institutions and
what qualifications can be added
into the THIRD SCHEDULE and
into the Veterinary Register as
well as determining and setting of
examinations and recommending
to the Council fees for the
accreditation.
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item.
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17.
(NEW) Veterinary
Specialists’
Qualifying
Committee
Not applicable
Section 36. The Section includes
how the council determines their
composition
and
tenure.
This committee functions are to
determine
the
criteria
of
accreditation
of
specialist
qualifications that can be included
into Specialist Division of the
Veterinary Register as well as
determining and setting of
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15.e
Returns, reports
information
to
Minister
and
the
PART IV: REGISTRATION
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
examinations and recommending
to the Council fees for the
accreditation
18.
Registrar of Veterinary
Surgeons
Section
10.
Registrar
Veterinary Surgeons
of
Section 37. Registrar of Veterinary
Surgeons
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item.
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19.
Register of Veterinary
Surgeons, Malaysia
Section 11.Register of Veterinary
Surgeons, Malaysia
Section 38. Malaysian Register of
Veterinary Surgeons
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item.
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1. Registrar determining the
prescribed form of a register
of
veterinary
surgeons
containing particulars as may
be prescribed.
1. Addition of specified forms or
forms to include computerized
records.
2. Responsibility
of
the
Registrar in maintenance and
custody of the Register.
3. Kept in TWO PARTS - Part I
and Part II.
2. No change
3. The Register will be kept in
TWO divisions:

Division:
Veterinary Surgeons Part I and Part II
qualifications under the
previous
categorization
will be amalgamated in
one register in this
Division.

Specialists
Division:
This register will contain
persons
deemed
as
veterinary specialists.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
20.
Section
12.
Automatic
registration if a person is from
the scheduled institutions and
qualifications.
Section 39. The registration is not
automatic and has to satisfy
criteria of citizenship as well as
considered ‘fit and of good
character’, knowledge in local
veterinary jurisprudence and
veterinary services may have to
sit for examinations or be
required to undergo additional
training as determined by the
Qualifications and Accreditation
Committee.
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Amalgamated in Section 39.
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Section 40. No change
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Section 41. No change
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Persons entitled to be
registered as veterinary
surgeons
The means of application and
approval are defined in this
Section.
The names of the registered
veterinary surgeon shall be
published in means as determined
by the Council.
21.
Application for
registration
Section 15.
22.
Evidence of qualification
to be given before entry
on the Register
Section
14.
Degrees
additional qualifications
23.
Restriction of registration
Section 16.
and
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
24.
(NEW) Exemptions of
full
time
veterinary
surgeons on ships
Not applicable
Section 42. Veterinary surgeons
discharging their duties on ships
are exempted under the Act for
the animals they are responsible
for in the ship and are entitled to
the privileges of registered
veterinarians in this Bill.
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25.
(NEW)
REGISTRATION
VETERINARY
SPECIALIST
Persons entitled to be
registered as veterinary
specialists
Not applicable
Section 43 determines the criteria
for entitlement to be registered as
a veterinary specialists
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item.
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26.
(NEW) Application for
registration
as
a
veterinary specialists
Not applicable
Section 44.
Determines the
manner for the application for
registration as a veterinary
specialist.
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item.
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27.
(NEW) Persons
practicing as veterinary
specialists
Not applicable
Section 45. Any person not
registered in the Veterinary
Register – Specialists commits an
offence
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item.
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28.
(NEW)
REGISTRATION
OF
VETERINARY
PARAPROFESSIONALS
Not applicable
Section 46. The registrar and his
qualifications is stated in this
section.
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item.
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AS
A
Registrar of Veterinary
Para-Professionals
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
29.
Not applicable
Section 47. The register will be
maintained in TWO divisions
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item.
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30.
