CHAPTER 243
VETERINARY AND VETERINARY PARA-PROFESSIONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE VETERINARY ASSOCIATION OF ZAMBIA

   3.   Establishment of Veterinary Association of Zambia

   4.   Functions of Association

   5.   Constitution of Association

   6.   Chairperson and Vice-Chairperson of Association

   7.   Meetings of Association

PART III
THE VETERINARY COUNCIL OF ZAMBIA

   8.   Continuation and re-naming of the Board of Veterinary Surgery

   9.   Composition of Council

   10.   Functions of Council

   11.   Registrar and other staff

PART IV
REGISTRATION OF VETERINARY AND VETERINARY PARA-PROFESSIONALS

   12.   Prohibition of practising without registration

   13.   Application for registration

   14.   Registration of veterinary surgeons and veterinary paraprofessionals

   15.   Provisional registration

   16.   Temporary registration

   17.   Registration for limited period

   18.   Specialist registration

   19.   Changes in detail

   20.   Cancellation of registration

   21.   Prohibition of practise without practising certificate

   22.   Application for practising certificate

   23.   Display of practising certificate

   24.   Renewal of practising certificate

   25.   Cancellation of practising certificate

   26.   Regulations relating to practising certificates

   27.   Conditions of certificate

   28.   Prohibition of transfer of certificate

   29.   Removal and restoration of name on register

   30.   Re-registration

   31.   Duplicate certificate of registration

   32.   Certificate of status

   33.   Register

   34.   Publication of copies of Register

   35.   Appeals

   36.   Holding out as veterinary or veterinary paraprofessional

   37.   Offences regarding veterinary surgeons or veterinary paraprofessionals

PART V
TRAINING OF VETERINARY PROFESSIONALS

   38.   Prohibition of provision of unauthorised training programme

   39.   Application for approval of training programme

   40.   Review of approved training programme

   41.   Continuing professional development and training

PART VI
LICENSING OF ANIMAL HEALTH FACILITIES

   42.   Prohibition of operating animal health facility without licence

   43.   Application for licence to operate animal health facility

   44.   Issue of license

   45.   Refusal to issue licence

   46.   Display of licence

   47.   Variation of licence

   48.   Surrender of licence

   49.   Transfer of licence

   50.   Amendment of licence

   51.   Renewal of licence

   52.   Suspension or cancellation of licence

   53.   Inspection of animal health facility

   54.   Entry and inspection

   55.   Report of inspection

   56.   Closure of animal health facility

   57.   Prohibition of treatment or diagnosis without registered veterinary surgeon

   58.   Publication of licensed animal health facilities

   59.   Offences relating to animal health facilities

PART VII
DISCIPLINARY COMMITTEE

   60.   Code of Ethics

   61.   Professional misconduct

   62.   Initiation of disciplinary action

   63.   Disciplinary Committee

   64.   Functions of Disciplinary Committee

   65.   Proceedings of Disciplinary Committee

   66.   Powers of Disciplinary Committee

   67.   Reports by Disciplinary committee

   68.   Appeals to High Court

   69.   Rules relating to disciplinary proceedings

PART VIII
GENERAL PROVISIONS

   70.   Jurisdiction over acts committed outside Zambia

   71.   Presumption of non registration

   72.   General penalty

   73.   Offences by body corporate or unincorporate body

   74.   Authority to issue guidelines

   75.   Regulations

   76.   Repeal of Cap. 243

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish the Veterinary Association of Zambia; continue the existence of the Board of Veterinary Surgery and re-name it as the Veterinary Council of Zambia; provide for the registration of veterinary and veterinary paraprofessionals and regulate their professional conduct; provide for the licensing of laboratories and animal health facilities; provide for the recognition and approval of training programmes for veterinary and veterinary paraprofessionals; repeal and replace the Veterinary Surgeons Act, 1964; and provide for matters connected with, or incidental to, the foregoing

[29th November, 2010]

Act 45 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Veterinary and Veterinary Para-Professions Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“animal” means any mammal, other than a human, bird, fish or reptile or amphibian which is a member of the phylum vertebrates, including the carcass of such animals;

“animal health care service” means a service provided by a veterinary surgeon or animal health facility for the prevention, diagnosis, treatment and management of any animal disease and the preservation of the well being of animals;

“animal health facility” means any site, fixed or mobile, providing services for the prevention, diagnosis and treatment of animal diseases and includes a diagnostic centre;

“Association” means the Veterinary Association of Zambia established under section 3.

