NEWSLETTER `` Veterinary Board of the Northern Territory SEPTEMBER 2012 ______________ Goff Letts Building, Berrimah Farm, Berrimah NT GPO Box 3000, DARWIN, Northern Territory 0801 Email: vetboard@nt.gov.au Phone: 08 89992028 Web: www.vetboard.nt.gov.au Fax: 08 89992089 Fax (08) 89992089 THIS EDITION – AT A GLANCE BOARD MEMBERSHIP Contents: This edition of the Newsletter provides advice on: Brian Radunz (President) (ex-officio - Chief Inspector of Livestock) Ian Gurry (Vice President) (elected veterinarian) Shane Bartie (Member) (elected veterinarian) Dick Morton (Member) (appointed veterinarian) Amanda Godden (Public Interest Member) (appointed non-veterinarian) THE BOARD - Current Membership - Recent and forthcoming changes LEGISLATIVE AMENDMENTS - Updated Regulations commenced on 3 August 2012 - New Code of Conduct - an updated list of services not considered to be veterinary services - exclusions from section 24 (ie the offences section) of the Veterinarians Act) BOARD GUIDELINES - Up-dated guidelines on Record Keeping, Anaesthesia and Staff - New guidelines on minimum standards for Veterinary Premises and House-Call Practices THE IMPORTANCE OF FAMILIARITY AND COMPLIANCE WITH CODE OF CONDUCT, ALL LEGISLATION AND GUIDELINES PRESCRIBED FEES - increase in Primary Registration fee - removal of Secondary Registration fee ANNUAL RENEWAL OF REGISTRATION - notices to be despatched in October REGISTRATION STATISTICS REPORTING CIVIL CLAIMS and includes the following attachments: Code of Conduct Services prescribed not to be veterinary services Exclusion from Section 24 of the Act Board Guidelines on Record Keeping; Anaesthesia; Staff; Minimum Standards for Veterinary Premises; and Minimum Standards for House-Call Practices Advisory Note on Prescribing Obligations Administrative Support Bernadette McKirdy (Board Registrar) BOARD HAPPENINGS Pending Retirement of Board President /Chief Veterinary Officer Dr Brian Radunz, the Territory’s long serving Chief Veterinary Officer, who has performed the functions of the President of the Veterinary Board in an exofficio capacity since September 2011, will retire from the role of Chief Veterinary Officer in November 2012. The newly appointed Chief Veterinary Officer, Dr Malcolm Anderson will assume the President’s position from December 2012. Board Elections Section 5(1)(b) of the Veterinarians Act provides for two positions on the Board to be filled by “2 registered veterinarians” who are elected by registered veterinarians by postal ballot to be elected as Board members “to represent the interests of registered veterinarians”. Welcome to New Members and Thank you to Retiring Members The conduct of a recent election resulted in the appointment of Dr Ian Gurry and Dr Shane Bartie as elected members to fill the vacancies created through the retirement of Dr Danny Atkins and Dr Jennifer Watts, who did not seek reelection. The Board welcomes Dr Ian Gurry and Dr Shane Bartie to the Board and acknowledges its appreciation for the significant contributions made by the retiring members, Dr Danny Atkins (who served 12 years as an elected member and 6 years as Vice President) and Dr Jennifer Watts (who served one 3-year term as an elected member). Anticipated Resignation of “Public Interest” Member of Board An interstate transfer will require Amanda Godden, who has served as the public interest member on the Board since August 2010, to submit her resignation from the Board in October 2012. The veterinary members of the Board have appreciated her enthusiasm and interest and in particular, have valued the insights into the consumers’ perspective that she has brought to the Board’s deliberations. LEGISLATIVE AMENDMENTS - REVIEW OF VETERINARIANS ACT - VETERINARIANS REGULATIONS – AS AMENDED AND IN FORCE FROM 3 AUGUST 2012 Advice on the review of the Veterinarians Act and proposals emanating from the review will be provided to the new Northern Territory government. Approval will be sought to draft an amendment Bill. Whilst Brian Radunz will cease the role of Chief Veterinary Officer in November 2012, he will, on a part-time basis, continue to progress the amendment of the Act. Depending on the legislative priorities of the new government, the goal is to have an amendment Bill for public consultation by the end of 2013. As an interim measure, some of the outcomes of the review and the national recognition of veterinary registration have been achieved through amendments to the Regulations. The Veterinarians Amendment Regulations 2012, which came into effect on 3 August 2012: improve clarity within the regulations; provide an up-dated code of conduct that improves guidance to registered veterinarians (see Attachment 1); prescribe an updated list of services not considered to be veterinary services that are restricted to registered veterinarians (which now lists cleaning and rasping the teeth of horses with a manual tooth rasp; removing loose tooth caps from horses; and scaling and polishing the teeth of animals, as procedures that may be performed by non-veterinarians); (see Attachment 2); outline exclusions from section 24 (ie the offences section) of the Veterinarians Act that provide guidance for veterinarians on the circumstances in which veterinary drugs and chemicals may be administered by nonveterinarians (see Attachment 3); and partially enable national recognition of registered veterinarians in other jurisdictions prior to amendments to the legislation (through the elimination of prescribed fees for secondary registration). NEED FOR FAMILIARITY AND FULL COMPLIANCE WITH ALL GOVERNING LEGISLATION AND CODE OF CONDUCT It is incumbent on all registered veterinarians to be conversant with and abide by all professional and statutory obligations relevant to veterinary practice, including codes of conduct, and to maintain current veterinary practice standards. Clause 1(b) of the code of conduct prescribed in the revised Veterinarians Regulations requires registered veterinarians “to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour.” Clauses 4(1)(a) and (b) require registered veterinarians to maintain current standards of veterinary practice and to always carry out veterinary services in accordance with those standards and the Board’s guidelines. Contravention of, or failure to comply with the Veterinarians Act, Veterinarians Regulations or a prescribed code of conduct constitutes “misconduct” within the meaning of section 28 of the Veterinarians Act, which is a ground for possible disciplinary action under the Act. Full copies of the Veterinarians Act, Veterinarians Regulations, the code of conduct, the guidelines promulgated by the Veterinary Board, and all legislation impacting on veterinary practice in the Northern Territory are available on-line at the Board website: www.vetboard.nt.gov.au and copies of all Northern Territory legislation can be viewed on the Northern Territory Government website: http://www.nt.gov.au/dcm/legislation/current.html 2 PRESCRIBED FEES ANNUAL RENEWAL OF REGISTRATION Veterinary Registration Fees are prescribed in the Veterinarians Regulations as “revenue units”. The monetary value of a revenue unit is reviewed annually under the Revenue Units Act based on the Consumer Price Index (CPI). A recent review determined that the monetary value of a revenue unit should be raised from $1.02 to $1.05. Notices regarding the annual renewal of veterinary registration for the 2013 calendar year will be despatched to all Northern Territory registered veterinarians at the end of October 2012. As a result, there will be a slight increase in Veterinary Registration Fees from 1 July 2012. VETERINARIANS: Primary Registration (for majority practice in Northern Territory) Initial Registration $157.00 (AUD) Annual Renewal $105.00 (AUD) VETERINARY SPECIALISTS: Primary Registration (for majority practice in Northern Territory) Initial Registration $210.00 (AUD) Annual Renewal $157.00 (AUD) The National Recognition of Veterinary Registration (NRVR) cannot be fully adopted until the