(NEW) Malaysian
Register of Veterinary
Para-Professionals
(NEW) Persons entitled
to be registered as
veterinary
paraprofessionals
Not applicable

Division A:
Veterinary ParaProfessional

DivisionB :
Post-Basic Veterinary
Para-Professional
Section 48.
Registration for
Veterinary para-professionals are
not automatic and have to satisfy
the criteria that they —


hold the qualifications and
institutionsas listed in the
FOURTH SCHEDULE
of proven identity and
considered ‘fit and of good
character’.
31.
(NEW) Registration of
veterinary
paraprofessionals
Not applicable
Section 49. The Section states the
manner of application, submission
of forms and documents and fees
for the registration as a veterinary
para-professional
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32.
(NEW) Evidence
of
qualification to be given
before entry into the
register
Not applicable
Section 50. This section states the
criteria to be provided as evidence
and includes those person with
qualifications not stated in the
Fourth Schedule deem fit by the
Council to be registered.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
33.
(NEW) Restriction
of
registration as a postbasic veterinary paraprofessional
Not applicable
Section 51. This section deals with
the qualities including good
behavior required to be registered
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34.
(NEW) Persons entitled
to be registered as a postbasic veterinary paraprofessionals
Not applicable
Section 52. The post-basic
veterinary
para-professional
qualifications are as listed in the
FIFTH SCHEDULE.
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35.
(NEW) Registration of
post- basic veterinary
para-professionals
Not applicable
Section 53. The Section states the
manner of application, submission
of forms and documents and fees
for the registration as a veterinary
para-professional
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36.
(NEW) Practicing
as
veterinary
paraprofessional or post-basic
veterinary
paraprofessional
Not applicable
Section 54. The section states the
veterinary para-professional shall
work under the supervision of
veterinary surgeon. The activities
that
a
veterinary
paraprofessional and a post-basic
veterinary
para-professional
in
the
private sector shall be limited to
those activities listed in the
SEVENTH and EIGTH SCHEDULE
respectively.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
37.
S17 is only applicable to
registered veterinary surgeons
Section 55. Any practitioner –
veterinary surgeon, veterinary
specialist, and veterinary paraprofessional
or
post-basic
veterinary
para-professional
shall have a practicing certificate
in respect to oneself in force. The
application shall be made with
proof of Continuing Professional
Development accompanied with
forms and prescribed fees.
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Practicing certificate
The application shall be to the
Council in the case of veterinary
surgeon
and
veterinary
specialists.
The application shall be to the
Veterinary
Para-Professional
Committee in the case of
veterinary para-professionals and
post-basic
veterinary
paraprofessional
Specific provisions are made to
name the premise or premises
that are applied for to practice and
the duration for exempted for
community service other than that
stated in the practicing certificate
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
38.
Section 17. Annual practicing
certificate.
Section 56. Upon the satisfaction
of the Council or the Veterinary
Para-Professional Committee on
the application for a practicing
certificate, an annual practicing
certificate is issued if the council is
satisfied that the proposed
premise meets the prescribed
requirements
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Annual
certificate
practicing
The Bill provides for certain cases
where the applicant for an annual
practicing certificate applies for a
premise in the name of a body
corporate or society/institution
either as employee or shareholder
or director, where the entity
proposes to be involved in the
practice of veterinary medicine or
in other businesses other than the
practice of veterinary medicine.
The conditions have to be fulfilled
for the Council to issue an annual
practicing certificate (i.e. vets in
veterinary
pharmaceutical
companies, vets working in farms,
feedmills or other entities under
companies)
The issuance of an annual
practicing certificate – duration,
expiry and validity are stated in
this Section.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
39.
Section 13. Temporary Permit to
Practice
(TPP)
—
The Ministers’ approval in
writing is required for the
issuance of TPP.
Section 57. The certificate in this
bill is called a Temporary
Practicing Certificate. The manner
of application, forms and fees are
prescribed and if approved under
conditions
and
restrictions,
premise, supervision and duration
as may be specified in the
certificate.
