Veterinarians Act No. 13 of 2003

l SECTION 1. Short title and commencement. 2. Interpretation. 3. Establishment of the Board. 4. Functions of the Board. GUYANA ACT No. 13 of 2003 VETERINARIANS ACT 2003 ARRANGEMENT OF SECTIONS I assent, Bharrat Jagdeo, President, 29'" September, 2003. PRICE: $1820, 0 0 To be purchased from the office of the President, Georgetown. PRINTED BY G NP L, 2 No. 13] LAWS OF GUYANA 5. Grounds for refusal of registration. 6. Funds of the Board. 7. Investigations by the Board. 8. Enquiry. 9. Disciplinary proceedings. 10. Power of the Board to remove names from the register. 11. Appeals against refusal to register, or removal of name. etc. 12. Registers required to be kept. 13. Registration fee and consequences for non-payment. 14. Applications and qualifications for registration of veterinarians. 15. Board of Exa'lliners. 16. Registration of persons practising upon commencement of Act. 17. Registration of veterinarians. 18. Temporary registration of veterinarians. 19: -p;pplicationnrnl qualifications for registration of animal health assistantS:' 20. Temporary registration of animal health assistants. 21. Functions of a registered animal health assistant. 22. Permissible practice without registration. 23. Board may sue. 24. Veterinarians to produce records. 25. Power of entry. 26. Offences and penalties. 27. Censure, suspension and striking off. 28. Recovery of penalties. 29. General penalty. 30. Time limit for proceedings. 31. Regulations. [ A D . 2003 • , ' A.O. 2003) VETERINARIANS [No. 13 AN ACT to provide for the registration and control of veterinarians and animal health assistants; to regulate the practice of veterinary medicine and to provide for matters connected therewith and incidental hereto. A.D. 2003 Short till and commer,:,ment. lnterpretc:'on. Enacted by the Partiament of Guyana: PART! PRELIMINARY 1. This Act may be cited as the Veterinarian5 Act 2003, and shall come into operation on such date as the Minister may by order appoint. 2. In this Act 'animal" means any non-human mammal, bird, fish, reptile, amphibian, crustaceans or insects; 'animal health assistant' means a person other than a veterinarian who is registered a s an animal health assistant under Part IV; 'the Board' means the Veterinary Board established under section 3; 'misconduct' includes misconduct in a code of discipline for veterinarians to be prescribed; 'Minister" means the Minister for the time being responsible for veterinarians; 'practice of veterinary medicine" includes No. 13) ' I LAWS\ OF· GUYANA [A.O. 20Q3. · (a) diagnosing, treating, surgically operating, correcting, changing, relieving or preventing animal disease, deformity, defect, injury or other physical or mental conditions including the prescribing or administration of any drug, medicine, biologicals, apparatus, applications. anaesthetic, or other therapeutic or diagnostic substance or technique and the using of any manual or mechanical procedure for artificial insemination or embryo transfer, testing for pregnancy, or for correcting sterility or infertility or rendering advice or recommendation with regard to any of the above with a view to obtaining a fee, salary, reward or other remuneration; (b) representing directly or indirectly, publicly or privately an ability and willingness to do an act described in paragraph (a); (c) using any title, words, abbreviations, or letters in a manner or under circumstances which induces the belief that t t a person using them is qualified to do any act described in paragraph (a); (d) applying principles of environmental sanitation, inspection of food of animal origin, environmental pollution control, animal nutrition, zoonotic disease control and disaster medicine in the promotion and protection o f public health; "prescribed person· means a member of the Board or any other person authorized by the Board; ·qualification· means a degree, diploma, membership, fellowship, licence, certificate or other suitable status or document granted, after examination following a prescribed course of study in the fields of veterinary science , .. .. Establishment of the Board. Schedule. Functions of the Boaro. 0 VETERINARIANS [No. 13.1 in all its branches at a recognizeo university, college, school or institution or any other body; "Register' means any of the Registers which are required to be kept un:ler Part II; 'Registrar' means the officer of ihe Board entrusted with the task, when directed by !he Board so to do, of entenng in or removing from the Register the name of a person who is a veterinarian or an animal heallh assistant; •regulations' means regulations made under this Act; •veterinarian· means a duly registered practitioner of veterinary medicine; •veterinary premises" means premises at which veterinary medicine is practised and includes a veterinary centre, veterinary clinic and veterinary ho;pital; 'veterinary medicine" includes obstetrics, dentistry and all other branches or specialities of veterinary science. 