Legislation.pdf

Legislation for the Veterinary Industry NSCI5712 Introduction to Veterinary Clinical Practice 2024 Preliminary Disclaimer The purpose of this lecture is to discuss legislation relevant to the veterinary industry in NZ This is not a law lecture, and I am not a lawyer If you need...

Legislation for the Veterinary Industry NSCI5712 Introduction to Veterinary Clinical Practice 2024 Preliminary Disclaimer The purpose of this lecture is to discuss legislation relevant to the veterinary industry in NZ This is not a law lecture, and I am not a lawyer If you need legal advice, please consult a lawyer: Free legal advice: https://www.justice.govt.nz/courts/going-to- court/legal-aid/legal-help/free-community-legal-help/ Community law centres: https://communitylaw.org.nz/ Citizens advice bureau: https://www.cab.org.nz/ Why do I need to know about this?  The veterinary industry is currently affected by several different acts and codes  They cover aspects of: animal welfare registration/regulation of veterinarians health and safety privacy and consumer protection  It is important to be aware of what is reasonably expected and what limitations there are in practice and why  This will affect you in your professional career and is likely to change over time Most Important are: Animal Welfare Act 1999 – covered in other courses Animal Welfare (Care and Procedures) Amendment Regulations 2020 – covered in other courses Veterinarian’s Act 2005 Privacy Act 2020 Employment Relations Act 2000 Agricultural Compounds and Veterinary Medicines Act 1997 Medicine Act 1981 Misuse of Drugs Act 1975/1984 Radiation Safety Act of 2016 – also covered in your imaging course/s Code of Practice for Veterinary Radiation Biosecurity Act 1993 Health and Safety at Work Act 2015 – covered in Legislation, Part 2 & other courses Hazardous Substances and New Organisms Act 1996 > covered in other courses Resource Management Act 1991 What even is Legislation? What is an Act?  An Act is a law passed by Parliament (before that, it is called a Bill)  Administered by a government agency (department or ministry) Animal Welfare Act 1999  We will not go through this in much detail as it is covered elsewhere in your programme (NSCI5738)  Also, Codes of Welfare - forms part of the act and has more detailed description of accepted and best practice for a variety of different species/situations  Animal Welfare (Care and Procedures) Regulations 2018 (LI 2018/50) (as at 09 May 2021) – New Zealand Legislation & Animal Welfare (Care and Procedures) Amendment Regulations 2020 (LI 2020/172) Contents – New Zealand Legislation  The Codes of Welfare, Animal welfare Regulations, and the Animal Welfare Act are hugely important to anyone who works with animals  Animal Welfare Act 1999 No 142 (as at 30 April 2023), Public Act Contents – New Zealand Legislation Restricted surgical procedures (as of October 2022) What are Codes?  Codes are set guidelines to help people comply with the recommended standards and requirements (as set out in the Acts)  Not legally enforceable but do provide evidence to support a prosecution if someone is charged with an offence under an Act Veterinarians Act 2005  All people who practice as veterinarians (or claiming to be a veterinarian) must be registered and have an Annual Practicing Certificate (APC)  Any vet who claims to be a specialist must have a recognised specialist qualification  Veterinarians can be disqualified from the register if they do not meet the requirements (or if they do something wrong) Veterinarians Act 2005 No 126 (as at 15 June 2023), Public Act Contents – New Zealand Legislation Complaints about a vet  Complaints about vets need to be written and made to the Veterinary Council of New Zealand (VCNZ)  The complaints are reviewed by a Complaints Assessment Committee  This committee reviews the case and gathers all the relevant information (including competency and/or medical assessments)  The outcomes from a complaint vary from no action to suspension of the practicing licence and can include restrictions on the ability to practice of a veterinarian Veterinary Council New Zealand Veterinary Council of New Zealand  The purpose of the VCNZ is to uphold veterinary standards to protect people and animals and maintain trust in veterinary professionals  It is compulsory for any veterinarian practicing in NZ to register with the VCNZ and have an APC  This is different from the New Zealand Veterinary Association (NZVA)  The VCNZ website has a register where you can check any registered vet in New Zealand and any restrictions on their practice  https://www.vetcouncil.org.nz/  Find a vet (no login needed) Find A Veterinarian (vetcouncil.org.nz) NZ Veterinary Code of Conduct  The code