Veterinarians Act is amended. However, amendments to the Veterinarians Regulations that commenced on 3 August 2012 have resulted in NO FEES being payable for secondary registration (ie registration to undertake locum/periodic practice in the Northern Territory). In the interim, it is still necessary to lodge an application to apply for secondary registration or to renew existing secondary registration. Predicted Increase in Fees for Primary Registration As the fees for secondary registration have been cancelled, it is likely that the fees for primary registration will be increased to a level similar to those charged in other jurisdictions following commencement of the amended Veterinarians Act. By way of comparison, the fees for annual renewal of veterinary registration elsewhere in Australia are currently: $148.95 (Queensland); $201.60 (Tasmania); $235 (New South Wales); $375 (South Aust) $365 (Western Aust); and $435 (Victoria). Completed applications and the payment of the annual fee should be submitted to the Board by Monday 31 December 2012. Fees Payable: Primary Registration (for majority practice in the Northern Territory) The prescribed annual registration is $105.00. fee for primary There is NO FEE for the annual renewal of Secondary Registration in the Northern Territory. However, it is essential that veterinarians who wish to retain secondary registration to undertake locum/periodic practice in the Northern Territory during the 2013 calendar year, complete and submit the prescribed annual renewal of registration form and declaration to provide the Board with current details for inclusion on the Northern Territory Veterinary Register. Failure to do so will result in cancellation of secondary registration. Veterinarians who do not wish to renew their registration to practise in the Northern Territory should advise the Board in writing by e-mail, facsimile or post. BOARD GUIDELINES The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Clause 4(1)(b) of the Code of Conduct at Schedule 2 of the Veterinarians Regulations, which commenced on 3 August 2012, requires that registered veterinarians must always carry out veterinary services in accordance with current standards of veterinary practice and in accordance with the Board’s guidelines. Registered veterinarians therefore have a professional and statutory responsibility to be familiar with the Board’s guidelines and to apply the guidance they provide. The guidelines outline what the Board considers to be the minimum acceptable standard expected from a registered veterinarian exercising reasonable skill and care in the course of providing treatment to animals. 3 The Board’s long-standing Guidelines on Record Keeping, Anaesthesia and Staff have been revised to incorporate relevant references to the new Code of Conduct included in the up-dated Veterinarians Regulations. Following consultation with registrants and other stakeholders, the Board has now settled its Guidelines on Minimum Standards for Veterinary Premises and Guidelines on Minimum Standards for HouseCall Practices. It is intended that the Board’s proposed development of guidelines on minimum standards for mobile clinics and the provision of veterinary services in remote communities will be subject to further consultation. The Board’s Guidelines are published on the Veterinary Board website at: http://www.nt.gov.au/ and copied at Attachment 4 to this Newsletter, together with the Advisory Note on Prescribing Obligations, which is copied at Attachment 5 to this Newsletter. OBLIGATION UNDER SECTION 45 OF THE VETERINARIANS ACT TO NOTIFY BOARD OF CIVIL CLAIMS Northern Territory registered veterinarians are reminded of the following requirement to report civil claims to the Veterinary Board: REGISTRATION STATISTICS In the 2011/2012 financial year the Board received and approved 38 applications for registration. Of these, 12 applications were lodged under the Veterinarians Act, 26 were lodged under the Mutual Recognition Act (MRA) and 1 was lodged under the Trans-Tasman Mutual Recognition Act (TTMRA). Registration under the MRA and the TTMRA provide an alternative pathway to registration that requires registration authorities to “mutually recognise” the applicant’s current veterinary registration and good professional standing in another State or Territory in Australia or in New Zealand as a sufficient qualification for the grant of registration under local laws. A total of 16 applicants were granted primary registration for majority practice in the Northern Territory, 20 were granted secondary registration to undertaken locum/periodic practice in the Northern Territory and 2 were granted “deemed” only registration to undertake a brief period of practice as volunteers in the animal health program operating in remote Indigenous communities. The majority of the applications determined in the 2011-12 financial year were from graduates from Australian Veterinary Schools, with the exceptions being 1 graduate from Glasgow and 1 from Bristol. The breakdown was as follows: “45 Registered veterinarian to notify Board of civil claims Where a person has claimed damages or other compensation from a registered veterinarian for alleged negligence or other misconduct in the provision of veterinary services, the veterinarian shall, not later than 28 days after: (a) being ordered by a court to pay damages or compensation in respect of the claim; or (b) making an agreement to pay an amount of money in settlement of the claim, whether with or without a denial of liability, inform the Board in writing of the claim and of the terms of the order or agreement. Maximum penalty: 20 penalty units. Melbourne x 12 Murdoch (Western Australia) x 11 Sydney x 6 Queensland x 5 James Cook (Queensland) x 1 Charles Sturt (Wagga Wagga) x 1 Glasgow x 1 Bristol x 1 As at 30 June 2012, there were 188 veterinarians registered to practise in the Northern Territory. Of these,116 held primary registration for majority practice in the Northern Territory and 72 held secondary registration for locum/periodic practice in the Territory. The latter includes 6 veterinary specialists. 4 VETERINARY BOARD OF THE NORTHERN TERRITORY SEPTEMBER 2012 NEWSLETTER - ATTACHMENTS Extracts from Veterinarians Regulations as in force from 3 August 2012 Attachment 1 CODE OF CONDUCT Attachment 2 SERVICES PRESCRIBED NOT TO BE VETERINARY SERVICES Attachment 3 EXCLUSION FROM SECTION 24 OF VETERINARIANS ACT Plus Attachment 4 Attachment 5 BOARD GUIDELINES (x 5) ADVISORY NOTE ON PRESCRIBING OBLIGATIONS EXPLANATORY NOTE Relevant Extracts From Veterinarians Act Part 4 – Offences of practising unregistered Section 24 (1) provides that “a person shall not provide a veterinary service unless the person is a registered veterinarian”. However, Section 24 (3) allows for the making of regulations that may exclude a class or description of veterinary services that do not apply to this restriction and the circumstances in which other persons may be authorised to provide certain veterinary services without breaching the Act. The current exclusions prescribed in the revised Veterinarians Regulations are outlined at Attachment 2 and 3. COMPLIANCE WITH PROFESSIONAL AND STATUTORY OBLIGATIONS AND MAINTENANCE OF CURRENT STANDARDS OF VETERINARY PRACTICE It is incumbent on all registered veterinarians to: (1) be conversant with and abide by all professional and statutory obligations relevant to their veterinary practice, including the prescribed code of conduct; (2) maintain current standards of veterinary practice; and (3) always carry out veterinary services in accordance with these current standards and the Board’s guidelines. Full copies of the Veterinarians Act, Veterinarians Regulations, the code of conduct, the guidelines promulgated by the Veterinary Board, and all legislation impacting on veterinary practice in the Northern Territory are available on-line at the Board website: www.vetboard.nt.gov.au and copies of all Northern Territory legislation can be viewed on the Northern Territory