3.(1) There is hereby established a body called the Veterinary Board, which shall have and may exercise and discharge the powers, duties and functions conferred or imposed upon it by or under this Act. (2) The provisions of the Schedule shall have effect with respect to the constitution and procedure of the Boaro and otheiwise in relation hereto. 4. The functions of the Board are to (a) (b) register veterinarians and animal health assistants; examine where necessary, and determine the qualification and fitness of applicants for registration to practise veterinary medicine; No. 13) Grounds for refusal of registration. 5. the Board• 6 LAWS OF GUYANA [A.O. 2003 (c) interview applicants for registration for the purpose of determining their suitability for registration: (d) grant, refuse, suspend or revoke registration including temporary registration to practise veterinary medicine and discipline licensed veterinarians under this Act or the regulations: (e) ensure the maintenance of acceptable standards of professional conduct by persons registered as veterinarians or animal health assistants: (Q deal with complaints against registered veterinarians and animal health assistants: (g) conduct investigations relating to violations of this Act or the regulations or for disciplining veterinarian or animal health assistants: (h) establish and publish standards of professional conduct for the practice of veterinary medicine: and (i) provide for continuing veterinary medical education of veterinarians and animal health assistants; 0) do such other acts and things as may be necessary to achieve the objects of this Act. The Board may refuse to register a person under this Act, where in the opinion of (a) the applicant does not meet the qualifications and requirements for registration: C A.D. 2003] Funds of the Board. 7 VETERINARIANS [No. 13 (b) the past conauct of the applicant affords reasonable grounds for believing that the applicant will not engage in practice of veterinary medicine with honesty, integrity and competence; (c) there is reasonable ground for believing that the applicant is impaired from any physical or mental condition, or from any habit which renders him unfit to practise as a veterinarian or to perform satisfactorily his functions as an animal health assistant; or (d) the veterinary premises of the applicant does not meet the requirements and standards prescribed by the regulations. 6.(1) The funds of the Board shall consist of (a) sums appropriated by the National Assembly for the purpose of the administration of this Act; and (b) moneys received by the Board including fees and charges. (2) All moneys received by the Board shall be kept in a special account to be maintained by the Board for the administration of this Act. (3) The remuneration of members of the Board and all other expenses of and incidental to the.administration of this Act, shall be paid by the Board out of its funds: Provided that where such funds are insufficient for the purpose of the administration of this Act, there may be made from the Consolidated Fund, such payments to the funds of the Board as the Minister of Finance may deem necessary for such purpose. (4) Any surplus funds of the Board not required for the purposes of subsection (3) may be expended by the Board for the purpose of the advancement of veterinary science in Guyana in such manner as the Board may determine: : ·l.,, . . 8 No. 13] LAWS OF GUYANA [A.O. 2003 Investigations by the Board. Enquiry. c, 7.{1) The Board may of its own motion or upon the complaint of a person aggrieved, (2) A pers9.n aggrieved by the conduct of a veterinarian and who desires to complain of such conduct shall furnish to the Board his complaint orally or in writing. (3) The Board shall notify the veterinarian of the nature of the complaint or matter and call upon him to state in writing before a specified day (which day shall allow a reasonable interval for the purpose), any explanation or make representation he may wish to make in respect of the complaint. (4) Having regard to any explanation or representation made by the veterinarian, the Board may (a) detefffline that ne,enqtliry s11-alHJe-held; or (b) conduct such enquiry into the matter as the Bo.rd may consider appropriate. 8.(1) In the conduct of a formal enquiry, the Board shall serve on the veterinarian against whom formal enquiry is to be instituted, a notice which shall (a) specify in the form of a charge, the matter into which the enquiry is to be held; and (b) state the date, time and place at which the enquiry is proposed to be held. (2) Except with the consent of the veterinarian an enquiry shall not be fixed for a date earlier than twenty-eight days after the date of notice of enquiry. (3) In any case where there is a complaint, a copy of the complaint shall be sent to the veterinarian with the notice of enquiry. A.O. 2003] Disciplinary proceedings. 