Veterinary Law VETERINARY REGULATIONS

CAYMAN ISLANDS Veterinary Law VETERINARY REGULATIONS (1998 Revision) Supplement No. 5 published with Gazette No. 15 of 20th July, 1998. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975). The Veterinary Regulations, 1978 made the 4th July, 1978. Consolidated with- Veterinary (Amendment) Regulations, 1980 made the 4th March, 1980 Veterinary (Amendment) Regulations, 1997 made the 8th March, 1997. Consolidated and revised this 16th day of June , 1998. Page 2 Revised as at 16th day of June , 1998 c Veterinary Regulations Arrangement of Regulations CAYMAN ISLANDS Veterinary Law VETERINARY REGULATIONS (1998 Revision) Arrangement of Regulations Regulation Page PART I - INTRODUCTORY 1. Citation ......................................................................................................................................5 2. Definitions ..................................................................................................................................5 PART II - VETERINARY SURGEONS 3. Qualification for registration as veterinary surgeon .....................................................................5 4. Application fee and effect of registration of veterinary surgeons .................................................6 5. Temporary practitioners of veterinary surgery ............................................................................6 PART III - ANIMAL HEALTH ASSISTANTS 6. Qualifications of animal health assistant ....................................................................................7 7. Application for and effect of registration of animal health assistant .............................................7 8. Temporary animal health assistant ............................................................................................7 9. Functions of animal health assistant ..........................................................................................8 PART IV - DISCIPLINARY PROCEEDINGS 10. Discipline ...................................................................................................................................9 11. Procedure upon receipt of complaint ..........................................................................................9 12. Procedure at disciplinary hearing ............................................................................................. 10 13. Decision of the Board .............................................................................................................. 11 14. Appeals ................................................................................................................................... 12 c Revised as at 16th day of June , 1998 Page 3 Arrangement of Regulations Veterinary Regulations PART V - RESTORATION OF NAME TO REGISTER OR ROLL 15. Restoration to Register ............................................................................................................ 12 FIRST SCHEDULE 15 FORMS AND CERTIFICATES 15 SECOND SCHEDULE 19 REGISTERS 19 Page 4 Revised as at 16th day of June , 1998 c Veterinary Regulations Regulation 1 CAYMAN ISLANDS Veterinary Law VETERINARY REGULATIONS (1998 Revision) PART I - INTRODUCTORY 1. Citation 1. These regulations may be cited as the Veterinary Regulations (1998 Revision). 2. Definitions 2. In these regulations — “approved training institution” means an institution approved by the Board for the purposes of these regulations as a training school or as a part of a training school; and “Form” means a form contained in the First Schedule to these regulations. PART II - VETERINARY SURGEONS 3. Qualification for registration as veterinary surgeon 3. No person shall be registered as a veterinary surgeon unless he — (a) holds a degree in veterinary surgery from a University or College recognised by the Board; or c Revised as at 16th day of June , 1998 Page 5 Regulation 4 Veterinary Regulations (b) has any other qualification in veterinary surgery considered by the Board to be of at least an equivalent standard to that specified in paragraph (a). 4. Application fee and effect of registration of veterinary surgeons 4. (1) Whoever satisfies the requirements for registration may apply to the Board in Form A for registration as a veterinary surgeon. (2) Whoever applies for registration as a veterinary surgeon in accordance with subregulation (1), furnishes such satisfactory reference as to character as the Board may require and pays the registration fee which, except in the case of a temporary registration to which regulation 5 refers, is forty dollars, shall be registered as a veterinary surgeon and shall, while he is so registered, be entitled to use the title “registered veterinary surgeon”. (3) A certificate of registration in Form B shall be issued by the Registrar to every person registered as a veterinary surgeon under subregulation (2). (4) If a certificate of registration is lost or destroyed, the person to whom it was issued may apply to the Board for another certificate which shall be issued on payment of a fee of four dollars. A certificate so issued shall be clearly marked “Duplicate”. (5) The register shall contain, in respect of every registered veterinary surgeon, the particulars specified in Part I of the Second Schedule. (6) The Registrar shall, on or before the 1st May in every year, publish in the Gazette a list of all registered veterinary surgeons. 