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Temporary
certificate
practicing
This section states the manner for
the application for a temporary
practicing
certificate
as
a
veterinary surgeon by persons
(non-citizens) who have a
qualification in the Third Schedule
or has passed the Qualifying
Examination or is applying for a
short practice stint on the
sponsorship for a specific activity
of veterinary medicine.
This section also states the
manner for the application for a
temporary practicing as a paraveterinary surgeon by persons
holding
or
not
holding
qualifications in the Fourth
Schedule.
Approval and cancellation of
temporary practicing certificate is
at the prerogative of the Council.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
40.
Exhibition of certificate of
registration and annual
practicing certificate
Section 26.
Section 58.
An offence is
committed for the non-display by
registered
person
of
his
registration certificate and his
practicing certificate or temporary
practicing certificate or the details
stated in the certificate do not
match the premise where the
practice occurs.
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41.
Practicing without
practicing certificate
Section 17(9). Requirements for
practice by veterinary surgeons
Section 59. Offence is committed
by any veterinary surgeon or any
person who practices veterinary
medicine –
 without
a
practicing
certificate;
 practicing with persons
without
a
practicing
certificate; or
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a
-
only applicable to veterinary
surgeons. The proposed bill
covers
non
veterinary
surgeons as well



is employed by persons
without
a
practicing
certificate,
or
in
partnership with persons
who do not possess a
practicing certificate; or
employs persons to carry
out the practice of
veterinary
medicine
without an practicing
certificate
carries on the business of
practice under a person
who has no practicing
certificate.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
42.
Publication of list of
registered
veterinary
surgeons issued with
annual
practicing
certificate
Section 18. List to be published
in the Gazette
Section 60. The Registrar of the
Council and the Veterinary Paraprofessionals’ Committee will
publish the names of persons
issued practicing certificates in
the Gazette and other media
deemed suitable by the Council
and
the
Veterinary
Paraprofessionals’ Committee.
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43.
Notification of change in
permanent address of
residence or of practice.
Section 19.
Section 61. Additional change in
notification of Registrar regarding
change of place of practice, and to
include practice as a locum tenem.
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This
section
also
includes
contravention of this section is an
offence,
as
well
as
correspondence/notice
is
served/sent by post to the
principal practicing address.
44.
Power of Council to make
certain
endorsement
against name in the
Register
Section 20.
Section 62. No change for
Veterinary Surgeons. Addition of
Veterinary Para-professionals.
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45.
Cessation of registration
of person
Section
21.Cessation
of
registration of person becoming
a mental patient.
Section
63.
Addition
requirements towards manner
and method for cause of cessation
of registration for both Veterinary
Surgeons Register and Veterinary
Para-Professionals Register.
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Section 29.
Section 30(1)(a), (4).
Section 32.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
46.
Restoration of name in
the Register
Section 30(5), (6).
Section 64. Restoration of names
to the register if revoked under
Section 63 (for both Veterinary
Surgeon and Veterinary Paraprofessionals).
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47.
Alterations in the register
Section 22.
Section 65. No change
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48.
Privileges of registered
veterinary surgeons
Section 23.
Section 66.
addition of
schedule and
clause on
professionals.
Similar with the
a prescribed fee
application of the
veterinary para-
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49.
Veterinary certificate
Section 24.
Section 67. Incorporates Section
25 of the Veterinary Surgeons Act
1974.
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50.
Definition of veterinary
surgeon
Section 25.
Section 67. Incorporates Section
24 of the Veterinary Surgeons Act
1974.
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51.
Practitioner
operating
premise
to
furnish
particulars of the persons
practicing
veterinary
medicine at every place of
practice.
Section 27.
Not applicable.
Partially covered in Section 115.
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Section 31.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
52.
Not applicable
Section 68. This section caters to
the setup of private veterinary
health care facilities including
clinics and hospitals by body
corporate or societies if granted a
license to operate after an
approval has been given by the
Council. It follows closely to the
Private Health Care Facilities and
Servcies Act under the Ministry of
Health.