9 VETERINARIANS [No. 13 (4) The veterinarian shall be entitled to receive free copies or to be allowed access to any documentary evidence relied on for the purpose of the enquiry. (5) The veterinarian shall have the right to be represented by an attorney in any fonnal enquiry instituted against him. (6) Where witnesses are examined by the Board, the veterinarian shall be given an opportunity of attending and of putting questions to the witnesses. (7) The veterinarian shall be pennitted to give evidence, call witnesses and make submission orally or in writing on his own behalf. (8) If at the conclusion of the hearing the Board is of the opinion that the veterinarian is not guilty of misconduct in a professional respect, he shall be immediately notified of its findings, but if the veterinarian is found guilty of any such charge, the Board shall proceed under section 9. 9.(1) If in any proceedings referred to in sections 7 and 8, a veterinarian is found to be guilty of misconduct in a professional respect the Board may after consultation wtth the Minister (a) censure him; (b) suspend his registration for any period not exceeding one year; (c) direct the Registrar to remove his name from the Register. (2) Where the name of any person is removed from the Register, the Board may in writing require such person to relum to the Registrar his certificate of registration and such person shall comply with the requirements. Failure to do so shall constitute an offence under this Act. (3) Where any veterinarian has been suspended by the Board for any period, it shall be an offence for him to practise veterinary medicine during the period of suspension. 10 No. 'f3] LAWS OF GUYANA [A:0. 2003 Power of the 10.(1) The Board may remove from the Register ofVeterinartans the name ot any person Board to remove (a) who is found guilty of professional misconduct as provided in section 9(1 ); names from Register. {b) whose name has been ordered to be so removed by the High Court; Appeals against refusal to register, or removal of name, etc. (c) who has had his qualification for registration as a veterinarian withdrawn or cancelled by the university, college or other body by which it was awarded; or (d) who has requested the Board in writing so to do. (2) A suspension of the registration of a veterinarian pursuant to this Act shall while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the Register of Veterinarian. 11. Any person who is aggrieved by the refusal of the Board to grant him registration (including temporary registration), by the removal of his name from the Register, or by the decision of the Board to censure him or suspend his registration, may, within three months after the date on which notice is given to him by the Board appeal the Board's decision to a judge of the High Court who shall give such directions in the matter as he may think proper, including a direction as to the costs of the appeal. PART11 THE REGISTERS Registers 12.(1) The Registrar shall keep in forms, respectively prescribed, the following required to be registers • kept. (a) the Register of Veterinarians; (b) the Register of Animal Health Assistants; A.O. 2003] I I VETERINARIANS (2) The Registrar shall enter in the Register of Veterinarians • [No. 1 (a) the full name and address of every person registered as a veterinarian under this Act; (b) a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and (c) such other particulars as may be prescribed. (3) The Registrar shall enter in the Register of Animal Health Assistants • (a) the full name and address of every person registered as an animal health assistant under this Act: (b) a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; (c) a reference to the veterinarian with whom the animal health assistant is employed; and {d) such other particulars as may be prescribed. (4) A Regisler shall be deemed to be a book of a public nature and shall be admissible in evidence on its mere production from proper custody, and the Registrar shall be-the person having the proper custody thereof. (5) The Registrar shall cause to be published in the Gazette in the month of February in each year alphabetical lists, surnames first, of persons and their qualifications who are.registered as veterinarians and as animal health assistants. (6) A copy of the Gazette containing either of the lists referred to in subsection (5) shall be-prima facie evidence in any Court of the registration and qualifications of any person named therein. 