Government website: http://www.nt.gov.au/dcm/legislation/current.html 5 Schedule 2 Code of conduct Attachment 1 section 53(3) regulation 9 1 BASIC PRINCIPLES OF PROFESSIONAL CONDUCT (1) The basic principles of professional conduct for a registered veterinarian are: (a) to recommend appropriate preventative measures and provide suitable management and treatment for diseases and conditions; and (b) to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour; and (c) to have as the primary concern the welfare of animals; and (d) to maintain professional standards to the level expected by: (i) other registered veterinarians; and (ii) users of veterinary services; and (iii) the public. (2) Although actions may be influenced by consideration of a client's commercial, financial, emotional or other circumstances, a registered veterinarian must not condone animal suffering or be a party to it. 2 WELFARE OF ANIMALS MUST BE CONSIDERED A registered veterinarian must at all times consider the welfare of animals when practising veterinary science. A registered veterinarian must handle animals with a minimum of stress and a maximum of care and encourage people to handle animals as gently and safely as circumstances allow. Pain relief should be used when appropriate. 3 NO REFUSAL OF PAIN RELIEF (1) A registered veterinarian must not refuse to provide relief of pain or suffering to an animal that is in his or her presence. Page 1 of 8 6 (2) In this clause: relief, in relation to pain or suffering, includes: 4 (a) first aid treatment; or (b) timely referral to another registered veterinarian; or (c) euthanasia, as appropriate. KNOWLEDGE OF CURRENT STANDARD OF PRACTICE (1) A registered veterinarian must: (a) maintain knowledge of the current standards of the practice of veterinary surgery or veterinary medicine in the areas of veterinary science relevant to his or her practice; and (b) always carry out veterinary services in accordance with those current standards and in accordance with the Board's guidelines. (2) A registered veterinarian must base professional decisions on evidencebased science or well-recognised current practice, or both. 5 STAFF A registered veterinarian who: (a) employs a person other than a registered veterinarian to assist in the provision of veterinary services; or (b) is responsible for the supervision of a person other than a registered veterinarian who is so employed; must ensure to the best of his or her ability that the person carries out the duties of his or her employment effectively and in compliance with any law relating to the provision of veterinary services. 6 UTILISATION OF SKILLS OF COLLEAGUES A registered veterinarian should practise within the limits of his or her knowledge and expertise and must utilise the skills of colleagues, by consultation or referral, when appropriate. Page 2 of 8 7 7 PROFESSIONAL CONDUCT A registered veterinarian must not mislead, deceive or behave in such a way as to have an adverse effect on the standing of any registered veterinarian or the veterinary profession. 8 INFORMED CONSENT A registered veterinarian must, where it is practicable to do so, obtain the informed consent of the person responsible for the care of an animal before providing veterinary services to the animal. Informed consent may be verbal or in writing. If the informed consent is verbal, a record of the verbal conversation should be kept. 9 AVAILABILITY TO CARE FOR ANIMAL A registered veterinarian must, when accepting an animal for diagnosis or treatment: (a) (b) (c) 10 ensure that he or she is available for the ongoing care of the animal; or if he or she will not be available, make arrangements for another registered veterinarian to take over the care of the animal; or if the diagnosis or treatment is done in a remote community (for example, monthly clinics in remote towns or an indigenous community) – be available by telephone contact at all times. REFERRALS AND SECOND OPINIONS A registered veterinarian must not refuse a request by a person responsible for the care of an animal for a referral or second opinion. 11 PROVISION OF RECORDS A registered veterinarian who has previously treated an animal must, when requested to do so, and with the consent of the person responsible for the care of the animal, provide copies or originals of the case history records directly to another registered veterinarian who has taken over the treatment of the animal. Page 3 of 8 8 12 RETURN OF RECORDS A registered veterinarian to whom another registered veterinarian has referred an animal for treatment or a second opinion must return the records provided by the referring registered veterinarian as soon as practicable. 13 CONFIDENTIALITY Except as required by this code of conduct or obligations under legislation, including to report a notifiable disease, a registered veterinarian must maintain the confidentiality of information obtained in the course of professional practice. 14 SKILLS, KNOWLEDGE AND EQUIPMENT OF ASSISTANTS A registered veterinarian must ensure that all persons assisting in the provision of veterinary services to animals in his or her care have the skills, knowledge and available equipment to enable the registered veterinarian to perform his or her duties according to the current standards of the practice of veterinary science, except in the case of an emergency. 15 KNOWLEDGE OF THE RULES OF ANIMAL SPORTING ORGANISATIONS A registered veterinarian must maintain knowledge of the rules of an animal sporting organisation when attending on that organisation or working within the industry to which it relates (unless the code or rules are contrary to the Veterinarians Act, these Regulations or any other legislation). 16 RECORDS (1) A registered veterinarian must ensure that a detailed record of any consultation, procedure or treatment is made as soon as is practicable. (2) The Board has the power to audit records. Page 4 of 8 9 (3) The record must: (a) be legible and in sufficient detail to enable another registered veterinarian to continue the treatment of the animal; and (b) include the results of any diagnostic tests, analysis and treatments. (4) A registered veterinarian must ensure that all records of any consultation, procedure or treatment are retained for at least 3 years after the records are made. 17 FEES FOR VETERINARY SERVICES A registered veterinarian must, where it is practicable to do so and before providing veterinary services in relation to an animal, inform the person responsible for the care of the animal of: 18 (a) the nature, purpose, benefits, effects and risks of the veterinary services and options for alternative veterinary services; and (b) the estimated cost of those services. CERTIFICATION BY REGISTERED VETERINARIANS (1) A registered veterinarian must not certify to any fact within his or her professional expertise or knowledge, or that a veterinary service has been provided, unless the registered veterinarian has personal knowledge of the fact or has personally provided, or supervised the provision of, the veterinary service. (2) Any certification by a registered veterinarian must contain the detail that is necessary to ensure that it is complete and accurate and that the meaning is clear. 19 CORRECTION OF GENETIC DEFECTS A registered veterinarian must not perform a surgical operation for the correction of an inheritable defect, or provide medical treatment for an inheritable disease, unless the primary purpose of the operation or treatment is to relieve or prevent pain or discomfort to an animal. Page 5 of 8 10 20 SPECIAL INTEREST AREAS Before undertaking practice in a particular area of veterinary science, a registered veterinarian must ensure that he or she has the knowledge and competence necessary to practise in that area. 21 INFORMATION TO BE GIVEN WHERE DRUGS PROVIDED OR PRESCRIBED A registered veterinarian who provides a client with a drug, or a prescription for a drug, for an animal, must give the client proper directions with respect to the administration of the drug, and advise the client of any safety or other precautions that should be taken in connection with the drug and of any withholding period that may be applicable. 