It
provides
the
requirements for —
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Body
corporate
and
societies and private
hospital, clinic, veterinary
healthcare facility or
services
a) The manner, requirements,
forms, fees for an application
for an approval to operate a
facility
b) Approval or rejection of the
application for the approval
c) Facility has to be set up
within a time frame after the
approval is given
d) Application for a license to
operation – manner, forms
and fees and the duration of
the license period and
renewal
procedure
and
requirements
e) Responsibility of licensee for
clinical
and
non-clinical
matters
f) in the event of offences
committed – who can be
prosecuted under this Section
and
g) Where this section does not
apply
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
53.
Section 28. Inspection only
Section 69 allows for authorized
officers under Section 83 of the
Act to inspect any premise which
include the following scope:
impound, detain, remove any
equipment,
inspection
and
observing any test or procedure
or operation, make copies and
take
extracts
and
verify
compliance to the standards of
requirements.
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PART V in the proposed bill
describes clearly how
proceedings of the Council are
to be undertaken
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Section
70.
Disciplinary
jurisdiction is over all registered
persons and all licenses under the
Act.
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Inspection of premises
used for the practice of
veterinary medicine.
The current legislation is grossly
insufficient
to
allow
investigation of cases for
prosecution
PART V: DISCIPLINARY PROCEEDINGSOF THE COUNCIL
DISCIPLINARY PROCEEDINGS
OF THE COUNCIL
54.
Disciplinary jurisdiction
of the Council
PART IV
Section 29. Disciplinary action
only over veterinary surgeons
registered under the Act.
(New) The section expands on the
conditions
over
individual
persons registered and issued
licenses as well as to holder of
licenses of private health care
facilities.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
55.
Not applicable
Section 71. (New)
Complaints Committee
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Complaints Committee
Complaints
shall
first
be
forwarded to the Complaints
Committee for the next step of
action to either be handled by
enforcement,
or
by
the
Preliminary
Investigation
Committee.
56.
Preliminary Investigation
Committee
Not applicable
Section 72. (New) Preliminary
Investigation Committee (PIC)
In the case of a disciplinary issue
the PIC Committee will deliberate
on the matter/complaint which
the Council has disciplinary
jurisdiction on as mentioned in
Section 70.
57.
Disciplinary punishments
Section 30.
Section 73. (New) The Council
may exercise its disciplinary
actions in an expanded range of
actions on individuals or in the
case of a private health care
facility via the suspension or the
revocation of the license of the
facility.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
58.
Section
30(2)
applies
veterinary surgeons only.
Section 74. (New) The Councils’
ranges of action include the
individual veterinary surgeons
and the licensed private health
care facilities.
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Surrender of certificate of
registration,
practicing
certificate or license
to
The surrender or revocation of
registration certificates, practicing
certificates or licenses can be
made public by way of publishing
in the Gazette or means
determined by the Council.
59.
Restoration of name to
the Register
Section 30(5), (6).
Section 75. No person struck off
from the register will be allowed
to apply for re-registration.
Persons suspended can reapply
for restoration of the name into
the register after the disciplinary
punishment period, in the manner,
form and fees as prescribed by the
Council.
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60.
Appeal against order or
decision of the Council
Section 31. Appeal to the High
Court and Minister
Section 76. Appeal to the High
Court
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Minor sections i.e. Section 31 (3)
and (4) from the Veterinary
Surgeons Act 1974 are deleted.
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
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PART VI: (NEW) DISCIPLINARY PROCEEDINGSOF THE VETERINARY PARA-PROFESSIONALS’ COMMITTEE
61.