5. Temporary practitioners of veterinary surgery 5. (1) Whoever desires to practise veterinary surgery in the Islands for a limited period and who satisfies the requirements for registration specified in regulation 3, may apply to the Board in Form A to be temporarily registered as a veterinary surgeon. (2) Applications shall be accompanied by a certificate signed by the Director of Veterinary Services stating the nature of the assignment which the applicant intends to undertake and the period of time for which the registration is required and by the registration fee of five dollars for each month, or part of a month, in such period. (3) The Board may, after considering the application, direct the Registrar to enter the name of the applicant in the register of veterinary surgeons and to cause a note to be made next to the entry in the register that the registration is temporary and the period of registration. Page 6 Revised as at 16th day of June , 1998 c Veterinary Regulations Regulation 6 PART III - ANIMAL HEALTH ASSISTANTS 6. Qualifications of animal health assistant 6. (1) A person may be enrolled as an animal health assistant if he — (a) holds a certificate of proficiency from an approved training institution; or (b) holds a certificate of proficiency in respect of a programme of training approved by the Board. 7. Application for and effect of registration of animal health assistant 7. (1) Whoever satisfies the requirements for enrolment may apply to the Board in Form C for enrolment as an animal health assistant. (2) Whoever applies for enrolment in accordance with subregulation (1), furnishes such satisfactory reference as to character as the Board may require and pays the enrolment fee of ten dollars shall be enrolled as an animal health assistant and shall, while so enrolled, be entitled to use the title “enrolled animal health assistant.” (3) A certificate of enrolment in Form D shall be issued by the Registrar to every person enrolled as an animal health assistant under subregulation (2). (4) If a certificate of enrolment is lost or destroyed, the person to whom it was issued may apply to the Board for another certificate which shall be issued on payment by the applicant of a fee of two dollars. A certificate so issued shall be clearly marked “Duplicate”. (5) The roll shall contain, in respect of every person registered as an animal health assistant, the particulars specified in Part 2 of the Second Schedule hereto. (6) The Registrar shall, on or before the 1st May in every year, publish in the Gazette the list of all registered animal health assistants. 8. Temporary animal health assistant 8. (1) Whoever desires to work in the Islands for a limited period as an animal health assistant and who satisfies the requirements for enrolment specified in regulation 6, may apply to the Board in Form C to be temporarily enrolled as an animal health assistant. (2) Any such application shall be accompanied by a certificate signed by the Director of Veterinary Services stating the name of the registered veterinary surgeon under whose supervision the applicant proposes to work and the period for which the enrolment is required. (3) The Board may, after considering the application, direct the Registrar to enter the name of the applicant in the roll of animal health assistants, and to cause a note to be made next to the entry in the roll that the enrolment is temporary, c Revised as at 16th day of June , 1998 Page 7 Regulation 9 Veterinary Regulations the period of the enrolment and the name of the registered veterinary surgeon under whose supervision the animal health assistant proposes to work. 9. Functions of animal health assistant 9. (1) An enrolled animal health assistant may perform the following functions — (a) the preparation and sterilisation of equipment; (b) the preparation of simple solutions; (c) the collection of blood samples, milk samples, faecal samples and parasitic specimens; (d) the collection of post mortem specimens and the preparation thereof for examination in a laboratory; (e) the handling of vaccines and the maintenance of biological products; (f) the vaccination of animals; (g) the restraint of all types of animals; (h) the giving of assistance in the marking and identification of animals; (i) the preparation of records; (j) the performance of minor surgical procedures, as for example, the making and examination of blood and faecal smears; (k) the performance of minor surgical procedures as, for example, the treatment of wounds, the opening of abscesses and castration of — (i) cattle up to eight months of age; (ii) swine up to five months of age; (iii) goats; and (iv) sheep; (l) the giving of advice to farmers and the explanation of programmes and methods of control; and (m) the performance of any veterinary duty which he may be instructed to perform by the registered veterinary surgeon under whose supervision he works. (2) An animal health assistant shall, at all times, perform his functions under the supervision of a registered veterinary surgeon. (3) An animal health assistant who contravenes subregulation (2) is guilty of professional misconduct. Page 8 Revised as at 16th day of June , 1998 c Veterinary Regulations Regulation 10 PART IV - DISCIPLINARY PROCEEDINGS 10. Discipline 10. (1) Where it is proved to the Board, by the certificate of the competent officer of the Court in which the proceedings took place, that a registered veterinary surgeon or an enrolled animal health assistant has been convicted of a criminal offence which, in the opinion