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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1137/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1137/96

Veterinary Licensing Board Regulations
under the
Veterinary Medical Act
(O.C. 96‑941)

Under the authority of section 20 of the Veterinary Medical Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Persons licensed to practise

        4.   Employer's duties

        5.   Exam failure

        6.   National standard

        7.   Transfer

        8.   Fees

        9.   Code of professional ethics

      10.   Terms defined

      11.   Disciplinary powers

      12.   Expenses of members

      13.   Repeal


Short title

        1. These regulations may be cited as the Veterinary Licensing Board Regulations.

51/85 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Veterinary Medical Act;

             (b)  "National Examining Board" means the examining board of the Canadian Veterinary Medical Association;

             (c)  "register" means the Veterinary Register referred to in section 16 of the Act; and

             (d)  "registered veterinarian" means a person registered by the board as qualified to practise veterinary science.

51/85 s2

Persons licensed to practise

        3. (1) Subject to the other requirements of the Act and these regulations

             (a)  a person holding a Doctor of Veterinary Medicine or an equivalent degree from a non‑Canadian university recognized by the National Examining Board shall be eligible for a licence from the board without further examination, if that person has obtained from the National Examining Board a certificate of qualification to practise veterinary science in Canada;

             (b)  a person who holds a degree in veterinary medicine from a non‑Canadian university recognized by the National Examining Board and who has been accepted by the National Examining Board as a candidate for the National Examinations may be issued an interim licence by the board to practise under minimal supervision of a registered veterinarian and subject to those other terms and conditions that the board may impose; and

             (c)  a person who holds a degree in veterinary medicine from a non‑Canadian university not recognized by the National Examining Board but who has been accepted by the National Examining Board as a candidate for Parts I and II of the National Examinations may be issued an interim licence by the board to practise only under immediate supervision of a registered veterinarian and subject to those other terms and conditions that the board may impose.

             (2)  The supervisory or employing veterinarian referred to in paragraphs (1)(b) and (c) shall ensure that the interim licence fee is paid as required.

51/85 s3; 214/89 s2

Employer's duties

        4. An employer hiring veterinarians to practise veterinary medicine in the province shall ensure that a veterinarian hired to perform locums or for part‑time or permanent positions is licensed and listed in the register before the commencement of his or her employment.

214/89 s2

Exam failure

        5. (1) A person failing the National Examining Board Examination at the first sitting may be granted an extension of the interim licence pending a second writing at the next scheduled examination following.

             (2)  An interim licence shall be cancelled upon failure of the second writing and further licensure shall not be considered until the National Examining Board certificate of qualification has been earned at subsequent examination.

51/85 s3

National standard

        6. The board recognizes the National Examining Board as the body authorized to set, maintain and conduct a national standard for examinations evaluating the competency of veterinarians applying for licensure in Canada.

51/85 s3

Transfer

        7. (1) Within the framework of national standardization of competency and National Examining Board certification and reciprocity of licensure among provinces, a veterinarian licensed to practise in a province of Canada may transfer licensure to the province without further examination by the board.

             (2)  Notwithstanding subsection (1), the board may at its discretion examine a veterinarian transferring licensure on his or her knowledge of the provincial veterinary Act and by‑laws, ethics and disciplinary procedures, provincial disease control legislation, animal health programs or other non‑academic subjects.

51/85 s3

Fees

        8. (1) The board shall levy a fee not exceeding $50 for examination of documents under section 15 of the Act, and initial registration in the register.

             (2)  A licence to practise, renewable annually, shall be issued under section 22 of the Act upon payment of a fee as prescribed by the board by January 1 for the year following.

             (3)  The fee may be increased at the discretion of the board, but those increases shall not be inconsistent with fees paid by registered veterinarians in other Canadian provinces.

             (4)  A person failing to comply with section 22 of the Act regarding renewal of licence shall have his or her name removed from the register.

             (5)  Reinstatement shall be conditional upon payment of the renewal fee plus an additional fee for restoration to be determined by the board.

             (6)  A penalty fee may be imposed by the board for late renewal of licence beyond the date set out in subsection (2).

             (7)  A person applying for licensure and initial registration shall

             (a)  remit the licence fee with the application for registration; and

             (b)  be issued a licence before engaging in the practice of veterinary medicine.

             (8)  A person applying for licence to practise after June 30 may be granted licensure for half the annual fee, but the full annual fee shall apply to a commencement date between January 1 and June 30 in any year.

             (9)  A person has the option of applying for

             (a)  annual licensure to commence as of January 1; or

             (b)  semi‑annual licensure to commence as of January 1 or July 1 in any calendar year, but

in either case one‑half the annual licence fee will apply.

51/85 s4; 72/86 s1

Code of professional ethics

        9. The right to practise as a veterinarian in the province is conditional upon adherence to the code of professional ethics as set out in the by‑laws of the Newfoundland and Labrador Veterinary Medical Association.

51/85 s5

Terms defined

     10. For the purpose of section 26 of the Act, the board defines the following terms:

             (a)  "unprofessional conduct" means an act or omission which in the opinion of the board amounts to an unjustifiable breach of duty toward the public, a client, a patient or another veterinarian;

             (b)  "gross negligence" means an act or omission which in the opinion of the board constitutes a marked departure from professionally accepted procedures as employed by a reasonably competent veterinarian;

             (c)  "incompetence" means an act or omission which in the opinion of the board indicates inadequate knowledge, ability or care as would be expected from a reasonably competent veterinarian; and

             (d)  "misconduct" includes an act or omission resulting in conviction by a court of competent jurisdiction for an offence, anywhere in Canada, under the Criminal Code or for a breach of a provincial law in this province, where that conviction, in the opinion of the board, tends to bring discredit on the profession.

51/85 s6

Disciplinary powers

     11. (1) When the board receives a written complaint against a registered veterinarian who is a member of the association, the board may refer the complaint to the association's disciplinary committee and await the disposition of the complaint by the association before deciding, in its discretion, whether to exercise its own powers under the Act relating to complaints.

             (2)  When the board receives a written complaint against a registered veterinarian who is not a member of the association, the board may, if it determines that the complaint is not frivolous or vexatious, proceed with the investigation and hearing process empowered by the Act.

             (3)  In cases where the charges laid are proven in either hearing, and upheld in the case of subsequent appeal, the registered veterinarian may be reprimanded or censured or his or her licence to practise suspended or cancelled at the discretion of the board.

51/85 s7

Expenses of members

     12. (1) When travelling on board business, members of the board shall be entitled to reimbursement, upon submission of receipts, for travel and accommodation expenses and for incidental expenses including telephone and laundry services that the board may consider reasonable.

             (2)  The board may

             (a)  authorize a member to travel in a privately owned vehicle for purposes of board business when the method of travel is economical and practical; and

             (b)  authorize payments of mileage accumulated under subsection (1) at the current government rate.

             (3)  The board may establish other guidelines for the payment of travel and accommodation expenses where practical and shall base the guidelines on current government practice and methods.

51/85 s8

Repeal

      13. The Veterinary Licensing Board Regulations, 1985, Newfoundland Regulation 51/85, are repealed.