(NEW)
DISCIPLINARY
PROCEEDINGS OF THE
VETERINARY
PARAPROFESSIONAL
COMMITTEE
Not applicable
PART VI. (NEW)
Section
77.
jurisdiction
Disciplinary
Section 78. Investigation
complaint or information
into
Section 79. Conduct of a
disciplinary inquiry into a
complaint by the Veterinary ParaProfessional Committee
Section
80.
punishment
Disciplinary
Section 81. Appeal
PART VII: ENFORCEMENT
62.
(NEW)ENFORCEMENT
PART VII
Section 28. (partially applied)
Section 82. Appointment
authorized officers
of
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Section 28. (partially applied)
Section 83. Power of an
authorized officer to enter and
inspect
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Not applicable
Section 84. Power to search and
seize
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
Section 85. Access to records and
computerized data
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Section 86. List of things seized
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item.
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Section 87. Release of things
seized
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Section 88. Power to seal
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Section 89. Power to require
attendance of person acquainted
with case
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Section 90. Examination of person
acquainted with the case
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Section 91. Statement
admissible in evidence
be
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assist
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Section 93. Forfeiture of goods
seized
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Section 94. Cost of holding goods
seized
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Section 92. Duty
authorized officer
to
to
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
Section 95. No cost or damages
arising from seizure to be
recoverable
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item.
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Section 96. Production of official
authority card
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item.
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Section 97.
offences
of
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Compounding
PART VIII: SUPPLEMENTARY PROVISIONS FOR NATIONAL VETERINARY SERVICES
SUPPLEMENTARY PROVISIONS
FOR NATIONAL PURPOSES
(VETERINARY SERVICES)
PART VII
PART VIII
63.
Purposes and duration of
this Part
Section 41. Remains in force for
5 years only
Section 98. In force unless repeal
by both houses of Parliament.
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64.
Notice
to
registered
person to serve as a
veterinary officer in the
public services.
Section 42.
Section 99.
Follow proposed
Dental Bill 20xx.
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65.
Period of service
pursuance of a notice
in
Section 42.
Section 100. Follow proposed
Dental Bill 20xx.
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66.
Power of Minister of
grant
reduction,
exemption
or
postponement
from
period of service
Section 43.
Section 101. Follow proposed
Dental Bill 20xx.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
67.
Section 44.
Section 102. Follow proposed
Dental Bill 20xx.
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PART V
PART IX
Minister may make rules.
PART IX: GENERAL
GENERAL
68.
Fraudulent registration
Section 32.
Section
103.
Addition
of
veterinary para-professionals and
the Councils’/Veterinary Paraprofessional Committees’ right to
suspend the offender.
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69.
Pretends to be registered
Offences (Section 33).
Section 104. Expansion on the
definition of what is pretending to
be registered
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70.
(NEW) Employing a
person who is not a
registered
veterinary
para-professional
Not applicable
Section 105. (NEW)
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71.
(NEW) Offence
committed by a body
corporate
Not applicable
Section 106. (NEW) Definition of
body corporate and the extent of
the offence.
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72.
(NEW)Prohibition
of
practice of veterinary
medicine by unregistered
persons
Not applicable
Section 107. (NEW)
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
73.
Section 34.
Section 108.
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Covering
Section 34(4) from the Veterinary
Surgeons Act 1974: Public
servants in carrying out their
duties in public service is deleted.
74.
Offence for registered
veterinary surgeons to
falsely describe vocation
Section 35.
Section 109.Minor change with
expansion on false description of
vocation. Partial incorporation of
section 25 of the Veterinary
Surgeons Act 1974.
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75.
Prosecutions
Section 36.
Section 110. Removal of President,
officer responsible for the State
Veterinary Services, authorities as
prescribed in Section 28(1) of the
Veterinary Surgeons Act 1974 and
his
officers
to
institute
prosecution. This is replaced with
the Public Prosecutor consistent
with other Acts.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
76.
Section 37.
Section 111.
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Exemptions
Exemption to cover ‘training of
veterinary paraprofessionals in
university and university colleges
and educational institutions, those
doing procedures whilst taking
their qualifying examinations and
the limiting of liability for the
above to take place in premises
approved for the training and for
the examinations to take place.