12 No. 13] LAWS, OF •'GUYANA [A.D. 2003 Registration 13. (1) Every veterinarian and animal health assistant shall pay to the Registrar the prescribed annual registration fee before 31 January in each year. fee and (2) Where a veterinarian or animal health assistant does not pay the prescribed annual registration fee before the time pres cribed under this.section. the Board may remove his nameJmm the consequences respective Register and only restore it upon payment of such fees. for non- PART Ill payment. Applications and qualifications fomgistralieA REGISTRATION OF VETERINARIANS 14. (1) Any person who possesses the necessary qualifications and who is desirous of being registered as a veterinarian for the purpose of practicing as such in Guyana, shall submit an application for registration to the Board in the prescribed form accompanied by the prescribed fee. (2) A person shall not be registered as a veterinarian unless he satisfies the Board that he is of good character and that (a) (b) (c) he is the holder of a degree in veterinary medicine from a recognized university or college approved by the Board; he has any other suitable qualifications in veterinary medicine considered by the Board to be of at least an equivalent standard to that specified in paragraph (a); or he has passed the examination of the Board of Examiners for which a prescribed fee i�ab l e . of veterinarians. (3) In addition to the requirements of subseclion (2) a person shall not be registered as a veterinarian unless he satisfies the Board that (a) (b) (c) he is a Garicom National or the spouse of a Garicorn National or a permanent resident of Guyana; he can communicate satisfactorily in English; he is qualified to practise independenUy in the country where he obtained his Diploma or Certificate. (4) The Minister may, after consultation with the Board, make regulations in relation to veterinarians and animal health assistants (a) (b) (c) (d) (e) encourage and facilitate, wherever possible, the implementation of a scheme of continuing veterinary medical education (CVME); stipulating conditions for annual registration; providing for submission of evidence of having acquired a minimum of six CVME credits recognized by the Board during the preceding year for annual reg istration; prescribing the circumstances under which internship reg istration or temporary registration may be effected; prescribing as required under this Act or the regulations made thereunder any form needed, including an applicalion form and any oath or declaration to be taken. A.O. 2003) 13 VETERlNARIAN!S. [No. 13 15. (1) The Board may from time lo lime, appoint a Board of Examiners consisting of three Board of, Examiners. experienced and qualified persons of whom at least one shall be in the government veterinary service. Regis.ration o! perso:is (2) Where the Board is in doubt as to the standard of qualification or skill of an applicant for registration, it shall refer the application, together with all relevant documentary evider..;e of the courses of study undertaken by the applicant, the institution at which such courses were undertaken and any examinations passed by the applicant, to the Board of Examiners for determination. (3) On examining the application, the Board of Examiners may• {a) recommend that the applicant be registered; (b) conduct an examination in respect of the applicant; or (c) recommend that the application be refused. (4) A prescribed fee shall be paid by the applicant to the Registrar in respect of an examination conducted pursuant to paragraph (b) ofsubseclion (3). 16. Upon the commencement of this Act, every person who has been practising as a veterinarian or animal health assistant in Guyana shall be deemed to be qualified to practise as such practising upon and shall pay the prescribed fee when it falls due. commencement of Act. Provided that an unqualified annual health assistant, whatever is his designation, shall be afforded an opportunity to become qualified for subsequent registration within a period of not more than two years at the commencement of l'-t No. 13) LAWS OF GUYANA [A.O. 2003 Registration of 17.(1) Where the Board is satisfied in relation to any application under section 14 for veterinarians. registration, the Board shall authorise the Registrar to register the applicant as a veterinarian and the Registrar shall notify the applicant in writing accordingly and upon payment by him of the prescribed fee, furnish him with a certificate of registration in the prescribed form. (2) Every veterinarian registered under this Act shall be entitled to practise veterinary medicine in Guyana and to demand and recover reasonable charge for services rendered by him as a veterinarian and also for any drugs, medicines or appliances supplied by him: Provided that ; i veterinarian employed by government shall not levy any such charges on the public unless he is specifically allowed by the terms of his employment contract to engage in private practice. Temporary 18.