of the Board, renders him unfit to practise veterinary surgery, and that such conviction has not been quashed on appeal, the Board may forthwith and without further enquiry direct the Registrar to remove the name of such registered veterinary surgeon or enrolled animal health assistant from the relevant register or roll. (2) Where the Board receives a notification from the competent officer of any statutory veterinary body constituted outside the Islands that a registered veterinary surgeon or an enrolled animal health assistant has been deprived of, or suspended from, membership of that body on the grounds of professional misconduct, the Board shall forthwith direct the Registrar to inform that registered veterinary surgeon or enrolled animal health assistant, by registered letter, that the Board has received such notification and to invite him to show cause, within such period as the Board may allow — (a) why his name should not be removed from the register or the roll; or (b) why his registration or enrolment should not be suspended. (3) Where — (a) no reply is received from the registered veterinary surgeon or enrolled animal health assistant; or (b) the registered veterinary surgeon or enrolled animal health assistant is unable to show cause as aforesaid, the Board shall forthwith direct the Registrar to remove the name of that registered veterinary surgeon or enrolled animal health assistant from the register or to suspend his registration or enrollment, as the case may require. (4) The action of the Board shall, in due course, be notified to the statutory veterinary body from which the notification as to the removal of the name from the register or the suspension was received. 11. Procedure upon receipt of complaint 11. (1) Where, in relation to a registered veterinary surgeon or an enrolled animal assistant, an allegation is made to the Board as to any of the matters mentioned in paragraph (a), (b), or (d) of section 9(1), the Board shall direct the Registrar to write to such registered veterinary surgeon or enrolled animal health assistant — (a) notifying him of the allegation made against him; c Revised as at 16th day of June , 1998 Page 9 Regulation 12 Veterinary Regulations (b) forwarding a copy of any affidavit or other document relating to the allegation; and (c) inviting him to furnish, within such period as the Board may specify, any written statement or explanation which he may desire to offer. (2) In any case where the Board, having considered the allegation and the explanation, if any, given by the registered veterinary surgeon or the enrolled animal health assistant (hereinafter referred to as “the respondent”) is of the opinion that no prima facie case is made out, or that the allegation appears to be frivolous or vexatious, the Board shall direct the Registrar so to inform the complainant and the respondent in such terms as the Board may direct. (3) Where the Board, having considered the allegation and the explanation, if any, given by the respondent, is of the opinion that a prima facie case is made out and that the matter should proceed to a hearing, the Board shall fix a day for the holding of an enquiry. (4) When the Board has fixed a day for the holding of an enquiry, the Registrar shall forthwith send to the respondent a notice in writing, specifying the nature and particulars of the charge against him, and informing him of the time and place at which the Board will hold an enquiry into the matter. (5) Such notice shall be sent by registered post to the registered address of the respondent contained in the register or roll, or, if the Registrar has reason to believe that that address is not his current address then to any later address which may be known to the Registrar, and shall be posted so as to allow not less than twenty-eight days to elapse between the day on which the notice is posted and the date fixed for the enquiry. (6) A copy of such notice shall be sent to the complainant, if any, and to such other persons as the Board may direct. (7) A party to an enquiry may be represented at the hearing by an attorney-at-law or other person, so however, that if any party intends to be so represented he shall give not less than seven days’ notice of such intention to the Registrar. 12. Procedure at disciplinary hearing 12. (1) At the hearing of the case, the attorney-at-law, Registrar or other person appointed by the Board for the purpose shall first state to the Board the charge alleged against the respondent and the facts of the case, and shall submit the evidence in support of the charge and may call witnesses. (2) The respondent or his representative shall be entitled to cross-examine any witness appearing against him or matters relevant to the charge. (3) When the statement of the charge and the evidence in support thereof are concluded, the respondent or his representative shall be invited to adduce evidence in answer to the charge and to call witnesses. Page 10 Revised as at 16th day of June , 1998 c Veterinary Regulations Regulation 13 (4) The attorney-at-law, Registrar or other person appointed by the Board for the purpose shall be entitled to cross-examine any witnesses giving evidence for the respondent on matters relevant to the charge. (5) Whether the respondent adduces evidence or not in answer to the charge, he or his representative may address the Board, and, where evidence is adduced, such address may be made either before or after such evidence. (6) At the conclusion of the case for the respondent, the attorney-at-law, Registrar or other person appointed by the Board for the purpose shall be entitled to reply upon the whole case. (7) If the respondent does not attend, either personally or by a representative, the Board may proceed to hear and determine the case in his absence. (8) Notes of the proceedings shall be taken by the Registrar or other person appointed by the Board for the purpose; and any party who appeared at the hearing shall be entitled to inspect the original or a copy thereof. (9) Every person entitled to be heard upon any appeal against the findings of the Board shall be entitled to a copy of such notes on payment of such reasonable charges as may, from time to time, be imposed by the Board. 