Practice of veterinary medicine in
food animal production under the
veterinary
surgeons’
direct
supervision and direction with a
current
and
valid
annual
practicing certificate.
No exemption for the treatment of
animals for other species of
animals.
77.
(NEW) Veterinary
practitioners authorized
by the Director General to
be deemed Government
Veterinary Officers
Not applicable
Section 112.
(NEW)The Director General may
authorize
in
writing
any
registered veterinary surgeon not
being a veterinary officer in the
public service to undertake
specified tasks.
Persons authorized by the
Director General to undertake
tasks in public services shall be
protected under the Criminal
Procedure Code or any other laws.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
78.
Not applicable
Section 113.
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item.
(NEW) Law or torts not
applicable
(NEW)Liability
Comments and/or
Proposed Amendments
of
the
Government for torts committed
by non-Government practitioners
while attending to animals at the
request of or by arrangement with
the Government which is deemed
as to be a public officer is allowed.
79.
General penalty
Section 38.
Section 114.
Penalties enhance
legislation in force
to
current
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Penalties for individuals and body
corporate/society
Includes first time offenders,
repeat offenders and violation
from time of offence committed
Section 27.
Section 115. Council may require
information.
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Not applicable
Section 116. Appointment of Legal
Advisors
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Section 117. Provisions in the
Criminal Procedure Code when
applicable.
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Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
PART X: REGULATIONS, SAVINGS AND REPEAL
REGULATIONS, SAVINGS AND
REPEAL
PART IV
PART X
80.
Regulations
Section 39.
Section 118. Edited to cover all
activities for the council to carry
out the objects and purposes of
the Act.
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81.
Savings and transitional
provisions
Not applicable
Section 119. To cover all
registration, certificates issued as
well
as
qualifications
and
institutions recognized in the
transition period when the
Veterinary Surgeons Act 1974 is
repealed. A grace period to ensure
a smooth transition to the new Act
to replace the Veterinary Surgeons
Act 1974.
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82.
Repeal
Section 40.
Section 120. Repeal of the
Veterinary Surgeons Act 1974 and
the related regulations.
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Quorum is 6 persons
Supplementary requirements to
the Council:
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SCHEDULES
FIRST SCHEDULE



Quorum is 7 persons
Council
may
nominate
non-Council members to sit
in committees of the Council
Meeting to be held at any
place as determined by the
President
Description and Rationale
VETERINARY SURGEONS ACT,
1974 (ACT 147)
VETERINARY PRACTICE BILL
201x
Agree/
Disagree/
Neutral
Comments and/or
Proposed Amendments
SECOND SCHEDULE
Not applicable
Supplementary requirements to
the Veterinary Para-Professional
Committee
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THIRD SCHEDULE
Not applicable
REGISTRABLE QUALIFICATIONS
FOR
REGISTRATION
OF
VETERINARY SURGEONS
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FOURTH SCHEDULE
Not applicable
REGISTRABLE QUALIFICATIONS
FOR
REGISTRATION
OF
VETERINARY
PARAPROFESSIONALS
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FIFTH SCHEDULE
Not applicable
REGISTRABLE QUALIFICATIONS
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FOR
REGISTRATION
OF
POST-BASIC VETERINARY PARAPROFESSIONALS
SIXTH SCHEDULE
Not applicable
FEES & FINES
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SEVENTH SCHEDULE
Not applicable
PROCEDURES THAT MAY BE
CARRIED OUTBY A VETERINARY
PARA-PROFESSIONALS IN THE
PRIVATE SECTOR
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EIGHT SCHEDULE
Not applicable
PROCEDURES THAT MAY BE
CARRIED OUTBY A POST-BASIC
VETERINARY
PARAPROFESSIONALS
IN
THE
PRIVATE SECTOR
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