22 SUPPLY OF RESTRICTED SUBSTANCES (1) A registered veterinarian may only supply a restricted substance: (a) (b) to a person responsible for the care of an animal that the registered veterinarian has physically examined or has under his or her direct care or has made enquiries about the animal and decided that the restricted substance is required to be administered; or with the authority of another registered veterinarian who has physically examined the animal or has the animal under his or her direct care, and only in respect of that animal. (2) A registered veterinarian must not obtain any restricted substances in order to take that substance himself or herself. (3) In this clause: restricted substance means a restricted Schedule 4 substance or a restricted Schedule 8 substance as defined in the Poisons and Dangerous Drugs Act. 23 INDUCEMENTS A registered veterinarian must not provide a referral or recommendation if the request for the referral or recommendation is accompanied by an inducement to the registered veterinarian. Page 6 of 8 11 24 PROHIBITED PROCEDURES (1) A registered veterinarian must not carry out a prohibited procedure on an animal unless he or she is satisfied the procedure is a reasonable and necessary therapeutic measure in the treatment of a disease from which the animal is suffering, or if the procedure is not carried out, it will be necessary to induce euthanasia in the animal. (2) In this clause: prohibited procedure means a prohibited procedure as defined in section 9 of the Animal Welfare Act. (Refer to extract from the Animal Welfare Act quoted on page 8.) 25 VETERINARY PREMISES A registered veterinarian must ensure that any premises at which he or she provides veterinary services, and all equipment that he or she has for use in carrying out the veterinary services, are kept in a safe and clean condition. 26 ATTENDANCE BY VETERINARIAN AT VETERINARY PREMISES A registered veterinarian must not permit the use of his or her name in connection with the provision of veterinary services at a particular premises unless the registered veterinarian, or a person appointed to provide veterinary services on his or her behalf, is in regular attendance at the premises during the hours advertised for the provision of the veterinary services at the premises. 27 ETHICAL COMPETITIVE BEHAVIOUR A registered veterinarian who: (a) has acted as locum tenens of, or assistant to, another registered veterinarian; or (b) has been a prospective purchaser of the practice of another veterinarian; must not use any information obtained by him or her in that capacity, or take advantage of acquaintances made by him or her in that capacity with clients of the other registered veterinarian, in establishing a practice in competition with the other registered veterinarian. Page 7 of 8 12 28 COMPLIANCE WITH OTHER LEGISLATION A registered veterinarian must comply with other relevant legislation, as amended from time to time, including the following: (a) Poisons and Dangerous Drugs Act; (b) Agricultural and Veterinary Chemicals (Control of Use) Act; (c) Animal Welfare Act. Extract from Animal Welfare Act – 9 Prohibited procedures (1) Subject to subsection (2), a person must not: (a) dock the tail of an animal; (b) crop the ears of an animal; (c) remove the claws of an animal other than the dew claws of a dog less than 5 days old; (d) remove the voice of an animal; (e) disable a bird by means of pinioning; or (f) engage in horse firing. (2) Subject to the Veterinarians Act and the Veterinarians Regulations, a veterinarian may perform a procedure referred to in subsection (1) if he or she is of the opinion that it is reasonable and necessary to do so. Page 8 of 8 13 Attachment 2 6 Services prescribed not to be veterinary services (1) For the definition veterinary services in section 3 of the Act, the following services are not veterinary services: (a) dehorning cattle or buffalo that are less than 12 months old; (b) castrating cattle, buffalo or camels that are less than 12 months old; (c) castrating goats or sheep that are less than 6 months old; (d) tailing lambs that are less than 6 months old; (e) mulesing sheep; (f) vaccinating animals kept in the course of primary production with a registered veterinary chemical product in accordance with the label; (g) implanting cattle with a hormonal growth promotant that is a registered veterinary chemical product in accordance with the label; (h) pregnancy testing of cattle or buffalo by rectal examination or another technique approved by the Chief Inspector; (i) treatment of internal or external parasites except by naso-gastric intubation; (j) spaying cattle using the Willis Dropped Ovary Technique with the written approval of the Chief Inspector; (k) non-surgical artificial insemination of cattle, sheep, goats or pigs; (l) cleaning and rasping the teeth of horses with a manual tooth rasp; (m) removing loose tooth caps from horses; (n) scaling and polishing the teeth of animals. (2) In this regulation: label, see section 4 of the Agricultural and Veterinary Chemicals (Control of Use) Act. registered veterinary chemical product, see section 4 of the Agricultural and Veterinary Chemicals (Control of Use) Act. Page 1 of 1 14 Attachment 3 7 Exclusion from section 24 of the Act (1) Section 24 of the Act does not apply to: (a) (b) (c) the treatment of an animal by a health practitioner if: (i) a registered veterinarian has examined the animal before the treatment is undertaken; and (ii) the treatment is carried out under the direct supervision of the veterinarian; or the administration to an animal by a person of the following: (i) a substance in accordance with a permit under the Poisons and Dangerous Drugs Act; (ii) a registered or unregistered veterinary chemical product in accordance with the Agricultural and Veterinary Chemicals (Control of Use) Act; or the administration by a person of a Schedule 4 substance as defined in of the Poisons and Dangerous Drugs Act, to an animal where a registered veterinarian: (i) has made enquiries about the animal and decided that the Schedule 4 substance is required to be administered; and (ii) is satisfied that the person who is to administer the Schedule 4 substance is competent to do so; and (iii) has supplied or prescribed the Schedule 4 substance and given full directions with respect to its administration; or (d) anything done by an inspector within the meaning of the Livestock Act in the exercise of a power conferred by that Act; or (e) the veterinary services to be carried out under a permit held by a person to conduct a teaching or research program under the Animal Welfare Act; or (f) the provision of a veterinary service in an emergency, where a registered veterinarian is not reasonably available. Page 1 of 2 15 (2) A reference in subregulation (1) to a registered veterinarian does not include a reference to a person having limited registration as a veterinarian. (3) In this regulation: health practitioner means: (a) a medical practitioner; or (b) a person registered under the Health Practitioner Regulation National Law to practise the chiropractic, dental or physiotherapy profession (other than as a student). Page 2 of 2 16 Attachment 4 Veterinary Board of the Northern Territory GUIDELINES ON STANDARDS TO BE OBSERVED BY REGISTERED VETERINARIANS AND VETERINARY SPECIALISTS IN AND IN CONNECTION WITH THE PROVISION OF VETERINARY SERVICES ISSUED PURSUANT TO SECTION 6(1)(e) OF THE VETERINARIANS ACT GUIDELINES ON RECORD KEEPING GUIDELINES ON ANAESTHESIA GUIDELINES ON STAFF GUIDELINES ON MINIMUM STANDARDS FOR VETERINARY PREMISES GUIDELINES ON MINIMUM STANDARDS FOR HOUSE-CALL PRACTICES 17 VETERINARY BOARD OF THE NORTHERN TERRITORY GUIDELINES ON RECORD KEEPING LEGISLATIVE CONTEXT Veterinarians Act The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Failure to uphold or maintain contemporary