“Board” means the Board of Veterinary Surgery established under the repealed Act;

“certificate of registration” means the certificate issued under section 14;

“Chairperson” means the person elected Chairperson of the Association pursuant to section 6; and

“Code of Ethics” means the code of professional conduct adopted and published by the Council;

“constitution” means the constitution of the Association adopted in accordance with section 5;

“consulting room” means a room used by a veterinary surgeon for consulting and diagnosis;

“Council” means the Veterinary Council of Zambia referred to under section 8;

“diagnostic centre” means a laboratory or any other related service;

“Disciplinary Committee” means the Committee constituted under section 63;

“inspector” means a person appointed as an inspector under section 53;

“member” means a person registered as a member of the Association in accordance with the provisions of the constitution of the Association, and

“membership” shall be construed accordingly;

“peer” means a member of the same veterinary profession with similar specialisation, if any, and an equivalent number of years of veterinary practice;

“practising certificate” means a certificate issued to a veterinary surgeon under section 22;

“professional misconduct” has the meaning assigned to it under section 61;

“provisional certificate of registration” means the registration effected under section 15;

“Register” means the Register of Veterinary Surgeons, Veterinary Para-Professionals and any other class of persons referred to under section 33;

“Registrar” means the person appointed as Registrar of the Association under section 11;

“repealed Act” means the Veterinary Surgeons Act, 1964;

“scope of practice” means the range of knowledge expected of a particular veterinary or veterinary para-professional, and the preventive, diagnostic and treatment techniques which a veterinary surgeon or veterinary para-professional is allowed to perform, and the conditions under which the veterinary surgeon or veterinary para-professional may engage in those techniques;

“speciality” means a special field of work or study that a veterinary surgeon specialises in or intends to specialise in;

“specialist” means a person registered as a specialist under section 18;

“student” means a person who is enrolled at an educational institution recognised by the Council and undergoing training in the veterinary and livestock field;

“temporary certificate of registration” means the registration effected under section 16;

“veterinary practice” means dispensing, performing, giving or providing any surgical operation, treatment, test, advice, diagnosis or attendance by a veterinary surgeon;

“veterinary profession” means a profession whose member is required to register under section 14; and

“veterinary professional” shall be construed accordingly; and

“veterinary surgeon” means a person registered as a veterinary surgeon under section 14;

“Vice-Chairperson” means the person elected Vice-Chairperson of the Association pursuant to section 6.

   (2) In this Act, any reference to the removal from, or the restoration to, the Register of the name of a veterinary professional, shall be construed as including a reference to the removal from, or the restoration to, the Register of any other registrable particulars relating to that veterinary professional.

PART II
THE VETERINARY ASSOCIATION OF ZAMBIA

3.   Establishment of Veterinary Association of Zambia

   (1) There is hereby established the Veterinary Association of Zambia.

   (2) The Association shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.

   (3) The provisions of the First Schedule apply to the Association.

4.   Functions of Association

   (1) The functions of the Association are to—

      (a)   register veterinary and veterinary para-professionals, and regulate their professional conduct;

      (b)   register students of veterinary studies and veterinary para-professionals;

      (c)   develop, promote, maintain and improve appropriate standards of qualification in the veterinary profession;

      (d)   develop, promote and enforce internationally comparable veterinary profession practice standards in Zambia;

      (e)   investigate allegations of professional misconduct and impose such sanctions as may be necessary;

      (f)   advise the Government on matters relating to the veterinary profession;

      (g)   promote the general advancement of the veterinary and veterinary para-profession and allied disciplines for the improvement of the quality of animal life;

      (h)   maintain and improve the standards of conduct and learning of the veterinary and veterinary para-profession and allied professions in Zambia;

      (i)   facilitate the acquisition of knowledge by veterinary and veterinary para-professionals through the establishment of technical libraries, and the provision of monetary grants, books, apparatus and any other facilities necessary to achieve this end;

      (j)   hold meetings of the Association for the reading and discussion of papers for professional interest, to make awards to authors of papers of special merit and to arrange for other activities of interest or benefit to veterinary and veterinary para-professionals;

      (k)   raise the character and status of the veterinary and veterinary para-profession and allied disciplines, to promote honourable and good practice and increase the confidence of the community in those persons practising in the veterinary and veterinary para-profession and allied disciplines;