(1) Any person who desires to practise veterinary medicine in Guyana for a limited registration of period of time and who satisfies the requirements of registration specified in section 14 and is the veterinarians holder of a work permit (where applicable) may apply to the Board to be temporarily registered as a veterinarian. Applicants and (2) The provisions of this Part relating to the registration of a veterinarian shall mutatis mutandis apply to the temporary registration of a veterinarian. PART IV ANIMAL HEAL TH ASSISTANTS 19.(1) Any person who possesses the necessary qualifications and who is desirous of qualifications being registered as an animal health assistant for the purpose of practising as such in Guyana, for registration Shall submit an application to the Board in the prescribed form accompanied by the prescribed fee. of animal health assistants. A.D. 2003] 15 VETERINARIANS [No. 13 (2) A person shall not be registered as an animal health assistant and, entitled to use the title 'Registered Animal Health-Assistanr unless he (a) holds a certificate of proficiency from an approved training institution; (b) holds a certificate of proficiency in respect of a programme of training approved by the Board; or (c) passes the examination referred to in paragraph (b) of subsection (4); and (d) pays the prescribed registration fee. (3) Where the Board is in doubt as to the standard of qualification or skill of an applicant for registration, it shall refer the application to the Board of Examiners referred !o in section 15 for detennination . . (4) On examining the application, the Board of Examiners may (a) recommend that the applicant be registered; (b) conduct an examination in respect of the application; or (c) recommend that the application be refused. (5) The provisions of this Act relating to veterinarians shall, in so far as they are applicable, apply mutatis mutandis to animal health assistants. Temporary 20:(1) Any person who desires to work in Guyana for a limited period as an animal registration of health assistant and who satisfies the requirements for registration specified in section 19 and is animal health the holder of a wcirk pennit (where applicable) may apply to the Board in the.prescribed form to be assistants. ternporarily registered as an animal health assistant. (2) The provisions of this Part relating to the registration of an animal health assistant shall mutatis mutandis apply to the registration of a temporary animal health assistant. 16 No. 13] LAWS OF GUYANA [A.O. 2003 Functions of a 21.(1) A registered animal health assistant may perform any or all of the following registered functioi)s • animal health assistant. (a) (b) the preparation and sterilization of equipment; the preparation of simple solutions; (c) the collection of blood samples, milk samples, fecal samples, parasitic specimens; (d) the collection of postmortem samples and the preparation thereof for examiration in a laboratory; (e) the handling of vaccines and the maintenance of birlogical products; (Q the vaccination of animals; (g) lhe--cestraintof all-typeS-Of-animals; (h) the preparation of records; (i) the performance of minor surgical procedures as, for example the treatment of wounds, the lancing of abscesses and castrations on the following animals • (i) cattle up to eight months of age:; (ii) goats; and (iii) sheep. 0) the performance of laboratory techniques such as the mar!(ing and examination of blood and fecal smears; (k) the giving of advice to farmers; (f) the performance of any veterinary duty, other than diagnosis, prescription or surgery other than surgical procedures mentioned in paragraph (i) which may be requested by the registered veterinarian under whose supervision he works; A.O. 2003) Permissible practice without registration. 17 VETERINARIANS (m) meat inspection; and [No. 13 (n) any other functions which an animal health assistant may reasonably be expected to perform. (2) An animal health .rssistant shall at all times perform his functions under the supervision of a registered veterinarian. (3) An animal health assistant who contravenes subsection (2) shall be guilty of misconduct. PARTW MISCELLANEOUS 22(1) The following persons,. not registered as veterinarians and doing any of the acts mentioned in lhis subsection, are not holding themselves out as engaging in the practice of veterinary medicine (a) a person rendering first aid or temporary assistance in an emergency without fee; (b) a person treating an animal if the person is the owner of the animal, is a member of the household of the owner of the animal or is employed !or general agricultural or domestic work by the owner; (c) a person taking blood samples; (d) a person who is a regular student in a university, college or institution of veterinary medicine and surgery, approved by the Board, performing any duties assigned to him by his instructors, or working under the direct supervision of a-registered veterinarian during a school vacation period; No. 13] 18 LAWS OF GUYANA [A.D. 