professional standards constitutes incompetence within the meaning of misconduct as defined in section 28 of the Veterinarians Act. Code of Conduct – Regulation 9 - Veterinarians Regulations The Code of Conduct prescribed at Regulation 9 of the Veterinarians Regulations requires registered veterinarians to be familiar with and abide by all legislation pertaining to veterinary practice; to maintain current standards of practice in their chosen areas of veterinary practice; and to carry out all veterinary services in accordance with the Board’s guidelines. Specifically, Clause 1 – BASIC PRINCIPLES OF PROFESSIONAL CONDUCT includes the requirement under 1(1)(b) for registered veterinarians to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour (which includes the Veterinarians Act, Veterinarians Regulations, the Code of Conduct, and the Board’s Guidelines). Clause 4 - KNOWLEDGE OF CURRENT STANDARD OF PRACTICE provides at 4(1) that a registered veterinarian must maintain current standards of veterinary practice in their areas of veterinary practice and requires at 4(1)(b) that registered veterinarians “always carry out veterinary services in accordance with those current standards and in accordance with the Board’s guidelines.” Clauses 11, 12 and 16 of the Code of Conduct prescribe the following requirements on the provision, return and the maintenance of veterinary records: Clause 11 PROVISION OF RECORDS “A registered veterinarian who has previously treated an animal must, when requested to do so, and with the consent of the person responsible for the care of the animal, provide copies or originals of the case history records directly to another registered veterinarian who has taken over the treatment of the animal.” 18 Clause 12 RETURN OF RECORDS “A registered veterinarian to whom another registered veterinarian has referred an animal for treatment or a second opinion must return the records provided by the referring registered veterinarians as soon as practicable. Clause 16 RECORDS (1) A registered veterinarian must ensure that a detailed record of any consultation, procedure or treatment is made as soon as practicable. (2) The Board has the power to audit records. (3) The record must: (a) (b) (4) Be legible and in sufficient detail to enable another registered veterinarian to continue the treatment of the animal; and Include the results of any diagnostic tests, analysis and treatments. A registered veterinarian must ensure that all records of any consultation, procedure or treatment are retained for at least 3 years after the records are made. GUILDELINES UNDER SECTION 6(e) OF THE VETERINARIANS ACT RECORD KEEPING (1) Contemporary professional standards for veterinary practice require that case notes should provide sufficient details to enable another veterinarian to continue the treatment of the animal at any time. This includes (but is not necessarily limited to) full details of: - any condition or injury any examination, procedure, treatment any provisional or definitive diagnosis the results of any diagnostic tests estimates on likely extent and cost of treatment, given prior to treatment (as required by clause 17 of the Code of Conduct) any drugs prescribed and directions provided instructions given when the animal is discharged any drugs administered (including amount and route) anaesthetics given. 19 (2) Records on Anaesthesia The Board does expect anaesthetics to be monitored eg heart rate, respiration rate, gum colour, palpable reflex etc. It is accepted that in some emergency situations this is not always possible. However, for routine procedures requiring anaesthetics an assistant is required. The Board does expect the drug, time and route given, to be recorded. (See separate Guidelines on Anaesthesia). In addition, veterinarians are required under section 48 of the Poisons and Dangerous Drugs Act (and its soon to be enacted replacement, the Medicines, Poisons and Therapeutic Goods Act) to maintain a register recording details of the supply or administration of controlled drugs. (3) Board Reliance on Accuracy of Case Notes When a question of conflicting information arises, the Board will rely on the accuracy of the case notes. If there is no written record of the action a veterinarian says was undertaken, the Board will assume that it has not been done. The case notes are an excellent opportunity for veterinarians to express their logic and efforts to do their best for a pet and its owner. Without them, the Board has to determine the likely chain of events, relying on the memory of both parties. There is no logical reason to solely believe the memory of a veterinarian who sees dozens of clients per day, over a client who probably saw only one veterinarian on that day. (4) The Case for More Comprehensive Records The Veterinary Board is not the last point of call and cases can be taken to court. For this reason veterinarians may choose to keep even more comprehensive records. For example time and summaries of telephone calls, outlines of conversations in the consults, itemised written quotes (supplied to pet owners) and recorded anaesthetic monitoring would be useful. These practices may well avoid complaints in the first place. They would supply evidence of what actually happened and reduce the reliance on memory. (5) Summary of Statutory and Professional Responsibilities for Upholding Contemporary Veterinary Standards in relation to Record Keeping In summary, individual veterinarians have a statutory and professional responsibility to uphold and maintain contemporary veterinary standards, which include record keeping. In turn, employing veterinarians are responsible for the standard of the clinical notes in their respective veterinary clinics. 20 Please Note: Practitioners should read these Guidelines in conjunction with the Code of Conduct prescribed in the Veterinarians Regulations and the additional Guidelines published by the Board under Section 6(e) of the Veterinarians Act on the Minimum Standards for: Anaesthesia Staff Veterinary Premises House-Call Practices Copies can be accessed from the Board website: www.vetboard.nt.gov.au Date Last Reviewed - September 2012 21 VETERINARY BOARD OF THE NORTHERN TERRITORY GUIDELINES ON ANAESTHESIA LEGISLATIVE CONTEXT Veterinarians Act The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Failure to uphold or maintain contemporary professional standards constitutes incompetence within the meaning of misconduct as defined in section 28 of the Veterinarians Act. Code of Conduct – Regulation 9 - Veterinarians Regulations The Code of Conduct prescribed at Regulation 9 of the Veterinarians Regulations requires registered veterinarians to be familiar with and abide by all legislation pertaining to veterinary practice; to maintain current standards of practice in their chosen areas of veterinary practice; and to carry out all veterinary services in accordance with the Board’s guidelines. Specifically, Clause 1 – BASIC PRINCIPLES OF PROFESSIONAL CONDUCT includes the requirement under 1(1)(b) for registered veterinarians to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour (which includes the Veterinarians Act, Veterinarians Regulations, the Code of Conduct, and the Board’s Guidelines). Clause 4 - KNOWLEDGE OF CURRENT STANDARD OF PRACTICE provides at 4(1) that a registered veterinarian must maintain current standards of veterinary practice in their areas of veterinary practice and requires at 4(1)(b) that registered veterinarians “always carry out veterinary services in accordance with those current standards and in accordance with the Board’s guidelines.” 