13. Decision of the Board 13. (1) Upon the conclusion of the case, the Board, after considering all the relevant evidence, shall pronounce its decision either forthwith, at a later date in writing or at a subsequent meeting. (2) The Registrar shall, immediately after the pronouncement by the Board of its findings, inform the respondent by registered letter of the decision of the Board, and shall, after twenty-eight days from the date of posting such letter, or, where there is an appeal, if such appeal is unsuccessful, remove the name of the respondent from the register or roll, if directed so to do by the Board, or take such other action as may be appropriate in any particular case to enforce the decision of the Board. (3) The Registrar shall make a note beside the entry relating to the respondent in the register or the roll of the decision of the Board. (4) Where the Board directs that the name of the respondent be removed from the register or roll, the Registrar shall notify the statutory veterinary body in any country where the Registrar is aware that the respondent is registered or enrolled under the laws of that country. c Revised as at 16th day of June , 1998 Page 11 Regulation 14 Veterinary Regulations 14. Appeals 14. (1) Any appeal to the Governor in Council under section 10 shall be commenced by notice in writing, and such notice shall be lodged with the Clerk of Executive Council and a copy thereof delivered to the Registrar within twenty- one days from the date of the decision appealed against. (2) Every such notice of appeal shall include — (a) the name and address of the applicant; (b) particulars of the decision of the Board against which the appeal is being made; (c) the grounds of appeal; and (d) copies of all relevant correspondence and documents. (3) Notwithstanding subregulation (1), the Governor in Council may hear and determine an appeal lodged after the time provided if, in all the circumstances of the particular case, the Governor in Council considers it just and proper so to do. PART V - RESTORATION OF NAME TO REGISTER OR ROLL 15. Restoration to Register 15. (1) Where the name of a registered veterinary surgeon or an enrolled animal health assistant has been removed from the register or the roll pursuant to section 9, any application for its restoration to the register or roll shall be made in writing addressed to the Registrar and signed by the applicant, stating the grounds on which the application is made. (2) The application shall contain the names and addresses of three or more persons able and willing to identify the applicant and to give evidence as to his conduct, character and the nature of his employment since the removal of his name from the register or roll, and such other evidence as the Board may require. (3) Not less than two of the persons mentioned in subregulation (2) shall belong to one or more of the following categories — (a) Ministers of Religion; (b) Justices of the Peace; (c) registered veterinary surgeons; or (d) enrolled animal health assistants. (4) The Board may require the applicant to verify by statutory declaration any statement made in his application, or any further statement which it may think Page 12 Revised as at 16th day of June , 1998 c Veterinary Regulations Regulation 15 necessary, and may, if it thinks fit, require the applicant to attend in person at a meeting of the Board at which the matter is to be considered. (5) If, upon consideration of the application and of the evidence furnished in support of it, the Board is satisfied that the name of the applicant should be restored to the register or the roll, it may direct the Registrar accordingly, and, upon payment by the applicant of the registration fee, his name shall be restored to the register or the roll, and a new certificate of registration or enrolment shall be issued to him. (6) Where the name of a person has been restored to the register or the roll under this Part, notification of that fact shall forthwith be sent by the Registrar to every statutory veterinary body to which notice was sent under regulation 13(2) when that name was removed from the register or the roll. (7) Where the Board receives a notification from a statutory veterinary body constituted outside the Islands that they have restored to their register or roll the name of a person whose name they had removed from their register or roll, and the name of that person was removed from the Register of Veterinary Surgeons or the Roll of Animal Health Assistants, the Board shall consider the matter and shall, if it thinks fit in all the circumstances and at its discretion, likewise restore the name of that person to the register or the roll, if he applies under and conforms to such of the provisions of this