      (l)   promote alternative dispute resolution mechanisms and to serve as an arbitral institution for disputes of a veterinary and veterinary para-profession nature;

      (m)   in consultation with the Ministry responsible for education and the Technical Education Vocational and Entrepreneurship Training Authority, accredit universities, technical colleges, institutions and programmes of instruction leading to the award of qualifications of veterinary and veterinary para-professionals;

      (n)   represent, protect and assist veterinary surgeons and veterinary para-professionals with regard to their conditions of practice, remuneration or otherwise; and

      (o)   do all such other things as are necessary, or incidental, to the performance of its functions under this Act.

   (2) The Association may—

      (a)   determine and levy fees that the Association considers necessary to finance its activities under this Act;

      (b)   determine the fees payable for an inspection conducted for the purposes of this Act;

      (c)   determine fees for the accreditation of local and foreign training institutions and qualifications; and

      (d)   determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable.

5.   Constitution of Association

   (1) The Association shall, by a vote of at least two-thirds of the members voting at a general meeting of the Association, adopt a constitution and may, in the like manner, amend it.

   (2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Association.

   (3) Subject to sub-section (2), the constitution shall provide for the following matters:

      (a)   the meetings of the Association, including the delivery and sufficiency of notices of the meetings, the quorum, voting, adjournment and other matters of procedure or conduct of the meetings;

      (b)   the election, qualifications and tenure of the office bearers;

      (c)   the composition, functions, powers and procedures of the committees of the Association;

      (d)   the classes of membership and their rights, privileges and obligations; and

      (e)   any other matter as the membership may determine.

6.   Chairperson and Vice-Chairperson of Association

The members shall elect the Chairperson and Vice-Chairperson of the Association in accordance with the constitution.

7.   Meetings of Association

   (1) Subject to this Act, the Association may regulate its own procedure.

   (2) The meetings of the Association shall be conducted in accordance with the provisions of the constitution of the Association.

   (3) The validity of any proceedings, act or decision of the Association shall not be affected by any person’s absence from any meeting of the Association or by reason that a person not entitled to do so took part in the proceedings.

PART III
THE VETERINARY COUNCIL OF ZAMBIA

8.   Continuation and renaming of Board of Veterinary Surgery

   (1) The Board of Veterinary Surgery established under the repealed Act shall continue to exist as if established under this Act and is for purposes of this Act hereby re-named the Veterinary Council of Zambia.

   (2) The provisions of the First Schedule apply to the Council.

9.   Composition of Council

   (1) The Council shall consist of the following part-time members appointed by the Minister—

      (a)   the Chairperson;

      (b)   the Vice-Chairperson;

      (c)   the Director responsible for veterinary services;

      (d)   the Dean of the School of Veterinary Medicine at the University of Zambia;

      (e)   a representative of the Attorney-General;

      (f)   one farmer nominated by the Zambia National Farmers Union;

      (g)   two veterinary professionals; and

      (h)    one veterinary para-professional.

   (2) The members of the Council who are veterinary professionals shall be elected by the membership of the Association.

   (3) A person shall not be eligible for appointment or election as a member of the Council if—

      (a)   that person is under any written law, adjudged or otherwise declared to be of unsound mind;

      (b)   that person is adjudged or declared bankrupt under any written law in Zambia; or

      (c)   that person has been convicted of an offence under this Act or any other law.

   (4) The Association shall publish the names and designation of the members of the Council in a daily newspaper of general circulation in Zambia.

10.   Functions of Council

   (1) The functions of the Council are to—

      (a)   promote an understanding of professional ethics amongst veterinary and veterinary para-professionals;

      (b)   participate in the development of veterinary practice standard setting;

      (c)   maintain appropriate practice standards among veterinary and veterinary para-professionals that are consistent with the principle of self-regulation and the promotion of high standards of veterinary services;

      (d)   promote the integrity, and enhance the status, of the veterinary profession, including the declaration of any particular veterinary practice to be undesirable for all, or a particular category of, veterinary surgeons;

      (e)   license public and private animal health facilities and monitor quality control and assurance of animal health facilities and services;

      (f)   represent, coordinate and develop the veterinary and veterinary para-profession and promote its interest;

      (g)   protect and assist the public in all matters relating to the practice of the veterinary profession;

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