22 GUILDELINES UNDER SECTION 6(e) OF THE VETERINARIANS ACT ANAESTHESIA With current technology and drugs, anaesthetic complications are rare and deaths even rarer. Diligent monitoring will avert most anaesthetic deaths. The Board does not expect all veterinarians to have state of the art anaesthetic monitoring equipment, but does expect anaesthetics to be monitored. The Board accepts that in some emergency situations this is not possible. However, for routine procedures within normal business hours, the Board would expect that a second person would be available to assist. The Board does expect the drug, dosage, time and route of administration to be recorded in the clinical notes. (See Guidelines on Minimum Standards for Record Keeping.) In addition, veterinarians are required under section 48 of the Poisons and Dangerous Drugs Act (and its soon to be enacted replacement, the Medicines, Poisons and Therapeutic Goods Act) to maintain a register recording details of the supply or administration of controlled drugs, including the reason for the supply or administration. ______________________________________________________________ Please Note: Practitioners should read these Guidelines in conjunction with the Code of Conduct prescribed in the Veterinarians Regulations and the additional Guidelines published by the Board under Section 6(e) of the Veterinarians Act on the Minimum Standards for: Record Keeping Staff Veterinary Premises House-Call Practices Copies can be accessed from the Board website: www.vetboard.nt.gov.au Date Last Reviewed - September 2012 23 VETERINARY BOARD OF THE NORTHERN TERRITORY GUIDELINES ON STAFF LEGISLATIVE CONTEXT Veterinarians Act The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Failure to uphold or maintain contemporary professional standards constitutes incompetence within the meaning of misconduct as defined in section 28 of the Veterinarians Act. Code of Conduct – Regulation 9 - Veterinarians Regulations The Code of Conduct prescribed at Regulation 9 of the Veterinarians Regulations requires registered veterinarians to be familiar with and abide by all legislation pertaining to veterinary practice; to maintain current standards of practice in their chosen areas of veterinary practice; and to carry out all veterinary services in accordance with the Board’s guidelines. Specifically, Clause 1 BASIC PRINCIPLES OF PROFESSIONAL CONDUCT includes the requirement under 1(1)(b) for registered veterinarians to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour (which includes the Veterinarians Act, Veterinarians Regulations, the Code of Conduct, and the Board’s Guidelines). Clause 4 KNOWLEDGE OF CURRENT STANDARD OF PRACTICE provides at 4(1) that a registered veterinarian must maintain current standards of veterinary practice in their areas of veterinary practice and requires at 4(1)(b) that registered veterinarians “always carry out veterinary services in accordance with those current standards and in accordance with the Board’s guidelines.” Clause 5 STAFF - provides that: “A registered veterinarian who” (a) (b) employs a person other than a registered veterinarian to assist in the provision of veterinary services; or is responsible for the supervision of a person other than a registered veterinarian who is so employed; must ensure to the best of his or her ability that the person carries out the duties of his or her employment effectively and in compliance with any law relating to the provision of veterinary services.” 24 Clause 14 SKILLS, KNOWLEDGE AND EQUIPMENT OF ASSISTANTS “A registered veterinarian must ensure that all persons assisting in the provision of veterinary services to animals in his or her care have the skills, knowledge and available equipment to enable the registered veterinarian to perform his or her duties according to the current standards of the practice of veterinary science, except in case of an emergency.” GUIDELINES UNDER SECTION 6(e) OF THE VETERINARIANS ACT STAFF (1) Employees Employed veterinarians should be aware of their competencies and encouraged to seek assistance within the practice whenever they find themselves at the limit of their own experience and knowledge. (2) Employers Employers have a key role in ensuring the competency of their employees. This is particularly important in relation to newly registered or inexperienced veterinarians. Employers have an obligation to ensure that their employees have sufficient surgical, medical and communication skills to meet contemporary professional standards. The practice culture should facilitate and encourage: formal and informal discussion and feedback on cases and the expectations of clients; guidance on adherence to established practice protocols and procedures; and general compliance with all governing legislation (including the scope of practice permitted by non-veterinary staff). Performance management systems may need to be put in place in situations where a veterinary employee continues to make errors or demonstrates poor practice such as a lack of skill or knowledge or poor judgement. 25 (3) Vicarious Liability Employers may be responsible for the acts or omissions of their employees. Under common law, an employer may be vicariously liable for negligent acts carried out by employees in the course of their employment if the acts are authorised or seen as a mode of doing something that is authorised. It is the employer’s responsibility to ensure that the requirements of the Act and regulations, and all legislation impacting on veterinary practice, are complied with. Employers should recognise that they have an obligation to guide and assist the veterinarians they employ, particularly recent graduates. Please Note: Practitioners should read these Guidelines in conjunction with the Code of Conduct prescribed in the Veterinarians Regulations and the additional Guidelines published by the Board under Section 6(e) of the Veterinarians Act on the Minimum Standards for: Anaesthesia Record Keeping Veterinary Premises House-Call Practices Copies can be accessed from the Board website: www.vetboard.nt.gov.au Date Last Reviewed - September 2012 26 VETERINARY BOARD OF THE NORTHERN TERRITORY GUIDELINES ON MINIMUM STANDARDS FOR VETERINARY PREMISES LEGISLATIVE CONTEXT Veterinarians Act The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Failure to uphold or maintain contemporary professional standards constitutes incompetence within the meaning of misconduct as defined in section 28 of the Veterinarians Act. Code of Conduct – Regulation 9 - Veterinarians Regulations The Code of Conduct prescribed at Regulation 9 of the Veterinarians Regulations requires registered veterinarians to be familiar with and abide by all legislation pertaining to veterinary practice; to maintain current standards of practice in their chosen areas of veterinary practice; and to carry out all veterinary services in accordance with the Board’s guidelines. Specifically, Clause 1 – BASIC PRINCIPLES OF PROFESSIONAL CONDUCT includes the requirement under 1(1)(b) for registered veterinarians to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour (which includes the Veterinarians Act, Veterinarians Regulations, the Code of Conduct, and the Board’s Guidelines). Clause 4 - KNOWLEDGE OF CURRENT STANDARD OF PRACTICE provides at 4(1) that a registered veterinarian must maintain current standards of veterinary practice in their areas of veterinary practice and requires at 4(1)(b) that registered veterinarians “always carry out veterinary services in accordance with those current standards and in accordance with the Board’s guidelines.” Clause 25 – VETERINARY PREMISES - provides that: “A registered veterinarian shall ensure that any premises at which he or she provides veterinary services, and all equipment that he or she has for use in the carrying out of veterinary services, are kept in a safe and clean condition.” 