2003 (e) a person giving advice with respect to or performing acts which the Board has determined as accepted livestock management practices; (I) a veterinarian licensed or registered in another country consulting with a registered veterinarian in Guyana: (g) any merchant or manufacturer selling at his regular place of business, medicines, feeds, appliances, or other products used in the prevention or treatment of animal disease, provided that the merchant or manufacturer has a valid permit to sell such veterinary medicines and biologicals; (h) the owner of an animal and the owner's full-time regular employee caring for and tre;iting !he animal, except where lhe ownership of the animal wa5 transferred for purposes of circumventing this Act; (i) a veterinarian lecturing or giving instructions or demons\rations in connection with a con\inuing education course or seminar; (j) any person who has approval from the Board for performing artificial insemination or embryo transfer with respect to animals; (k) any Animal Health Assistant employed by a registered veterinarian performing duties other than diagnosis, prescription or surgery under the direction and supervision of such veterinarian who shall be responsible for his performance. (2) For the purposes of this Act, proof of the performance of one act in the practice of veterinary medicine on one occasion is sufficient to establish engaging in the practice of veterinary medicine. A.O. 2003] Board may sue. Veterinarians to 23. 19 VETERINARIA NS The Board may in its own name, by its Registrar or any person thereunto [No. 13 authorised in writing under the hand of the Chairman of the Board, institute, canyon, prosecute, and defend any action, complaint, information, or proceeding whatsoever. Every court of law shall take judicial notice of the signature of the Chairman of the Board to any such authorisation. 24.(1) The Board may, by notice in writing, direct a veterinarian to produce to it, within produce records. the time specified in the notice, such records as relate to his practice of veterinary medicine as are specified in the notice. Power of entry. (2) A veterinarian who fails to comply with a direction of the Board under subsection (1) commits an offence and shall be liable on summary conviction to a fine of twenty-five thous<lnd dollars or to imprisonment for a term of two months. 25.( 1) A prescribed person may at any reasonable time enter upon any land and into any premises upon or in which he suspects, on reasonable grounds, that an act, procedure, matter or thing that forms part of veterinary medicine, is being or has been done or performed, in order to ascertain whether an offence against this Act is being or has been committed or whether any veterinarian is guilty of misconduct in a professional respect. (2) Before a prescribed person enters a part of any premises which part is used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a magistrate, a warrant to enter such premises. (3) A magistrate who is satisfied upon the complaint of a prescribed person that there is reasonable cause to suspect that an offence against this Act in respect of an act, procedure, matter or thing that forms part of veterinary medicine is being or has been done or performed in any No. 13] 20 LAWS, OF GUYANA [A.D : �003 premises, may issue a warrant directed to the prescribed person to enter the premises at such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time. (4) A warrant shall be for the period of one month from the date of its issue and shall be sufficient authority for the prescribed person to whom it is directed to enter the premises specified in the warrant at the times specified therein. (5) A prescribed person who enters upon any land or any premises pursuant to this section or to a warrant issued pursuant to this section may (a) search the land or premises and examine anything found thereon or therein; (b) interview any person found thereon or therein; (cl ---GOllect-.md-tak llles--aAG--5!)ecimef15--81--aRy#liAg--felffld-theFeen or therein; (d) photograph the land or premises or any part thereof and anything found thereon or therein; (e) seize and take away records which, in his opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or the regulations or or misconduct in a professional respect. (6) In this section, premises that are used as a dwelling-house do not include the curtilage of those premises. (7) Any person who assaults, resists, obstructs or hinders, threatens, or intimidates a prescribed person in the exercise of his powers under this Act commits an offence and shall be liable on- summary conviction to a fine of thirty thousand dollars or to imprisonment for a term of three months. A.O. 2003) Offences and penalties. 21 VETER!NARIANS [No. 13 26.