sets out standards that NZ veterinarians are expected to meet  The principles are broad and expected to cover all aspects of veterinary practice  All veterinarians should be familiar with these standards  Members of the public can read the code to check the standards expected of veterinarians  Much of this is also relevant to nurses and other allied professionals  https://vetcouncil.org.nz/common/Uploaded%20files/Web/Publications /2020_01%20Code%20of%20Professional%20Conduct.pdf  “NZ has no legal regulation of veterinary nurses or other allied veterinary professionals therefore the professional responsibility falls to the veterinarians who are governed by the Veterinarians Act 2005”  From: Allied Professional Regulatory Council https://www.avprc.org.nz/minimum- practicing-standards  Voluntary regulatory body, works in conjunction with the Allied  VCNZ Veterinary  Aim is to protect animal welfare and public interest by ensuring that veterinary nurses, technicians and allied animal health care practitioners are fit to practice Professional  https://www.avprc.org.nz/ Regulatory Council of New Zealand Allied Veterinary Professional Regulatory Council of New Zealand (AVPRC) New Zealand Veterinary Nursing Association (NZVNA)  Provides professional advice and support for veterinary nurses and technologists  Aims to ‘protect, inspire and advance’ veterinary nursing and allied professionals in NZ  Similar to NZVA  Not a regulatory body  Home » New Zealand Veterinary Nursing Association (nzvna.org.nz) NZVNA Professional Guidelines  Published by the NZVNA  Describes the roles and responsibilities of a vet nurse  Describes how vet nurses are expected to conduct themselves and interact with the public and colleagues  NZVNA-Guide-to-Professional-Conduct- for-Allied-Veterinary-Professionals.pdf Privacy Act 2020  This act controls who can collect, share, use and store your personal information  It ensures you know who has your information, it is kept safe and secure  As a part of an organisation (such as a vet clinic) you have a responsibility to protect clients’ information (not give it to other people) and only use it for the purpose it was collected for  For example: if a lost dog comes in, you scan it and find the details on the clinics database. You cannot give the address of the owner to the person who found the dog – even if they have good intentions! Privacy Act 2020 – 11 Principles  Purpose for collection: Clinics should collect personal information only for a lawful purpose connected with a function or activity of the clinic.  Source of information: Information should be collected directly from the individuals unless specific exceptions apply.  Collection of information from the individual: Clients should be made aware of the fact that their information is being collected, the purpose for which it is collected, and who will have access to it.  Manner of collection: Personal information must be collected by means that are lawful, fair, and not unreasonably intrusive.  Storage and security: Veterinary clinics must ensure that personal information is protected by reasonable security safeguards against loss, unauthorised access, use, modification, or disclosure.  Access to personal information: Individuals have the right to access their personal information and request corrections if necessary.  Correction: Individuals should be able to request correction of their personal information, and the clinic should take reasonable steps to ensure the accuracy of the information collected.  Accuracy before use: Before using or disclosing personal information, clinics must make a reasonable effort to ensure that it is accurate, complete, relevant, and not misleading.  Use of personal information: Use of personal information should not exceed the original purpose for which it was collected.  Disclosure of personal information: Personal information should not be disclosed unless the clinic believes on reasonable grounds that it is necessary for a specific purpose. Taking photos & Social Media  While you are personally technically able to take AskUs | Article | What are the photos of people (and pets) and post them on social rules around posting photos or media without it being a breach of the Privacy Act, this anything else about other does not mean you can do so without any people on social media? | consequences Office of the Privacy Commissioner  The Harmful Digital Communications Act (another one!) is there to protect from certain behaviours such as cyber bullying, spreading personal information etc.  There also could be complications with the Harassment Act depending on what you do with the information  So be careful and think twice before you post anything online!  