27 GUIDELINES UNDER SECTION 6(e) OF THE VETERINARIANS ACT MINIMUM STANDARDS FOR VETERINARY PREMISES Registered veterinary practitioners should ensure that they are familiar with the contents of this Guideline. The Board determines this Guideline to be the minimum standard expected from a registered veterinary practitioner exercising reasonable skill and care in the course of providing treatment to animals. Definition For the purpose of this Guideline the definition of veterinary premises is any building or place in Darwin, Palmerston, the Darwin rural areas of Howard Springs and Humpty Doo, Katherine and Alice Springs, where veterinary procedures are performed. This includes all fixed premises from large hospitals to consulting rooms, and includes rooms embedded in other business premises. Whilst veterinary premises may be owned by any person or company, the Veterinary Board of the Northern Territory determines that it is the responsibility of registered veterinarians employed in or by the practice to ensure that the premises meet certain minimum standards. GENERAL STANDARDS All veterinary premises, including consulting rooms, clinics and hospitals shall: (A) be clean and hygienic at all times; (B) have on prominent display, the telephone number and days and hours of attendance and arrangements for obtaining after hours services; (C) have a separate area for use as a waiting room and for the purpose of client reception; (D) have internal floors and walls constructed from easily cleaned material in any area or room that is used for animal accommodation, surgical procedures, medical treatment and other procedures, and in the client waiting rooms; (E) provide facilities to weigh small animal patients; (F) provide for the maintenance of thorough patient records. (G) provide in the consulting area: (i) an examination table with impervious surfaces; and provide either in or immediately adjacent to the consulting area: (ii) a basin with running water and fixed drainage; 28 (H) have lockable storage for drugs as required by the Poisons and Dangerous Drugs Act (or its soon to be enacted replacement Act, the Medicines, Poisons and Therapeutic Goods Act and Regulations and the Agricultural and Veterinary Chemicals (Control of Use) Act and Regulations (or any subsequent amendment to these regulations); (I) have facilities for any excreta, putrescible waste, soiled bedding and carcasses to be stored in such a way and disposed of at intervals sufficient to avoid: (i) (ii) (iii) the generation of offensive odours; offensive appearance; and those materials becoming a hazard to health; (J) provide facilities that allow for the prevention of the spread of contagious disease between patients; (K) where general anaesthetics are administered, provide facilities and equipment for inhalation anaesthesia and resuscitation of patients (eg an emergency drug kit and the ability to give positive pressure ventilation) and, for routine procedures within business hours, have a trained assistant present for the purpose of anaesthetic monitoring and to assist in maintaining sterility. (L) where surgical services are offered there must be facilities for adequate storage and sterilisation of appropriate surgical instruments; (M) meet the requirements of local authority by-laws or other regulations applicable to veterinary premises; (N) provide facilities for correct collection and disposal of sharps; (O) if radiographic services are offered then the services must comply with Occupational Health and Safety requirements and any other regulations may be in force; (P) as provide adequate cooling or heating and ventilation of any area in which any kennel, cage, or stall is situated – individual cage heating is acceptable; (Q) provide kennels or cages that comply with current veterinary standards. The cages or kennels should be made from non-porous material, be with appropriate size for the patient, have no sharp edges or points on which a patient can injure itself, and have an adequate latching device so as to hold the patient securely. (R) provide appropriate isolation facilities for: (i) (ii) animals with suspected infectious diseases animals treated with chemical or radioactive substances that may be harmful to staff 29 ADDITIONAL STANDARDS FOR SHARED PREMISES Where a veterinary practice is conducted on the same premises as a commercial enterprise, such as boarding kennels and/or a grooming parlour: (1) The practice rooms and facilities shall be separate from those of the enterprise. (2) Animals coming to the surgery will be kept separate from animals coming to the premises for other reasons. ______________________________________________________________ Please Note: Practitioners should read these Guidelines in conjunction with the Code of Conduct prescribed in the Veterinarians Regulations and the additional Guidelines published by the Board under Section 6(e) of the Veterinarians Act on the Minimum Standards for: Anaesthesia Record Keeping Staff House-Call Practices Copies can be accessed from the Board website: www.vetboard.nt.gov.au Date Last Reviewed - September 2012 ____________________________________________________________________ ___ Acknowledgement: In developing these Guidelines, the Veterinary Board of the Northern Territory has drawn from the Guidelines adopted by the Veterinary Practitioners Registration Board of Victoria and acknowledges the assistance provided by the Victorian Board 30 VETERINARY BOARD OF THE NORTHERN TERRITORY GUIDELINES ON MINIMUM STANDARDS FOR HOUSE CALL PRACTICES LEGISLATIVE CONTEXT Veterinarians Act The Board is empowered under section 6(e) of the Veterinarians Act to issue guidelines on standards in relation to the provision of veterinary services that must be observed by registered veterinarians and veterinary specialists. Failure to uphold or maintain contemporary professional standards constitutes incompetence within the meaning of misconduct as defined in section 28 of the Veterinarians Act. Code of Conduct – Regulation 9 - Veterinarians Regulations The Code of Conduct prescribed at Regulation 9 of the Veterinarians Regulations requires registered veterinarians to be familiar with and abide by all legislation pertaining to veterinary practice; to maintain current standards of practice in their chosen areas of veterinary practice; and to carry out all veterinary services in accordance with the Board’s guidelines. Specifically, Clause 1 – BASIC PRINCIPLES OF PROFESSIONAL CONDUCT includes the requirement under 1(1)(b) for registered veterinarians to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour (which includes the Veterinarians Act, Veterinarians Regulations, the Code of Conduct, and the Board’s Guidelines). Clause 4 - KNOWLEDGE OF CURRENT STANDARD OF PRACTICE provides at 4(1) that a registered veterinarian must maintain current standards of veterinary practice in their areas of veterinary practice and requires at 4(1)(b) that registered veterinarians “always carry out veterinary services in accordance with those current standards and in accordance with the Board’s guidelines.” 31 GUILDELINES UNDER SECTION 6(e) OF THE VETERINARIANS ACT MINIMUM STANDARDS FOR HOUSE CALL PRACTICES Registered veterinary practitioners should ensure that they are familiar with the contents of this Guideline. The Board determines this Guideline to be the minimum standard expected from a registered veterinary practitioner exercising reasonable skill and care in the course of providing treatment to animals. Definition A “House Call Practice” is a practice that primarily offers house call veterinary services in Darwin, Alice Springs and Katherine, not including visits for large animal consultations to farms, stables or other livestock premises. (Darwin includes Palmerston and the rural areas of Howard Springs and Humpty Doo.) STANDARDS (A) A House Call Practice shall provide ready communication for the public with the house call veterinarian(s), including arrangements for out-of-hours and/or emergency cases. (B) A House Call Practice shall have access to a fixed veterinary premise which complies with Guidelines on Minimum Standards for Veterinary Premises. (C) When performing house calls, the veterinarian shall carry out only those procedures for which they have suitable facilities and equipment, and that do not require general anaesthetic. All other procedures are to be performed at the base clinic or other suitable veterinary premises. (D) The vehicle used for house calls shall: (a) be clean and hygienic at all times; (b) have secure