(1) Any person who (a) procures or attempts to procure registration for himself or for any other person by knowingly (i) making or causing to be made, any misleading, false ;ir fraudulent representation or declaration, either orally orin writing, or otherwise; or (ii) producing, or causing to be produced, any false or fraudulent document or certificate; (b) wi!fully makes, or causes to be made, any falsification in any matter relating to any of the Registers; (c) advertises or holds himself out as a person authonsed or qualified to practise veterinary medicine when he is not as qualified, commits an offence and is liable on summary conviction to a finP. of three hundred thousand dollars and to imprisonment for a term of two years. (2) Any person who, not being registered as a veterinarian under this Act (a) takes or uses any title, addition or description implying or calculated to lead persons to believe that he is registered as a veterinarian, or that he is recognized by law as a person authorised or qualified to practise veterinary medicine; (b) assumes or uses any affix indicative of any occupational designation relating to the practice of veterinary medicine; or (c) advertises or holds himself out as a person authorised or qualified to practise veterinary medicine, No. 13) Censure, suspension and striking off. 22 LAWS OF GUYANA [A.O. 2003 commits an offence and is liable on summary conviction to a fine of three hundred thousand dollars and to imprisonment for a term of two years. (3) Any person who, during a period when his registration as a veterinarian under this Act is susoended, or who, not being registered as a veterinarian under this Act (a) practises veterinary medicine; (b) for reward, diagnoses or offers to diagnose or attempts to diagnose any animal disease, ailment, deformity, defect or injury, or examines or advises upon any physical condition of a y animal; (c) prescribes or administers any drug, serum or any other substance or remedy; applies any apparatus, or performs any operabon or manipulation for the eur-e, lfeatmeAt-<JF--prevention -Of any..animaLdisease, ailment, deformity, defect or injury; or (d) acts as the assistant or associate of any person who performs any of the acts specified in this subsection, commits an offence and is liable on summary conviction to a fine of three hundred thousand dollars and to imprisonment for a term of two years. (4) Notwithstanding anything in subsection (3) a veterinarian who rs late in registering shall first be afforded an opportunity to register and upon failing to do so he may be charged. 27.(1) Where any person registered under this Act is found upon enquiry by the Board (a) to be suffering from any physical or mental condition, or from any habit which renders him unfit to practise as a veterinarian or to perform satisfactorily his functions as an animal health assistant A.O. 2003] Recovery of penalties. General penalty. 23 VETERINARIANS [No. 13 (b) to have procured his registration as a result of any misleading, false or fraudulent representations: (c) to have been convicted of a criminal offence; or (d) to be guilty of dishonesty, neglige e. or incompetence in the pertormance of his functions as a veterinarian or, an animal health assistant, or of conduct that is, in the opinion of the Board, unprofessional or disgraceful or discreditable to the profession, t e Board may, if it thinks fit, suspend his registration for a period of two years or mete out such lesser punishment as the Board thinks fit. (2) The Board may ai any time, if it thinks just, and upon reasonable cause, dir ct the Registrar to restore to the Register any name removed therefrom under subsection (1) and cause a notice t",ereof to be published in the Gazette. (3) Where the name of a person has been removed from the Register, the Board (!lay in writing require that person to return to the Registrar his certificate of enrolment, and that person shall comply with that requirement. 28. All penalties and fees imposed under this Act may be recovered in a court of summary jurisdiction. 29. Every person guilty of a breach of any of the provisions of this Act for which no other penalty is provided shall be liable on summary conviction, to a fine of one hundred thousand dollars and to imprisonment for a term of one year. No. 13] Time limit for proceedings. Regulations 24 LAWS OF GUYANA [A.O. 2003 30. Any proceedings under this Act may be instituted within twelve months after the offence is committed, or within twelve months after the discovery of the offence, whichever is the later period. 