Part as the Board requires. (8) The Registrar shall, as soon as practicable after the Board restores the name of a person to the register or the roll under subregulation (7), notify the fact of such restoration to the statutory veterinary body in any country in which the Board is aware that such person was registered or enrolled under the laws of that country. c Revised as at 16th day of June , 1998 Page 13 Veterinary Regulations FIRST SCHEDULE FIRST SCHEDULE FORMS AND CERTIFICATES Form A (Regulation 4) CAYMAN ISLANDS VETERINARY LAW (1997 Revision) APPLICATION TO THE VETERINARY BOARD FOR REGISTRATION AS A VETERINARY SURGEON Name of applicant (surname first-block letters) Address of applicant Date of birth Place of birth Nationality Address of (intended) practice Qualifications of applicant Photostat or certified copies of certificates and diplomas should be attached. State countries or institutions in which you have practised since qualifying- Countries or institutions Date From To In what countries are you now registered or entitled to practice as a veterinary surgeon? Has your registration or entitlement to practise as a veterinary surgeon in any country ever been cancelled or suspended? If so, on what date and for what reasons? Has registration as a veterinary surgeon ever been refused in any country? If so, on what date and for what reasons? Names and addresses of three referees as to character I enclose- (a) copies of certificates or diplomas (b) a fee of forty dollars I hereby apply to be registered as a veterinary surgeon and declare that I am the person named in the enclosed certificate or diploma and that the above information is true and correct. c Revised as at 16th day of June , 1998 Page 15 FIRST SCHEDULE Veterinary Regulations Signature of applicant Date To be completed by the Registrar Date registered or application refused Registration No., if registered Reason for refusal, if refused Signature of Registrar Date _________________________________________________________________ Page 16 Revised as at 16th day of June , 1998 c Veterinary Regulations FIRST SCHEDULE Form B Regulation 4(3) CAYMAN ISLANDS VETERINARY LAW (1997 Revision) CERTIFICATE OF REGISTRATION AS A VETERINARY SURGEON Registration No. This is to certify that (full name in block letters) of has been duly registered as a veterinary surgeon under the Veterinary Law (1997 Revision). Given under my hand this day of , 19 . Registrar of the Veterinary Board _________________________________________________________________ Form C Regulation 7(1) CAYMAN ISLANDS VETERINARY LAW (1997 Revision) APPLICATION TO THE VETERINARY BOARD FOR ENROLMENT AS AN ANIMAL HEALTH ASSISTANT Name of applicant (surname first- block capitals) Address of applicant Date of birth Place of birth Nationality Address of (intended) place of practice Qualifications of applicant Photostat or certified copies of certificates or diplomas should be attached. Names and addresses of three referees as to character I enclose- (a) copies of certificates or diplomas (b) a fee of ten dollars I intend to work- (a) in the Government Veterinary Service; or (b) under the supervision of (insert name of registered veterinary surgeon) (Delete whichever is inapplicable) I hereby apply to be enrolled as an animal health assistant and declare that I am the person named in the enclosed certificates or diplomas and that the above information is true and correct. Signature of Applicant Date c Revised as at 16th day of June , 1998 Page 17 FIRST SCHEDULE Veterinary Regulations To be completed by the Registrar Date enrolled or refused Enrolment number Reason for refusal, if refused Signature of Registrar Date _________________________________________________________________ Form D Regulation 7(3) CAYMAN ISLANDS VETERINARY LAW (1997 Revision) CERTIFICATE OF ENROLMENT AS AN ANIMAL HEALTH ASSISTANT Enrolment No. This is to certify that (full name in block letters) has been duly enrolled as an animal health assistant under the Veterinary Law (1997 Revision). Given under my hand this day of , 19 . Registrar of the Veterinary Board _________________________________________________________________ Page 18 Revised as at 16th day of June , 1998 c Veterinary Regulations SECOND SCHEDULE SECOND SCHEDULE REGISTERS PART I Regulation 4(5) REGISTER OF REGISTERED VETERINARY SURGEONS The register shall show in respect of every registered veterinary surgeon the following particulars- (a) registration number (b) full name (c) date and place of birth (d) nationality (e) address (f) date of enrolment (g) qualification and date of obtaining such qualification (h) place and date of obtaining such qualification. _________________________________________________________________ PART II Regulation 7 (5) ROLL OF ENROLLED ANIMAL HEALTH ASSISTANTS The roll shall show in respect of every enrolled animal health assistant the following particulars- (a) enrolment number (b) full name (c) date and place of birth (d) nationality (e) address (f) date of enrolment (g) qualification and date of obtaining such qualification (h) whether attached to Government Veterinary Service, or the name of the registered veterinary surgeon under whose supervision he works. c Revised as at 16th day of June , 1998 Page 19 SECOND SCHEDULE Veterinary Regulations Publication in consolidated and revised form authorised by the Governor in Council this 16th day of June , 1998. Carmena H. Parsons Clerk of Executive Council Page 20 Revised as at 16th day of June , 1998 c