storage for carrying drugs as required by the Poisons and Dangerous Drugs Act (or its soon to be enacted replacement Act, the Medicines, Poisons and Therapeutic Goods Act) and Regulations and the Agricultural and Veterinary Chemicals (Control of Use) Act and Regulations (or any subsequent amendment to these regulations); (c) carry adequate measures to ensure that full and accurate contemporaneous medical records are able to be completed; 32 (d) provide the necessary facilities for the safe transportation of patients when required; (e) carry sufficient instruments and equipment for a thorough clinical examination; (f) be capable of being locked and meet the requirements of all government regulations, including the Poisons and Dangerous Drugs Act or its soon to be enacted replacement Act, the Medicines, Poisons and Therapeutic Goods Act) and Regulations, and local government regulations. (g) provide facilities that allow for the prevention of spread of infectious disease between patients and premises. Please Note: Practitioners should read these Guidelines in conjunction with the Code of Conduct prescribed in the Veterinarians Regulations and the additional Guidelines published by the Board under Section 6(e) of the Veterinarians Act on the Minimum Standards for: Anaesthesia Record Keeping Staff Veterinary Premises Copies can be accessed from the Board website: www.vetboard.nt.gov.au Date Last Reviewed - September 2012 ____________________________________________________________________ ____ Acknowledgement: In developing these Guidelines, the Veterinary Board of the Northern Territory has drawn from the Guidelines adopted by the Veterinary Practitioners Registration Board of Victoria and acknowledges the assistance provided by the Victorian Board. 33 Attachment 5 Veterinary Board of the Northern Territory ADVISORY NOTE ON PROFESSIONAL AND STATUTORY OBLIGATIONS TO BE MET AND BORNE BY REGISTERED VETERINARIANS WHEN PRESCRIBING DRUGS TO NON-VETERINARIANS 34 ADVISORY NOTE TO ALL NORTHERN TERRITORY REGISTERED VETERINARIANS PROFESSIONAL AND STATUTORY OBLIGATIONS TO BE MET AND BORNE BY VETERINARIANS WHEN PRESCRIBING DRUGS TO NON-VETERINARIANS This advisory note is issued in response to the Board’s concerns that some veterinarians may not be aware of the full extent of the professional and statutory obligations to be met and borne by veterinarians when prescribing and supplying drugs to non-veterinarians and the associated record keeping requirements. Statutory Responsibilities It is the duty of registered veterinarians to be aware of their responsibilities under the laws relating to their professional practice. Clause 1(1)(b) and clause 28 of the Code of Conduct prescribed in the Northern Territory Veterinarians Regulations require registered veterinarians “to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour”, including the Veterinarians Act, Veterinarians Regulations, the Animal Welfare Act, the Poisons and Dangerous Drugs Act and Regulations. and the Agricultural and Veterinary Chemicals (Control of Use) Act and Regulations. The Code of Conduct requires that: “A registered veterinarian must ensure that a detailed record of any consultation, procedure or treatment is made as soon as is practicable” - Clause 16(1). The record must be legible and contain “sufficient detail to enable another registered veterinarian to continue the treatment of the animal” - Clause 16(3). A registered veterinarian who provides a client with a drug, or a prescription for a drug, for an animal, must give the client proper directions with respect to the administration of the drug, and advise the client of any safety or other precautions that should be taken in connection with the drug and of any withholding period that may be applicable” - Clause 21. A registered veterinarian must, when accepting an animal for diagnosis or treatment, ensure that he or she is available for the on-going care of the animal or make arrangements for another registered veterinarian to take over the care of the animal – Clause 9. Authority to Prescribe A veterinarian’s authority to obtain and prescribe Schedule 1,2,3,4,5,6,7 and 8 substances for therapeutic use on an animal, is provided by the Poisons and Dangerous Drugs Act, which regulates the supply, possession and use of poisons and dangerous drugs and includes specific provisions on storage and records keeping. With this authority comes a responsibility for veterinarians to comply with the legislation and to act in a professional manner. The Agricultural and Veterinary Chemicals (Control of Use) Act and Regulations further prescribe the duties and responsibilities expected of veterinarians in relation to controlling the use of veterinary chemical products. Regulation 7 - Veterinarians Regulations Regulation Number 7 of the Veterinarians Regulations sets out the circumstances in which a veterinarian may supply drugs to a non-veterinarian as follows: Clause 7(1) (b) allows for “the administration of the administration to an animal by a person of the following: (i) a substance in accordance with a permit under the Poisons and Dangerous Drugs Act; (ii) a registered or unregistered veterinary chemical product in accordance with the Agricultural and Veterinary Chemicals (Control of Use) Act; or 35 (c) the administration by a person of a Schedule 4 substance as defined in of the Poisons and Dangerous Drugs Act, to an animal where a registered veterinarian: (i) (ii) (iii) has made enquiries about the animal and decided that the Schedule 4 substance is required to be administered; and is satisfied that the person who is to administer the Schedule 4 substance is competent to do so; and has supplied or prescribed the Schedule 4 substance and given full directions with respect to its administration A Guide to Compliance with Clause 7 - Veterinarians Regulations As a general guide to compliance with Clause 7, in issuing such a prescription, the veterinarian takes full responsibility for: the sale and appropriate use of the medicine and for issuing adequate instructions about its use in order to manage any risks to users, the public, animals, consumers, the environment or trade examining or making enquiries of the animal establishing that there is a therapeutic need for the drug and that is in the best interests of the animal/herd/flock confirming that the amount dispensed is reasonable dispensing only a reasonable amount of the drug to treat the immediate problem ensuring that the medication/drug will be used properly fulfilling requirements for storage and handling compliance with documentation, record keeping and labelling protocols any after care necessary for the animal’s welfare his/her own understanding of the use of the drug and possible cautions adhering to any additional requirements for a food producing animal , which includes horses and crocodiles (including advising the client of the withholding period/export slaughter interval) having a system of follow up to check on the use of and outcome from the medication/drug. Appropriate Operational Procedures It is advisable for registered veterinarians to establish appropriate operational procedures and protocols that comply with the legislation and record keeping requirements, and address fully, the responsibilities borne by prescribing veterinarians in exercising control, oversight and checks on the use of the drugs they prescribe for administration by non-veterinarians. Access to copies of relevant legislation Veterinarians may access full copies of all legislation that impacts on veterinary practice at the Veterinary Board’s website at www.vetboard.nt.gov.au or the Northern Territory Government Legislation Website at www.nt.gov.au/dcm/legislation/current.html 36 Australian Veterinary Association (AVA) Resource In addition, the AVA document entitled “Guidelines for Prescribing, Authorising and Dispensing Veterinary Medicines” is a usual resource and reference tool that can be viewed and/or downloaded from www.ava.com.au. Date Last Reviewed - September 2012 37