31. (1) The Minister may, after consultation with the Board, make regJlations generally for giving effect to provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for (a) registrat:on under this Act; (b) prescribing the particulars to be included in any c'. the Registers, the manner in which a<iuitional qualifications obtained in veterinary medicine or related subjects by a registered veterinarian or registered animal healln assistant may be added to those particulars entered in the Register in relation to him, and the procedure to be followed to ensure that the particulars in the Register are kept up to date; (c) prescribing the different forms of application for registration and for certificates of registration; (d) prescribing fees for registration and for examinations; (e) requiring and providing for the inspection of veterinary facilities and of the records kept by members of the Board in connection with the practice of veterinary medicine; (Q prescribing any other matters or information which are required to be kept in any of the Registers; (g) prescribing any other matter or thing which is required to be prescribed by this Act. C l A.O. 2003] 25 VETERINARIANS (3) A person who commits a breach of any regulalions made under this Act shall be liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for a term of six months. [No. 13 . , · - • · · - - · - - · • - l . , , . . . , , ' . . , . , . , , J .. ,,. , I ,. 1¥1LJ'-1 '1. 1 LVVV No. 13] Constitution oi Board. 1. 26 LAWS OF GUYANA [A.D. 2003 SCHEDULE (sectlon 3) The Board shall consist of • (a) the Principal Veterinary Officer or his nominee (being a member of the Government Veterinary Service); and (b) four other veterinari;,ns, two appointed by the Minister and the other two by the Minister of Local Government. Chairman of Board. 2. The Minister shall appoint one of the members of the Board to be the Chairman ihereof Tenure of 3. The appointment of a member of the Board shall, subject to the provisions of this office. Schedule, be for a period not exceeding three years and such member shall be eligible for re appointment. Resignations. 4. (1) Any member of the Board, may at any time resign his office by instrument in writing addressed lo the Minister and transmitted through the Chairman. (2) Every resignation shall take effect from the date of receipt thereof by the Minister of the letter of resignation. Revocation of 5. The Minister may for good and sufficient cause, at any time revoke any appointment. appainlment made under this Schedule. " ' \ .. , , , -·. , .. .,. ...... A.O. 2003] 27 VETERINARIANS [No. 13 Filling of vacancies. 6. If any vacancy occurs in the membership of the Board, such vacancy shall be filled Gazetting of membership. Accounts and by the ·appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed. ?. The names of all membe of the Board as first constituted, and every change in the membership tht!reof shall be published in the Gazette. 8. The Board shall keep proper accounts of its receipts, payments, assets and audit. liabilities and such accounts shall be audited annually by the Auditor-General. Annual reports 9. (1) The Board shall in each year prepare and submit to the Minister on or before the and estimates. thirty-first day of March, a report of its proceedings during the twelve months ending on the thirty-first day of December in the preceding year, including a statement of its accounts audited in accordance with paragraph 8. Seal and execution of documents. (2) The Board shall on or before the thirty-first of October in each year, submit to the Minister for approval, its estimates of revenue and expenditure in respect of the period commencing on the first day of January next following and ending on the thirty-first day of December of the said year. 10.(1) The Seal of the Boartl - all be kept in the custody of the Chairman of the Board or the Registrar and shall be affixed to instruments pursuant to a resolution of the Board in the presence of1he Chairman, or any other member of the Board or the Registrar. (2) The Seal of the Board shall be authenticated by the signatures of the Chairman, or any other member of the Board authorised to act in that behalf and the Registrar. ' • · - - . . . - . . · - - • - - • , - l - - - · · - - - . - No. 1 ) Procedure and meetings. 28 LAWS OF GUYANA [A.O. 2003 (3) All documents, other than those required by law to be under seal, and ah decisions of the Board may be signified under the hand of the Chairman, or any other member of the Board authorised in that behalf and the Registrar. 11 (1) The Board shall meet at such times as may be expedient for the transaction of ,ts business, and such meetings shall be held in such places on such days and at such times as the Chairman may determine. (2) The Chairman may al any time call a special meeting of the Board and shall ca,I a special meeting within fourteen days of the receipt of a written requisition for that purpose addressed to him by any two members of the BJard. (3) Minutes of each rreeting of the Board shall be kept in prqper form. ( 4) No member of lhe Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board. Passed by the National Assembly on 1 s 1n August, 2003. ,. •• t S. E. Isaacs, b Clerk of the National Assembly. f (BILL No. 14/2003)