Organisations like clinics MUST get permission from clients before posting anything personal (including images) online Employment Relations Act 2000  The aim of this act is to build constructive relationships between employers and employees  It is also used in Courts to promote effective enforcement of employment standards  For example: this act describes the conditions of work required for employees, what happens if your organisation restructures, rest and meal breaks etc.  Employment Relations Act 2000 No 24 (as at 06 January 2024), Public Act Contents – New Zealand Legislation Ownership  Pets are considered ‘property’ in the eyes of the law  This means a clinic cannot withhold pets from their owners – this would be considered theft  The only way pets can be removed from owners (without their consent) is through a dog control officer (Council) or animal welfare inspectors (SPCA)  Ownership (actually who owns a pet) can only be determined in a court. Even microchipping through NZCAR (New Zealand Companion Animal Register) does not necessarily prove ownership Examples  If a lost dog comes in, you scan it and find the details on the clinics database. You cannot give the address of the owner to the person who found the dog – even if it is 5 minutes before closing and they tell you they will return the dog to the owner.  A cat comes in for a vaccination and is scanned – the owner is on the New Zealand Companion Animal Register (NZCAR) but is not the same person as your client. The client tells you they have been feeding this cat for 2 years and finally decided to get it vaccinated. What do you do? Whose cat, is it? The Agricultural Compounds and Veterinary Medicines Act 1997 __________________ The Medicines Act 1981 & Medicine Regulations Act 1984 The Agricultural Compounds and Veterinary Medicines Act 1997 (ACVM Act) The ACVM Act covers rules and requirements for the registration, manufacturing, importation, sale, and use of agricultural compounds, veterinary medicines, and related products Registration of Veterinary Medicines Importation and Manufacture Advertising and Promotion Prescription and Supply Labelling and Packaging Record Keeping and Reporting Compliance and Enforcement Changes in Registration Status The Medicines Act 1981 and the Medicine Regulations Act 1984: important when human medications are used in vet practice The Misuse of Drugs Act 1975 Controls the use, possession, manufacture, and supply of controlled drugs and substances. Vet relevant are  The list of Controlled Drugs  Prescription Requirements of Controlled Drugs  Storage and Security  Dispensing and Administration  Reporting Obligations  Collaboration with Authorities  Updates and Amendments This Photo by Unknown Author is licensed under CC BY Radiation Safety Radiation Safety Act 2016  Purpose of this act is to protect the health and safety of people from the harmful effects of ionising radiation while allowing for it’s safe and beneficial use  Radiation Safety Act 2016 No 6 (as at 28 October 2021), Public Act Contents – New Zealand Legislation Code of Practice for Veterinary Radiation  Applies to all activities to do with storage or use of irradiating apparatus and radioactive material  Irradiating apparatus: X-ray machines (fixed and mobile) and CT equipment  Radioactive material: Iodine 131 (used for radioactive thyroid treatment) and technetium-99m (used in diagnostics)  Provides operational information in order to comply with Radiation Safety Act 2016  https://www.health.govt.nz/publication/code-practice-veterinary- radiation Code of Practice for Veterinary Radiation (a summary)  A management system must be in place to ensure a high level of health and safety standards  A radiation safety officer needs to be appointed  All employees are aware of their responsibilities  All activities are justified and optimised  Dose limits for occupational and public exposures are not exceeded  No person under the age of 16 is (or could be) exposed to occupational exposure  Annual review the entire process to verify compliance and assess effectiveness with the code Protective Gear Protective Gear  Lead lined gowns, gloves, thyroid shields  Must be stored properly!  Should be checked regularly for tears/creases – visually, with touch and by radiographing them Dosimeter  Measures your exposure to radiation over a period of time  Electronic version which gives a continuous readout of cumulative and current dose  Film version which requires processing to reveal cumulative dose of exposure  Worn on outside of clothing and apron on chest or torso Restraint for radiographs Radiograph faults – don’t let this be you! Hands- free Positioning Hands- free Positioning Biosecurity Act 1993 Hazardous Substances and New Organisms Act 1996